Mediating the War of Olives and Pines: Consensus-Based Land-Use Planning in a Multicultural Setting

The proposed Nahal Tzalmon national park lies in the Galilee region of northern Israel. It encompasses land of unique natural beauty, some of which is occupied by Arab-Israeli families. Statutory plans defining the park's boundaries were enacted more than twenty years ago. Despite ongoing preparation, however, the park has not yet opened to the public, in part because of continuous conflict between the Israeli government authorities and the resident families over property rights affecting construction, land use, and nature preservation.
In 2000, after a long period of stagnation and discord, the Joint Environmental Mediation Service ( JEMS), guided by its founding organizations — the Consensus Building Institute and the Israel–Palestine Center for Research and Information — led a mediation process in the region. This was the first such process in the history of Israeli land-use planning. The mediation resulted in a settlement that was agreed to and signed by nearly all parties on July 8, 2004. The agreement allows residents to remain on their land and it includes incentives, such as park employment, to ensure that they help preserve the natural environment. Plans based on this agreement are currently undergoing state ratification, although several implementation challenges are yet to be resolved.
This case points to the importance of having a mediation team knowledgeable about and sensitive to local cultural norms and the difficulties of ensuring appropriate representation in the absence of a strong civic culture and organized advocacy groups. It also highlights the requisite for ensuring that all parties thoroughly understand the consensus building process and how it fits in with established bureaucratic procedures, as well as the critical need to secure strong support from implementing agencies at the outset.