Publications
Year of Publication: 2022
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Playing Roles in Classes Produces Real Problem‐Solving and Negotiation Skills. Alternatives, 40(3). Available at: https://doi.org/10.1002/alt.21937., 2022.
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Sources of opposition to renewable energy projects in the United States. Energy Policy , 165. Available at: https://doi.org/10.1016/j.enpol.2022.112922., 2022.
Many policy analysts believe that once electricity from renewable energy becomes less expensive than electricity from fossil fuel, new renewable energy facilities will be built quickly across the United States. Cost-effective renewable energy has largely been achieved, but there appear to be substantial barriers to building new renewable energy facilities. We identified 53 utility-scale wind, solar, and geothermal energy projects that were delayed or blocked between 2008 and 2021 in 28 U.S. states. Using multi-level qualitative analysis, we have identified seven key sources of opposition. Of the projects we studied, 34% faced significant delays and difficulties securing permits, 49% were cancelled permanently, and 26% resumed after being stopped for several months or years. Project delays and cancellations account for potential lost generating capacity of almost 4600 MW. State and local governments and renewable energy developers need to pay closer attention to the full range of socially-oriented sources of opposition to new facilities.
Year of Publication: 2021
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Building Local Capacity to Adapt to Climate Change. Climate Policy. Available at: https://doi.org/10.1080/14693062.2021.1874860., 2021.
Local governments in cities around the world will not be able to cope with climate change impacts until they enhance their capacity to adapt. Past efforts to build local capacity, however, have often been unsuccessful. Building municipal capacity to formulate and implement climate adaptation plans will, in our view, require a new approach. Special attention will need to be paid to (1) contingent financial arrangements; (2) widespread and continuous stakeholder engagement; and (3) a commitment to experimental problem-solving. Most important, to respond to the scientific and technical uncertainties surrounding climate risks, local governments will have to enhance their ‘adaptive governance’ capabilities.
Year of Publication: 2020
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Breaking Out of Carbon Lock-In: Malaysia’s Path to Decarbonization. Frontiers in Built Environment, 6. Available at: https://doi.org/10.3389/fbuil.2020.00021., 2020.
Malaysia has made an ambitious commitment to reduce the intensity of its carbon emissions, notably a 40% reduction (compared to 2005 levels) by 2020 and a 45% reduction (compared to 2005 levels) by 2030. As with other developing countries, Malaysia’s challenge is to decarbonize its energy-centric economy in the face of population growth pressures and substantial levels of poverty. Drawing on extensive interviews with both public and private stakeholders, we examine how Malaysia has launched its transition to a decarbonized development path. Based on our multi-year analysis, we identify key breakout factors, including behavioral transformations, institutional shifts, and action by a broad network of actors that have allowed Malaysia to begin decarbonizing its economy. At the same time, we note that federal-state friction, limited government capacity, the absence of a centralized management agency, the lack of international funding, incipient environmental awareness, and numerous barriers to investment in renewable energy reinforce carbon lock-in. Our analysis suggests ways in which other rapidly developing countries can learn from Malaysia’s initial successes and challenges.
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Initiating Collaboration in the Midst of a Standoff: What to Do at that Critical Moment. Negotiation Journal, 6207(21). Available at: https://doi.org/10.1111/nejo.12318., 2020.
Even when “warring parties” know that eventually they will have to talk to one another so that there can be peace, it is extremely difficult to get them to “fast‐forward” to that moment. The reasons for this vary. Sometimes the parties think that “time is on their side”—that continuing the battle will benefit them. Other times, leaders worry how they will appear in the eyes of their own followers if they seem to have lost heart or are ready to give in. A third reason that parties may not initiate talks is their concern that a willingness to do so may lead the other side to assume that they are ready to give up. This article examines a new way of helping parties move forward in such situations using what is called “breakthrough collaboration,” an idea invented by the Consensus Building Institute. Breakthrough collaboration allows parties to take advantage of a critical moment to initiate preliminary trust‐building activities, share information and send messages through a neutral party, and engage in internal efforts that can make it easier to move toward joint problem‐solving. Such efforts can be triggered by a convener (who is not a party) and assisted by a mediator (who may not meet with the parties simultaneously). The goal is to do more than merely encourage dialogue. The hope is that an extended sequence of facilitated activities or events can lead to a shift in thinking on all sides. The key is to know when a critical moment creates an opportunity for breakthrough collaboration.
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Che la democrazia classica, ottocentesca, abbia urgente bisogno di un upgrading è sotto gli occhi di tutti. Ma per compiere questo salto è necessario mettere all'opera anche nella vita quotidiana strumenti come l'ascolto attivo, la gestione creativa dei conflitti, l'autoconsapevolezza emozionale. Questo libro è frutto della collaborazione fra Lawrence Susskind, professore al MIT e fondatore storico del Program on Negotiation (Pon) della Harvard Law School, nonché del Consensus Building Institute di Boston, e Marianella Sclavi, una scienziata sociale innovativa non convenzionale, esperta di gestione creativa dei conflitti e di arte di ascoltare. Questo non è - se non per il minimo indispensabile -un saggio teorico , ma un libro pieno di casi, di esempi e soluzioni che sorprendono e fanno pensare. L'uso della necessaria cassetta degli attrezzi viene illustrato attraverso una simulazione: nella fittizia cittadina italiana di Dolceriviera, un variegato gruppo di underquaranta si trova impegnato in una formidabile esperienza di democrazia deliberativa. Il racconto consente di seguire passo per passo l'affacciarsi dei soliti blocchi comunicativi e di funzionamento istituzionale che impediscono lo sviluppo della intelligenza collettiva e l'emergere di soluzioni creative, partecipate, condivise.
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Municipal Cybersecurity: More Work Needs to be Done. Urban Affairs Review. Available at: https://doi.org/10.1177/1078087420973760., 2020.
As governments have digitized their operations, they have opened themselves to cyberattacks, resulting in harmful disruptions to government services. The scholarly world has been slow to pick up on this growing risk. Professional associations have conducted studies of their own, and produced recommendations, but few scholars have looked closely at cybersecurity practices at the municipal level. The interconnectedness of local infrastructure—across and among agencies and levels of government—makes it hard to figure out what is happening. In this paper, we urge scholars from multiple disciplines to examine the dangers created by the cross-linkages that characterize local cybersecurity. We examine the existing academic research, and demonstrate the significant growth in cybersecurity practice that has cropped up in spite of the relative sparsity of academic work. Theory and practice need to catch up with each other.
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The Future of Problem Solving in Crises. Available at: https://youtu.be/gdqWFvggJyM., 2020.
The COVID-19 pandemic is a global crisis of unprecedented scale, with aftershocks that will be felt in virtually every aspect of life for years or decades to come. The Frederick S. Pardee Center for the Study of the Longer-Range Future at the Pardee School of Global Studies has launched a new video series called "The World After Coronavirus," in which we ask leading experts and practitioners from Boston University and across the world to explore the challenges and opportunities we will face in our post-coronavirus future. In this episode, Dean Najam speaks with Lawrence E. Susskind, Ford Professor of Urban and Environmental Planning at the Massachusetts Institute of Technology, about the future of problem solving in crises after COVID-19.
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Water Shutoffs in Older American Cities: Causes, Extent, and Remedies. Journal of Planning Education and Research. Available at: https://doi.org/10.1177/0739456X20904431., 2020.
We highlight a worrisome situation in American cities—rising water bills that growing numbers of residents cannot afford to pay, leading to water shutoffs. A study of each state’s two largest water utilities suggested fifteen million Americans experienced water shutoffs in 2016. We describe how utility responses to financial challenges facing older cities have caused shutoffs that disproportionally hurt low-income customers. We present new data from public records requests illustrating the scale and distribution of shutoffs in Baltimore, Philadelphia, and Detroit, and discuss the potential of income-based pricing to solve the water affordability challenge.
Year of Publication: 2019
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ACSP Distinguished Educator, 1997: Lloyd Rodwin. Journal of Planning Education and Research, 39(1)., 2019.
This essay is the thirteenth in a series on the recipients of the Association of Collegiate Schools of Planning Distinguished Educator Award, ACSP’s highest honor. The essays appear in the order the honorees received the award.
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, 2019.
Technical tools dominate the cyber risk management market. Social cybersecurity tools are severely underutilised in helping organisations defend themselves against cyberattacks. We investigate a class of non-technical risk mitigation strategies and tools that might be particularly effective in managing and mitigating the effects of certain cyberattacks. We call these social-science-grounded methods Defensive Social Engineering (DSE) tools. Through interviews with urban critical infrastructure operators and cross-case analysis, we devise a pre, mid and post cyber negotiation framework that could help organisations manage their cyber risks and bolster organisational cyber resilience, especially in the case of ransomware attacks. The cyber negotiation framework is grounded in both negotiation theory and practice. We apply our ideas, ex post, to past ransomware attacks that have wreaked havoc on urban critical infrastructure. By evaluating how to use negotiation strategies effectively (even if no negotiations ever take place), we hope to show how non-technical DSE tools can give defenders some leverage as they engage with cyber adversaries who often have little to lose.
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, 2019.
Larry Susskind, MIT professor and co-founder of the Program on Negotiation joins us to talk about his book Good for You, Great for Me. We’re talking about how to negotiate against the 900-pound gorilla; the organization that seemingly has all the leverage in negotiations because of its size.
Larry discusses the “the trading zone”— the space where you can create deals that are “good for them but great for you” while maintaining trust.
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Os oito grandes erros de negociação que empreendedores cometem. Revista de Direito Público da Economia – RDPE, 17(65), pp.253-266., 2019.
Empreendedores, cujo trabalho é o de transformar ideias em novos produtos ou serviços para os quais exista um mercado, orgulham-se por criar disrupção e fomentar a inovação. Mas, muitas vezes eles tropeçam em negociações-chave porque não sabem manusear os desafios negociais que quase sempre aparecem. Empreendedorismo tipicamente envolve séries de interações entre fundadores, sócios, parceiros em potencial, investidores, e outros, nos vários estágios do processo empreendedor – desde a “semeadura”, quando o negócio é apenas uma ideia, até o estágio do “desligamento”, quando o empreendedor aliena ou deixa o negócio. Nós analisamos todas as variedades de negociações em empreendimentos, procurando identificar os erros mais comuns cometidos pelos empreendedores, e, neste artigo, descrevemos oito deles. Nós debatemos como os empreendedores podem aprender a evitar tais erros – especialmente através de preparação adequada – e quais estratégias podem ser desenvolvidas para superar esses inevitáveis deslizes.
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Perspectives on Water Diplomacy: Key Findings, Remaining Challenges, and Future Directions. In Interdisciplinary Collaboration for Water Diplomacy: A Principled and Pragmatic Approach. Interdisciplinary Collaboration for Water Diplomacy: A Principled and Pragmatic Approach. CRC Press., 2019.
This book introduces the concept of Water Diplomacy as a principled and pragmatic approach to problem-driven interdisciplinary collaboration, which has been developed as a response to pressing contemporary water challenges arising from the coupling of natural and human systems.
The findings of the book are the result of a decade-long interdisciplinary experiment in conceiving, developing, and implementing an interdisciplinary graduate program on Water Diplomacy at Tufts University, USA. This has led to the development of the Water Diplomacy Framework, a shared framework for understanding, diagnosing, and communicating about complex water issues across disciplinary boundaries. This framework clarifies important distinctions between water systems - simple, complicated, or complex - and the attributes that these distinctions imply for how these problems can be addressed. In this book, the focus is on complex water issues and how they require a problem-driven rather than a theory-driven approach to interdisciplinary collaboration. Moreover, it is argued that conception of interdisciplinarity needs to go beyond collaboration among experts, because complex water problems demand inclusive stakeholder engagement, such as in fact-value deliberation, joint fact finding, collective decision making, and adaptive management. Water professionals working in such environments need to operate with both principles and pragmatism in order to achieve actionable, sustainable, and equitable outcomes. This book explores these ideas in more detail and demonstrates their efficacy through a diverse range of case studies. Reflections on the program are also included, from conceptualization through implementation and evaluation.
This book offers critical lessons and case studies for researchers and practitioners working on complex water issues as well as important lessons for those looking to initiate, implement, or evaluate interdisciplinary programs to address other complex problems in any setting.
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Reflections on David Godschalk’s Contributions to Planning as Consensus Building. Journal of the American Planning Association, 85(1), pp.21 - 22., 2019.
David Godschalk and I first worked together in the 1970s on a book titled Paternalism, Conflict, and Coproduction (Susskind & Elliot, 1983 Susskind, L., & Elliot, M. (1983). Paternalism, conflict, and coproduction: Learning from citizen action and citizen participation in Europe. New York, NY: Plenum Press.
[Crossref], , [Google Scholar]
) in which David shared the results of his inquiries into neighborhood planning in The Netherlands. The purpose of the book was to bring together planners, urban designers, and public participation specialists in the United States with their international counterparts to see what they could learn from the city planning and development experiences of other countries. David was, by that time, totally committed to the idea that public participation in local decision making could ensure that development and conservation efforts embodied the contending interests of a full range of stakeholders. But providing opportunities for groups who were usually ignored to speak out was not enough. In our discussions, David was concerned that newly emergent ideas about advocacy planning addressed only part of the problem. Merely giving more people and groups a voice would not guarantee that any of their interests would be realized. Conflict would be generated (and that was good), but the cacophony of voices needed to give way to coproduction. The only way to ensure that the full range of interests could be implemented was to generate a consensus on how development should proceed. -
Shifting The Burden: Using a Questionnaire and Panel Review to Ensure that Ecosystem Services are Taken into Account in Project Appraisal. Solutions, 10(2). Available at: https://www.thesolutionsjournal.com/article/shifting-burden-using-questionnaire-panel-review-ensure-ecosystem-services-taken-account-project-appraisal/., 2019.
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The Eight Common Mistakes That Entrepreneurs Make When Negotiating. The European Business Review, (3)., 2019.
We all know the statistics. Most start-up businesses fail. While many experts attribute the high failure rate to the risks associated with innovation, we have found that an equally significant cause is the mismanagement of key relationships, and more specifically, the way that founders and entrepreneurs negotiate.
Year of Publication: 2018
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(Participatory) Action Research: Principles, Approaches and Applications. In Nova Science Publishers. Available at: https://www.novapublishers.com/catalog/product_info.php?products_id=63787., 2018.
In this book, authors present current research on the implementation of reform mathematics in order to identify, explore, and evaluate five specific goals. Students were presented with problem solving activities that correlated with real-world situations. During this process, students tracked their confidence and growth as mathematicians. Next, the ways in which students learn to effectively engage in natural discussions related to the literature they are reading are examined. Barriers to the implementation of literature circles in the classroom are discussed, and ideas for successful execution are highlighted. Action research (AR) leaders’ roles are explored through two studies, with the frame constituting of K-20 science, technology, engineering, and mathematics (STEM) education and how participant engagement leads to AR project insight. The authors provide suggestions for future AR leaders. This compilation goes on to discuss how teaching Participatory Action Research (PAR) in MIT’s Department of Urban Studies and Planning has led to focus on the responsibilities of action researchers and their obligations to the communities and places in which they work; and the importance of building the capacity of community members so that they can take control of the research being done about, with, and for them. The authors explore the way in which Curriculum Studies have addressed relevance and by proposing a framework for the study of curriculum relevance in general, which was adapted from literature on Science Education. The proposal considers three dimensions of relevance: societal, vocational, and individual. A chapter is included which fully addresses the analysis of one of the cases developed in the authors’ previous work, in which students have to reconstruct their memories about the experiences they had during compulsory education in order to compare them with the experiences they have during the practicum. The authors share their concerns about the process of accompaniment, the process of student participation in the design and assessment of the subjects, and the search for situated and transformative learning in a university context. The use of action research in higher education is proposed, especially in programs that use practical approaches such as residency programs in healthcare. The text discusses similar themes such as andragogy, meaningful learning, active learning, and systemic thinking. Additionally, a teacher-driven approach for changes in teaching chemical bonding was chosen, inspired by the PAR model suggested by Eilks and Ralle. The authors determine that remote networking of a teacher action researcher with a PAR-driven community of practitioners and academic educational researchers helped strengthen the process of research and development and contributed to strengthen the teacher’s continuous professional development. Subsequently, an application of participatory action research (PAR) conducted in Italy is illustrated. In describing the structure of action research, it can first be asserted that it is not a linear methodology of research but instead a cyclical process that proceeds through greater levels of complexity. In conclusion, the book aims to determine the relationship between the principles, approaches and applications of participatory action research (PAR) by using a case study of wood-carving workers. The authors maintain that although this project was successful in increasing health awareness of the workers and the community, long-term impact and sustainability of networking and activities need to be examined.
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Complexity of Transboundary Water Disputes: Enabling Conditions for Negotiating Contingent Resolutions. In London: Anthem Press., 2018.
'Transboundary Water Management as a Complex Problem'seeks to understand transboundary water governance as complex systems with contingent conditions and possibilities. To address those conditions and leverage the possibilities it introduces the concept of enabling conditions as a pragmatic way to identify and act on the emergent possibilities to resolve transboundary water issues.
Based on this theoretical frame, the book applies ideas and tools from complexity science, contingency and enabling conditions to account for events in the formulation of treaties/agreements between disputing riparian states in river basins across the world (Indus, Jordan, Nile, Ganges, Brahmaputra, Colorado, Danube, Senegal and Zayandehrud). It also includes a section on scholars' reflections on the relevance and weakness of the theoretical framework.
The book goes beyond the conventional use of the terms 'complexity', 'contingency' and 'enabling conditions' and anchors them in their theoretical foundations. The argument distinguishes itself from the conventional meaning and usage of the terms of necessary and sufficient conditions in causal explanations. The book's focus is to identify conditions that set the stage to move from the world of seemingly infinite possibilities to actionable reality. Three enabling conditions - active recognition of interdependence, mutual value creation through negotiation and adaptive governance through learning - are identified and explored for their meaning and function in specific transboundary water disputes.
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Deliberative Democracy and Public Dispute Resolution. In The Oxford Handbook of Deliberative Democracy. The Oxford Handbook of Deliberative Democracy. Oxford University Press. Available at: https://global.oup.com/academic/product/the-oxford-handbook-of-deliberative-democracy-9780198747369?cc=us&lang=en&., 2018.
Deliberative democracy and public dispute resolution (PDR) have the same goal—to inform and determine the public interest—but they involve different skills and practices. This article considers the ways in which deliberative democratic approaches to policyrelated decision-making can be supplemented with tools used in public dispute resolution —specifically, the use of an independent mediator, the well-developed technique of stakeholder assessment, and a new strategy called joint fact-finding, where stakeholders with different interests work together with outside experts to identify common assumptions, gather information together, and formulate and clarify opinions. All are designed to achieve fairer, wiser, more stable and more efficient outcomes.
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, 2018.
The great majority of startups fail, and most entrepreneurs who have succeeded have had to bounce back from serious mistakes. Entrepreneurs fumble key interactions because they don’t know how to handle the negotiation challenges that almost always arise. They mistakenly believe that deals are about money when they are much more complicated than that.
This book presents entrepreneurship as a series of interactions between founders, partners, potential partners, investors and others at various stages of the entrepreneurial process - from seed to exit. There are plenty of authors offering ‘tips’ on how to succeed as an entrepreneur, but no one else scrutinizes the negotiation mistakes that successful entrepreneurs talk about with the authors.
As Dinnar and Susskind show, learning to handle emotions, manage uncertainty, cope with technical complexity and build long-term relationships are equally or even more important. This book spotlights eight big mistakes that entrepreneurs often make and shows how most can be prevented with some forethought. It includes interviews with high-profile entrepreneurs about their own mistakes. It also covers gender biases, cultural challenges, and when to employ agents to negotiate on your behalf.
Aspiring and experienced entrepreneurs should pay attention to the negotiation errors that even the most successful entrepreneurs commonly make.
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Factors driving collaboration in natural resource conflict management: Evidence from Romania. Springer Nature. Available at: http://rdcu.be/Gdhg., 2018.
A critical challenge in natural resource management is to bring all stakeholders together to negotiate solutions to critical problems. However, various collaborative approaches to heading off conflicts and resolving natural resource management disputes have been used. What drives these efforts, however, still needs further research. Our study provides a systematic look at the drivers likely to initiate collaborative problem-solving efforts in four cases in Romania. We use Emerson’s et al.(2012) framework for collaborative governance and multi-value qualitative comparative analysis (mvQCA ) to analyze cases involving endangered species, restrictions on forest harvest, conflicts associated with infrastructure development projects, and disputes over the managementof environmentally sensitive areas. Our findings contribute to the already existing collaborative governance literature indicating which of the four factors: uncertainty, interdependence, consequential incentives, and leadership, in which combination, are necessary and sufficient to spur collaborative resource management efforts. Our results showed that in Romania the initiation of collaboration is best explained by positive consequential incentives (i.e.,financial opportunities) which has determined leaders to take initiative. This study provides additional information for the complicated process of natural resource management which is often overriding collaboration by investigating what enables and constrains collaborative efforts in a country where natural resources were managed and used according to the principles of central planning.
