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NCJRS Abstract

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NCJ Number: 98572 Find in a Library
Title: Mediating Public Disputes
Journal: Negotiation Journal  Volume:1  Issue:1  Dated:(January 1985)  Pages:19-22
Author(s): L Susskind
Date Published: 1985
Page Count: 4
Format: Article
Language: English
Country: United States of America
Annotation: The article describes three experiments using mediated negotiation to generate collaborative problemsolving and consensus in the public sector at the Federal, State, and local levels.
Abstract: The first involves the use of regulatory negotiation as a way to reduce the contentiousness of rulemaking. The Environmental Protection Agency, the Federal Aviation Administration, and the Occupational Safety and Health Administration have identified representatives of stakeholding interests and have used mediators or facilitators to draft consensual rules. In Wisconsin and Massachusetts, legislation has been adopted mandating formal negotiation between developers of proposed waste treatment facilities and communities. If agreement cannot be reached, the matter is turned over to a mediator and ultimately to an arbitration panel jointly selected by the developer, community, and State. The third case involves bringing together teams representing business interests, city government, neighborhood activists, and a mediator to draft a negotiated investment strategy spelling out the actions the three groups agree need to be taken to solve the city's most difficult problems. Common ingredients of these three experiments are participation by key stakeholding interests, joint fact-finding, face-to-face negotiation, a focus on dealing with differences and maximizing common gain, and preparation of a written agreement implemented by all participants. Preliminary evidence suggests that the mediated negotiation approach may represent a cost-effective, stable, and just alternative to traditional practices.
Index Term(s): Arbitration; Conflict resolution; Dispute resolution; Federal regulations; Juvenile parole services; Mediation; Negotiation; State regulations; Urban planning
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