Regulatory changes initiated by agencies – whether motivated by new information, stakeholder pressure or legal or political changes – typically face strong opposition from groups adversely effected. In many cases, these groups turn to the courts or their political allies, often via lobbyists, to overturn or modify policies or decisions that they oppose. Proponents and opponents arm themselves with data that supports their respective positions and fight to get their way in all-or-nothing battles.
The Program on Negotiation promotes alternative approaches to regulatory interactions in which the various stakeholder groups work together to explore all the interests at stake, jointly commission technical studies and examine relevant data, and seek solutions that meet policy goals while avoiding or mitigating the negative consequences changes might have on groups.
Role-play exercises available through the Teaching Negotiation Resource Center (TNRC) introduce regulatory negotiations in various industries and at different scales, from the regulation of billboards in a small city in Billboards in Wyethville to the regulation of international investment in a developing country in Foreign Direct Investment in Mandoa. Videos and books on regulatory negations are also available.