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Short videos for teaching about five key concepts in negotiation and dispute resolution: the mutual gains approach to negotiation, negotiating in teams, winning at win-win negotiation, multiparty negotiation and managing the tensions between the internal and external elements of a negotiation. All five ideas feature 6 - 8 minute presentations by MIT Professor Larry Susskind, Vice-Chair and Co-founder of the Program on Negotiation at Harvard Law School and Founder and Chief Knowledge Officer of the Consensus Building Institute.
Full copies of these videos are avalaible from the Consensus Building Institute.
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During the fall of 2017, art educator B. Stephen Carpenter II began a residency at the MIT Center for Art, Science & Technology (CAST). He provided new perspectives on issues of access, privilege, and the global water crisis through a series of seminars, performances, and workshops. Carpenter's seminars illustrated ways of disrupting systems of oppression and ways to increase access to potable water in politically marginalized communites in the United States and abroad.
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Paul Davidoff Tapes Project. The Davidoff Tapes Project. Available at: http://pauldavidoff.com/project-description/., 2018.
The Davidoff Tapes Project is an initiative of the MS in Urban Planning and Community Development, which seeks to address a significant gap in the contemporary urban planning literature related to the life and work of Paul Davidoff as a planning scholar, professional educator, planning practitioner, and Civil Rights activist.
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Planning for Readiness—and Growth, Using climate vulnerability assessments and long-range master planning, Boston and Cambridge address the dual demands of climate change and economic development. Planning, 84(3), pp.(32-36). Available at: https://www.planning.org/planning/2018/mar/climatereadiness/., 2018.
In the last decade, unprecedented storm events—from Superstorm Sandy to hurricanes Harvey, Irma, and Maria— have sent a clear message to coastal cities across the nation: We must do more to anticipate and manage severe flooding and other climate-related disruptions. Some cities have already begun this work by mapping their vulnerabilities and looking for ways to enhance their resilience. New York, San Francisco, and Boston are among those considering changes in land-use regulation, investments in conservation, and infrastructure modifications aimed at protecting high-value coastal areas and the people who live and work in them. Philanthropic initiatives such as the Rockefeller Foundation’s 100 Resilient Cities have helped in this regard.
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The Eight Big Negotiation Mistakes that Entrepreneurs Make. Negotiation Journal, 34(43), pp.401 - 413., 2018.
Entrepreneurs, whose job is to transform ideas into new products or services for which there is a market, pride themselves on creating disruption and driving innovation. But they often fumble key interactions because they don't know how to handle the negotiation challenges that almost always arise.
Entrepreneurship typically entails a series of interactions between founders, partners, potential partners, investors, and others at various stages of the entrepreneurial process – from the “seed” stage when the business is just an idea to the “exit” stage when the entrepreneur sells or departs. We have scrutinized the full range of entrepreneurial negotiations seeking to identify the most common negotiation mistakes that entrepreneurs make, and in this article we describe eight of them. We discuss how they can learn to prevent these mistakes – especially through proper preparation – and which strategies they can deploy to overcome the mistakes they do make.
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, 2018.
MIT is looking ahead, trying to figure out what skills the next generation of scientists, engineers, applied social scientists, designers and managers will need. After careful consideration, and a close review of numerous studies of the future of work, MIT believes it will have to complement the depth of the training it currently offers in dozens of technical fields with an equal commitment to developing the breadth of each individual’s leadership capabilities. To build this necessary breadth, it will be necessary to focus on helping learners know themselves (e.g., improve their emotional intelligence, adaptability, resilience, ethnical awareness, reflective capacity, etc.), work with others to get things done (e.g. motivate others, give and receive feedback, build teams and networks, communicate effectively, resolve conflict, and negotiate with difficult people); and build organizational capacity (e.g., manage change, manage crises, help organizations learn, implement user experience design and better marketing, and commit to process improvement).
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Using Complexity Science and Negotiation Theory to Resolve Boundary-Crossing Water Issues. Journal of Hydrology., 2018.
Many water governance and management issues are complex. The complexity of these issues is related to crossing of multiple boundaries: political, social and jurisdictional, as well as physical, ecological and biogeochemical. Resolution of these issues usually requires interactions of many parties with conflicting values and interests operating across multiple boundaries and scales to make decisions. The interdependence and feedback among interacting variables, processes, actors and institutions are hard to model and difficult to forecast. Thus, decision-making related to complex water problems needs be contingent and adaptive. This paper draws on a number of ideas from complexity science and negotiation theory that may make it easier to cope with the complexities and difficulties of managing boundary crossing water disputes. It begins with the Water Diplomacy Framework that was developed and tested over the past several years. Then, it uses three key ideas from complexity science (interdependence and interconnectedness; uncertainty and feedback; emergence and adaptation) and three from negotiation theory (stakeholder identification and engagement; joint fact finding; and value creation through option generation) to show how application of these ideas can help enhance effectiveness of water management.
Year of Publication: 2017
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Balancing Analysis and Intuition. Negotiation Journal, 33(4). Available at: http://onlinelibrary.wiley.com/doi/10.1111/nejo.12191/full., 2017.
I worked with Howard Raiffa for almost three decades, first to create the Program on Negotiation at Harvard Law School (PON) and then to build the Consensus Building Institute, a nonprofit organization that I founded in 1993. Most of the time, I felt more like one of his students than a faculty colleague. I could always learn something from Howard, even from the most casual interaction. I just had to ask the right questions, and then listen, and I always regretted it if I did not write down what he said.
I want to focus on four concepts that Howard developed and their impact on me. They are:
- post-settlement settlement;
- collaborative preparation of negotiation templates;
- full open truthful exchange (FOTE) versus partial open truthful exchange (POTE); and
- approaches to multiparty negotiation.
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, 2017.
Every day in communities across America hundreds of committees, boards, church groups, and social clubs hold meetings where they spend their time engaged in shouting matches and acrimonious debate. Whether they are aware of it or not, the procedures that most such groups rely on to reach decisions were first laid out as Robert's Rules more than 150 years ago by an officer in the U.S. Army's Corps of Engineers. Its arcane rituals of parliamentary procedure and majority rule usually produce a victorious majority and a very dissatisfied minority that expects to raise its concerns, again, at the next possible meeting.
Breaking Robert's Rules clearly spells out how any group can work together effectively. After briefly explaining the problems created by Robert's Rules, the guide outlines the five key steps toward consensus building, and addresses the specific problems that often get in the way of a group's progress. Appendices include a basic one page "Handy Guide" that can be distributed at meetings and a case study demonstrating how the ideas presented in the book can also be applied in a corporate context.
Written in a non-technical and engaging style, and containing clear ideas and instructions that anyone can understand and use, this one-of-a-kind guide will prove an essential tool for any group desperate to find ways of making their meetings more effective. In addition, neighborhood associations, ad hoc committees, social clubs, and other informal groups lacking a clear hierarchy will find solid advice on how to move forward without resorting to "majority rules" or bickering over who will take leadership positions. Bound to become a classic, Breaking Robert's Rules will change the way you hold meetings forever, paving the way for efficiency, efficacy, and peaceful decision making.
Italian Language Second Edition
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An online, self-paced curriculum for learning the basic techniques government agencies, citizen action groups, corporations and research institutions use to solve pressing environmental problems.
The book is divided into four sections: The first section focuses on how certain environmental problems can only be solved through active government effort to implement policies that effectively take science and politics into account empowering readers to develop, through exercises and videos, a solid framework to shape an action plan to solve specific environmental problems. The next section focuses on formulating a sound philosophical basis for taking action in environmental problem solving situations. Through exercises and videos, readers will be able to take a stand on these debates, drawing on practical cases with worked examples. The penultimate section helps environmental practitioners understand how to use various analytical tools empowering readers to practice multi-party environmental problem-solving, and to identify the power of each tool to enhance environmental problem-solving, developing the judgment to enumerate strengths and weaknesses as they see them playing out in practice. The concluding section is a survey of the theory and practice behind mobilizing support for particular problem-solving ideas.
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Het Kan Wel! 2nd ed., Available at: http://webshop.mgmc.nl/978%209078171058.html., 2017.
Het kan wel! draws from the rich practical experiences of Frans Evers with negotiations on Dutch spatial development projects using the Mutual Gains Approach (MGA) that Professor Lawrence Susskind, as Vice-Chair of inter-university Program on Negotiation at Harvard Law School, has co-developed.
The Mutual Gains Approach (also called a win-win approach) provides space for creative policy and decision making that takes into account all social interests. Stakeholders will be given the opportunity to bring forward their interests, ideas and objections from the very beginning. This process is designed in such a way that solutions are developed where each party benefits. The developments can be done quickly and with great support and do not bother with outsiders who use their obstacle to slow down.
The book is based on Lawrence Susskind's Breaking Robert's Rules. The decision-making on major area development is based on twelve exemplary projects, ranging from the Second Maasvlakte and the layout of the area between Almere and Schiphol / Amsterdam to spatial developments in the Bulb region and the combination of nature and industry in Woensdrecht.
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Managing complexity: from visual perception to sustainable transitions. Contributions of Brunswik’s Theory of Probabilistic Functionalism. Environment Systems and Decisions., 2017.
Roland Scholz and his team have done a fine job of drawing attention to what they see as the important insights contained in Brunswik’s Theory of Probabilistic Functionalism (TPF). And, they have made a praiseworthy effort to demonstrate how Brunswik’s insights can be applied to many kinds of organisms or systems, at many levels and, at the same time, contribute to the management of social complexity. In its scope, Scholz’s paper is truly transdisciplinary. (So much so, that I am not adequately equipped to comment on several portions of the review.) The primary goal of the paper is to demonstrate that it is possible to apply Brunswik’s insights about visual perception, including contemporary knowledge about its corresponding biological processes, to the way we understand social phenomena (like the functioning of human groups). Therefore, I will focus on the portion of the paper that seeks to explore this connection.
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Risk as Feelings and Perception Matters: The Role of Risk Perception in Environmental Decisions . Finance, Geography and Sustainability Workshops., 2017.
In the fourth panel of presenters for the Finance, Geography and Sustainability Workshops, Elke Weber, Professor in Energy and the Environment and Professor of Psychology and Public Affairs at Princeton University and Lawrence Susskind, Ford Professor or Urban and Environmental Planning at MIT discuss how individuals construction and measure risks, and how an understanding of these feelings of risk can be applied to climate change decisions.
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, 2017.
The MIT-UTM 'Malaysia Sustainable Cities Program' (MSCP) is a five-year collaboration between MIT and Universiti Teknologi Malaysia. It brings eight to ten scholars a year from universities in the developing world to Malaysia for four months to document efforts in one of five Malaysian cities to reduce their carbon intensity and promote sustainable city development. The scholars then spend four months at MIT organizing their findings in working papers and educational videos for global distribution. The 27 scholars who have participated thus far have focused on disaster preparedness, flood protection, sustainable tourism, ecosystem conservation, water management, community engagement, socially responsible real estate development, the status of migrant workers, sustainable transportation, protecting cultural heritage, promoting renewable energy, greening the building process and urban regeneration. Since our primary objective is south-south learning, that’s what we will focus on in this short paper.
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The Environmental Policy and Planning Group - a seamless network across the Institute . DUSP Faculty Videos., 2017.
Professor Lawrence Susskind's first video in the DUSP Faculty Videos. In this video Larry talks about his academic interests spanning his 45 years at MIT. In addition, he describes the benefits and network EPP and DUSP offer to students at MIT.
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The Political and Cultural Dimensions of Water Diplomacy in the Middle East. In Water Security in the Middle East Essays in Scientific and Social Cooperation. Water Security in the Middle East Essays in Scientific and Social Cooperation. Anthem Press., 2017.
Water Security in the Middle East explores the extent and nature of water security problems in transboundary water systems in the Middle East. This collection of essays discusses the political and scientific contexts and the limitations of cooperation in water security. The contributors argue that while conflicts over transboundary water systems in the Middle East do occur, they tend not to be violent nor have they ever been the primary cause of a war in this region.
The authors place water disputes in larger political, historical and scientific contexts and discuss how the humanities and social sciences could contribute more towards this understanding. They also contend that international sharing of scientific and technological advances can significantly increase access to water and improve water quality. While scientific advances can and should increase adaptability to changing environmental conditions, especially climate change, national institutional reform and the strengthening of joint commissions are vital. The contributors indicate ways in which transboundary cooperation may move from simple and intermittent coordination to sophisticated, adaptive and equitable modes of water management.
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Urban Science: Regression to Technocracy or Pathway to Progressive Planning?. Planning Ideas that Matter Podcast. Available at: https://soundcloud.com/user-795897165/sets/urban-science-regression-to., 2017.
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How can planners involve individuals to participate in an informed manner in the planning process for their communities? What effect do localized, carefully designed, serious games have on their participants's actions in their community? Can they be used as a public policy and planning tool to change the course of history in particular locations?
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Water in the Middle East: Making Room for Informal Problem Solving. Bustan: The Middle East Book Review, 8(2), p.132. Available at: http://www.jstor.org/stable/10.5325/bustan.8.2.0132., 2017.
Year of Publication: 2016
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Entrepreneurs: Prepare to overcome key negotiation challenges. Negotiation Briefings , 19(4). Available at: http://www.pon.harvard.edu/negotiation-briefings-articles/entrepreneurs-prepare-to-overcome-key-negotiation-challenges/., 2016.
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Fireside Q & A with Professor Larry Susskind. EDRblog.org. Available at: http://www.law.utah.edu/fireside-q-a-with-professor-larry-susskind/., 2016.
Larry Susskind is the Ford Professor of Urban and Environmental Planning at MIT, the founder of the Consensus Building Institute, and a leading theorist in the field of public sector dispute resolution. On March 30, he met with students and professionals at the University of Utah College of Law for an enlightening Q & A Fireside Chat. Topics discussed ranged from his personal career path to the role of elected officials as conveners of collaborative processes. The Fireside Chat followed Larry’s Stegner Lecture, during which he spoke about Managing Climate Risks in Resilient Cities. His Stegner Lecture stressed the importance of focusing on “adaption now!,” inclusion and consideration of diverse stakeholders’ perspectives in adaptation planning, and moving beyond discussion to the “do something” stage of resiliency-building. These events kicked off the 21st Annual Wallace Stegner Symposium Green Infrastructure, Resilient Cities: New Challenges, New Solutions held March 31 and April 1, 2016.
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Professor Lawrence Susskind's presentation on creating consensus on local climate risk management, drawn from Managaing Climate Risks in Coastal Communities and the research conducted for the New England Climate Adaptation Project.
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If you can' negotiate, you can't be a successful entrepreneur. As Howard H. Stevenson, long-time business scholar has said, entrepreneurship is “the pursuit of opportunity beyond resources controlled.” That means that no matter what the sector, entrepreneurship requires convincing others—your startup co-founders, angel investors, venture capitalists, employees, and potential business partners—to commit their knowledge, time, reputation, expertise, and money to your idea.
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, 2016.
With Lawrence Susskind, Professor at MIT, Author of 20 books on negotiation skills and techniques including his latest, Good for You, Great for Me: Finding the Trading Zone and Winning at Win-Win Negotiations Acknowledging that we all negotiate in many aspects of our daily lives— with our spouses, our friends, our children—Professor Susskind defines how to negotiate, as it applies to his online course, as the proper interaction between investors and entrepreneurs, so that each party presents and protects their respective interests in a manner that leads to positive results all the way around. As opposed to the “old school” way of selling, where the presenter or sales person goes into the room with a product or an idea and simply puts it on the table, Susskind teaches the value of advance preparation, the importance of building relationships, studying all the angles, and anticipating resistance, all important components of how to negotiate successfully.
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Joint Fact-finding: Process and Practice. In Joint Fact-Finding in Urban Planning and Environmental Disputes (The Earthscan Science in Society Series) . Joint Fact-Finding in Urban Planning and Environmental Disputes (The Earthscan Science in Society Series) . Routledge, pp. 14-27., 2016.
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 sceptical that technical information will adequately account for the various interests and concerns and lead to the right outcomes. Uncertainly around issues like climate change only complicates matters further, as scientists and technicians must increasingly acknowledge the uncertainty and potential fallibility of their findings.
This book examines how groups looking to plan and make decisions in any number of areas wade through the imperfect and often contradictory information they have to make fair, efficient, wise and well-informed choices. An emerging and very promising approach called joint fact-finding (JFF) can help. Rather than each stakeholder group marshalling 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 a shared set of facts that all parties accept. This book will introduce readers to the theory of JFF, the value it can provide, and how they can adopt this approach in practice. It will bring together writings from leading practitioners and scholars from around the world that are at the forefront of JFF approach to science intensive policy making, urban planning, and environmental dispute resolution. It will comprise of two parts: First, a set of chapters that outline the concept and practice of JFF; and second, a set of case-based chapters that elucidate 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.
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Managing Climate Risks in Resilient Cities, The University of Utah Press., 2016.
MIT Professor Lawrence Susskind contends that communities can take action to combat climate change now, but such actions will happen only with widespread public engagement; public education and public opinion surveys are not enough. Susskind and colleagues have been facilitating workshops with role-playing sessions where people consider how what they want and need can be meshed with the different wants and needs of others. Dialogue focuses not on worldwide climate change but on localized weather catastrophes. Climate risk is thereby translated into public health risk and people emerge with ideas for change rather than a mere summary of problems and disagreements. Susskind's discourse serves as a blueprint for ways that government agencies and citizens can work together to build climate-resilient communities.
Susskind delivered this lecture on March 30, 2016, at the twenty-first annual symposium sponsored by the Wallace Stegner Center for Land, Resource and the Environment at the S. J. Quinney College of Law at the University of Utah.
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, 2016.
Interivew with Small Business with Stever Strauss. February 19, 2016
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Role-play simulations for climate change adaptation education and engagement. Nature Climate Change, 6., 2016.
In order to effectively adapt to climate change, public officials and other stakeholders need to rapidly enhance their understanding of local risks and their ability to collaboratively and adaptively respond to them. We argue that science-based role-play simulation exercises — a type of 'serious game' involving face-to-face mock decision-making — have considerable potential as education and engagement tools for enhancing readiness to adapt. Prior research suggests role-play simulations and other serious games can foster public learning and encourage collective action in public policy-making contexts. However, the effectiveness of such exercises in the context of climate change adaptation education and engagement has heretofore been underexplored. We share results from two research projects that demonstrate the effectiveness of role-play simulations in cultivating climate change adaptation literacy, enhancing collaborative capacity and facilitating social learning. Based on our findings, we suggest such exercises should be more widely embraced as part of adaptation professionals' education and engagement toolkits.
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If you can’t negotiate, you can’t be a successful entrepreneur. My new online class at MIT is designed to help both new and experienced entrepreneurs improve their negotiation skills. This includes learning how to handle the four unique features of entrepreneurial negotiation.
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The End of Environmental Diplomacy?. Border Crossing, 2(10). Available at: https://issuu.com/diploflying/docs/border.crossing-april-2016-issue-vo., 2016.
Lawrence Susskind and Saleem Ali examine the challenges of environmental diplomacy. Despite the best intentions expressed by states pursuing environmental accords and agreements there has always been difficulty getting international actors to live up to commitments. The authors take up these difficulties, assessing the possibilities for environmental diplomacy going forward.
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The importance of negotiating skills is often neglected in engineering training. Prof Susskind, who teaches at MIT, explains why this is a mistake; and why it presents different problems from those engineers are used to.
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The need to build policy literacy into climate science education. WIREs Clim Change., 2016.
An increased focus on ‘policy literacy’ for climate scientists, parallel to ‘science literacy’ for the public, is a critical need in closing the science–society gap in addressing climate mitigation. We define policy literacy as the knowledge and understanding of societal and decision-making contexts required for conducting and communicating scientific research in ways that contribute to societal wellbeing. We argue that current graduate education for climate scientists falls short in providing policy literacy. We identify resources and propose approaches to remedy this, arguing that policy literacy education needs to be mainstreamed into climate science curricula. Based on our experience training science students in global environmental policy, we propose that policy literacy modules be developed for application in climate science curricula, including simulations, case studies, or hands-on policy experiences. The most effective policy literacy modules on climate change will be hands-on, comprehensive, and embedded into scientific education.
