Background:

An oil company has applied to build a new pipeline and battery facility on a landowner’s property, where a number of its pipeline Right of Ways (ROW) currently existed. Some of the existing pipelines were abandoned and no longer in use due to age and integrity of the line, while others were discontinued for possible use in the future.

Pre-Mediations:  The purpose of the pre-mediation conversations was to:

  1. Provide information about what mediation is, its benefits, the mediation process and determine if mediation is appropriate.
  2. Have conversations about the situation from each party’s perspective, as well as their issues, concerns, interests, and options for resolution.
  3. Prepare the parties for mediation—expectations of mediation, expected outcomes, how to prepare for mediation.

All pre-mediation conversations are confidential; nothing is relayed to the other party unless the party states it is okay to do so, or requests it.

 

Positions/ Interests:

Landowner’s position:

  • the company to remove abandoned pipelines from his property and/or
  • the company to remove the caveat on his Land Title that identified the abandoned ROWs on his property.

Landowner’s Interests:

  • decrease the number of easements on his land,
  • relocation of his house on his property,
  • boring of the proposed pipeline–no- trenching,
  • minimize environmental disturbances, and
  • re-routing of the county road.

The Company’s position:

  • The company does not remove abandoned pipelines without just cause (it would cause more environmental disturbances and is not economical),
  • they do not remove caveats from Land Titles ( it is important that anyone who pulls the property’s Land Title know there are pipelines on the land and their location).

The Company’s Interests:

  • minimizing environmental disturbances,
  • economics,
  • decrease impacts.

Mediation Issues:

  • Right of Way Agreement,
  • Easements,
  • Communication,
  • Road, Noise, and Water.

MEDIATION The purpose of this mediation was to facilitate a conversation between the parties—an information exchange, so that each party could understand each other’s perspectives and concerns, clarify assumptions or miscommunications, impacts of the project to the landowner, and to work together towards mutually agreeable resolutions.

The mediation was conducted in a town closest to the landowner’s residence. The landowner attended on his own, while four people had attended from the company, including those with authority to make decisions based upon the issues identified, and a company pipeline specialist.

Resolutions:

Right Of Way (ROW):  Company will remove sections of abandoned pipeline should a building permit identify development on top of any ROW of abandoned pipeline.

Noise: the company shall pay for a hotel for up to 7 days as pipeline boring is underway.

New Pipeline: the company shall look into re-routing of  the proposed new pipeline off the landowner’s property.

 DURATION of the Mediation:  4.5 hours