Julia M. Wondolleck

Teetering at the Top of the Ladder: The Experience of Citizen Group Participants in Alternative Dispute Resolution Processes

Citizen groups that participate in alternative dispute resolution processes have overcome many of the barriers described in Sherry Arnsteins classic article, “A Ladder of Citizen Participation.” A well-structured collaborative process can remedy some of the imbalances and other stumbling blocks inherent in traditional forums, broadening the issues considered as well as the potential solutions. At the top of the ladder, there exists a three-runged extension of choices. First citizens must make the strategic choice whether or not to participate in the dispute resolution process. Second, if they choose to participate, citizens must then determine how to do so effectively. Citizen representatives can significantly influence the outcome of a negotiation if they pay attention to the critical components comprising the dispute settlement process and ensure that these are satisfactory at the outset. They must also maintain effective communication with their constituencies. At the third rung, citizen groups confront the need for continued involvement, both to ensure implementation of any agreements reached, as well as to capitalize on the productive working relationships and opportunities for further influence provided by their participation in this process.

us versus them: how identities and characterizations influence conflict

How individuals view themselves and others is central to most conflicts, from the local to the international. Identities and characterizations are expressed in the language parties use to describe themselves and others. They play a pivotal role in the emergence, evolution, and intractability or resolvability of a conflict. Identities and characterizations are an amalgam of many factors, including stereotypes, attributions, contextual influences, aspirations, psychological factors, and values. They have several dimensions, each reflecting a different cause and intent and eliciting different responses. They can be purely descriptive, explaining in nonjudgmental and unemotional terms the role an individual plays. They can be distinguishing, drawing distinctions between oneself and others. Identities and characterizations can also be unifying in nature, drawing connections and solidarity with another. Framing is dynamic, with conflicts escalating or subsiding as identities and characterizations become more or less salient. Disputes that move from intractability to resolvability evidence a dramatic shift in identity and characterization frames; distinguishing identities seem to gradually give way to identity frames that are more unifying and inclusive, and negative characterizations are gradually supplanted with ones that are more positive in nature. Environmental practitioners can influence the framing dynamic in order to advance more productive interaction among disputing parties.

The role of training in providing opportunities for environmental and natural resource dispute resolution

During the past 10 to 15 years, considerable attention has been devoted to the potential, as well as appropriateness, of collaboration and negotiation in resolving environmental and natural resource disputes (Amy 1987; Bacow and Wheeler 1984; Bingham 1986; Carpenter and Kennedy 1988; Cormick 1980; Susskind and Weinstein 1981). Alternative dispute resolution processes seem to make sense both conceptually and empirically as illustrated by their actual application to environmental and natural resource disputes. The management and allocation of common resources are inherently political undertakings, tasks often ill-suited to rational administrative decision-making processes. They are judgmental in nature, involving trade-offs between different groups in our society and between different resource uses. Moreover, these decisions are clouded by risk and uncertainty and frequently contain ethical or moral concerns about our responsibilities to future generations and to nonhuman species. Even at a theoretical level, decisions of such complexity and inherent controversy seem certain to fail if rational, scientifically based decision making alone is applied to them. The idea that some environmental and natural resource disputes are amenable to resolution has proven itself (Bingham 1986). Disputes along the entire spectrum from wilderness or endangered species preservation, to industrial facility construction and operation, to local community housing or commercial developments, have been successfully resolved when the parties were encouraged to put down their weapons, set aside their positions, and collaborate in an effort

Drawing Lessons from Experience in Marine Ecosystem-Based Management

In December 2011, managers from three states and two Canadian provinces celebrated twenty years of working hand in hand to advance marine conservation in the Gulf of Maine. Together, they have leveraged millions of dollars to enable restoration projects, advance scientific understanding, and coordinate monitoring and management on both sides of the border. When they began meeting twenty years earlier, federal officials suggested they were “incredibly naive” to think they could make a difference in what had become a highly contentious environment. The U.S. State Department discouraged their efforts. Recalling this skepticism, one of the group’s cofounders laughs and says, “For some of us who are still around, we kind of smile and say, ‘Here we are twenty years later!’” From its humble beginnings with the simple objective “to learn and network and share information so that we can all do our respective jobs better,” the Gulf of Maine Council on the Marine Environment has become a model for transboundary marine conservation worldwide.

