Catherine Ashcraft and Larry Susskind
A six-party, seven-person (including the mediator), multi-issue mediation among representatives of governmental, business, environmental, recreational, and tribal interests regarding a dispute over developing an instream flow action plan
SCENARIO:
This is a six-party, seven-person (including the mediator), multi-issue mediation simulation game involving a dispute over developing an instream flow action plan. It introduces and explores the uses of a mutual gains approach to negotiation, mediation, and coalitions in a science-intensive dispute with high uncertainty. This game can be played with either 13 (2 per negotiating role + 1 mediator) or 7 (1 per negotiating role + 1 mediator) players.
A river management action team has been assembled to develop a scientifically sound instream flow action plan for the Long River. The team is made up of the governor’s special assistant and representatives from the State Department of Fish and Game, a nearby Tribe, the Regional Water Supplier, an irrigators' group, and a coalition of environmental and recreational interests. Unless at least five of the stakeholders on this team can agree on an instream flow action plan, it is very likely that federal regulators and the courts will have to step in and impose restrictions of various kinds. A neutral mediator is assisting the negotiating team.
The parties must deal with several issues: (1) Instream flow goals: what kinds of values and uses should the parties try to protect and enhance? (2) Strategies for increasing instream flow: how will the parties try to meet their instream flow goals? (3) Future development: how should land use planning for future development be integrated into water resource management? (4) Enforcement: how will the parties implement and monitor their agreement?
Participant Materials include:
- General Instructions for all participants
Confidential instructions for:
- Governor's Special Assistant
- State Department of Fish & Game Representative
- Tribe's Representative
- Regional Water Supplier Representative
- Irrigator's Group Representative
- Environment-Recreation Coalition Representative
- Mediator
Teacher's Package includes:
- All of the above
- Teaching Note
SUGGESTED LESSONS:
- Pay attention to process.
- Commit to use neutral services. It is easier to hold parties to their agreements if the group as a whole has engaged the services of a neutral mediator/ facilitator and adopted explicit ground rules.
- Consensus building can only work when stakeholders self-identify and "own" the design of the collaborative process. Expand the number of parties involved and find ways to include "unofficials."
- Share information about interests.
- Look at packages of options.
- Understand that any agreement will only be useful for a limited period and you will only get things partially right. It is almost always better to pursue an adaptive management approach in seeking to resolve water disputes or set water management policy, than to try and lay out a long-term comprehensive solution.
- Ask parties to sign the written agreement they have helped to craft.
- To ensure its implementation, don't neglect to link an informally negotiated agreement to whatever formal actions are needed by those in positions of authority.
- Commit to capacity building (and organizational development) over time.
Long River Attributes
| Time required: | 3-5 hours |
|---|---|
| Number of participants: | 7 |
| Teams involved: | No |
| Agent present: | Non-lawyer |
| Neutral third party present: | Mediator |
| Scoreable: | No |
| Teaching notes available: | Yes |