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, 2016.
Jim Blasingame's the Small Business Advocate, April 27th 2016
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The Warming Arctic: Site of a New 'Cold War'?. The Warming Arctic: Site of a New "Cold War"?., 2016.
MIT's Center for International Studies hosted the Starr Forum: The Warming Arctic: Site of a New 'Cold War'?where speakers explored the geopolitical implications of the thawing Arctic. Speakers discussed what is at stake as trade routes and mineral deposits open up due to Climate Change. The changing landscape in the Arctic opens up tremendous potential, but also the possibility of geopolitical conflict among the littoral states. The range of topics included; What should be the new international regime governing Arctic exploration and passage? What are US and Russian objectives in the Arctic? Can the states surrounding the Arctic agree about governance? How great is the potential for conflict over Arctic resources and re-militarization?
Year of Publication: 2015
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An early leader in climate mitigation and green living, Boston established itself as an innovator in sustainability. However, when it comes to climate preparedness, Boston, like many other cities, is still trying to define a strategy. Boston faces numerous hurdles to implementing a climate preparedness agenda ranging from a lack of funding and coordination to uncertainty regarding which interventions are worth pursuing. Despite these hurdles, Boston has made one innovative modification in its permitting process that is moving its preparedness agenda forward.
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A seven-party role-play simulation involving a diverse set of stakeholders who must consider the short-term and long-term public health impacts of climate change while assessing the pros and cons of specific (and conflicting) risk management strategies.
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La plupart des personnes entament les negociations sans veritable preparation. Le Monde de L’Intelligence, (40)., 2015.
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Drawing on research from the New England Climate Adaptation Project, “Managing Climate Risks for Coastal Communities” introduces a framework for building local capacity to respond to climate change. The authors maintain that local climate adaptation efforts require collective commitments to risk management, but that many communities are not ready to take on the challenge and urgently need enhanced capacity to support climate adaptation planning. To this end, the book offers statistical assessments of one readiness enhancement strategy, using tailored role-play simulations as part of a broader engagement approach. It also introduces methods for forecasting local climate change risks, as well as for evaluating the social and political context in which collective action must take place. With extensive illustration and example engagement materials, this volume is tailored for use by researchers, policy makers and practitioners.
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The Cost of Contentiousness: A Status Report on Offshore Wind in the Eastern United States. Virginia Environmental Law, 33(3)., 2015.
While successful elsewhere, the offshore wind energy sector has been unable to launch off the Atlantic coast of the United States. We explore the regulatory, political, and legal factors behind the delays encountered by American offshore wind. We also provide an update on the regulatory changes that federal and state governments are adopting to overcome the barriers to the sector’s emergence. We ascribe offshore wind’s difficulties to a costly and contentious development cycle, which is due in part to a fragmented regulatory landscape and inconsistent political support. We see reasons for optimism, however, in the regulatory reforms being enacted at the state and federal levels. These reforms add clarity to the permitting and leasing process, and they offer various kinds of direct support to offshore wind energy developers.
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Understanding the water crisis in Africa and the Middle East: How can science inform policy and practice?. Bulletin of the Atomic Scientists , 71(2)., 2015.
When it comes to conflicts over the allocation of freshwater supply, who bears the burden, at what cost, and at what scale are important questions. While science can contribute to resolution of certain water allocation disputes, more scientific certainty will not resolve most water allocation controversies. Water stress in Africa and in the Middle East—particularly in the Nile Basin—is likely to lead to a range of conflicts, not because there is not enough scientific information to go around, but for other reasons. Water stress is likely to emerge as an increasingly important concern because population growth, current allocation practices, unchecked demand, and underinvestment in infrastructure are not being appropriately addressed. An effective way to resolve water crisis is to reframe conflicting needs and uses of water as opportunities for joint decision-making about this shared resource. The authors use the Nile Basin to illustrate how such informal problem-solving and decision-making can be initiated.
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Using Devising Seminars to Advance Collaborative Problem Solving in Complicated Public Policy Disputes. Negotiation Journal , 31(3)., 2015.
In many public policy situations, formal negotiations and collective problem solving are inhibited by a lack of good ideas that can get the buy-in and support of all involved stakeholders. We suggest that devising seminars provide a promising approach for helping to overcome this barrier. A devising seminar is an off-the-record, facilitated workshop that brings together representatives of core stakeholding interest groups to brainstorm mutually advantageous approaches to address collective challenges. In this article, we explain what devising seminars are, how they work, and how they can help with complex public policy disputes. We illustrate through the case of the Devising Seminar on Arctic Fisheries and conclude with lessons learned from that experience.
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Using role-play simulations to encourage adaptation. In Action Research for Climate Change Adaptation: Developing and Applying Knowledge for Governance. Action Research for Climate Change Adaptation: Developing and Applying Knowledge for Governance. Routledge., 2015.
Governments all over the world are struggling with the question of how to adapt to climate change. They need information not only about the issue and its possible consequences, but also about feasible governance strategies and instruments to combat it. At the same time, scientists from different social disciplines are trying to understand the dynamics and peculiarities of the governance of climate change adaptation.
This book demonstrates how action-oriented research methods can be used to satisfy the need for both policy-relevant information and scientific knowledge. Bringing together eight case studies that show inspiring practices of action research from around the world, including Australia, Denmark, Vietnam and the Netherlands, the book covers a rich variety of action-research applications, running from participatory observation to serious games and role-playing exercises. It explores many adaptation challenges, from flood-risk safety to heat stress and freshwater availability, and draws out valuable lessons about the conditions that make action research successful, demonstrating how scientific and academic knowledge can be used in a practical context to reach useful and applicable insights.
The book will be of interest to scholars and students of climate change, environmental policy, politics and governance.
Year of Publication: 2014
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Arctic Fisheries Devising Seminar: Stakeholder Assessment. Program on Negotiation Working Paper Series., 2014.
In the case of Arctic Fisheries, our research team interviewed 45 participants from 12 countries. Interviewees were asked about: (1) new risks to various Arctic fisheries posed by retreating sea ice; (2) strategies for protecting fish stocks; (3) gaps in scientific knowledge; (4) the possible need for new monitoring systems; (5) concerns of indigenous communities; (6) ways of reducing the impact of oil spills that might occur; and (7) the possible need for new treaties or new institutional arrangements. We have grouped interviewee responses into seven stakeholders categories: national governments; fishing industry; oil and gas industry; indigenous peoples and human rights advocates; multilateral institutions; environmental interests; and independent scientists. The national governments stakeholder category is discussed in terms of Arctic five countries (Russia, U.S., Canada, Norway and Denmark, through Greenland and the Faroe Islands) and non-Arctic five countries (Iceland, Finland, and Sweden), as interviewees often referred to states according to these distinctions. Although some of our respondents were women, we have used the pronoun “he” for all interviewees in an effort to maintain anonymity. To avoid confusion, we have used the terms “central Arctic” and “peripheral Arctic” throughout the document to distinguish different regions of the Arctic, as compared to “high Arctic,” “low Arctic,” or other distinctions. We understand these terms mean different things to different people, and we hope our use of these terms accurately captures the intended meaning of our interviewees.
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Arctic Fisheries Devising Seminar: Summary Report. Program on Negotiation Working Paper Series., 2014.
The Arctic Fisheries Devising Seminar brought together 23 people from a wide variety of stakeholder groups to wrestle with these questions. Participants included high-level government policy-makers from various states, regions, and territories, namely Canada, the European Union (EU), the Faroe Islands, Finland, Greenland, Iceland, Norway, Russia, Sweden, and the United States; experienced government scientists; key representatives from non-governmental organizations, scientific organizations, and industry; distinguished representatives from Arctic indigenous peoples; and highly regarded scholars and Arctic experts. Participants came with an extremely impressive set of credentials and affiliations. They were asked to engage on equal footing as individuals rather than in their official capacity, and to help generate ideas that would be acceptable to their own constituencies while concurrently addressing the concerns of other stakeholder groups. That is, they were invited to participate in an informal, off-the-record problem-solving exercise. To this end, no comments are attributed to individual participants, nor is anyone identified by name. Instead, this summary reports on the topics introduced, the good ideas that emerged, and points of convergence and divergence among the group.
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Can Games Really Change the Course of History?. Négociations, 2(22), pp.29-39., 2014.
There are various ways games can be used to inform, and even alter, high-stakes policy negotiations. I’m going to describe several of them below, but this only works when the actual negotiators take part in the game in advance of undertaking their own “real life” interactions. I’m not convinced that the results of role-play simulations involving students or other stand-ins will mean much to senior government representatives.
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The Program On Negotiation at Harvard Law School invited three members of its highly experienced negotiation faculty to share stories about how they have adapted their teaching strategies in various cross-cultural contexts.
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Six-party, multi-issue negotiation focused on issues of public engagement in hydropower-based energy development
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Environmental Diplomacy Negotiating More Effective Global Agreements Second Edition., Oxford Press., 2014.
International environmental agreements have increased exponentially within the last five decades. However, decisions on policies to address key issues such as biodiversity loss, climate change, ozone depletion, hazardous waste transport and numerous other planetary challenges require individual countries to adhere to international norms. What have been the successes and failures in the environmental treaty-making arena? How has the role of civil society and scientific consensus contributed to this maturing process? Why have some treaties been more enforceable than others and which theories of international relations can further inform efforts in this regard? Addressing these questions with renewed emphasis on close case analysis makes this volume a timely and thorough postscript to the Rio-Plus 20 summit's celebrated invocation document, The Future We Want, towards sustainable development.
Environmental Diplomacy: Negotiating More Effective Global Agreements provides an accessible narrative on understanding the geopolitics of negotiating international environmental agreements and clear guidance on improving the current system. In this book, authors Lawrence Susskind and Saleem Ali expertly observe international environmental negotiations to effectively inform the reader on the geopolitics of protecting our planet. This second edition offers an additional perspective from the Global South as well as providing a broader analysis of the role of science in environmental treaty-making. It provides a unique contribution as a panoramic analysis of the process of environmental treaty-making.
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, 2014.
“Win-win” negotiation is an appealing idea on an intellectual level: Find the best way to convince the other side to accept a mutually beneficial outcome, and then everyone gets their fair share. The reality, though, is that people want more than their fair share; they want to win. Tell your boss that you’ve concocted a deal that gets your company a piece of the pie, and the reaction is likely to be: “Maybe we need to find someone harder-nosed than you who knows how to win. We want the whole pie, not just a slice.” However, to return to an earlier era before “win-win” negotiation was in fashion and seek simply to dominate or bully opponents into submission would be a step in the wrong direction—and a public relations disaster.
By showing how to win at win-win negotiating, Lawrence Susskind provides the operational advice you need to satisfy the interests of your back table—the people to whom you report. He also shows you how to deal with irrational people, whose vocabulary seems limited to “no,” or with the proverbial 900-pound gorilla. He explains how to find trades that create much more value than either you or your opponent thought possible. His brilliant concept of “the trading zone”—the space where you can create deals that are “good for them but great for you,” while still maintaining trust and keeping relationships intact—is a fresh way to re-think your approach to negotiating. The outcome is often the best of both possible worlds: You claim a disproportionate share of the value you’ve created while your opponents still look good to the people to whom they report.
Whether the venue is business, a family dispute, international relations, or a tradeoff that has to be made between the environment and jobs, Susskind provides a breakthrough in how to both think about, and engage in, productive negotiations.
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Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada.
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Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada.
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, 2014.
In some Canadian provinces, they take what is called Judicial Dispute Resolution (JDR) very seriously. During designated periods each year, litigants can choose to have a judge help them settle their lawsuits in a confidential pre-trial conference.
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New England Climate Adaptation Project: Case Studies Dover, New Hampshire; Barnstable, Massachusetts; Wells, Maine and Cranston, Rhode Island., Science Impact Collaborative at the Massachusetts Institute of Technology and the Consensus Building Institute., 2014.
The Massachusetts Institute of Technology Science Impact Collaborative worked with the National Estuarine Research Reserve System (NERRS) and the Consensus Building Institute to test an innovative way to help coastal communities understand and prepare for the potential impacts of climate change. With a grant from the NERRS Science Collaborative, the team engaged four at-risk New England towns in testing the use of role-play simulations as a means to educate the public about climate change threats and to help communities explore ways of decreasing their vulnerability and enhancing their resilience to climate change impacts.
The results of the two year project are summarized in four case studies.
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Program on Negotiation Digital Library: Breaking Robert's Rules. Program on Negotiation Digital Library., 2014.
The Program On Negotiation's Vice-Chair of Education, Professor Lawrence Susskind shares some valuable insights on his groundbreaking book, Breaking Robert's Rules.
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Program on Negotiation Digital Library: Consensus Building Approach. Program on Negotiation Digital Library., 2014.
The Program On Negotiation's Vice-Chair of Education, Professor Lawrence Susskind shares some valuable insights on the process of the consensus building approach.
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Program on Negotiation Digital Library: Facilitative Leadership. Program on Negotiation Digital Library. Available at: https://www.youtube.com/watch?v=yGoRbWoRdFQ&list=PL5QaO7hnkvtUYMn1rj7eaqW2WoVWrUF_a&index=33., 2014.
The Program On Negotiation's Vice-Chair of Education, Professor Lawrence Susskind shares some valuable insights on facilitative leadership in Negotiation.
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Program on Negotiation Digital Library: Getting the Right Parties to the Table. Program on Negotiation Digital Library. Available at: https://www.youtube.com/watch?v=MQvaH5cl0I0&list=PL5QaO7hnkvtUYMn1rj7eaqW2WoVWrUF_a&index=37., 2014.
The Program On Negotiation's Vice-Chair of Education, Professor Lawrence Susskind shares some valuable insights on the process of who should be at the negotiation table.
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Program on Negotiation Digital Library: Joint Fact Finding. Program on Negotiation Digital Library. Available at: https://www.youtube.com/watch?v=SoWadHbbY9E&list=PL5QaO7hnkvtUYMn1rj7eaqW2WoVWrUF_a&index=36., 2014.
The Program On Negotiation's Vice-Chair of Education, Professor Lawrence Susskind shares some valuable insights on the process of Joint Fact Finding.
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Program on Negotiation Digital Library: Value Creation. Program on Negotiation Digital Library. Available at: https://www.youtube.com/watch?v=ke3CU0eiilo&index=34&list=PL5QaO7hnkvtUYMn1rj7eaqW2WoVWrUF_a., 2014.
The Program On Negotiation's Vice-Chair of Education, Professor Lawrence Susskind shares some valuable insights on value creation during a negotiation.
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The Future of Hydropower in Chile. Journal of Energy and Natural Resources Law, 32(4)., 2014.
Existing legal and regulatory frameworks in Chile do not ensure adequate opportunities to address the trade-offs associated with hydropower effectively. As a result, hydro projects have become the focus of intense public protests and legal disputes. This article provides a historical overview of hydro development in Chile, and then analyses three elements of Chile's hydropower 'problem': the need for improved governance of the electricity and water sectors, more comprehensive and timely environmental and social impact assessment, and fuller respect for the rights of indigenous peoples affected by hydropower projects.
Year of Publication: 2013
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Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a small, beachfront community.
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Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a medium-sized coastal community
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Seven-person, multi-issue facilitated negotiation among local government, community, business, environmental, and engineering representatives trying to reach agreement on a strategy for managing climate change risks in a small coastal city
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Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a mid-size coastal city.
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, 2013.
In this article, I describe my career as a pracademic. Over several decades, I have been able to maintain a substantial private practice in public dispute resolution and also meet the teaching, advising, and research demands of an academic career. I have achieved this by engaging primarily in action research: I begin with “problems” in the field and work collaboratively with stakeholders to generate “solutions” that meet their interests. I then document and analyze these interventions to build prescriptive theory through systematic reflection on my own involvement.
In this article, I discuss how I have been able to achieve success as a “pracademic,” but also consider the challenges that young scholars who seek to engage in practice confront today. I further describe some possible strategies for successfully integrating a substantial practice component into an academic career in conflict resolution.
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, 2013.
A New Focus on Adaptation following Hurricane Sandy There are quite a few people in New York and New Jersey who want the government to do something. They want to make sure that the horrendous effects of Hurricane Sandy are not repeated in the years ahead. In the Northeast, the unusual “superstorm” resulted in extensive property loss and more than 100 deaths. Current estimates are that the storm caused more than $60 billion in damage in New York and New Jersey alone. What are the things that local, state, and federal agencies can do to reduce the risks associated with destructive storms?
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This mercury game is a role-play simulation aimed at scientists, students and decision makers. Playing the game will help participants explore the consequences of representing scientific uncertainty in various ways in a policy context.
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Water and Democracy: New Roles for Civil Society in Water Governance. International Journal of Water Resources Development , 29(4), pp.666-677., 2013.
In most democratic countries, government officials make water-allocation decisions. Citizens depend on these officials and their technical advisors to take account of both technical and political considerations in determining which water uses get priority, what infrastructure investments to make and what water quality standards to apply. In many parts of the world, water users and stakeholders have additional opportunities to comment on such decisions before they are implemented. Under some circumstances, citizens can challenge water management decisions in court. This is not enough. More direct democracy, involving stakeholders before such decisions are made, can produce fairer and increasingly sustainable results. The steps in collaborative adaptive management – a form of stakeholder engagement particularly appropriate to managing complex water networks – are described in this article along with the reasons that traditional forms of representative democracy are inadequate when it comes to water policy.
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What Do We Know About Training World-Class Negotiators?. In The Change Champion’s Field Guide: Strategies and Tools for Leading Change in Your Organization. The Change Champion’s Field Guide: Strategies and Tools for Leading Change in Your Organization. Best Practice Publications., 2013.
The Change Champion's Fieldguide, endorsed as a book that will, "become one of the most quoted, referenced, and used business books in the first decade of the 2000's," by Vijay Govindarajan, Earl C. Daum 1924 Professor of International Business, Director, Center for Global Leadership, Tuck School of Business, Dartmouth College, contains successful tools, instruments, case studies, and models from the best in the industry that you can immediately apply for initiating and leading change within your social or organizational system. Think of yourself as an artist and this book as your palate. Most of the elements within this book may be modified to fit your stakeholders' unique needs. The Fieldguide provides you with all of the necessary elements to champion change. The authors of this book are widely recognized as among the best in organization change and leadership development.Some of these contributors include Dave Ulrich, Marshall Goldsmith, David Cooperrider, Kathleen Dannemiller, Louis Carter, and Lawrence Susskind. They provide invaluable lessons in succeeding during crisis or growth modes and economies. As change champions, they share many similar attributes including openness to learning and collaboration, humility, innovation and creativity, integrity, a high regard for people's needs and perspectives, and a passion for change.
Year of Publication: 2012
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, 2012.
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Building Consensus for Sustainable Development. In Sustainable Development Drivers: The Role of Leadership in Government, Business and NGO Performance . Sustainable Development Drivers: The Role of Leadership in Government, Business and NGO Performance . Edward Elgar Pub., 2012.
Sustainable development cannot be prescribed - rather, it results from conscious personal choices in government, business and NGOs. This thought-provoking book explores both the origins and future of the global sustainable development movement, and provides an original overview of the driving forces of sustainable development, including market forces and past and future trends.
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Eight-party negotiation (with option for a ninth person facilitator) regarding climate change issues in a situation loosely based on the situation in Ghana.
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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.
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Core Values of Dispute Resolution: Is Neutrality Necessary?. Marquette Law Review, 95(3). Available at: http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=5112&context=mulr., 2012.
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Dealing with an Angrier Public Part 1. ACResolution: The Quarterly Magazine of the Association for Conflict Resolution, 12(3)., 2012.
In 1996, we published the book Dealing with an Angry Public. In it we raised concerns about the distrustful attitudes that citizens have toward government and corporations, and the inability of these institutions to respond to public concerns in a robust, inclusive, and effective way. We put forward six principles that might help win back the public’s trust. We expected that leaders and organizations that adopted these principles would be better off.
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Dealing with an Angrier Public Part Two. ACResolutions Magazine: The Quarterly Magazine of the Association for Conflict Resolution, 12(4)., 2012.
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Environmental Policy Evaluation And The Prospects For Public Learning. In Oxford Handbook of Environmental Policy. Oxford Handbook of Environmental Policy. Oxford University Press., 2012.
This article reviews conventional approaches to environmental policy evaluation, outlines their presumed relevance to policy making and implementation, and points out the main reasons why they have been subject to challenge. It contrasts the conventional approach to environmental policy evaluation—which presumes the identity of the policy analyst is unimportant—with the “collaborative approach,” which emphasizes the need to engage relevant stakeholders (i.e., the users of policy analyses and those affected by them) in the process of environmental policy evaluation. The article also describes the emergence of “adaptive” approaches to resource management and sustainable development, and explains why they represent an important shift away from emphasizing “success” and “failure” in environmental policy making and toward ongoing public learning for purposes of improvement.
