Maa Maankäytön suunnittelun erikoistyö (2014) - Aalto Course on Negotiation and Dispute Resolution Jonna Kangasoja Aalto University

Creating a public – not just staging an argument Public participation is not merely a matter of allowing the public to have its say. Deliberation is not merely about persuasion of the better argument. In fact, successful deliberation also is a performative act creating a public of its own. Groupings and communities are best seen as fluid so as to be able to see how they too can change over time in the policy process. Hajer, M. (2002). "Setting the Stage: A Dramaturgy of Policy Deliberation." Administration and Society 36 (6):

3 A Spectrum of Interaction Public hearing Public meeting Workshop, forum Policy dialogues Conflict mediation Consensus building ”meeting design from hell” Third party mediation, complex negotiation processes Increasing interaction One-time events Information exchange Series of events Joint decisions Agreements Lasse Peltonen

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5 Policy Dialogue Example: the Public Conversations Project

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Finland : Metsähallitus & Natural resource management planning – regional working groups Working Group – Open invitation to all stakeholder groups – Stakeholder groups name their own representatives – Independent chairperson – Sets the priorities for the management scenarios and for evaluation criteria – Recommends the chosen scenario to be approved by Metsähallitus – Metsähallitus makes the final decision of the chosen scenario and is responsible to implement it The standpoint of the local municipalities’ elected councils Public hearings, internet questionnaires 7 Pauli Wallenius: Corporate Community Engagement, Experieneces from Metsähallitus, presentation at SYKE

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Regulatory negotiation (reg-neg) 9

10 Environmental conflict resolution (ECR) as mediated negotiation

Exploring the space of Assisted/ Mediated negotiation Public Policy Mediation, a.k.a Collaboration (collaborative natural resource management, collaborative science… ), a.k.a Consensus Building Shared ideas – voluntary processes – negotiation (not deliberation, dialogue, discussion) – Facilitated / mediated by neutral third party – Addressing multi-party public problems – involvement of both public and private parties

12 One variant: Public Policy Mediation An interactive process, designed to reach an actionable and sustainable agreement to achieve a common public goal, that is rooted in a careful exploration and weighing of interests and options, which emanate from the perspectives and knowledge bases of a diverse set of individuals and organizations. Susan Podziba: Introduction to Environmental and Public Policy Mediation. Workshop at the Centre for Urban and Regional Studies Helsinki University of Technology, 1-2 December 2004

The Mediated Negotiation Process convenor assessor stakeholders assessment report Assess the Potential Design & Decide on Process Clarify Facts & Options Seek Joint Gains Implement, Adapt & Learn Reach Agreement

14 Elements of sustainable solutions ECONOMY Property rights Private contracts Compensation POLITICS Decision making (democracy) Legality Voting & elections EXPERT SYSTEM Testing truth claims Instrumental knowledge Enlightenment thinking SOCIAL SPHERE Values Life styles Reciprocity Efficiency Fairness Effectiveness Legitimacy Renn, Ortwin (2004). The Challenge of Integrating Deliberation and Expertise. In McDaniels, Timothy L. & Small, Mitchell J. (eds.): Risk Analysis and Society, Cambridge University Press.

15 The promise of mediated negotiation "mediated negotiation is attractive because it […] allows for more direct involvement of those most affected by decisions than do most administrative and legislative processes; produces results more rapidly and at lower cost than do courts; and is flexible and therefore more adaptable to the specific needs of the parties in a given situation.” Susskind, Lawrence & Ozawa, Connie (1983). Mediated Negotiation in the Public Sector: Mediator Accountability and the Public Interest Problem. American Behavioral Scientist 27: 2,