Public Disputes

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Public disputes regularly emerge around issues related to land use, the state of the environment and the crafting of policy. Public disputes are particularly challenging, as they almost always involve multiple parties. In addition to differing interests, parties typically have very different means and degrees of influence over the situation. The agency or department with formal regulatory or management authority must be at the table, but so too should disenfranchised groups that will be significantly impacted by the outcomes. In many cases, the various stakeholder groups are not immediately obvious and some will require technical support to effectively engage.

The Clearinghouse offers a range of materials to help mediators, facilitators and negotiators prepare for the peculiarities and special requirements of public dispute in the public policy arena.. Many of the role-play exercises available revolve around interactions with regulatory agencies. Some, like Federal Lands Management I, introduce good process design.  Others, like Radwaste II, introduce certain dynamics often present in public disputes, including the emergence of coalitions, the interplay between various issues, the role of information and the importance of neutral facilitators.

A variety of videos on the mediation and negotiation of public disputes are also available through the Clearinghouse. Books available offer prescriptions and advice for negotiators engaged in public disputes  – like Seven Secrets for Negotiating with Government: How to Deal with Local, State, National, or Foreign Governments and Come Out Ahead – and the mediators trying to support them, like Breaking the Impasse: Consensual Approaches to Resolving Public Disputes.

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Role Simulations

Role Simulation

Consensus Building Institute and Alberta Environmental Appeal Board

Mediation of a three-party dispute among a paper mill, a community group, and an environmental regulatory agency over the paper mill's air pollution permit
Role Simulation

Kelly Davenport and Lawrence Susskind

Six-party negotiation among business, municipal, and environmental representatives regarding a potential ban on billboard advertising
Role Simulation

Catherine Preston and Lawrence Susskind

Five-issue negotiation between three factory representatives and three Federal Environmental Agency representatives over the factory's new operational agreement, in the context of harsh public criticism of both parties
Role Simulation

Melissa Manwaring, under the direction of David Fairman and Stacie Nicole Smith

Six-party, multi-issue negotiation among governmental, organizational, and family stakeholders regarding the implementation of court-ordered racial integration measures in Boston public schools and possible improvements in education and community relations
Role Simulation

Michael Wheeler

Two-party, single-issue distributive negotiation over a linkage payment that a developer must make to a city government; includes ethical issues
Role Simulation

Connie Ozawa

Multi-party, multi-issue facilitated negotiation for five or six players representing civic and business leaders and owner of a senior center regarding the expansion of other groups' use of the center
Role Simulation

Thomas Wiegand

Multi-party, multi-issue negotiation between 3-4 construction company representatives and 5-6 neighborhood representatives over safety and nuisance complaints regarding a local construction project; internal team meetings precede external negotiations
Role Simulation

Lawrence Susskind

Ten-party, multi-issue chaired policy dialogue among government, environmental, and industry representatives in the fictional nation of Sweland over reform of the country's waste policies, in effort to gain membership in the "European Trade Area"
Role Simulation

John Forester

Two-party, three-issue, scoreable negotiation between a developer and a city planner over the design, process, and affordability of a proposed housing development
Role Simulation

Denise Madigan, Steve Foster, and Lawrence Susskind

Six-party, multi-issue negotiation among four scientists, a city representative, and an environmentalist to develop the city's solid waste management strategy; also known as: Dioxin: Resource Recovery.
Role Simulation

Lawrence Susskind

Five-person, multi-issue facilitated negotiation among industry, environmental, labor, and government representatives to develop single-text regulation of toxic industrial by-product
Role Simulation

Jeffrey Litwak and Lawrence Susskind

Six-person, multi-issue facilitated negotiation among industry, environmental, consumer/community, labor, and government representatives to develop single-text regulation of toxic industrial by-product
Role Simulation

Lawrence Bacow

Two-party negotiation between a shopping center developer and a prospective anchor tenant over the terms of the proposed lease's "use, assignment, and subletting" clause
Role Simulation

Consensus Building Institute, Montana Consensus Council, and Bureau of Land Management

Facilitated multi-party negotiation over the appropriate decision-making process for a federal land management dispute
Role Simulation

Consensus Building Institute, Montana Consensus Council and Bureau of Land Management

Facilitated multi-party negotiation over the appropriate environmental, commercial, residential, and other uses of federal lands in the Rocky Mountains
Role Simulation

