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As land use issues become more complex, public officials must work harder to balance the contending forces of environmental protection, economic development, and local autonomy. This guidebook, developed by the Consensus Building Institute, offers step-by-step advice on assisted negotiation based on a study of 100 local land use disputes. It addresses why and how to use assisted negotiation, the risks and preparations involved, and issues in hiring a professional mediator or facilitator.
Land use planning in America began with a concern for the efficient allocation of land, but has shifted to a concern for procedural fairness in allocating public resources, which requires increased stakeholder participation. As outlined in this policy focus report, research has shown that consensus building produces more satisfying outcomes by preparing parties to deal with their differences in the future, gain confidence in the role of government, and empower themselves and others to take greater responsibility for land use decisions that affect them.
Publication of the Handbook of Group Decision and Negotiation marks a milestone in the evolution of the group decision and negotiation (GDN) eld. On this occasion, editors Colin Eden and Marc Kilgour asked me to write a brief history of the eld to provide background and context for the volume. They said that I am in a good position to do so: Actively involved in creating the GDN Section and serving as its chair; founding and leading the GDN journal, Group Decision and Negotiation as editor-in-chief, and the book series, “Advances in Group Decision and Negotiation” as editor; and serving as general chair of the GDN annual meetings. I accepted their invitation to write a brief history. In 1989 what is now the Institute for Operations Research and the Management Sciences (INFORMS) established its Section on Group Decision and Negotiation. The journal Group Decision and Negotiation was founded in 1992, published by Springer in cooperation with INFORMS and the GDN Section. In 2003, as an ext- sion of the journal, the Springer book series, “Advances in Group Decision and Negotiation” was inaugurated.
The days of rationalist scientific management and deference to official data are behind us. The credibility of experts and the information they provide are regularly challenged; officials are routinely provided with conflicting sets of facts as they plan and make decisions; and decision makers and stakeholders alike are largely skeptical that technical information will adequately account for the various interests and concerns and lead to the right outcomes. They struggle to reconcile technical information with other forms of knowledge, and differing interests, priorities and perspectives. Issues like climate change are complicating matters even further, as scientists and technicians must increasingly acknowledge the uncertainty and potential fallibility of their findings, and highlight the dynamic nature of the systems they are explaining. This book examines how groups looking to plan and make decisions in any number of areas can wade through the imperfect and often contradictory information they have to make fair, efficient, wise and well-informed choices. It introduces an emerging and very promising approach called joint fact-finding (JFF). Rather than each stakeholder group marshaling the set of facts that best advance their respective interests and perspectives while discrediting the contradictory facts others provide, groups are challenged to collaboratively generate shared sets of facts that all parties accept. This book introduces readers to the theory of JFF, the value it can provide, and how they can adopt this approach in practice. It brings together writings from leading practitioners and scholars from around the world that are at the forefront of the JFF approach to science intensive policymaking, urban planning, and environmental dispute resolution. The first set of chapters outlines the concept of JFF, and situates it within other bodies of theory and practice. The second set of case-based chapters elucidates how JFF is being applied in practice. This book delivers a new perspective to scholars in the field of public policy, urban planning, environmental studies, and science and technology studies, as well as public officials, technical experts, policy consultants, and professional facilitators.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, Seventh Edition Provides overviews, critical examinations, and analyses of the application of ADR’s three main processes for settling legal disputes without litigation— negotiation, mediation, and arbitration—and issues raised as these processes are combined, modified, and applied. This casebook challenges students to develop new processes and applications and provides them tools to master the legal issues facing lawyers who utilize the major dispute resolution processes. this book also assists students in building the skills a modern lawyer needs to represent clients in these critical processes. New to the Seventh Edition: New materials and exercises on legislative negotiation and causes and suggestions for remedying Congressional gridlock in negotiating legislative solutions to national problems. (First treatment of this issue in any law school negotiation/dispute resolution teaching book.) Negotiation simulations in which students play the roles of members of Congress and state legislators. Additional treatment of developing online dispute resolution processes. Expansion of dispute systems design materials to include community disputes. New materials designed to help students understand the mediation privilege, including a “debate” about the policy choices implicit in it and more depth on both the Uniform Mediation Act and