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Integrated Joint Fact-Finding. iJFF Conference., 2012.
A videotaped lecture by Professor Susskind (MIT, Dept. of Urban Studies and Planning) on joint fact-finding process at the iJFF conference in Tokyo, March 6, 2012.
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The government recently announced a new plan to facilitate the development of solar energy projects on public land in six Western states. Lawrence Susskind, a professor of urban and environmental planning at MIT, explains what it means for the future of renewable energy.
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The Consensus Building Approach. AGORA Autostrade per I’Italia, 1(1), pp.10-16. Available at: https://www.autostrade.it/documents/10279/34184/agora-01.pdf., 2012.
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Water Diplomacy: Creating Value and Building Trust in Transboundary Water Negotiations. Science and Diplomacy, 1(3). Available at: http://www.sciencediplomacy.org/perspective/2012/water-diplomacy., 2012.
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, 2012.
Water is the resource that will determine the wealth, welfare, and stability of many countries in the twenty-first century. This book offers a new approach to managing water that will overcome the conflicts that emerge when the interactions among natural, societal, and political forces are overlooked. At the heart of these conflicts are complex water networks.
In managing them, science alone is insufficient and so is policy-making that doesn't take science into account. Solutions will only emerge if a negotiated or diplomatic approach that blends science, policy, and politics is used to manage water networks. The authors show how open and constantly changing water networks can be managed successfully using collaborative adaptive techniques to build informed agreements among disciplinary experts, water users with conflicting interests, and governmental bodies with countervailing claims.
Shafiqul Islam is an engineer with over twenty-five years of practical experience in addressing water issues. Lawrence Susskind is founder of MIT's Environmental Policy and Planning Program and a leader of the Program on Negotiation at Harvard Law School. Together they have developed a text that is relevant for students and experienced professionals working in a variety of engineering, science, and applied social science fields. They show how new thinking about water conflict can replace the zero-sum battles that pit experts, politicians, and stakeholders against each other in counter-productive ways. Their volume not only presents the key elements of a theory of water diplomacy; it includes excerpts and commentary from more than two dozen seminal readings as well as practice exercises that challenge readers to apply what they have learned.
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What is Consensus?. In Multi-Party Dispute Resolution, Democracy and Decision-Making Volume II. Multi-Party Dispute Resolution, Democracy and Decision-Making Volume II. Ashgate., 2012.
The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.
Year of Publication: 2011
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A critical assessment of collaborative adaptive management in practice. Journal of Applied Ecology, 49(1), pp.47-51., 2011.
This article examines the Glen Canyon Dam Adaptive Management Program (AMP) in the United States, and other CAM efforts, to illustrate why and how procedural shortcomings may lead to natural resource management failures and reflect on how they may be overcome.
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Every day in communities across America hundreds of committees, boards, church groups, and social clubs hold meetings where they spend their time engaged in shouting matches and acrimonious debate. Whether they are aware of it or not, the procedures that most such groups rely on to reach decisions were first laid out as Robert's Rules more than 150 years ago by an officer in the U.S. Army's Corps of Engineers. Its arcane rituals of parliamentary procedure and majority rule usually produce a victorious majority and a very dissatisfied minority that expects to raise its concerns, again, at the next possible meeting.
Breaking Robert's Rules clearly spells out how any group can work together effectively. After briefly explaining the problems created by Robert's Rules, the guide outlines the five key steps toward consensus building, and addresses the specific problems that often get in the way of a group's progress. Appendices include a basic one page "Handy Guide" that can be distributed at meetings and a case study demonstrating how the ideas presented in the book can also be applied in a corporate context.
Written in a non-technical and engaging style, and containing clear ideas and instructions that anyone can understand and use, this one-of-a-kind guide will prove an essential tool for any group desperate to find ways of making their meetings more effective. In addition, neighborhood associations, ad hoc committees, social clubs, and other informal groups lacking a clear hierarchy will find solid advice on how to move forward without resorting to "majority rules" or bickering over who will take leadership positions. Bound to become a classic, Breaking Robert's Rules will change the way you hold meetings forever, paving the way for efficiency, efficacy, and peaceful decision making.
Spanish Language Edition
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Eight-party negotiation (with option for a ninth person facilitator) regarding climate change issues in a situation loosely based on the situation in Viet Nam.
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Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada.
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Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada.
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Every day in communities across America hundreds of committees, boards, church groups, and social clubs hold meetings where they spend their time engaged in shouting matches and acrimonious debate. Whether they are aware of it or not, the procedures that most such groups rely on to reach decisions were first laid out as Robert's Rules more than 150 years ago by an officer in the U.S. Army's Corps of Engineers. Its arcane rituals of parliamentary procedure and majority rule usually produce a victorious majority and a very dissatisfied minority that expects to raise its concerns, again, at the next possible meeting.
Breaking Robert's Rules clearly spells out how any group can work together effectively. After briefly explaining the problems created by Robert's Rules, the guide outlines the five key steps toward consensus building, and addresses the specific problems that often get in the way of a group's progress. Appendices include a basic one page "Handy Guide" that can be distributed at meetings and a case study demonstrating how the ideas presented in the book can also be applied in a corporate context.
Written in a non-technical and engaging style, and containing clear ideas and instructions that anyone can understand and use, this one-of-a-kind guide will prove an essential tool for any group desperate to find ways of making their meetings more effective. In addition, neighborhood associations, ad hoc committees, social clubs, and other informal groups lacking a clear hierarchy will find solid advice on how to move forward without resorting to "majority rules" or bickering over who will take leadership positions. Bound to become a classic, Breaking Robert's Rules will change the way you hold meetings forever, paving the way for efficiency, efficacy, and peaceful decision making.
Dutch Language Edition
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Learning from Practice in the Face of Conflict and Integrating Technical Expertise with Participatory Planning: Critical Commentaries on the Practice of Planner-Architect Laurence Sherman Mediation and Collaboration in Architecture and Community Planning:. Planning Theory and Practice, 12(2), pp.287-310., 2011.
In the practice stories and commentaries that follow, good practice leads and inspires good theory. We will read about transportation planning and environmental management, about community involvement and multi-stakeholder negotiations, and throughout about deftly bringing technical expertise into play to inform creative proposals while working within specified budget constraints. We will read about early and even virtual negotiations among building users to inform architects' design choices and their more or less productive professional roles too. And there's much more
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Learning the Art and Science of Negotiation: Tools for All User Fee Stakeholders. In PDUFA and the Expansion of FDA User Fees: Lessons from Negotiators. PDUFA and the Expansion of FDA User Fees: Lessons from Negotiators. The Food and Drug Law Institute., 2011.
Since passage of the first Prescription Drug User Fee Act almost 20 years ago, user fee negotiations and the legislative vehicles that authorize them have significantly changed the scope of FDA’s responsibilities. After PDUFA paved the way to the acceptance of user fees, programs were created for other FDA-regulated industries, such as medical devices, animal drugs, generic animal drugs and tobacco. Several additional user fee programs are on the horizon, such as those for generic human drugs and biosimilars. Are you and your organization ready to engage in a smart, educated manner?
There are many issues that reach across user fee programs. This book addresses: What approaches have been taken by FDA and the regulated industries to the various user fee programs? What can the history of prescription drug and medical device user fee negotiations tell us about future negotiations? What strategies worked in the past? What are the lessons learned that can be applied across all stakeholders?
Chapters explore the history leading to the first user fee program (PDUFA), the biopharmaceutical industry perspective on negotiating user fees, a first-of-its-kind view of negotiations from the FDA lens, a clear explanation of Congress’ role in enacting user fees, insight into how user fees expanded to medical devices, advice from professional negotiators on how to bring new tools to the negotiation table and overall lessons learned for all stakeholders.
This book serves as a guide to stakeholders preparing for any user fee negotiation, whether it’s for a new program, or reauthorization of an existing one. The book draws on the institutional knowledge of many of the most experienced user fee negotiators, affording a unique 360-degree view of the evolving nature of such negotiations; it offers practical insights not only for those at the negotiating table, but for anyone involved in helping to shape, analyze, monitor or understand user fee programs.
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This is a segment taken from the Program on Negotiation's "Negotiation Pedagogy Video Series, Part Two." In this video, MIT Professor Lawrence Susskind uses the case "Teflex Products" to teach an Executive Education Seminar about how to deal with an angry public.
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The Quarterly Magazine of the Association for Conflict Resolution. Dispute Resolution Magazine, 17(2), pp.24-26., 2011.
Year of Publication: 2010
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An eight-party, 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?
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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.
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Six-party, multi-issue negotiation game involving environmental, economic, social, and political interests in a city where the water infrastructure is inefficient and not up to the task of coping with extreme water events.
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Collaborative planning and adaptive management in Glen Canyon: A cautionary tale. Columbia Journal of Environmental Law, 35(1), pp.1-55. Available at: https://ssrn.com/abstract=1572720., 2010.
The Glen Canyon Dam Adaptive Management Program (AMP) has been identified as a model for natural resource management. We challenge that assertion, citing the lack of progress toward a long-term management plan for the dam, sustained extra-programmatic conflict, and a downriver ecology that is still in jeopardy, despite over ten years of meetings and an expensive research program. We have examined the primary and secondary sources available on the AMP’s design and operation in light of best practices identified in the literature on adaptive management and collaborative decision-making. We have identified six shortcomings: (1) an inadequate approach to identifying stakeholders; (2) a failure to provide clear goals and involve stakeholders in establishing the operating procedures that guide the collaborative process; (3) inappropriate use of professional neutrals and a failure to cultivate consensus; (4) a failure to establish and follow clear joint fact-finding procedures; (5) a failure to produce functional written agreements; and (6) a failure to manage the AMP adaptively and cultivate long-term problem-solving capacity.
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Communication and Negotiation How Talk Works: Studying Negotiation Interaction. Negotiation Journal, 26(2), pp.117-123., 2010.
Negotiation depends on communication. Whatever else goes on during a negotiation, parties attempt to manage their differences and reach agreements through exchanges of messages that make up sequences of moves and countermoves. Complementing language use, negotiation interaction is unavoidably situated within physical and social environments that can function as resources for negotiators: location (institutional, architectural), embodiment (posture, gesture, laughter, eye gaze), modes of communication (documents, symbol systems, telephones, e-mails), and social relationships. Furthermore, even the “mental” elements of negotiation (goals, planning and strategizing, emotional reactions, evaluating outcomes, etc.) are communicatively constituted, made public, and mutually understood in and through interaction. More than simply representing and conveying information, communication is the means by which social actors create meanings, outcomes, identities, and relationships.
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Complexity Science and Collaborative Decision Making. Negotiation Journal, 26(3), pp.367-370., 2010.
In a recent book entitled Planning with Complexity, Judith Innes and David Booher (2010) make the case for a new way of knowing and deciding that they call collaborative rationality, an approach to problem solving that puts a premium on face-to-face dialogue and multiparty negotiation. Collaborative rationality involves interactions among a great many people with different perspectives, drawing on multiple sources of information, who manage to reach agreement. To explain how such broad-based collaboration is possible, Innes and Booher draw on insights from the field of complexity science.
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Consensus Building. In Negotiate : reaching agreements over water. Negotiate : reaching agreements over water. IUCN., 2010.
Water practitioners are increasingly called upon to negotiate workable agreements about how to best use, manage and care for water resources. NEGOTIATE makes the case for constructive engagement and cooperative forms of negotiation in dealing with complex water issues. It unpacks constructive approaches such as Multi-Stakeholder Platforms (MSPs) and consensus building, and finally focuses on the diversity of agreements which can be produced to regulate or encourage fairer and more effective water allocation and use.
This guide aims to provide practical tools for government officials, NGOs and local communities to create platforms for negotiations that are balanced and open, in order to arrive at collaborative action to improve water resources management.The book contains a brief overview of theory in this field, followed by practical tools and steps to change power relations. It describes how to analyse the issues and political play involved, convince colleagues and stakeholders, set up campaigns and advocacy, set in place participatory methods, enter negotiations, and move towards a multi-stakeholder platform for action.
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ESSEC Business School Interview, ESSEC Business School., 2010.
Interview of Lawrence Susskind, Ford Professor of Urban and Environmental Planning at the MIT, Keynote speaker during the Conference : "Organizations Change in response to Environmental Demands" held at ESSEC Business School on March 23, 2010
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An insight into how the OECD works with business, unions and civil society to make sure that global companies act responsibly wherever they operate around the world.
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Looking at Negotiation and Dispute Resolution through a CA/DA Lens. Negotiation Journal, 26(2), pp.163-166., 2010.
Negotiation analysts have increasingly focused on the internal decision-making dynamics in the minds of the parties. They ought to give more attention to the ways in which meaning is jointly constituted through sequences of verbal and nonverbal exchanges. The tools of conversation analysis (CA) and discourse analysis (DA) can be helpful in this regard.
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, 2010.
National Public Radio featured a story this week about growing opposition to renewable energy facilities, particularly wind power. Wind advocates were asked how they might overcome such local opposition -- dubbed the NIMBY syndrome -- in the future. The spokesperson said, "We've got to get in there earlier and educate people." Wrong! How arrogant! You think people are opposed because they don't understand? No, they're opposed because the "costs" and "impacts" ON THEM are likely to outweigh the likely benefits TO THEM. The only way to overcome the NIMBY syndrome, regardless of the type of facility, is to make sure that the overwhelming majority of people in the area believe that the benefits TO THEM if the facility is built will outweigh the costs and impacts THEY are likely to experience.
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Policy & Practice Responding to the Risks Posed by Climate Change: Cities Have No Choice But to Adapt. The Town Planning Review, 81(3), pp.217-235., 2010.
Cities, particularly those in coastal areas around the world, need to pay close attention to the risks posed by global warming and climate change. These risks are substantial, and the costs of not taking them into account are likely to be enormous. Planners should take the lead in preparing climate mitigation and adaptation plans, although these need to be approached somewhat differently from other planning assignments. Adaptation planning, in particular, should be viewed as a collective risk management task. As such, new tools for collaboration such as scenario planning, joint fact-finding and the use of role-play simulations to build public support in the face of high levels of uncertainty and complexity might be helpful.
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Winning Public Support for Addressing Climate Change. Solutions, 1(2), pp.44-48. Available at: https://www.thesolutionsjournal.com/article/winning-public-support-for-addressing-climate-change/., 2010.
State officials in Maryland realize that efforts to adapt to climate change require local support. They also understand that the uncertainty and complexity surrounding climate change make it hard for localities to reach agreement on what to do. Larry Susskind and Evan Paul of MIT worked with state officials to design a role-play simulation—that other states can now use— to help local leaders figure out how to manage climate change risks.
Year of Publication: 2009
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Built to Win: Creating a World Class Negotiating Organization, Harvard Business Review Press., 2009.
Companies that consistently negotiate more valuable agreements "in ways that protect key relationships" enjoy an important but often overlooked competitive advantage. Until now, most companies have sought to improve their negotiation outcomes by sending individuals to training workshops. Using real-world examples from leading companies, this book shows a more powerful and less expensive way to achieve this.
In Built to Win, authors Susskind and Movius argue that negotiation must be a strategic core competency. Drawing on their decades of training and consulting work, as well as a robust theory of negotiation, the authors provide a step-by-step model for building organizational competence. They show why the approach of "training and more training" is a weak strategy. They describe the organizational barriers that so often plague even experienced negotiators, and recommend ways of overcoming them. Built to Win explains the crucial role that leaders must play in setting goals, aligning incentives, pinpointing metrics, and supporting learning platforms to promote long-term success. A final chapter provides practical "how-to" tools to help you start your own organizational improvement process.
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Deliberative Democracy and Dispute Resolution. Ohio State Journal On Dispute Resolution, Vol. 24, Issue 3, 2009: 1-12., 24(3), pp.1-12., 2009.
Imagine the following: a small city of about 30,000 must decide whether to allow construction of a controversial industrial facility. The plant will generate sorely needed jobs and tax revenue, but it might also pose serious environmental and public-health risks. Under normal circumstances, the city council would require the developer to undertake a set of technical studies that city departments would review before a permit could be granted. Then, the city government (including several elected and/or appointed boards) might hold a hearing, and ultimately vote on whether to approve the project. Along the way, there might be a lot of letters to the editor of the local newspaper and even a referendum.
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Facilitate Participation: A Good Process Gets a Good Outcome, Group Eyrolles., 2009.
Every day in communities across America hundreds of committees, boards, church groups, and social clubs hold meetings where they spend their time engaged in shouting matches and acrimonious debate. Whether they are aware of it or not, the procedures that most such groups rely on to reach decisions were first laid out as Robert's Rules more than 150 years ago by an officer in the U.S. Army's Corps of Engineers. Its arcane rituals of parliamentary procedure and majority rule usually produce a victorious majority and a very dissatisfied minority that expects to raise its concerns, again, at the next possible meeting.
Breaking Robert's Rules clearly spells out how any group can work together effectively. After briefly explaining the problems created by Robert's Rules, the guide outlines the five key steps toward consensus building, and addresses the specific problems that often get in the way of a group's progress. Appendices include a basic one page "Handy Guide" that can be distributed at meetings and a case study demonstrating how the ideas presented in the book can also be applied in a corporate context.
Written in a non-technical and engaging style, and containing clear ideas and instructions that anyone can understand and use, this one-of-a-kind guide will prove an essential tool for any group desperate to find ways of making their meetings more effective. In addition, neighborhood associations, ad hoc committees, social clubs, and other informal groups lacking a clear hierarchy will find solid advice on how to move forward without resorting to "majority rules" or bickering over who will take leadership positions. Bound to become a classic, Breaking Robert's Rules will change the way you hold meetings forever, paving the way for efficiency, efficacy, and peaceful decision making.
French Language Edition
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Management of Difficult Decisions in the 21st Century: Secrets to Building Consensus or Making Decisions That Satisfy Everyone, Interregional Consulting Centre for Management and Politics., 2009.
Every day in communities across America hundreds of committees, boards, church groups, and social clubs hold meetings where they spend their time engaged in shouting matches and acrimonious debate. Whether they are aware of it or not, the procedures that most such groups rely on to reach decisions were first laid out as Robert's Rules more than 150 years ago by an officer in the U.S. Army's Corps of Engineers. Its arcane rituals of parliamentary procedure and majority rule usually produce a victorious majority and a very dissatisfied minority that expects to raise its concerns, again, at the next possible meeting.
Breaking Robert's Rules clearly spells out how any group can work together effectively. After briefly explaining the problems created by Robert's Rules, the guide outlines the five key steps toward consensus building, and addresses the specific problems that often get in the way of a group's progress. Appendices include a basic one page "Handy Guide" that can be distributed at meetings and a case study demonstrating how the ideas presented in the book can also be applied in a corporate context.
Written in a non-technical and engaging style, and containing clear ideas and instructions that anyone can understand and use, this one-of-a-kind guide will prove an essential tool for any group desperate to find ways of making their meetings more effective. In addition, neighborhood associations, ad hoc committees, social clubs, and other informal groups lacking a clear hierarchy will find solid advice on how to move forward without resorting to "majority rules" or bickering over who will take leadership positions. Bound to become a classic, Breaking Robert's Rules will change the way you hold meetings forever, paving the way for efficiency, efficacy, and peaceful decision making.
Russian Language Edition
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Multiparty Negotiation, SAGE Publications., 2009.
Multiparty negotiation is a rapidly developing but complex field whose literature is scattered across a broad range of disciplines and sources. This four-volume collection consolidates this knowledge by bringing together classic works and cutting-edge papers from law, international politics, organization studies and public administration.
Volume One: Multiparty Negotiation: An Introduction to Theory and Practice
Volume Two: Public Dispute Resolution
Volume Three: Organizational and Group Negotiations
Volume Four: Complex Legal Transactions and International Negotiations
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Negotiation Pedagogy Video Series, Part II. Negotiation Pedagogy Video Series. Available at: http://www.pon.harvard.edu/shop/negotiation-pedagogy-video-series-part-ii/., 2009.
An unscripted video showing an experienced negotiation professor teaching an executive education session through the running and debriefing of the Teflex Products role simulation, interspersed with instructor commentary
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The Environment and Environmentalism. In Local Planning: Contemporary Principles and Practice. Local Planning: Contemporary Principles and Practice. ICMA Press, pp. 74-80., 2009.