Danya Rumore, Anjali Lohani, and Mubarik Imam

Seven-party, seven-person, multi-issue negotiation game involving a dispute over inter-provincial water allocations. It explores issues of prediction and monitoring, water sharing, and the environmental adequacy of water flows.
Role Simulation

Jeffrey Litwak and Lawrence Susskind

Six-party negotiation among lending institution representatives, community leaders, a contractors' association, and the mayor's office to develop a public relations strategy and solutions to a foreclosure crisis caused by a widespread mortgage scam
Role Simulation

Susan Podziba and Lawrence Susskind

Three-party, two-round internal negotiation among agency officials over whether to litigate or pursue non-binding arbitration to settle a contract claim against a private contractor
Role Simulation

Sarah Hammitt and Jessica Artiles under the direction of Professor Lawrence Susskind

An environmentally-focused role-play simulation, Flooding deals with an investment firm that is in the final stages of a multi-year planning process for a large, riverside mixed-use development. FEMA recently updated Evantown’s Flood Insurance Rate Map and the development falls within the 100-year floodplain. In addition, a study by the local university concludes that altered precipitation patterns brought on by climate change will put more and more properties at risk of flooding in the future. Should the firm be allowed to go through with the development? How and to what extent should Evantown take measures to protect itself against flood risks? Who is responsible for paying for whatever adaptation measures are used to protect vulnerable areas?
Role Simulation

Catherine Preston and Lawrence Susskind

Twelve-person, two-round negotiation between six foundation board members and six school board and community leaders over efforts to address racial disparities in academic performance; internal negotiations precede external
Role Simulation

Imam Soliman, under the direction of David Fairman

Seven-person, multi-issue facilitated negotiation among Israeli and Palestinian leaders in the West Bank city of Hebron to discuss land claims, security, and border control
Role Simulation

Cheri Peele and Lawrence Susskind

Six-party, four-issue negotiation among a company's management and union representatives, environmental groups, and state and federal environmental agencies over fines and adoption of new technology in response to the company's illegal polluting
Role Simulation

Lawrence Susskind, Sarah McKearnan, Mike Gordon, Adil Najam, Joshua Secunda, Granville Sewell, Parag Shah and Andrea Strimling

Thirteen-person, multi-issue facilitated negotiation among eight country representatives, four NGO representatives, and a working group chairperson must draft a treaty aimed at reducing harmful organochlorines; also known as "Chlorine Game"
Role Simulation

Tyler Corson-Rickert and Mónica Oliver under the direction of Professor Lawrence Susskind

This is a seven-party, integrative negotiation between stakeholders in a city over how to implement housing retrofits to enhance resilience to extreme heat in the aftermath of deadly heat waves attributed to climate change.
Role Simulation

International Programme for the Management of Sustainability, with Lawrence Susskind

Ten-party, multi-issue negotiation among government, development, industry, labor, and preservation interests over port improvements, real-estate development, and environmental protection in a Caribbean island harbor expansion
Role Simulation

Vicki Arroyo and Lawrence Susskind

Eight-party, five-issue negotiation among community, environmental, business, and government interests over the formulation of a statewide hazardous waste siting policy
Role Simulation

Clinton Andrews and Lavinia Hall

Six-party, multi-issue mediation among electric utilities, consumer interests, environmentalists, and mediator with technical expertise, over the best way to meet increased demands for electricity
Role Simulation

Armand Ciccarelli and Lawrence Susskind

Seven-person, multi-issue mediation among business, planning, environmental, and agricultural interests regarding growth management and comprehensive planning
Role Simulation

Mark Gordon, Elizabeth Gray, Tim Rieser, and Lynn Gerber

Two-team, multi-issue collective bargaining negotiation between three police union representatives and three municipal representatives over police salaries, benefits, and working conditions
Role Simulation

Rose Foley, under the direction of David Fairman and Laura Keane

Five-party, multi-issue, EU-mediated negotiation between representatives of Catholic and Protestant groups regarding a Protestant marching route through Catholic neighborhoods
Role Simulation

John Perryman

A set of four simultaneous and potentially interactive multi-party negotiations among locally elected officials, industry representatives, and community leaders regarding a range of economic, educational, environmental, and social issues
Role Simulation

Dan Delisi, under the supervision of Lawrence Susskind and Paul Levy

Six-person integrative negotiation among representatives of manufacturing company, occupational safety agency, union, local fire department, and local technical expert to settle claims of safety violations that allegedly caused two employee deaths
Role Simulation

