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

Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown

This is a six-person, non-scorable negotiation simulation focused on mediating values-based legal disputes, specifically disputes involving conflicting views and values regarding homosexuality and religious faith.
Role Simulation

John Forester and David Stitzel

Three-person, three-issue, integrative, scoreable mediation among representatives of a homelessness task force and a neighborhood group, mediated by a planning department representative, over the terms of a proposed homeless shelter in their suburban town
Role Simulation

Lawrence Susskind, Katherine Harvey, David Kovick, F. Peter Phillips, Marc Wolinsky, Cathy Cronin Harris, and Simeon Baum

Six-person facilitated negotiation among representatives of the city, state, developer, insurer, and victims' families regarding the redevelopment of the World Trade Center site following the Sept. 11, 2001 terrorist attacks