Local Planning is the all-new edition of the popular book, The Practice of Local Government Planning, which has been the valued resource for preparing for the AICP exam. This new edition helps the reader understand the complexities of planning at the local level, and prepare to make decisions in a challenging environment. The eight chapters in Local Planning, roughly spanning from context to applications, consists of articles written by a wide range of experts-academics, practitioners, clients, and observers of planning. Many examples of planning in action illustrate central principles.
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Twenty-five Years Ago and Twenty-five Years from Now: The Future of Public Dispute Resolution. Negotiation Journal, 25(4), pp.551-557., 2009.
Over the past twenty-five years, public dispute resolution has emerged as an important area of practice — linked, in part, to ongoing efforts to promote deliberative democracy. As the field has evolved, however, the market for public dispute mediators has shifted. It is already possible to glimpse the further shifts and the new intellectual challenges likely to face the public dispute resolution field over the next twenty-five years.
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Twenty-Five Years Ago and Twenty-Five Years from Now: The Future of Public Dispute Resolution. Negotiation Journal, 25(4)., 2009.
Over the past twenty-five years, public dispute resolution has emerged as an important area of practice — linked, in part, to ongoing efforts to promote deliberative democracy.As the field has evolved, however, the market for public dispute mediators has shifted. It is already possible to glimpse the further shifts and the new intellectual challenges likely to face the public dispute resolution field over the next twenty-five years.
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Five-person nonscorable mediation between an employee and his/her corporate employer regarding potentially conflicting values and interests around issues of homosexuality and religious faith
Year of Publication: 2008
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Addressing the Land Claims of Indigenous People, Massachusetts Institute of Technology Program on Human Rights and Justice., 2008.
Indigenous people have lived in the same locations for hundreds, if not thousands of years. The national governments involved either refuse to recognize the land claims of indigenous people or are only willing to settle claims in ways unacceptable to them. However, unless these claims are resolved in such a way that First Peoples gain control sufficient, at the very least, to maintain their language and culture, they will disappear. In this paper, we explore 14 cases of indigenous land claims, concentrating on the strategies that these First Nations have pursued and the responses they have received from the dominant cultures that surround them. Our goal is to understand the preconditions for effectively resolving the land claims of indigenous peoples around the world.
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Breaking Robert’s Rules: The New Way to Run Your Meeting, Build Consensus, and Get Results, Social Sciences Academic Press., 2008.
Every day in communities across America hundreds of committees, boards, church groups, and social clubs hold meetings where they spend their time engaged in shouting matches and acrimonious debate. Whether they are aware of it or not, the procedures that most such groups rely on to reach decisions were first laid out as Robert's Rules more than 150 years ago by an officer in the U.S. Army's Corps of Engineers. Its arcane rituals of parliamentary procedure and majority rule usually produce a victorious majority and a very dissatisfied minority that expects to raise its concerns, again, at the next possible meeting.
Breaking Robert's Rules clearly spells out how any group can work together effectively. After briefly explaining the problems created by Robert's Rules, the guide outlines the five key steps toward consensus building, and addresses the specific problems that often get in the way of a group's progress. Appendices include a basic one page "Handy Guide" that can be distributed at meetings and a case study demonstrating how the ideas presented in the book can also be applied in a corporate context.
Written in a non-technical and engaging style, and containing clear ideas and instructions that anyone can understand and use, this one-of-a-kind guide will prove an essential tool for any group desperate to find ways of making their meetings more effective. In addition, neighborhood associations, ad hoc committees, social clubs, and other informal groups lacking a clear hierarchy will find solid advice on how to move forward without resorting to "majority rules" or bickering over who will take leadership positions. Bound to become a classic, Breaking Robert's Rules will change the way you hold meetings forever, paving the way for efficiency, efficacy, and peaceful decision making.
Chinese Language Edition
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Connecting Theory and Practice. Negotiation Journal, 24(2), pp.201-209., 2008.
Social psychologist Kurt Lewin famously said, “There is nothing so practical as a good theory.” Too often, unfortunately, negotiation scholars and practitioners cannot agree on the meaning of good. Some academics look down their noses at what they regard as the limited and anecdotal knowledge of practitioners, while some practitioners think ivory-tower intellectuals quibble about abstractions or conduct toy experiments instead of grappling with the complex challenges of the real world. Many theoreticians and practitioners hold less extreme stances, of course, and a theory–practice gap might be the product not just of disrespect but methodological disputes, specialized and inaccessible professional languages, institutional distance, simple ignorance, or lack of opportunities for cross-pollination.
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Every day in communities across America hundreds of committees, boards, church groups, and social clubs hold meetings where they spend their time engaged in shouting matches and acrimonious debate. Whether they are aware of it or not, the procedures that most such groups rely on to reach decisions were first laid out as Robert's Rules more than 150 years ago by an officer in the U.S. Army's Corps of Engineers. Its arcane rituals of parliamentary procedure and majority rule usually produce a victorious majority and a very dissatisfied minority that expects to raise its concerns, again, at the next possible meeting.
Breaking Robert's Rules clearly spells out how any group can work together effectively. After briefly explaining the problems created by Robert's Rules, the guide outlines the five key steps toward consensus building, and addresses the specific problems that often get in the way of a group's progress. Appendices include a basic one page "Handy Guide" that can be distributed at meetings and a case study demonstrating how the ideas presented in the book can also be applied in a corporate context.
Written in a non-technical and engaging style, and containing clear ideas and instructions that anyone can understand and use, this one-of-a-kind guide will prove an essential tool for any group desperate to find ways of making their meetings more effective. In addition, neighborhood associations, ad hoc committees, social clubs, and other informal groups lacking a clear hierarchy will find solid advice on how to move forward without resorting to "majority rules" or bickering over who will take leadership positions. Bound to become a classic, Breaking Robert's Rules will change the way you hold meetings forever, paving the way for efficiency, efficacy, and peaceful decision making.
Japanese Language Edition
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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
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Strengthening the Global Environmental Treaty System. Issues in Science and Technology, 25(1). Available at: http://issues.org/25-1/susskind/., 2008.
Despite the huge media attention environmental treaties receive, the system of making and implementing them is barely functioning.
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Record numbers of Americans fear that our political process is broken―for good reason. Our nation faces unprecedented challenges, yet our politicians spend most of their energy attacking one another. All the while, no one in public life has offered a practical way to neutralize the bitter partisanship that paralyzes Washington.The Cure for Our Broken Political Process fills that void. The authors show exactly how concerned citizens can get politicians from all camps to negotiate genuine solutions to the most vexing issues. Sol Erdman and Lawrence Susskind base their case on their thirty years of experience in resolving political conflict.The Cure begins with hard evidence that our country could work out practical solutions to nearly every major issue that now divides us, solutions that all sides could support. Why, then, don’t our politicians seek out those solutions? The authors debunk all the accepted explanations and then uncover the real reason. By telling the story of a concerned citizen who runs for Congress, the book shows that two basic features of our elections virtually compel politicians to bicker endlessly over major problems. So, as long as our elections work as they do today, our lawmakers will keep on fighting, leaving the critical issues unresolved.The authors then spell out how to redesign elections so that politicians would win only if they produced useful results―only if they negotiated practical solutions to pressing problems. The book concludes with a step-by-step plan proving that ordinary citizens have the power to bring about these changes. To anyone who fears that our country’s future is in peril, The Cure offers a realistic path to a political process they can genuinely believe in.
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Transboundary Environmental Negotiations, Jossey-Bass., 2008.
Transboundary Environmental Negotiation is an important collection of articles generated by faculty and graduate students at MIT, the Fletcher School of Law and Diplomacy at Tufts University, and the Program on Negotiation at Harvard Law School. The contributors emphasize the ways in which global environmental treaty-making can be improved. They highlight new environmental problems that pose difficult global negotiation challenges and suggest new strategies for involving a range of nongovernmental actors in ways that can overcome the obstacles to transboundary environmentalism.
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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.
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When A Majority is Not Enough: A New Method of Collective Negotiation and Consensus Building, Fundação Getulio Vargas., 2008.
Every day in communities across America hundreds of committees, boards, church groups, and social clubs hold meetings where they spend their time engaged in shouting matches and acrimonious debate. Whether they are aware of it or not, the procedures that most such groups rely on to reach decisions were first laid out as Robert's Rules more than 150 years ago by an officer in the U.S. Army's Corps of Engineers. Its arcane rituals of parliamentary procedure and majority rule usually produce a victorious majority and a very dissatisfied minority that expects to raise its concerns, again, at the next possible meeting.
Breaking Robert's Rules clearly spells out how any group can work together effectively. After briefly explaining the problems created by Robert's Rules, the guide outlines the five key steps toward consensus building, and addresses the specific problems that often get in the way of a group's progress. Appendices include a basic one page "Handy Guide" that can be distributed at meetings and a case study demonstrating how the ideas presented in the book can also be applied in a corporate context.
Written in a non-technical and engaging style, and containing clear ideas and instructions that anyone can understand and use, this one-of-a-kind guide will prove an essential tool for any group desperate to find ways of making their meetings more effective. In addition, neighborhood associations, ad hoc committees, social clubs, and other informal groups lacking a clear hierarchy will find solid advice on how to move forward without resorting to "majority rules" or bickering over who will take leadership positions. Bound to become a classic, Breaking Robert's Rules will change the way you hold meetings forever, paving the way for efficiency, efficacy, and peaceful decision making.
Portuguese Language Edition
Year of Publication: 2007
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A Dialogue, Not A Diatribe Effective Integration of Science and Policy through Joint Fact Finding. Environment, 49, pp.20-34., 2007.
At a reception honoring his service as the chairman of the House Science Committee in November 2006, retiring Representative Sherwood Boehlert (R-NY) quipped that Washington “is a town where people say they are for science-based decisionmaking until the overwhelming scientific consensus leads to a politically inconvenient conclusion.”1 He added, “We should be guided by sound science. We shouldn’t have politics determining science.” While few in the scientific community or the public at large would disagree with this argument, a problem arises when parties involved in a dispute disagree on what science has found or on the very definition of “sound science.”
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The Committee to Assess Environmental Activities at MIT was chartered to recommend a way forward in coordinating and expanding the scope of environmental activities at the Institute. Currently, there is an impressive array of outstanding research and educational endeavors that span all schools, but lack of coordination results in low visibility and the perception of sub-critical mass, and at an institutional level MIT is not viewed as being among the leaders in this field. MIT’s commitment to the environment, and the related area of sustainability, must emphasize the integration of its research, practice, and teaching strengths across the Institute. The Committee recommends a shared vision to unite environmental studies: Creating a Sustainable Earth: An MIT Research, Teaching, and Public Service Initiative for Understanding, Restoring and Managing the Environment. This initiative will involve the breadth of MIT in understanding the environment and using this increased knowledge to design a sustainable future. Positioning this initiative for success will require a new organizational structure that must be at once “top down”, ensuring buy-in from the senior Administration, and “bottom up”, enabling faculty members to claim ownership. Environmental activities should be integrated to the extent possible with the Energy Initiative, to maximize intellectual synergies. By organizing optimally and expanding appropriately, MIT will greatly enhance its ability to provide a breadth of balanced scientific, technical, economic and policy analyses on issues relating the environment and sustainability and their relationship to energy
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Five Important Themes in the Special Issue on Planning for Water. Journal of the American Planning Association, 73(2)., 2007.
Half the world’s population now lives in urban areas, and the trend toward greater urbanization shows no signs of abating. Among the many diffi- culties facing planners seeking to accommodate continued development, finding adequate water supplies will be among the most critical. As Jerry Anthony points out in his paper in this issue, one in five people in the developing world does not have access to safe drinking water, and efforts at planning for water over the last three decades have not improved that desperate condition. There are reliable estimates that more than a billion people get water for drinking, washing, and cooking from sources polluted by human and animal feces. We are unable to provide adequate water for drinking, sanitation, or agriculture for four to five billion people, yet within a few decades the world’s population will double or triple. Global climate change will likely have its most serious impacts on precipitation patterns, reducing water in many parts of the world.
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Integrating Scientific Information, Stakeholder Interests, and Political Concerns in Resource and Environmental Planning and Management. In Integrated Resource and Environmental Management: Concepts and Practice. Integrated Resource and Environmental Management: Concepts and Practice. Oxford University Press., 2007.
The aim of this volume is to provide a coherent set of chapters that address major issues in resource and environmental management. The book has a North American focus with significant, but not exclusive Canadian Content. 'Integration' is the organizing theme of the volume. Integration as a concept (meaning variously integration across disciplines, across agencies, and across sectors) has been a key theme in the policy and management rhetoric of virtually every agency in North America and abroad for more than 30 years. As one of the dominant themes of the discipline, integration has been addressed both as a component and as the main focus of a variety of texts for this course. However, there is nothing on the market at the moment that is both up-to-date and North American in approach.
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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.
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Keynote Address: Consensus Building, Public Dispute Resolution, and Social Justice. Fordham Urban Law Journal, 35(1), pp.185-203. Available at: http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2280&context=ulj., 2007.
These remarks were prepared for and delivered at the Second Annual Fordham University School of Law Dispute Resolution Society Symposium on October 12, 2007. The Address discusses how democracy, public dispute resolution, and social justice fit together. The speaker opens with an example of a small city making a decision about a large industrial development project from the perspective of a traditional model and a consensus-oriented model. He then addresses three major problems with the first: (i) the majority rule problem; (ii) the representation problem; and (iii) the adversarial format problem. The speaker goes on to advocate for the consensusbuilding model, followed by a Question and Answer session.
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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.
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Techniques for Resolving Coastal Resource Management Disputes Through Negotiation. Journal of the American Planning Association, 51(3)., 2007.
Traditional approaches to resolving coastal resource management disputes in the United States often produce less-than-optimal outcomes. Nonadjudicatory approaches such as policy dialogues and mediation can be more effective. This article presents four case studies of such approaches that have proven successful in resolving coastal resource management disputes in Massachusetts, California, and Oregon. These approaches emphasize consensus-building, are based on face-to- face discussions between contending stakeholders, and include important roles for planners as negotiators and mediators. The article describes four barriers to more widespread use of less adversarial forms of dispute resolution and suggests ways of overcoming those barriers.
Year of Publication: 2006
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Association of Collegiate Schools of Planning Distinguished Educator Award –Acceptance Speech. Journal of Planning Education and Research, 25(3), pp.329-330., 2006.
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Breaking Robert’s Rules, Oxford University Press., 2006.
Every day in communities across America hundreds of committees, boards, church groups, and social clubs hold meetings where they spend their time engaged in shouting matches and acrimonious debate. Whether they are aware of it or not, the procedures that most such groups rely on to reach decisions were first laid out as Robert's Rules more than 150 years ago by an officer in the U.S. Army's Corps of Engineers. Its arcane rituals of parliamentary procedure and majority rule usually produce a victorious majority and a very dissatisfied minority that expects to raise its concerns, again, at the next possible meeting.
Breaking Robert's Rules clearly spells out how any group can work together effectively. After briefly explaining the problems created by Robert's Rules, the guide outlines the five key steps toward consensus building, and addresses the specific problems that often get in the way of a group's progress. Appendices include a basic one page "Handy Guide" that can be distributed at meetings and a case study demonstrating how the ideas presented in the book can also be applied in a corporate context.
Written in a non-technical and engaging style, and containing clear ideas and instructions that anyone can understand and use, this one-of-a-kind guide will prove an essential tool for any group desperate to find ways of making their meetings more effective. In addition, neighborhood associations, ad hoc committees, social clubs, and other informal groups lacking a clear hierarchy will find solid advice on how to move forward without resorting to "majority rules" or bickering over who will take leadership positions. Bound to become a classic, Breaking Robert's Rules will change the way you hold meetings forever, paving the way for efficiency, efficacy, and peaceful decision making.
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Breaking Robert’s Rules: Consensus-Building Techniques for Group Decision Making. Negotiation Journal, 22(3), pp.351-355., 2006.
I am a member of a traditional religious community. Like most communities of faith, mine has secular bylaws that govern its operation. And just like any not-for-profit organization, the thirty-year-old bylaws of the congregation to which I belong call for the election of officers, an annual members' meeting, and the appointment of numerous committees. In many respects, the approach to decision making mandated by our bylaws follows the model of a New England town meeting. That is, there is a chair (our elected president), a parliamentarian (selected by the chair), and a requirement that we adhere to Robert's Rules of Order in deciding who speaks, what the speaker is allowed to say, and how members can vote.
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Can Public Policy Dispute Resolution Meet the Challenges Set by Deliberative Democracy?. Dispute Resolution Magazine, 12(2), pp.5-6., 2006.
Public policy dispute resolution (PPDR) practitioners are a special lot. Unlike dispute resolution specialists who get involved in disputes between private parties, PPDR practitioners work on the most politically charged issues of the day... Many political philosophers... advocate something called deliberative democracy that gives new meaning to PPDR practitioners, for it suggests that what they are doing is nothing less than deepening and broadening our commitment to the fundamental tenets of democracy itself.
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Deliberative Democracy Meets Dispute Resolution Reflections and Insights from the 2005 Workshop on Deliberative Democracy and Dispute Resolution, Cambridge, Massachusetts. Available at: http://www.pon.harvard.edu/shop/deliberative-democracy-meets-dispute-resolution-reflections-and-insights-from-the-2005-workshop-on-deliberative-democracy-and-dispute-resolution-cambridge-massachusetts/., 2006.
Highlights of dialogue from a two-day workshop on deliberative democracy and dispute resolution approaches to civic engagement
Year of Publication: 2005
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Arguing, Bargaining and Getting Agreement. In Oxford Handbook of Public Policy. Oxford Handbook of Public Policy. Oxford University Press., 2005.
Public policy is the business end of political science. It is where theory meets practice in the pursuit of the public good. Political scientists approach public policy in myriad ways. Some approach the policy process descriptively, asking how the need for public intervention comes to be perceived, a policy response formulated, enacted, implemented, and, all too often, subverted, perverted, altered, or abandoned. Others approach public policy more prescriptively, offering politically-informed suggestions for how normatively valued goals can and should be pursued, either through particular policies or through alternative processes for making policy. Some offer their advice from the Olympian heights of detached academic observers, others as 'engaged scholars' cum advocates, while still others seek to instill more reflective attitudes among policy practitioners themselves toward their own practices. The Oxford Handbook of Public Policy mines all these traditions, using an innovative structure that responds to the very latest scholarship. Its chapters touch upon institutional and historical sources and analytical methods, how policy is made, how it is evaluated and how it is constrained. In these ways, the Handbook shows how the combined wisdom of political science as a whole can be brought to bear on political attempts to improve the human condition.
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Two-team, six-party, four-issue negotiation between representatives of two corporations setting up a simultaneous high-tech joint venture and purchasing agreement.
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Consensus Building and ADR: Why They Are Not the Same Thing!. In Jossey-Bass., 2005.
This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.
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Improvisation and Mediation: Balancing Acts. Negotiation Journal, 21(4). Available at: http://onlinelibrary.wiley.com/doi/10.1111/j.1571-9979.2005.00075.x/epdf., 2005.
Improvisation can be an important element of mediation practice,and there are several ways in which mediation practice correlates to improvisational performance.In this article,two mediation experts and two skilled jazz musicians explore the improvisational aspects of mediation.Two central themes emerge:(1) mediators often use impro-visational techniques,and (2) by being improvisational,mediators can create environments that would encourage the parties themselves
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Religious and Ideological Dimensions of the Israeli Settlements Issue: Reframing the Narrative?. Negotiation Journal, 21(2), pp.177-191., 2005.
Whether or not it will be possible to relocate settlers from the “territories” depends not just on the willingness of the relevant Israeli officials to authorize evacuation of some or all of the West Bank and Gaza given the violence it may cause, but especially on the thinking and the changing attitudes of the settlers themselves. Only by understanding the views of the current settlers — their motivations, their beliefs, and the differences among them — will it be possible to formulate a sensible relocation strategy. That was the focus of the conference's first panel.
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Risk perception, risk communication, and stakeholder involvement for biosolids management and research. The Journal of Environmental Quality, 34(1)., 2005.
