In an essay for NYU’s Democracy Project, David F. Levi, a former federal judge and director emeritus of the Bolch Judicial Institute, reflects on his role mediating a dispute over the Waste Isolation Pilot Plant permit in New Mexico. Over four days, citizen groups, government officials, and contractors worked together to reach unanimous agreement on permit terms — an experience that he describes as an inspiring act of civil discourse that led to complete resolution.
Levi highlights three aspects that made the process so powerful. First, the citizens “were not just making suggestions; they were assuming many of the attributes of decision makers,” taking responsibility for how the facility would be operated for the next decade. Second, participants practiced the civic virtues of democracy by “advocating, compromising, and collaborating on behalf of what they saw as the public interest.” Finally, mutual respect grew as “citizens were able to take the measure of the DOE and NMED representatives,” and officials came to appreciate the perspectives of the public.
“A government that relies on trust needs this kind of interaction to maintain that trust,” Levi writes, urging that participatory structures — like the above case study in civil dialogue — be expanded throughout the legal system.