Geoffrey Fink and Maria Baute Stewart

Seven-party, multi-issue negotiation among a theme-park developer, neighboring mayors, a regional organization, and a national government representative over the development of a proposed theme park; involves coalition-building and cultural issues
Role Simulation

Bruce Patton

Two-party highly political negotiation between a lawyer for Nazi convention organizers and a town attorney a permit application for a Nazi Party parade in a Jewish neighborhood
Role Simulation

Lawrence Susskind and John Forester

Two-party, two-issue scoreable negotiation between a developer and a neighborhood association representative regarding the development terms of a new condominium project
Role Simulation

Lawrence Susskind and Bruce Patton

Two-party negotiation or mediation between church and neighborhood representatives over the possible use of church facilities for services for the mentally challenged
Role Simulation

Susan Podziba and Lawrence Susskind

Eight-party, multi-issue negotiation among prison administrators, government leaders, criminal justice advocates, and prisoners' rights advocates to develop recommendations for a comprehensive state policy to alleviate prison overcrowding
Role Simulation

MIT Students in the Department of Urban Studies and Planning, under the supervision of Prof. Lawrence Susskind and Dr. Herman Karl

8-party nonscorable negotiation among commercial, environmental, and governmental stakeholders over a controversial proposal to develop offshore wind farms
Role Simulation

Patrick Field, Ric Richardson, and John Harrison

Eight-person facilitated negotiation among seven landowners to develop voluntary private land-use plan to provide financial security while preserving open space and agricultural land
Role Simulation

Mieke van der Wansem, Tracy Dyke and Lawrence Susskind

Thirteen-person, multi-issue, two-round, partially scoreable negotiation among government, industry, environmental, and farming stakeholders to develop a land-use plan (Part I) and among additional government stakeholders over plan approval (Part II)
Role Simulation

Orion Kriegman and Stacie Nicole Smith, under the direction of Stacie Nicole Smith and David Fairman

Six-person mediated negotiation among representatives of the Pullman Palace Car Company, its workers and others involved in a general strike, to address issues of workers' rights
Role Simulation

Tod Loofbourrow, Lawrence Susskind, Denise Madigan and Wendy Rundle

Seven-party, multi-issue, scoreable negotiation among regulatory, environmental, tribal, local government, and industry representatives to choose criteria for selecting a low-level radioactive waste disposal site
Role Simulation

Tod Loofbourrow, Lawrence Susskind, Denise Madigan and Wendy Rundle

Six-party, multi-issue negotiation among state and local government, enviromental, and industry representatives to select one of three sites for low-level radioactive waste disposal
Role Simulation

Kelly Davenport with Patrick Field and Lawrence Susskind

Two-team, four-issue negotiation between three members of a Native Canadian band and three representatives of Calgary Central Gas over a planned pipeline through the band's reservation; includes internal team negotiations as well as external negotiation
Role Simulation

Todd Bryan, Alexandra Mitchell, Hilary Collins, and Sarah Fordyce Bock

Five-party, multi-issue negotiation among elected officials, property owners, and a gravel company over a permit for a gravel quarry in a recreationally valuable canyon
Role Simulation

Jason Corburn and Lawrence Susskind

Six-party, multi-issue negotiation among community representatives, elected leaders, environmental and health experts, and asphalt company regarding siting of an asphalt plant in a racially mixed neighborhood

Books

original
Book
By Susan L. Podziba. Civic fusion is when people bond to achieve a common public goal, even as they sustain deep value differences. This book offers proven strategies for moving polarized parties to consensus solutions based on the author's 25 years of mediation experience, including working with pro-life and pro-choice leaders after fatal shootings at women's health clinics, crane industry and union representatives to develop federal worker safety regulations, and citizens of a failed city that reclaimed their democracy by writing a consensus charter.

Video and Audio

Videos and Audio

Lawrence Susskind

An educational video for mediators or mediation students regarding mediator responsibility when parties have unequal knowledge, skills or power
original
Videos and Audio

Lawrence Susskind

A group of legal, business, and dispute resolution professionals negotiate a six-person, facilitated role simulation regarding the reconstruction of the World Trade Center site in New York City, following the 9/11/2001 terrorist attacks

Case Studies & Articles

Stephen Weiss and Sarah Tatrallyay

This case study centers on the most challenging task for a negotiator: to reach a satisfactory agreement with a tough counterpart from a position of low power—and to do so in an uncommon context. The case concerns the executive director of a zoo in the U.S. who seeks two giant pandas, an endangered species, from their only source on the planet: China.