An individual's perception of risk develops from his or her values, beliefs, and experiences. Social scientists have identified factors that affect perceptions of risk, such as whether the risk is knowable (uncertainty), voluntary (can the individual control exposure?), and equitable (how fairly is the risk distributed?). There are measurable differences in how technical experts and citizen stakeholders define and assess risk. Citizen knowledge and technical expertise are both relevant to assessing risk; thus, the 2002 National Research Council panel on biosolids recommended stakeholder involvement in biosolids risk assessments. A survey in 2002 identified some of the factors that influence an individual's perception of the risks involved in a neighbor's use of biosolids. Risk communication was developed to address the gap between experts and the public in knowledge of technical topics. Biosolids management and research may benefit from applications of current risk communication theory that emphasizes (i) two-way communications (dialogue); (ii) that the public has useful knowledge and concerns that need to be acknowledged; and (iii) that what may matter most is the credibility of the purveyor of information and the levels of trustworthiness, fairness, and respect that he or she (or the organization) demonstrates, which can require cultural change. Initial experiences in applying the dialogue and cultural change stages of risk communication theory--as well as consensus-building and joint fact-finding--to biosolids research suggest that future research outcomes can be made more useful to decision-makers and more credible to the broader public. Sharing control of the research process with diverse stakeholders can make research more focused, relevant, and widely understood.
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, 2005.
Two-party, two-issue, integrative, scoreable negotiation over the terms of a telecommunications services contract.
Year of Publication: 2004
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Expanding the Ethical Obligations of the Mediator: Mediator Accountability to Parties Not at the Table. In What's Fair: Ethics for Negotiators. What's Fair: Ethics for Negotiators. Jossey-Bass., 2004.
What's Fair is a landmark collection that focuses exclusively on the crucial topic of ethics in negotiation. Edited by Carrie J. Menkel-Meadow and Michael Wheeler, What's Fair contains contributions from some of the best-known practitioners and scholars in the field including Roger Fisher, Howard Raiffa, and Deborah Kolb. The editors and distinguished contributors offer an examination of why ethics matter individually and socially, and explain the essential duties and values of negotiation beyond formal legal requirements. Throughout the book, these experts tackle difficult questions such as:
What do we owe our counterparts (if anything) in the way of candor or disclosure?
To what extent should we use financial or legal pressure to force settlement?
Should we worry about whether an agreement is fair to all the parties, or the effects our negotiated agreements might have on others?
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Expert views on sustainability and technology implementation. International Journal of Sustainable Development & World Ecology, 11(3), pp.247 - 261. Available at: https://www.tandfonline.com/doi/full/10.1080/13504500409469829https://www.tandfonline.com/doi/pdf/10.1080/13504500409469829., 2004.
Twenty-one senior researchers were interviewed about their conception of sustainability and implementation in projects linked to the Alliance of Global Sustainability, a joint project of MIT (Boston), ETH (Zurich and Lausanne), UT (Tokyo), and Chalmers (Gothenburg). We identified five complementary views on sustainability: i) science is sustainable per se, ii) sustainability is an ethical relationship with the past and future, iii) sustainability is the maintenance of a system within functional limits, iv) eco-efficiency, and v) sustainability is a form of ongoing inquiry. In total, the concept of ethical relationship was the most dominant, whereas science per se and eco-efficiency were less used. Natural, engineering and social scientists referred differently to these concepts in their research projects. Most of the researchers regarded implementation as the process of interacting with stakeholder groups. The relationship between knowledge and action is considered central to views on implementation. Three different concepts and habits could be identified with respect to the relationship between knowledge and action: a) action, I act to change the world; b) interaction, I exchange information with my environment through my actions; and c) transaction or mutual learning, I change as a result of my effort to bring about change in the world.
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Making Regional Policy Dialogues Work: A Credo for Metro-Scale Consensus Building. Temple Environmental Law & Technology Journal, 12(2). Available at: http://www.lexisnexis.com/hottopics/lnacademic/?verb=sr&csi=270077&sr=cite%2822%20Temp.%20Envtl.%20L.%20&%20Tech.%20J.%20123%29., 2004.
How can metropolitan areas address the complexities of development that transcend the capabilities of individual local governments, especially when building consensus on initiatives that cross political boundaries is so difficult? The history of efforts to address metropolitan growth in terms of ensuring housing affordability, open-space preservation and timely investment in infrastructure shows that no single entity or level of government can adequately address such issues on its own. In addition, even when regional and metropolitan governments, created specifically for this purpose, try to impose "regional solutions" they are likely to meet fierce municipal resistance. Instead, what is required are collaborative efforts to generate tailored solutions that involve all relevant decision-makers and stakeholders.
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Ten Propositions Regarding Critical Moments in Negotiation. Negotiation Journal, 20(2), pp.339 - 340. Available at: https://doi.org/10.1111/j.1571-9979.2004.00026.x., 2004.
Year of Publication: 2003
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This exercise is a six-party simulation of multiparty negotiations in a bankruptcy (reorganization) and mass torts context. The simulation represents a version of such negotiations which take place in the shadow of the Bankruptcy Code, with roles, interests and issues that have been stylized for educational purposes. In this exercise, a genetically-modified food producer has been sued by multiple consumers of its food products and is forced to file for bankruptcy protection in order to automatically stay (i.e., suspend) the flood of tort (i.e., personal injury) claims brought against the company, as well as those claims of the company’s secured and unsecured creditors.
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Mediating Land Use Disputes in the United States: Pros and Cons. Environments: a Journal of Interdisciplinary Studies, Special Issue on Collaborative Planning and Sustainable Resource Management: The North American Experience, 31(2), pp.39-58., 2003.
This report is one in a series of policy focus reports published by the Lincoln Institute of Land Policy to address timely public policy issues relating to land use, property taxation and the value of land. Each report is designed to bridge the gap between theory and practice by combining research, case studies and personal experiences from scholars in a variety of academic disciplines and from professional practitioners, local officials and citizens in different types of communities.
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Multistakeholder Dialogue at the Global Scale. International Negotiation Journal, 8(2), pp.235-266., 2003.
Multistakeholder Dialogues (MSDs) are being used as part of many international policy-making efforts. Official and unofficial representatives are being brought together to build relationships, set agendas for future official and unofficial dialogues, and even to generate packages of proposals or recommendations. The authors describe the key challenges that face prospective MSD designers, including: finding the right participants, managing with extremely limited financial resources, providing effective meeting facilitation, and integrating the work of MSDs into existing institutional activities and structures. While there are examples of successful MSDs that contribute to official policymaking, too many multistakeholder dialogues founder because the participants are inadequately prepared, the processes are managed ineffectively, and expectations are unrealistic.
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Using Dispute Resolution Techniques to Address Environmental Justice Concerns: Case Studies, Cambridge, MA: Consensus Building Institute. Available at: https://www.epa.gov/sites/production/files/2015-09/documents/case-study-report_adr_in_ej.pdf., 2003.
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What Do We Know about Training World Class Negotiators?. In The Change Champion's Field Guide: Strategies and Tools for Leading Change in Your Organization. The Change Champion's Field Guide: Strategies and Tools for Leading Change in Your Organization. Wiley., 2003.
Nearly a decade later, leading change pioneers in the field have realigned to bring you the second edition of the Change Champion's Fieldguide.
This thoroughly revised and updated edition of the Change Champion's Field Guide is filled with the information, tools, and strategies needed to implement a best practice change or leadership development initiative where everyone wins. In forty-five chapters, the guide's contributors, widely acknowledged as the "change champions" and leaders in the fields of organizational change and leadership development, explore the competencies and practices that define an effective change leader. Change Champions such as Harrison Owen, Edgar Schein, Marv Weisbord, Sandra Janoff, Mary Eggers, William Rothwell, Dave Ulrich, Marshall Goldsmith, Judith Katz, Peter Koestenbaum, Dick Axelrod, David Cooperrider, and scores of others provide their sage advice, practical applications, and examples of change methods that work.
Year of Publication: 2002
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Building Consensus: Dealing with Controversial Land Use Issues & Disputes. Planning Commissioners Journal, (48), pp.16-19., 2002.
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Expert Views on Sustainability and Technology Implementation . Natural and Social Science Interface (UNS)., 2002.
Twenty-one senior faculty members and researchers were interviewed about their con-ception of sustainability and their understanding of implementation in projects linked to theAlliance of Global Sustainability, a joint project of MIT (Boston), ETH (Zurich and Lausanne), UT(Tokyo), and Chalmers (Gothenburg).
We identified five complementary views on sustainability, i.e. i) science is sustainable per se , ii) sustainability is an ethical relationship with the past and future , iii ) sustainability is themaintenance of a system within functional limits , iv ) eco-efficiency , v ) sustainability is a form of ongoing inquiry . In total, the conception of ethical relationship was the most dominant concep-tion whereas science per se and eco-efficiency were less used. Researchers with a natural sciencebackground raised more aspects of sustainability and more emphasized limit management Eco-efficiency is important for professors with a social science but not for those with a natural sci-ence background.
Most of the researchers regarded implementation as the process whereby their workcomes into contact with social groups and processes and where concerns about taking actionand social technology change became prominent. The interviewed researchers considered suc-cessful implementation to be linked to value change, efficient information policy, institutionalaction but not regulations and supposed technology implementation to creates new alloca-tions, i.e. winners and losers.
The relationship between knowledge and action is considered central in views on imple-mentation. Three different conceptions and habits could be identified with respect to this rela-tionship, i.e. a) action: I act to change the world ; b) interaction, I exchange information with my environment through my actions , c) transaction or mutual learning. I change as a result of my effort to bring about change in the word.
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Overcoming the Barriers to Environmental Dispute Resolution in Canada. Canadian Bar Review, 81, pp.396-430., 2002.
Year of Publication: 2001
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, 2001.
Environmental policy studies commissioned by government agencies or other stakeholders can play a vital role in environmental decisionmaking; they provide much-needed insight into policy options and specific recommendations for action. But the results of even the most rigorous studies are frequently misappropriated or misunderstood and are as likely to confuse an issue as they are to clarify it.
Better Environmental Policy Studies explores this problem, as it considers the shortcomings of current approaches to policy studies and presents a pragmatic new approach to the subject. Reviewing five cases that are widely regarded as the most effective policy studies to have been conducted in the United States in the last few decades, the authors present a comprehensive guide to the concepts and methods required for conducting effective policy studies. The book:
- describes and explains the conventional approach to policy studies and its shortcoming
- presents the history, impacts, and common elements of five successful policy studies
- offers an in-depth look at the different tools and techniques of policy analysis
- extends the concepts and principles of successful policy studies to their potential uses in the international arena
Better Environmental Policy Studies presents a practical, battle-tested approach to overcoming the obstacles to formulating effective environmental policy. It is an invaluable resource for students and faculty in departments of environmental studies, public policy and administration, and planning, as well as for professional policy analysts and others involved with making decisions and mediating disputes over environmental issues.
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Could Florida Election Dispute Have Been Mediated? Yes: Mediation would have produced a much more legitimate outcome. Dispute Resolution Magazine, 8(1). Available at: http://heinonline.org/HOL/Page?handle=hein.journals/disput8&id=1&collection=journals&index=., 2001.
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Every day in communities across America hundreds of committees, boards, church groups, and social clubs hold meetings where they spend their time engaged in shouting matches and acrimonious debate. Whether they are aware of it or not, the procedures that most such groups rely on to reach decisions were first laid out as Robert's Rules more than 150 years ago by an officer in the U.S. Army's Corps of Engineers. Its arcane rituals of parliamentary procedure and majority rule usually produce a victorious majority and a very dissatisfied minority that expects to raise its concerns, again, at the next possible meeting.
Breaking Robert's Rules clearly spells out how any group can work together effectively. After briefly explaining the problems created by Robert's Rules, the guide outlines the five key steps toward consensus building, and addresses the specific problems that often get in the way of a group's progress. Appendices include a basic one page "Handy Guide" that can be distributed at meetings and a case study demonstrating how the ideas presented in the book can also be applied in a corporate context.
Written in a non-technical and engaging style, and containing clear ideas and instructions that anyone can understand and use, this one-of-a-kind guide will prove an essential tool for any group desperate to find ways of making their meetings more effective. In addition, neighborhood associations, ad hoc committees, social clubs, and other informal groups lacking a clear hierarchy will find solid advice on how to move forward without resorting to "majority rules" or bickering over who will take leadership positions. Bound to become a classic, Breaking Robert's Rules will change the way you hold meetings forever, paving the way for efficiency, efficacy, and peaceful decision making.
Italian Language Edition
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A facilitated multi-party negotiation among government officials regarding the design of a foreign direct investment strategy that balances economic, societal, and environmental concerns
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Super-Optimization: A New Approach to National Environmental Policymaking. In Handbook of Public Policy Evaluation. Handbook of Public Policy Evaluation. SAGE Publications., 2001.
Handbook of Public Policy Evaluation is the only book of its kind to present aspects of public policy evaluation that relate to economic, technology, social, political, international, and legal problems. Rather than looking at specific narrowly focused programs, this book emphasizes broad-based evaluation theory, study, and application, providing a rich variety of exceptional insights and ideas.
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The Secondary Effects of Environmental Justice Litigation: The Case of West Dallas Coalition for Environmental Justice v. EPA. Virginia Environmental Law Journal, 20, pp.431-477. Available at: http://www.velj.org/the-secondary-effects-of-environmental-justice-litigation.html., 2001.
This case study seeks to explain why environmental justice organizations pursue legal remedies even when pursuit of legal claims continually fails to meet primary organizational objectives. We rely on analytic narrative, the modeling of processes that explain outcomes through the building of complex stories, for our explanation of this phenomenon. Specifically, this research traces the use of a litigation strategy used by the West Dallas Coalition for Environmental Justice, identifying “the actors, the decision points they faced, the choices they made, the paths taken and shunned, and the manner in which their choices generated events and outcomes.” Previous accounts of environmental justice litigation, focusing primarily on legal outcomes, have painted a sobering picture. In reference to the predominant legal strategy of the day, one commentator concluded that “[b]y 1998 no one had yet succeeded in bringing, and winning, a substantive Title VI environmental justice case in court.” Yet, litigation remains a strategy of choice for many environmental justice groups.
Year of Publication: 2000
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Conducting Conflict Assessments in the Land Use Context A Manual, Consensus Building Institute., 2000.
Land use disputes are a special class of public dispute. Compared to other public disputes—such as social policy conflicts or budget battles—land use disputes bring more parties to the table with fewer pre-established understandings about how their disagreements ought to be resolved. Land use conflicts also require greater attention to scientific and technical considerations, involve longer-term (even intergenerational) impacts, and can, if mishandled, extinguish property rights that have existed for centuries or result in the destruction of irreplaceable ecological resources.
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, 2000.
An exploration of the role of "good offices" providers in long-standing, complex conflicts
Year of Publication: 1999
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"Improving" Project XL: Helping Adaptive Management to Work within EPA. UCLA Journal of Environmental Law & Policy, 17(2). Available at: https://www.questia.com/library/journal/1G1-59450407/improving-project-xl-helping-adaptive-management., 1999.
Since 1995, the U.S. Environmental Protection Agency has struggled to implement an experiment in regulatory reinvention it calls Project XL ("Excellence in Leadership"). In doing so, EPA is experimenting with regulatory reform based on the theory of "adaptive management", a theory that can conflict with EPA's "command and control" enforcement philosophy.(1) Project XL attempts to implement an adaptive management approach by planning "experiments" and monitoring their results for lessons that can be used to guide reform of regulatory systems. Proponents hope to encourage the private sector to collaborate with EPA to plan, run and monitor experiments in environmental compliance, rethink regulation and apply new technologies. To date, this has not occurred to the extent that XL's designers had hoped.
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, 1999.
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.
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, 1999.
Dealing With an Angry Public: The Mutual Gains Approach to Resolving Disputes 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 breat 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.
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Seven-person, non-scoreable, facilitated negotiation among planners, regulators and activists regarding the cleanup and redevelopment of environmentally contaminated property
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When business leaders, government officials, and other stakeholders come to the table in an environmental, health, or safety dispute, acrimony often results, leading to expensive and time-consuming litigation. Not only does this waste precious resources, but rarely does the process produce the best outcome for any of the parties involved.
For the past five years, the authors of this volume have conducted semi-annual seminars at the Massachussetts Institute of Technology and at Harvard to provide business leaders and regulators with the knowledge and skills they need to more effectively handle environmental, health, and safety negotiations. Their strategy, known as the "mutual gains approach," is a proven method of producing fairer, more efficient, more stable, and wiser results. Negotiating Environmental Agreements provides the first comprehensive introduction to this widely practiced and highly effective approach to environmental regulation.
The book begins with an overview of the mutual gains approach, introducing important concepts and ideas from negotiation theory as well as the theory and practice of mediation. The authors then offer five model negotiations from their MIT-Harvard Public Disputes seminar, followed by a series of real-world negotiated environmental agreements that illustrate the kinds of outcomes possible when the mutual gains approach is employed. A collection of writings by leading experts provide valuable insights into the process, and appendixes offer both instructions for conducting model negotiation sessions and analysis of actual game results from earlier seminars.
This is the only prescriptive text available for the many regulatees and regulators involved in environmental regulatory negotiations each year. Anyone involved with environmental negotiation -- including corporate and public sector managers, students of environmental policy, environmental management, and business management -- will find the book an essential resource.
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Negotiating onBehalf of Others explores current negotiation theory, providing a framework for understanding the complexity of negotiating for others.
Negotiation agents are broadly defined to include legislators, diplomats, salepersons, lawyers, committe chairs -- in fact anyone who represents others in negotiation.
Leading figures in the field examine the following areas in depth: labour-management relations; international diplomacy; sports agents; legislative process; and agency law
The book concludes with suggestions for future research and specific advice for practitioners.
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Seven-person, multi-issue mediation among business, planning, environmental, and agricultural interests regarding growth management and comprehensive planning
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The Consensus Building Handbook: A Comprehensive Guide to Reaching Agreement, SAGE Publications., 1999.
This handbook on group decision-making for those wanting to operate in a consensus fashion stresses the advantages of informal, common sense approaches to working together. It describes how any group can put these approaches into practice, and relates numerous examples of situations in which such approaches have been applied.
Year of Publication: 1998
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Six-party negotiation among business, municipal, and environmental representatives regarding a potential ban on billboard advertising
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Five-party multi-issue negotiation among foundation, community, and medical board members of a new health foundation to set community health funding priorities and strategies for community engagement
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Two-party, two-issue integrative negotiation between representatives of a construction company and a Native American group regarding allocation of construction jobs
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Environment and Sustainability Negotiation Role-Play: Puerto Mauricio Development Conflict Simulation – Parts I & II Multiple stakeholders must engage in a debate about land use and measure any agreement against the rules of an inter-governmental committe. Available at: http://www.pon.harvard.edu/shop/puerto-mauricio-development-conflict-simulation-parts-i-and-ii/., 1998.
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)
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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"
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, 1998.
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.
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, 1998.
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
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The Risks and the Advantages of Agency Discretion: Evidence from EPA's Project XL. UCLA Journal of Environmental Law and Policy, 17(1). Available at: http://escholarship.org/uc/item/7kq9z96w., 1998.
Criticism of the administrative state seems to have increased exponentially over the past two decades, particularly with regard to environmental regulation. Many commentators assert that the "command and control" approach to enforcement is now anachronistic. Further, it has been characterized as "ossified", likely to discourage innovation, a disincentive to continuous environmental improvement, economically inefficient, a violation of free market principles, and undemocratic.
Year of Publication: 1996
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Six-person facilitated integrative negotiation among advocates for homeless people, community and business leaders, and a foundation regarding the allocation of a grant to alleviate local homelessness problems
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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
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Two-team, ten-person, multi-issue, co-chaired negotiation between representatives of two adjacent countries regarding the transboundary management of a severe water shortage crisis
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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
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Managing Urban Sustainability: an Introduction to the Special Issue. Environmental Impact Assessment Review, 16(4). Available at: http://www.sciencedirect.com/science/journal/01959255/16., 1996.
The impact of cities on the environment increasingly dominates the debate on sustainability. Most global and regional environmental problems originate in cities. Cities concentrate increasing numbers of people and human activities; thus, they import increasing amounts of natural resources and export vast quantities of emissions and waste. Urbanization also entails major changes in the way people use natural resources. While it accelerates the transition from traditional to modern fuels, it also intensifies the use of energy and its environmental impacts. Indeed, a nation's levels of energy use and greenhouse emissions are both positively correlated with its urbanization level (Jones 1991; Hosier et al. 1993; Parikh and Shukla 1995). On the other hand, cities provide major opportunities to achieve economies of scale and use natural resources more efficiently. Compact urban settlements, for example, are generally more energy efficient than dispersed ones(Owens 1986; Newman and Kenworthy 1989, 1990; Lowe 1991; Gilbert1992). Thus, the way cities are designed and managed can be crucial to sustainability.
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Parallel informal negotiation: A new kind of international dialogue. Negotiation Journal, 12(1)., 1996.
Bargaining in the international arena is intrinsically positional. Negotiators are often instructed by their governments not to improvise or explore new options when they meet with their counterparts—even though the invention of additional tradeoffs or packages might well produce “better” results for all sides. This article describes an approach that we call “parallel informal negotiation” which encourages a collaborative effort between contending groups that were officially not even allowed to interact: international trade and environment policy makers.
