Maa-78.3360 Maankäytön suunnittelun erikoistyö (2014) - Aalto Course on Negotiation and Dispute Resolution

Jonna KangasojaAalto University

19.5.2014

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 Policy Deliberation." Administration and Society 36 (6): 624-647

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A Spectrum of Interaction

Public hearing

Public meeting

Workshop,forum

Policy dialogues

Conflict mediation

Consensus building

”meeting design

from hell”

Third party mediation, complex negotiation

processes

Increasing interaction

One-time events

Information exchange

Series of events

Joint decisionsAgreements

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Policy Dialogue Example:the Public Conversations Project

http://www.publicconversations.org/

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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

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Pauli Wallenius: Corporate Community Engagement, Experieneces from Metsähallitus, presentation 17.12.2013 at SYKE

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Regulatory negotiation (reg-neg)

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Environmental conflict resolution (ECR) as

mediated negotiation

Exploring the space of Assisted/ Mediated negotiation

• Public Policy Mediation, a.k.a • Collaboration (collaborative natural resource management,

collaborative science… ), a.k.a • Consensus Building

• Shared ideas– voluntary processes– negotiation (not deliberation, dialogue, discussion)– Facilitated / mediated by neutral third party– Addressing multi-party public problems– involvement of both public and private parties

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One variant: Public Policy Mediation

An interactive 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

The Mediated Negotiation Process

• convenor• assessor• stakeholders• assessment

report

Assess the Potential

Design & Decide on

Process

Clarify Facts& Options

Seek Joint Gains

Implement, Adapt

& Learn

Reach Agreement

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Elements of sustainable

solutions

ECONOMY

• Property rights• Private contracts• Compensation

POLITICS• Decision making (democracy)• Legality• Voting & elections

EXPERT SYSTEM

• Testing truth claims

• Instrumental knowledge

• Enlightenment thinking

SOCIAL SPHERE• Values• Life styles• Reciprocity

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.

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The promise of mediated negotiation

"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.