Handbooks for siting hazardous waste management facilities in New England

tenance and the treatment of stormwater runoff was not related to the level of support for public expenditures in general. The level of support for citizen cleanup efforts and the degree of effectiveness of individual efforts as a solution to pollution control were related. Fifty-two percent of all respondents both strongly supported citizen efforts and felt that these efforts were either moderately or very effective solutions to water quality problems. The level of support for the use of land use controls and the degree of effectiveness of land use and growth controls were somewhat related. Fifty-six percent of the respondents both strongly supported land use controls and felt that such controls were either moderately or very effective solutions to water pollution control. Other relationships were also evident. The degree of effectiveness of sewage treatment plant construction as a solution to water quality problems was related to the degree of effectiveness of operation and maintenance improvements. The support for industrial expenditures and the support for citizen cleanup efforts or public expenditures were not related. Support for citizen efforts in pollution control did not necessarily imply support for water conservation measures. Almost two-thirds of the citizens strongly supporting citizen efforts as solutions to water pollution control felt that water conservation was either not an appropriate solution to water pollution control or was only slightly effective. P

Bricks: Tangible Elements That Support & Guide Marine Ecosystem-Based Management

While the preceding chapters have described the variations associated with different types of marine conservation initiatives, the next two chapters describe attributes that these initiatives share in common. The initiatives we examined arose independently in different regions of the world; they are embedded in different sociopolitical contexts and involve different individuals and organizations. Nonetheless, they all exhibit several essential characteristics. They all have organizational elements and process qualities that have enabled them to stay on track and make progress.

Mortar: Intangible Factors That Propel & Sustain Marine Ecosystem-Based Management

When we began this study of marine ecosystem-based management (MEBM) initiatives, we knew that we needed to probe their structures, legal mandates, information sources, and funding. After all, we wanted to identify features that could be adopted by others trying to advance MEBM. But as much as we would probe these items in our conversations with participants, they would invariably emphasize the less tangible dimensions of their experiences. We came to appreciate that the structures and features represented by the “bricks” described in chapter 7 were only part of the story. What happens within those structures is entirely dependent on the people who are involved. The “mortar” that holds these processes together is a function of how those individuals are motivated to be involved, the relationships that they form, the personal skill sets they bring to the table, and their commitment to the process.

Implications for Policy and Practice

We began our research on worldwide cases of marine ecosystem-based management (MEBM) assuming that we would find exemplars that could be used to create a model process, but those exemplars proved elusive. There is no single way to advance MEBM; rather, there are multiple ways to incorporate an MEBM perspective into management. We observed many places where people were trying to advance ecosystem considerations in decision making, following different paths, responding to different issues, and employing different strategies. All were steadfast in their insistence that they were still trying to figure it out. Yet their efforts reveal valuable insights about the critical factors that enable and sustain an MEBM process.

Navigating International Boundaries in the Gulf of Maine and Puget Sound Georgia Basin

Since many marine ecosystems cross international borders, effective management requires transboundary interaction between agencies and policy makers. National borders may not stop marine organisms, but they definitely constrain the amount and character of interaction between scientists, managers, and decision makers. At minimum, an international border can complicate communication, travel, funding, and project implementation. More significantly, differences in law, political systems, and culture need to be navigated.

Mobilizing a Multistate Partnership in the Gulf of Mexico

In the Gulf of Mexico, an innovative multistate partnership has focused attention and energy on an ecosystem of national, regional, and local importance. While large-scale efforts involving more than one state may not have the complication of an international boundary, as described in chapter 2, they still need to navigate complicated jurisdictional factors to initiate and sustain collaboration. The Gulf of Mexico Alliance (GOMA) is a voluntary arrangement that has no authority to mandate action or regulate uses. However, it has provided an opportunity for the five Gulf States to identify and pursue shared objectives at an ecosystem scale by pooling expertise, attracting funding, and finding synergies within their individual state policies and programs.