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With the Cold War won, the economy strong, and democracy triumphant, the United States should be enjoying the taste of victory and the fruits of peace. Instead, we are politically demoralized. No matter how important an issue Congress confronts, it produces, at best, showpiece legislation of dubious merit. More often, opposing sides simpy lock horns and nothing is resolved.
Despite a rising tide of anti-incumbency, threats of term limits and an unending barrage of public blame, little is destined to improve on Capitol Hill. The structure of Congress, not just its membership, is unequal to its task. No matter who is in power, negative election campaigns, deceptive platforms, voters driven by frustration, and opposition for opposition's sake will determine national policy. Congress as now structured cannot represent who we are as a nation, what we need or the best within us.
The United States has adjusted to a changing world many times with great success. The time for major change has again arrived. Reinventing Congress for the 21st Century shows how conflicts between national priorities could be soundly managed at the core of our political system. Based on the work of the MIT-Harvard Public Disputes Program, the book's inquiry parallels models adopted by the most successful American enterprises. Disturbing in its analysis and hopeful in the possibilities it envisions, Reinventing Congress offers achievable blueprint - a responsible legislature chosen by a responsible citizenry.
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Risk and Justice: Rethinking the Concept of Compensation. The Annals of the American Academy of Political and Social Science, 545. Available at: http://www.jstor.org/stable/1047902., 1996.
In recent years, environmental justice advocates have made a convincing claim that risky facilities have been disproportionately clustered in poor communities and communities of color. NIMBYism (not in my backyard) has spread from predominantly white, affluent suburbs to poorer communities of color. In this article, we propose a means of addressing environmental inequities and breaking the siting impasse. We think that poor communities of color might use the proposed siting of risky facilities as a basis for negotiating substantial improvements in the well-being of their communities. We propose to embed siting negotiations in the preparation of broader development packages, jointly created with citizens of poor neighborhoods and communities of color, so that health risks are reduced, the environment is improved, and all residents are better off. As far as justice is concerned, the perceived fairness of the process by which risks are communicated and selected, and risk management strategies are devised, is as important as the actual allocation of risk.
Year of Publication: 1995
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Six-party task force negotiation regarding the application of environmental policy to the operation of an incinerator in a racially diverse community
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Congress can win respect, legislate better, by learning about consensus from business. Alternatives to the High Cost of Litigation, 13(11)., 1995.
Congressional leaders could resolve the most divisive national issues by taking a lesson about consensus from the business world they so admire. To remain competitive most businesses find they cannot afford internal strife. Neither can Congress. Public opinion of the institution is as low as it was before the 1994 election. If Congress doesn’t deal with pressing issues it now faces legislators of both parties will hurt their reelection prospects
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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.
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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"
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How industry can avoid escalating battles with regulators and public interest groups. Alternative to the High Cost of Litigation, 13(10)., 1995.
Year of Publication: 1994
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Environmental Diplomacy: Negotiating More Effective Global Agreements, Oxford University Press., 1994.
Solutions to environmental problems require international cooperation, but global environmental treaty-making efforts, including the 1992 U.N.-sponsored Earth Summit in Brazil, have not accomplished much. International cooperation has been hampered by the conflicts between the developed nations of the North and the developing nations of the South; by the fact that science cannot accurately predict when or how environmental threats will materialize; and by the problem that the United Nations treaty-making system was never meant to handle threats to the environment.
Lawrence Susskind looks at the weaknesses of the existing system of environmental treaty-making and the increasing role of non-governmental interests in environmental diplomacy. Environmental Diplomacy argues for "nearly self-enforcing" agreements that ensure compliance without threatening sovereignty and maintains that new institutional arrangements are within reach. Susskind builds on the work of the Program on Negotiation at the Harvard Law School and the International Environmental Negotiation Network to offer guidelines for more effective global agreements that provide for sustainable development.
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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
Year of Publication: 1993
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Five-party, four-issue internal negotiation among employees of a major engine manufacturer to agree on procurement guidelines in preparation for external negotiations with suppliers
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Six-person, four-issue negotiation between three representatives of an industrial manufacturer and three representatives of its primary client over restructuring of an existing purchase agreement
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Five-party, four-issue negotiation among managers at an aircraft engine company with the goal of improving quality and operations processes
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Six-person, five-issue negotiation between three industrial factory representatives and three environmental agency representatives over environmental and economic concerns in the wake of damaging negative publicity for both parties
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, 1993.
Six-party, four-issue negotiation among representatives of several international aircraft companies over the terms of a potential long-term partnership
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When ADR Becomes the Law: A Review of Federal Practice. Negotiation Journal, 9(1)., 1993.
During the past decade, support for ADR--alternative dispute resolution--in the federal government has grown with surprising speed, culminating in the 1990 enactment of two federal laws that endorse a whole new approach to the way federal agencies resolve disputes.
Year of Publication: 1992
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This case study is one segment in the second phase of a project,initiated by the U.S. Army Corps of Engineers in 1986, to document how AlternativeDispute Resolution (ADR) can be used by Corps District offices to minimize the enormous costsassociatedwith disputes that arise between CorpsDistrictoffices and private corporations. By publishing and distributingpamphlets about different types of ADR processes as well as about past cases in which ADR has been used successfully, the Corps' Office of ChiefCounsel has been encouraging its use since 1984.
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, 1992.
This case study is one segment in the secondphase of a project,initiated by the U.S. Army Corps of Engineers in 1986, to document how Alternative Dispute Resolution(ADR) can be used by Corps District offices to minimize the enormouscosts associated with disputes that arise between Corps District offices and privatecorporations. By publishing and distributing pamphlets about different types of ADR processes as well as about past cases in whichADR has been used successfully, the Corps' Office of Chief Counsel has been encouraging its use since 1984.
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Six-player negotiation with a mediator role.
Year of Publication: 1991
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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
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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
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Dealing With An Angry Public. The Maine Policy Review, 1(1). Available at: http://digitalcommons.library.umaine.edu/mpr/vol1/iss1/3/., 1991.
Building regionally necessary but locally noxious facilities such as power plants, landfills, waste incinerators and prisons has become increasingly difficult. David Laws and Lawrence Susskind discuss some of the traditional steps involved, including needs assessment, choice of technology, site selection, assessing and mitigating impacts, and management. They provide an alternative approach to facility siting that includes, among other things, seeking consensus, working to develop trust, setting realistic timetables, getting agreement that the status quo is unacceptable, choosing a design that best addresses the problem, and fully compensating for negative aspects of the facility.
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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
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Three-party, short, scoreable negotiation among representatives of three organizations over the integrative and distributive aspects of a possible 2- or 3-party coalition
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Five-party, multi-issue negotiation among representatives of a pharmaceutical company, a medical drug manufacturer, and three consumer organizations over the delayed release of a new drug
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Implementing a Mutual Gains Approach to Collective Bargaining. Negotiation Journal, 7(1)., 1991.
Despite the ever-growing literature on the subject, collaborative negotiation techniques are still regarded with suspicion--or simply remain untried--in most traditional collective bargaining situations. In the United States and many other western nations, the rules of the game in labor management negotiations are as well established and predictable as a minuet: present a set of demands far in excess of what you actually want, then bargain down item-by-item; never share information with the other side; threaten job actions, walkouts, and strikes; "poor mouth" the other side and threaten layoffs; etc.
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Preparing the Next Generation of Planners. The American Planning Association Journal, Winter , 57(1)., 1991.
It is highly appropriate that some of the finest minds in the planning field-Raymond Vernon, William Alonso, Anthony Downs, and Peter Hall-should be invited to honor Lloyd Rodwin with discussions of national and international forces shaping cities of the future. Few individuals have done more to bring an international perspective to urban and regional planning than Lloyd Rod- win. He created MIT’s Special Program in Urban and Regional Studies (SPURS), which continues to provide a model for cross-cultural collaboration in planning. He pioneered in focusing on the tricky problems of designing new cities to open up lagging regions or channel urban growth. He embarked upon path-breaking comparative studies of both national urbanization policies and explo- rations of de-industrialization in various parts of the world.
Year of Publication: 1990
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A Negotiation Credo for Controversial Siting Disputes. Negotiation Journal, 6(4)., 1990.
Prisons, half-way houses, AIDS hospices, solid and hazardous waste treatment plants, landfills, housing for low-income families, power plants, transmission lines, sewage treatment facilities--all are "Locally Unwanted Land Uses" (LULUs) in somebody's eyes.
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Affordable Housing Mediation: Building Consensus for Regional Agreements in the Hartford and Greater Bridgeport Areas, Lincoln Inst of Land Policy., 1990.
This report presents two case studies and a handbook on the process of overcoming political obstacles to build a consensus for affordable housing. In spite of greater public awareness about the need for affordable housing, local officials, citizens, and developers can learn about the difficulties of implementing new housing in their communities and the benefits of various mediation techniques to meet those challenges.
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An Assessment of Negotiation and Collaborative Problem Solving at the Environmental Defense Fund (EDF) and the Natural Resources Defense Council (NRDC), William and Flora Hewlett Foundation., 1990.
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Energy Strategy: Road Map to Consensus, Board of Directors of the American Energy Assurance Council on the Substance and Process of the National Energy Consensus Experiment., 1990.
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Five-party, four-issue negotiation among representatives for a financially struggling hospital's administrators, doctors, and nurses over budget priorities and expanded application of the managed medical model.
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Year of Publication: 1989
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, 1989.
On April 6-10, 1988, BechtelNational Inc. (Bechtel) andthe U. S. Army Corps of Engineers(Corps), Omaha District, used a mini-trial to settle a complexseries of claimsfor $3.7 million. The caseconsisted of seven separateclaims, including those of majorsubcontractors, totalling, at the time of the mini-trial, $21.2 millionincluding interest*.Originally filed in the fall of 1986,the claims arose from modifications and impactsdue to incompletedesign plans for construction of theConsolidated SpaceOperations Center (CSOC) in Colorado.
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, 1989.
Drawing on his experience in the MIT-Harvard Public Disputes Program, a leading mediator and his co-author provide the first jargon-free guide to consensual strategies for resolving public disputes—indispensable to citizen activists and to business and government leaders.
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Four Important Changes in the American Approach to Environmental Regulation. In Economy & Ecology: Towards Sustainable Development. Economy & Ecology: Towards Sustainable Development. Springer., 1989.
After a period of relative silence, recent years have been marked by an upswing of interest in environmental issues. The publication of the report of the World Commission on Environment and Development on 'Our Common Future' (1987) has acted as a catalyst for a revival of the environmental awareness, not only regarding local and daily pollution problems, but also -and in particular- regarding global environmental decay and threats to a sustainable development. In a recent study by W.M. Stigliani et al., on 'Future Environments for Europe' (Executive Rep~rt 15, IIASA, Laxenburg, 1989) the environmental implications of various alternative socioeconomic development pathways with respect to eleven environmental issues that could become major problems in the future are analysed. These issues include: Managing water resources in an era of climate change. Acidification of soils and lakes in Europe. Long-term forestry management and the possibility of a future shortfall in wood supply. Areas of Europe marginalized by mainstream economic and agricultural development. Sea level rise. Chemical pollution of coastal waters. Toxic materials buildup and the potential for chemical time bombs. Non-point-source emissions of potentially toxic substances. Transportation growth versus air quality. Decreasing multi-functionally of land owing to urban and suburban land development. Increasing summer demand for electricity, and the impact on air quality.
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, 1989.
The following two studies describe and analyze the same case: The Phoenix-GoodyearAirport (PGA.) Superfund Site.A mini-trial was used to resolve the relative responsibility of PotentiallyResponsible Parties (PRP's): theDepartment of Defense (DOD) andGoodyear Ti-e and RubberCompany. The case could prove to be an important illustration of how ADR generally and the mini-trial specifically could apply to Superfund clean-ups.
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Highly complex multi-party, multi-issue negotiation among political, industry, environmental, and consumer leaders and lobbyists to develop a detailed proposal to reduce U.S. vulnerability to changes in energy prices and supply
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The Incineration Conflict: Addressing Public Concerns. Environmental Impact Assessment Review, 9(3)., 1989.
Local concerns about the health and environmental effects of proposed incinerators have made it difficult to site such facilities. Litigation has stalemated the implementation of many new incinerators throughout the United States. While further research on the actual health and environmental effects of air emissions and ash residue from various kinds of incineration is important, it is unlikely that any group will be able to win an incinerator battle because it musters new scientific evidence.
Year of Publication: 1988
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Three- or four-party consultation by one or two human resources representatives to manage an affirmative action complaint by an employee against his supervisor
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Two-team, multi-issue collective bargaining contract negotiation between three union representatives and three management representatives for a telephone company; includes an internal team meeting before external negotiations
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Two-team, multi-issue collective bargaining contract negotiation between three union representatives and three management representatives for a major airline; includes an internal team meeting before external negotiations
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Five-person, multi-issue, facilitated negotiation among four managers and a Human Resources facilitator over the design of the company's new account system
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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.
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Seven-person, four-issue mediation among three Israeli water authority and regional representatives and three Palestinian water authority and political representatives over plans to drill a new well on the West Bank.
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Negotiating Better Superfund Settlements: Recommendations for the Future. Environmental Impact Assessment Review, 8(2)., 1988.
Amendments in 1986 to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), reflect lessons learned and problems encountered in the first 5 years of Superfund operations, including changes in the way settlements and negotiations operate. Elements of the 1986 amendments favoring settlement including provisions for sharing information about a site with potentially responsible parties (PRPs), developing allocation guidelines, responding to PRP settlement offers, and preferring releases in the form of covenants not to sue. However, other changes may make the Environmental Protection Agency's (EPA) negotiating task more difficult by allowing the agency less discretion both at the EPA headquarters and at regional levels. As written, the amendments provide the EPA with more detailed guidance and requirements not only with respect to the standards to be met by cleanup but with respect to the methods to achieve those standards as well. In addition, more players, including the states and members of the public, have a role in cleanup decisions under the amendments.
Year of Publication: 1987
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Two-party, single-issue distributive negotiation between principals regarding a potential real estate sale
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Eight-party, five-issue negotiation among community, environmental, business, and government interests over the formulation of a statewide hazardous waste siting policy
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Five-party negotiation among representatives of pharmacists, physicians, nurses, and administrators to develop recommended changes to the drug prescription policy of a large metropolitan teaching hospital
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A set of three simulations developed for and used in training court probation officers in negotiation techniques.
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Mediating conflict over dioxin risks of resource recycling: Lessons from a flawed process. Environmental Impact Assessment Review, 7., 1987.
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Mediating development disputes: Some barriers and bridges to successful negotiation. Environmental Impact Assessment Review, 7(2)., 1987.
Negotiation in real estate development situations involves a diverse set of actors, from city officials and bankers to community groups and contractors. While many negotiations reach a successful conclusion, it is not unusual for difficulties to arise which can impose costly delays.
The Center for Real Estate Development at MIT asked members of the Public Disputes Program (PDP) at Harvard Law School to prepare a briefing for members of the real estate community reviewing common negotiation problems, particularly those related to mediation, faced by developers and to suggest strategies for dealing with these problems. Part of this briefing paper suggested some general rules about when and how to use mediated negotiation. In addition, it outlines the pitfalls associated with the mediation approach.
Mediation is not a panacea. Some development disputes are, for all practical purposes, impossible to resolve through face-to-face negotiation, even with a mediator. Such disputes are likely to end up in court. However, we do think that litigation can be avoided much more often than it is now. Moreover, we believe that mediation can produce agreements that all the parties involved will consider to be fairer, more efficient, wiser, and more durable.
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Negotiating Better Development Agreements. Negotiation Journal, 3(1)., 1987.
Some American cities demand that developers pay "linkage feeg' (some- times cared exactions) over-and-above required property- taxes. Presumably, these are meant to cover short-term costs and "social impacts" that exceed the development's expected tax pay- ments. The level of linkage payments in each city is determined either through case-by-case negotiations (as in Boston) or by the application of a formula that assumes an average charge per square foot (as in San Francisco). My aim in this column is to review the strengths and weaknesses of these two approaches, then describe still another approach that I think will produce superior negotiated development agreements.
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Three-person, integrative, facilitated negotiation with two department heads and a Human Resources observer/facilitator regarding the possible transfer of an employee from one department to the other
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Public perceptions and scientific uncertainty: The management of risky decisions. Environmental Impact Assessment Review, 7(1)., 1987.
As part of an overall program of managing uncertainty in environmental decision making, the Ministry of the Environment of The Netherlands commissioned Environmental Resources Limited (ERL), based in London, to undertake a detailed study of highly publicized but scientifically controversial decisions. The objective was to determine how such decisions may be better managed. Through the examination of 18 selected cases. ERL investigators developed a clear profile of what they termed risky decisions, and identified determining their acceptability as government policies. Combining lessons from the case studies with a detailed survey of management approaches and decision-making techniques, ERL devised a strategy for handling risky decisions more effectively. The Dutch government is now planning a series of risky decision workshops for senior officials, scientists, and policy advisors.
Year of Publication: 1986
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A sharper focus: Defining the common issues in dispute resolution. Environmental Impact Assessment Review, 6(1)., 1986.
What was once the profession of labor mediation and arbitration and the field of industrial relations is now the profession of dispute settlement and the field of conflict resolution. Labor relations and industrial relations are alive and well, but the profession and the field of which they are a part have expanded into a great many other areas, such as environmental dispute resolution
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Nine-party, multi-issue contract negotiation among three coalitions involved in the building trades; includes internal coalition meetings before the external negotiations
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Evaluating Dispute Resolution Experiments. Negotiation Journal, 2(2)., 1986.
We need to do a better job of documenting and evaluating the dispute resolution experiments currently underway.
All too often, documentation and evaluation are nothing more than an afterthought -- the focus of attention only when it is too late to record what actually happened. Typically, evaluation consists of less-than-critical reflections by the participants, intervenors, or funders with the most at stake. And, even when documentation and evaluation are handled by independent observers, such efforts tend to be framed according to the observers' interests, and not with reference to overarching questions at the frontier of theory-building in' the dispute resolution field. These are formidable obstacles to improving practice.
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Two-party intra-organization negotiation between a company's financial and human resources officers regarding the amount of a budget increase.
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Improving Negotiation in the Regulatory Process. Electr. Perspect., 1986.
It is just as important to adopt the wisest possible regulations when government intervention is necessary as to reduce the level of government involvement. The focus of government intervention should be on balancing public and private interests. Current administrative processes are time consuming and expensive, often leading to extended court battles because of their adversarial nature. The adversarial process encourages the parties to discredit each other's scientific or technical evidence, which can lead to politically expedient but technically or economically unsound decisions. The author cites three demonstrations which will illustrate the merits of the negotiated approach to resolving those regulatory conflicts which deal with the distribution of gains and losses.
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Six-person negotiation among hospital administration and employee representatives to reach consensus on budget cuts in three departments.
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NIDR’s State Office of Mediation Experiment. Negotiation Journal, 2(4)., 1986.
The National Institute of Dispute Resolution (NIDR) is currently providing multi-year matching grants to five experimental state offices of mediation. At a recent meeting hi Washington, D.C., the directors of these offices and key state government officials exchanged ideas and reviewed recent activities and future plans. The session was extremely encouraging--thus far, it looks as if the state office idea is working.
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Six-party, multi-issue, facilitated negotiation of a dispute over environmental issues, native rights, and commercial development interests in Hawaii
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Squaring off at the Table, Not in Courts. Technology Review, 89(5). Available at: http://files.technologyreview.com/magazine-archive/1986/MIT-Technology-Review-1986-07-sample.pdf., 1986.
Year of Publication: 1985
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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.
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Two-party negotiation or mediation between church and neighborhood representatives over the possible use of church facilities for services for the mentally challenged.
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Six-party, multi-issue contract negotiation between management and union members of a publishing firm
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Court-Appointed Masters as Mediators. Negotiation Journal, 1(4)., 1985.
Judges often appoint special masters to help with complex cases. In many of the desegregation cases of the 1970s, for example, special masters were assigned to oversee the development and implementation of court-ordered busing plans. In bankruptcy proceedings, special masters serve as court-appointed executors to preside over the liquidation of holdings. Judges have also appointed special masters to serve as "receivers" of public agencies and to oversee implementation of consent decrees involving reforms at prisons and mental institutions.
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Two-party, multi-issue, scoreable negotiation between a manufacturer and a state environmental agency to reach a settlement over the manufacturer's pollution of a local river
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Five-person, multi-issue facilitated negotiation among industry, environmental, labor, and government representatives to develop single-text regulation of toxic industrial by-product.
