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Jonna Kangasoja Aalto University 19.5.2014

Maa-78.3360 Maankäytön suunnittelun erikoistyö (2014) - Aalto Course on Negotiation and Dispute Resolution. Jonna Kangasoja Aalto University 19.5.2014. Creating a public – not just staging an argument.

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Jonna Kangasoja Aalto University 19.5.2014

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  1. Maa-78.3360 Maankäytönsuunnittelunerikoistyö (2014) - Aalto Course on Negotiation and Dispute Resolution Jonna Kangasoja Aalto University 19.5.2014

  2. Creating a public – not just staging an argument • Public participation is not merely a matter of allowing the public to have its say. • Deliberation is not merely about persuasion of the better argument. • In fact, successful deliberation also is a performative act creating a public of its own. Groupings and communities are best seen as fluid so as to be able to see how they too can change over time in the policy process. Hajer, M. (2002). "Setting the Stage: A Dramaturgy of PolicyDeliberation." Administrationand Society36 (6): 624-647

  3. A Spectrum of Interaction ”meeting design fromhell” Third party mediation, complexnegotiationprocesses One-timeevents Informationexchange Series of events Jointdecisions Agreements Increasinginteraction Lasse Peltonen

  4. PolicyDialogueExample: the Public Conversations Project http://www.publicconversations.org/ Lasse Peltonen

  5. Finland : Metsähallitus & Natural resource management planning – regional working groups • Working Group • Open invitation to all stakeholder groups • Stakeholder groups name their own representatives • Independent chairperson • Sets the priorities for the management scenarios and for evaluation criteria • Recommends the chosen scenario to be approved by Metsähallitus • Metsähallitus makes the final decision of the chosen scenario and is responsible to implement it • The standpoint of the local municipalities’ elected councils • Public hearings, internet questionnaires Pauli Wallenius: CorporateCommunityEngagement, Experienecesfrom Metsähallitus, presentation 17.12.2013 at SYKE

  6. Regulatorynegotiation (reg-neg)

  7. Environmentalconflictresolution (ECR) as mediatednegotiation

  8. 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

  9. 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

  10. 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

  11. ECONOMY • Property rights • Private contracts • Compensation • EXPERT SYSTEM • Testing truth claims • Instrumental knowledge • Enlightenment thinking • SOCIAL SPHERE • Values • Life styles • Reciprocity • POLITICS • Decision making (democracy) • Legality • Voting & elections Elements of sustainable solutions Efficiency Fairness Effectiveness Legitimacy Renn, Ortwin(2004). The Challenge of Integrating Deliberation and Expertise. In McDaniels, Timothy L. & Small, Mitchell J. (eds.): Risk Analysis and Society, 289-366. Cambridge University Press.

  12. 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.

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