the California mediation privilege experiences. Addition of multiple new Supreme Court arbitration cases, including American Express Company. v. Italian Colors Restaurant, Oxford Health Plans LLC v. Sutter, and Epic Systems, Inc. v. Lewis, addressing the continuing viability of the vindication of rights doctrine in arbitration, judicial review of an arbitrator’s decision to order a class action arbitration, and whether the NLRA should be interpreted to preclude employers from using class action waivers in agreements with their employees. Additional discussion of 2018-19 Supreme Court arbitration cases, including New Prime, Inc. v. Oliveira and Lamps Plus Inc. v. Varela. Consideration of the #Metoo movement and its impact on arbitration agreements and confidentiality in dispute resolution processes. Discussion of state and federal legislation addressing the use of arbitration for sexual harassment claims, including federal legislation like the End Forced Arbitration of Sexual Harassment Act bill. Substantial reorganization of the chapters on mediation, arbitration, and their variants, so that when students arrive at the new Chapter 8, Representing a Client in ADR (formerly Representing a Client in Mediation), the student is capable, as the modern lawyer should be, of representing a client in all ADR processes. The new emphasis is on facing the future. In addition to learning about ADR responses to existing matters, the student is challenged to put that learning to use in applying current ADR procedures to newly-developing issues, and in developing new processes when existing ones do not meet the client’s needs. Professors and students will benefit from: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice A distinguished and experienced author team A direct and accessible writing style A wealth of simulations (both classic and new) and questions throughout Simulations allow students to evaluate, prepare for, and practice the various dispute resolution techniques Strong coverage of mediation
Whether you work in the corporate world, a nonprofit organization, or the government sector, you likely face the need to work with others to solve problems and make decisions on a daily basis. And you've undoubtedly been frustrated by how laborious and conflict-ridden such group efforts can be. At all levels--from neighborhood block associations to boards of directors of multinational corporations--the consensus building process is highly effective in an increasingly fragmented, contentious society. In addition, the old top-down methods such as Robert's Rules of Orders often prompt more problems then they solve. Consensus helps you to implement better, more creative solutions. It provides a winning alternative to top-down decision making--and even parliamentary procedure. By learning to build consensus, stakeholders come to understand and respect one another's perspectives. The consensus building process allows participants to find solutions and forge agreements that meet everyone's needs--and provides a meaningful basis for effective, long-range implementation of decisions. The Consensus Building Handbook provides a blueprint to help make the process work in your organization, including a practical, quick-reference Short Guide. Plus, you'll find in-depth commentary and seventeen case studies with in-depth commentaries to provide the theoretical basis for this approach. --From publisher's description.
Some portion of the American public will react negatively to almost any new corporate initiative, as Disney discovered when it announced its plans to build an historical theme park in Virginia. Similarly, government efforts to change policy or shift budget priorities are invariably met with stiff resistance. In this enormously practical book, Lawrence Susskind and Patrick Field analyze scores of both private and public-sector cases, as well as crisis scenarios such as the Alaskan oil spill, the silicone breast implant controversy, and nuclear plant malfunction at Three Mile Island. They show how resistance to both public and private initiatives can be overcome by a mutual gains approach involving face-to-face negotiation, a strategy applied successfully by over fifteen hundred executives and officials who have attended Professor Susskind's MIT-Harvard "Angry Public" seminars.Susskind and Field outline the six key elements of this approach in order to help business and government leaders negotiate, rather than fight, with their critics. In the process, they show how to identify who the public is, whose concerns to address first, which people and organizations must be convinced of the legitimacy of action taken, and how to assess and respond to different types of anger effectively. Acknowledging the crucial role played by the media in shaping public perception and understanding, Susskind and Field suggest a way to develop media interaction which is consistent with the six mutual gains principles, and also discuss the type of leadership that corporate and government managers must provide in order to combine these ideas into a useful whole.We all need to be concerned about a society in which the public's concerns, fears and anger are not adequately addressed. When corporate and government agencies must spend crucial time and resources on rehashing and defending each decision they make, a frustrated and angry public contributes to the erosion of confidence in our basic institutions and undermines our competitiveness in the international marketplace. In this valuable book, Susskind and Field have produced a strong, clear framework which will help reduce these hidden costs for hundreds of executives, managers, elected and appointed officials, entrepreneurs, and the public relations, legal and other professionals who advise them.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.