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Six-party, four-issue negotiation among representatives of consumer groups, political leaders, and public utilities to develop a statewide energy assistance plan for low-income residents.
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Mediating Public Disputes. Negotiation Journal, 1(1)., 1985.
The legislative process is too primitive to take account of the scientific and technical intricacies of various public policy choices, too easily manipulated by party members, and not especially well suited to reconciling (as opposed to papering over) conflicting values. The administrative processes of government are susceptible to manipulation by those in power, often without any attention to the merits of competing claims.
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Mediating Public Disputes: A Response to the Skeptics. Negotiation Journal, 1(2)., 1985.
There are more than 75 well-documented cases of successful dispute resolution in the public sector (and a great many more that are less well-documented). The evidence attesting to the merits of non-adjudicatory approaches to dispute resolution is mounting rapidly
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Mediating Public Disputes: Obstacles and Possibilities. Journal of Social Issues, 41(2)., 1985.
Mediated negotiation has recently been used to supplement traditional methods of resolving complex public resource allocation disputes in the United States. Although many of these efforts have apparently been successful, procedural concerns have been raised by a number of analysts. In this paper, we focus on five of these concerns: (1) problems of representation, (2) the difficulties of setting an appropriate agenda, (3) obstacles to joint fact finding, (4) difficulties of binding parties to their commitments, and (5) obstacles to monitoring and enforcing negotiated agreements. Our discussion builds on three cases: a negotiated investment strategy undertaken by the state of Connecticut; a dispute over the siting of a low-income housing project in Forest Hills, New York; and an environmental dispute involving energy production facilities along the Hudson River. These experiences indicate that the difficulties associated with mediation can be overcome with the application of innovative techniques, and the assistance of a skillful and astute mediator.
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Mediating Science-Intensive Policy Disputes. Journal of Policy Analysis and Management, 5(1)., 1985.
Public policy disputes involving comp1e.x scientific issues usually entail conflicts not only over those scientific issues but also over the distribution o gains and losses. The presence o scientific or technical dimensions to a dispute should not be allowed to mask underlying distributional considerations. On the other hand science-intensive disputes require special attention. Merely resolving distributional conflicts without and potentially dangerous results. The usual adversarial approach that characterizes the handling o such disputes by agencies and courts is less than ideal or creating an understanding o scientific evidence or the resolution o scientific differences. A process o mediation already applied in a number o significant cases offers strong promise as a superior approach.
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Eight-person, multi-issue mediation among regional government, environmental, development, and business interests regarding environmental and economic tradeoffs and ethical issues in the development of a manufacturing plant
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Two-party, two-issue scoreable negotiation between a developer and a neighborhood association representative regarding the development terms of a new condominium project
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, 1985.
Six-party, three-issue negotiation among a landowner and representatives of an engineering firm, U.S. Army Corps of Engineers, town council, and environmental interests over cost and timing of removal of an unauthorized extension of property into a river
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Six-party, six-issue, scoreable negotiation among representatives of tribal, state, federal, recreation, and business interests over fishing rights in a large lake
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Scorable Games: A Better Way to Teach Negotiation?. Negotiation Journal, 1(3)., 1985.
In duplicate contract bridge, several teams of players at different tables receive identical hands of cards, bid, and then play. Possible outcomes of each game vary considerably since, even though the teams are playing the same hands, they may devise bidcling strategies that are more or less effective than those developed by their counterparts at other tables.
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Techniques for Resolving Coastal Resource Management Disputes Through Negotiation. The Journal of the American Planning Association, 51(3)., 1985.
Traditional approaches to resolving coastal resource management disputes in the United States often produce less-than-optimal outcomes. Nonadjudicatory approaches such as policy dialogues and mediation can be more effective. This article presents four case studies of such approaches that have proven successful in resolving coastal resource management disputes in Massachusetts, California, and Oregon. These approaches emphasize consensus-building, are based on face to face discussions between contending stakeholders, and include important roles for planners as negotiators and mediators. The article describes four barriers to more widespread use of less adversarial forms of dispute resolution and suggests ways of overcoming those barriers.
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The Siting Puzzle: Balancing Economic and Environmental Gains and Losses. Environmental Impact Assessment Review, 5(2)., 1985.
Traditional approaches to the siting of potentially hazardous but regionally necessary facilities are often ineffective and lead to drawn-out legal disputes ultimately satisfactory to none of the parties. Research at MIT over the last decade has indicated five factors that may solve the siting puzzle. Application of these principles do not guarantee that a decision will not be disputed but may enhance the possibility of a wise and durable agreement.
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The Theory and Practice of Negotiated Rulemaking. Yale Journal on Regulation, 3(1). Available at: http://digitalcommons.law.yale.edu/yjreg/vol3/iss1/5/., 1985.
Scholars, government officials, and practitioners have expressed concern over the weaknesses of the federal rulemaking process and the time it often takes to promulgate rules. Given the many instances in which rules have been challenged in court, both the process of rulemaking and the regulations produced seem to have lost legitimacy in the eyes of many regulatees.
Year of Publication: 1984
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A Home in that Rock: Sheltering the Relocated Population. In Counterfeit Ark: Crisis Relocation for Nuclear War . Counterfeit Ark: Crisis Relocation for Nuclear War . Ballinger Pub Co., 1984.
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Six-party, multi-issue, scoreable negotiation among representatives of a port developer, labor union, environmental coalition, other regional ports, governor's office, and department of coastal resources over a proposal to build a new deep-water port
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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.
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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.
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Mediated Negotiation in the Public Sector: The Planner as Mediator. Journal of Planning Education and Research, 4(1)., 1984.
Resource allocation decisions in the public sector are typically made by legislative and administrative bodies. All too often, these methods of decision making fail to produce wise and efficient responses to conflicting needs and interests and courts are asked to review or to overturn these decisions Recent experiments with medi ated negotiation — face-to-face negotiation involving teams representing key stake- holding interests and an impartial mediator — indicate that it might be possi ble to supplement traditional resource allo cation processes in a manner likely to yield an informed consensus Three cases have been selected to illustrate the procedures and opportunities involved
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New Approaches to Resolving Disputes in the Public Sector. The Justice System Journal, 9(2). Available at: http://www.jstor.org/stable/20877742., 1984.
Traditional administrative, legislative and judicial processes often fail to resolve public sector disputes effectively. This article examines mediated negotiation as one of several possible "alternative dispute resolution" processes. Based on reflections on past mediation efforts, the authors propose a list of generic steps to guide future efforts. In addition, they examine six special process innovations applied in a recent public sector negotiation in Malden, Massachusetts. The authors identify the potential advantages and disadvantages of each innovation, and conclude by describing the types of public sector disputes in which mediated negotiation and the process innovations might be most useful.
Year of Publication: 1983
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Mediated Negotiation in the Public Sector: Mediator Accountability and the Public Interest Problem. American Behavioral Scientist, 27(12)., 1983.
Three case studies of mediated negotiation in the public sector are summarized. Special attention is given to the roles played by the mediators in these cases, the difficulties of ensuring adequate representation of all stakeholders, and the problems of protecting the “public interest.” Criteria for evaluating mediated negotiation as a supplement to traditional legislative, administrative, and judicial means of resolving resource allocation disputes are offered. The techniques of labor mediation and mediation in international disputes are compared to see which are more appropriate for use in public sector resource allocation disputes.
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Negotiation: Behavioral Perspectives. American Behavioral Scientist, 27(2)., 1983.
Dealing with the topic of negotiation, this issue discusses experimental social psychological studies on negotiating behavior, the ways that power is used in negotiation, consequences and considerations involved in choosing a negotiating strategy, mediation, the cognitive constraints to negotiation, and similarities and differences between negotiation in public and private sectors.
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Review of case studies of citizen involvement in local government decision-making in Europe and what the United States might learn from the European experience.
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Proposition 2 1/2: Its Impact on Massachusetts, Lincoln Inst of Land Policy., 1983.
Findings from a multi-year interdisciplinary effort to track the impacts of Massachusetts’ tax limitation law.
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Resolving Environmental Regulatory Disputes, Schenkman Publishers., 1983.
Case studies of environmental regulatory disputes that suggest possible reforms in law and administration, particularly proposals for negotiated rulemaking.
Year of Publication: 1982
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IRBs and the Regulation of Social Science Research. In Human Subjects Research: A Handbook for Institutional Review Boards. Human Subjects Research: A Handbook for Institutional Review Boards. Springer US., 1982.
For an increasing number of hospitals and universities the institutional review board (lRB) has become a way of life. Spurred into existence by public outcries about the unethical nature of certain modern scientific experiments, the IRB represents the most visible evidence of institutional commitment to ethical review of clinical research. However, this exponential growth of IRB activities has not occurred without growing pains. Like the Environmental Protection Agency, IRBs have had to develop procedures and standards without a clear consensus as to what would be optimal for science and society. Each IRB has perforce devised its own modus operandi, subject to general principles and guidelines laid down by others but still relatively free to stipulate the details of its functioning. Thus one can applaud the general idea as well as the overall performance of IRBs without asserting that the millenium has arrived. The composition, philosophy, efficiency, responsibilities, and powers of IRBs remain topics suit able for debate. It is still possible (and appropriate) for IRB members to worry both about the propriety of their decisions and the personal costs of their service.
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Restoring the credibility and enhancing the usefulness of the EIA process. Environmental Impact Assessment Review, 3(1)., 1982.
Five years ago, in the second issue of the EIA Review, I suggested that it was time to shift our attention from impact assessment to strategies for resolving environmental disputes. In Iris state-of-the-art summary in that same October 1978 issue, David O'Connor reviewed the first twenty environmental mediation efforts in the United States and concluded that "mediation by neutral parties has played a significant role in resolving a number of important and controversial environmental disputes."
Year of Publication: 1981
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, 1981.
Much of the preparation of this book has been generously supported by the Lincoln Institute of Land Policy, Cambridge, Massachusetts. It evolved from a colloquium held in October 1977, under the sponsorship of the Lincoln Institute. The three-day symposium entitled "Land Policy: Making the Value Choices" involved the preparation of major papers and formal discussions, most of which appear here in considerably revised form, along with additional pieces commis sioned later. The colloquium was an idea jointly conceived by myself and Edward Wood, a colleague at the time in the Tufts University Program in Urban Social and Environmental Policy. We were concerned about two major limitations in the literature and debates over land use. On the one hand, there was little explicit recognition of the latent values that motivated land use policy. On the other, there was no common forum where people from the different land use fields could discuss the issues and learn from one another. A small group of about two dozen people was invited to the colloquium. Each member was a leading spokesman for a different perspective and area of expertise. All participated formally in some fashion. All the papers were written expressly for the col loquium, with the exception of Ann Strong's, which was a keynote address to the American Society of Planning Officials earlier in the year. None of the papers has been published elsewhere.
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Environmental mediation and the accountability problem. Vermont Law Review, 6(1). Available at: http://heinonline.org/HOL/Page?handle=hein.journals/vlr6&g_sent=1&collection=journals&id=7., 1981.
Environmental mediation is being practiced in many parts of the United States. Although still sparse, mediation experience is accumulating rapidly. Strong professional and interpersonal networks are aiding the rapid development of the field.3 Consensus building" and conflict management techniques dominate the environmental dispute resolution field, but formal mediation is employed in a growing number of instances.
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Learning from Citizen Participation and Citizen Action in Western Europe. The Journal of Applied Behavioral Science, 17(4)., 1981.
For participation advocates, citizen involvement in government decision making is synonymous with:(1) democratization of resource allocation choices,(2) decentralization of service systems management,(3) deprofessionalization of bureaucratic judgments that affect the lives of residents, and (4) dmystification of design and investment decisions (Alinsky, 1946; Illich, 1970; Kotier, 1969).
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The Importance of Nonobjective Judgments in Environmental Impact Assessments. Environmental Impact Assessment Review, 2(4)., 1981.
The practice of environmental impact assessment (EIA) is shaped in large part by the values and beliefs of the professionals involved. Values-or nonobjective personal judgments of merit or worth influence the choices made at all junctures of an impact assessment. Personal or nonobjective considerations affect outcomes more than is usually recognized.
Year of Publication: 1980
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Public Participation and Consumer Sovereignty in an Era of Cutback Planning. In New Directions for the Mature Metropolis : Policies and Strategies for Change. New Directions for the Mature Metropolis : Policies and Strategies for Change. Schenkman Publishing Company., 1980.
The essays in this volume evolved from two conferences, both of which focused on issues relating to managing urban decline, the first titled "Alternate Futures for Older Metropolitan Regions" held at Youngstown State University and the University of Akron in May, 1978, and the second titled "Managing Mature Cities" held at the Cincinnati Convention Center in June, 1978; the authors offer several perspectives on the aging of older metropolitan regions, suggesting that aging need not be synonymous with decline and that slow-growth or no-growth offers opportunities for improving the quality of life for city residents.
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The Dangers of Preemptive Legislation: The Case of LNG Facility Siting in California. Environmental Impact Assessment Review, 1(1)., 1980.
In 1977, when the accumulation of well-intentioned regulations made it difficult to site a liquified natural gas (LNG) facility in California, the legislature, with the full support of Governor Edmund G. Brown, Jr., passed a law, Senate Bill 1081 (Chapter 855, Statutes of 1977), that said, in effect, "not withstanding any previously enacted legislation or regulatory requirements, California will designate an LNG terminal site within a year." The state's attempt to preempt local regulatory authority, to say nothing of the legislature's willingness to circumvent its own facility siting, coastal protection, and environmental impact assessment laws, seems to leave failed. This case study describes the circumstances leading up to the enactment of S.B. 1081 and analyzes tile dangers associated with preemptive legislation. Had California confronted the real weaknesses in its energy facility siting process, the state could have identified positive steps that" would have accelerated site ~selection without triggering the staunch opposition that now threatens indefinite delay.
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Towards a Theory of Environmental Dispute Resolution. Boston College Environmental Affairs Law Review, 9(2). Available at: http://lawdigitalcommons.bc.edu/ealr/vol9/iss2/4., 1980.
Almost every effort to protect or enhance environmental quality is perceived as a challenge, at least at the outset, by groups or individuals whose economic self-interest-or political beliefs-are threatened. 1 Similarly, almost every attempt to promote economic development or technological innovation is viewed as a potential insult to the quality of the natural environment or a threat to the delicate "ecological balance" upon which we all depend.2 Environmental and developmental interests, if the shorthand is permissible, are locked in a fierce and widening battle.
Year of Publication: 1979
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The Dynamics of Growth Policy Formulation and Implementation: a Massachusetts Case Study. Law and Contemporary Problems, 43(2)., 1979.
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Urban and Community Impacts Analysis of the General Revenue Sharing Problem. hilT Urban and Community Impacts Series, (4)., 1979.
Year of Publication: 1978
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Comprehensive Planning: A State-of-the-Art Review of Concepts, Methods and the Problems of Building Local Capacity. In Housing for all under law : new directions in housing, land use, and planning law / a report by the American Bar Association Advisory Commission on Housing and Urban Growth. Housing for all under law : new directions in housing, land use, and planning law / a report by the American Bar Association Advisory Commission on Housing and Urban Growth. Department of Housing and Urban Development., 1978.
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Resolving Environmental Disputes: Approaches to Intervention, Negotiation and Conflict Resolution, Mit Laboratory of Architecture and Planning., 1978.
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Should State Government Mandate Local Planning?. Planning, 44(7)., 1978.
Year of Publication: 1977
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Managing the Social and Economic Impacts of Energy Development: Strategies for Facility Siting and Compensating Impacted Communities and Individuals. Working Papers from the MIT Energy Impacts Project, 10., 1977.
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The Obstacles to Regional Resource Recovery: A Massachusetts Case Study, Laboratory of Architecture and Planning, Massachusetts Institute of Technology., 1977.
While state policy in Massachusetts favors regional action, there is evidence to suggest that the current level of state intervention and the difficulties municipalities have assessing the relative merits of alternative solid waste disposal technologies make it difficult to carry regional negotiations to a successful conclusion. Much of the difficulty surrounding efforts to implement regional resource recovery appears to stem from the failure to generate an adequate bargaining process in which (1) all the parties to the dispute are involved in the negotiations; (2) the impacts of alternative sites and technologies are adequately specified; and (3) procedures are adopted for fairly compensating the individuals and communities affected adversely. The efforts of a group of cities and towns in northeastern Massachusetts to implement a regional resource recovery plan is instructive on all these points. Strategies for overcoming existing barriers to regionalization are discussed.
Year of Publication: 1976
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Citizen Involvement in the Local Planning Process: A Handbook for Municipal Officials and Citizen Involvement Groups, MIT Laboratory of Architecture and Planning., 1976.
Year of Publication: 1975
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Approaches to Strengthening Planning and Management Capabilities at the State and Local Levels. In American Society of Planning Officials., 1975.
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The Logic of Planning Practice: A New Focus for the Teaching of Planning Theory. Papers on Planning Education and Research, Association of Collegiate Schools of Planning, 5., 1975.
Year of Publication: 1974
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Planning for New Towns, The Gap between Theory and Practice. Sociological Inquiry, 43(3-4)., 1974.
Infeuential members of the urban planning profession have developed certain ideas about new town design, including notions such as self-containment, social balance, and the neighborhood unit. These parallel, to some extent, concepts that have emerged from the field of community sociology. Eforts to put these idem into practice have fallen far short of the murk. Without more sophisticated implementation mechanisms, better theories of social interaction at the neighborhood level, and new approaches to citizen participation, eforts to build new towns are likely to remain severely crippled. The aim of this paper is to summarize past efforts to translate implicit theories of social organization into actual new town ah signs. The possibilities of closing the gap between theory and practice through the use of more explicit forms of social experimentation are discussed in the context of the fledgling new towns program in the United States.
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Planning for the future of Rockport: an analysis community needs and recommendation for action, Citizens for Rockport, Rockport, Massachusetts with the assistance of Urban Studies and Planning, MIT. Available at: https://archive.org/details/planningforfutur00mass., 1974.
This report documents the consequences of rapid and unplanned growth and is intended to help design more effective recommendations for shaping new development, and to involve as many people as possible in the formulation of an overall growth strategy for the town of Rockport, Massachusetts; focuses on housing, land use, tourism, town finances, environmental management issues, etc.; includes aerial views; this item was in the BRA collection
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Revenue Sharing and the Lessons of the New Federalism. Urban Law Annual, 8., 1974.
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The Future of the Planning Profession. In Planning in America: Learning from Turbulence. Planning in America: Learning from Turbulence. American Planning Association., 1974.
Year of Publication: 1973
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Land Use Issues Suggested by a National Growth Strategy, Washington D.C.: National Science Foundation., 1973.
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Planning for New Towns: The Gap Between Theory and Practice. Sociological Inquiry, 43(3-4)., 1973.
Influential members of the urban planning profession have developed certain ideas about new town design, including notions such as self-containment, social balance, and the neighborhood unit. These parallel, to some extent, concepts that have emerged from the field of community sociology. Efforts to put these ideas into practice have fallen far short of the mark. Without more sophisticated implementation mechanisms, better theories of social interaction at the neighborhood level, and new approaches to citizen participation, efforts to build new towns are likely to remain severely crippled. The aim of this paper is to summarize past efforts to translate implicit theories of social organization into actual new town designs. The possibilities of closing the gap between theory and practice through the use of more explicit forms of social experimentation are discussed in the context of the fledgling new towns program in the United States.
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The Next Generation of New Towns. In John Wiley & Sons Inc., 1973.
Year of Publication: 1972
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New Communities in a National Urban Growth Strategy. Technology Review., 1972.
Year of Publication: 1971
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Guidelines for State Involvement in the Development of New Communities: Towards a State Urban Growth Strategy for Massachusetts, U.S. Senate Committee on Interior and Insular Affairs., 1971.
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The Objectives of Planning Education Re-examined. Planning, 35., 1971.
Year of Publication: 1970
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Prospects For Urban Planning Education. Journal of the American Institute of Planners, 36(4). Available at: http://www.tandfonline.com/doi/abs/10.1080/01944367008977315., 1970.
This article summarizes the current prospects for urban planning education. Working from nationwide surveys of planning students and planning departments as well as from the National Conference on Urban Planning Education, the authors find that many students are dissatisfied with the style and content of planning education and that many planning departments are unable to articulate the educational objectives of their programs. Survey responses from planning programs reveal a distinct dichotomy between schools mentioning societal change and schools oriented toward meeting current professional needs. Very few departments have developed innovative curricula or teaching methods, and, in general, only a few schools seem willing to take the risks involved in experimenting with new models of planning education.