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1. Maa-78.3360 Maankäytönsuunnittelunerikoistyö (2014) - Aalto Course on Negotiation and Dispute Resolution

   Jonna Kangasoja Aalto University 7.5. and 12.5.2014
2. Background: conflictresearch Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
3. The background – environmentalconflictresolution in the US Researchvisit to Boston 2012-2013 Working at CBI, getting to knowtheirwork & people, interviewingpractitioners Studying (publicpolicy) mediation at Harvard PON and MIT w/Larry Susskind Ongoingwork on the mechanisms of environmentaldisputeresolution in the US and possiblelessons for Finland. Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
4. In conflicts, partiesinterrupt, disturborobstructeachothers’ actionstowardtheirgoals Interdependence – the knotwillnot open bypullingharder Interpretations of the situationare an essentialelement of conflict Conflict is a messyknot Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
5. Cyclicalcharacter of conflict Goalincompatibility Escalation / resolution Conflictcommunication; expressionshostility
6. Escalation vs. de-escalation
7. Options in conflict? Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
8. Three basicreactions in conflict Voice: Interaction Loyalty: silentapproval Exit: retreat Fight Freeze Flight Hirschmann, A. O. (1972). Exit Voice and Loyalty: Responses to Decline in Firms, Organizations, and States, Harvard University Press. Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
9. Traditional vs. AlternativeDisputeResolution (ADR) Susskind, Lawrence & Cruikshank, Jeffrey (1987). Breaking the Impasse: Consensual Approaches to Resolving Public Disputes. Basic Books, New York.
10. Why is mediatednegotiationnotpracticed for solvingpublicproblemsin Finland? ”Neutrals act as surrogatesfor trust” (Peter Adler) Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
11. Cultural / institutionaldifferencesbetween Finland and the United States Finland Moretrust in government Public policystrong on ”publicinterest” Morehomogeneity, morecollectivist culture Consensualpolitics Nordiclegal culture of social protection ”Lowcontext” – lessneedorappreciation for process & communicationskills United States Lowtrust on government Private (”special”) interestsinfiltratepublicpolicy Highly fragmentedsociety, individualism Divisivepolitics Common law tradition and legal culture of litigation Highcontext: need for communicationbetweengroups Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
12. The rootsbehindConsensus Building… A tradition of negotiation and mediationtheory and practice Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
13. Twopersonswant the sameorange – how to solve the conflict? Position: ”I want the orange” Position: ”I want the orange” Interest: Thirsty for orangejuice Interest: Need to garnish adessertdish COMPROMISE Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
14. The idea of principlednegotiation in Getting to Yes Mature idea of Consensus Naive idea of Consensus Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
15. Informal problem-solving Negotiation Facilitation Conciliation Mediation - assisted negotiation Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
16. What is mediation? A voluntary and guided process in which a skilled mediator helps the parties to negotiate the settlement of a dispute. The process is not binding unless or until the parties reach agreement. A facilitative process in which a mediator works with parties (one on one and with all together) to find solutions to underlying concerns. Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
17. What is facilitation? Process of designing and running a successful multiparty process Including: Creation of goals Ground rules Agendas Management of meetings, information, agreements In order for constructive face to face dialogue and resolution of issues to be possible Preceded by individual meetings with parties  Which is preceded by situation assessment Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
18. Mediator/Facilitator Someone who helps a group of people understand their common objectives and assists them to plan to achieve them without taking a particular position during the process or discussion Facilitator/mediator must be conceived neutral by the parties Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
19. The adversarialproblem We accept an adversarial approach to decisionmakingwhen facilitated joint problem-solving would produce results that are fairer in the eyes of the parties more efficient from the standpoint of an independent analyst more stable as defined by the terms of the agreement,and wiser, in retrospect, according to the parties and independent analysts. The adversarial format drives out joint problem-solving. It also inhibits value creation, the invention of options, trades, or packages […] across interests to produce good outcomes for all sides Susskind, L. (2009) DeliberativeDemocracy and DisputeResolution. Ohio State Journal on DisputeResolution24 (3): 1-12
20. Moderator vs. Mediator Stating arguments (moderator) vs. mediated action (mediator) Moderating arguments neutrally falls short of mediating practically crafted agreements about WHAT TO DO The mediatorencouragesparticipants to "make a proposal that would satisfy you" turns the conversation into future rather than concentrating on present disputes Mediators aim to get as much knowledge to front as possible Even when there are deep value differences there can be practical agreements made of the common interest Mediation is especially needed when participants have radically different values!! John Forester, lectureRECONSTRUCTING COMMUNICATIVE PLANNING TKK, Otaniemi, 18.6.2004. Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
21. Mediation “A process in with one or two neutral mediators help people in a dispute communicate with one another, understand each other, and if possible reach agreements that satisfy the parties needs.” Mediation focuses more on the underlying interests of the parties than on their legal rights Interest-based approach “helps people reach their own agreements, rebuild relationships and if possible generate lasting solutions to their disputes.” Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
22. Flexibility Mediation can address a wider range of issues When helpful also engage other stakeholders Mediation can help parties addressing a range of related issues that may go beyond the problems enumerated in a specific instance Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
23. Exploring the space of Assisted/ Mediatednegotiation Public PolicyMediation, a.k.a Collaboration (collaborativenaturalresource management, collaborative science… ), a.k.a Consensus Building Sharedideas voluntaryprocesses negotiation (notdeliberation, dialogue, discussion) Facilitated / mediatedbyneutralthird party Addressing multi-party publicproblems involvement of bothpublic and privateparties Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
24. One variant: Public Policy Mediation Aninteractive process, designed to reach an actionable and sustainable agreement to achieve a common public goal, that is rooted in a careful exploration and weighing of interests and options, which emanate from the perspectives and knowledge bases of a diverse set of individuals and organizations. Susan Podziba: Introduction to Environmental and Public Policy Mediation. Workshop at the Centre for Urban and Regional Studies Helsinki University of Technology, 1-2 December 2004 Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
25. The Mediated Negotiation Process Assess the Potential Implement, Adapt & Learn Design & Decide on Process convenor assessor stakeholders assessment report Clarify Facts & Options Reach Agreement Seek Joint Gains Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
26. Stakeholder assessment A good stakeholder assessment shapes the problem solving process Define the issues to be addressed Determine the representativeness of the stakeholders Clarify how the parties may be represented Identify additional parties Clarify procedural challenges Determine suitability of problem-solving and propose process design Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
27. Conducting a stakeholder assessment Choose an assessor Credibility and competence Establish limits of confidentiality Conduct interviews: Protocol Number of interviews Additional stakeholders Summarize information & offer recommendations  decision to proceed with mediation/not to proceed Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution
28. The promise of mediatednegotiation "mediated negotiation is attractive because it […] allows for more direct involvement of those most affected by decisions than do most administrative and legislative processes; produces results more rapidly and at lower cost than do courts; and is flexible and therefore more adaptable to the specific needs of the parties in a given situation.” Susskind, Lawrence & Ozawa, Connie (1983). Mediated Negotiation in the Public Sector: Mediator Accountability and the Public Interest Problem. American Behavioral Scientist 27: 2, 255-279. Jonna Kangasoja Maa-78.3360 - Aalto Course on Negotiation and Dispute Resolution