44
Federal Conflict Resolution Centers: Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Resources for Addressing Conflicts & Managing Everyday Challenges Managing Everyday Challenges Managing Everyday Challenges Managing Everyday Challenges NCER Conference NCER Conference July 22, 2009 July 22, 2009

Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Federal Conflict Resolution Centers:Federal Conflict Resolution Centers:Resources for Addressing Conflicts & Resources for Addressing Conflicts &

Managing Everyday ChallengesManaging Everyday ChallengesManaging Everyday ChallengesManaging Everyday Challenges

NCER Conference NCER Conference

July 22, 2009July 22, 2009

Page 2: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

ModeratorModerator

�� Brian Manwaring (USIECR)Brian Manwaring (USIECR)

PanelPanel

�� Hal Cardwell (USACE)Hal Cardwell (USACE)�� Hal Cardwell (USACE)Hal Cardwell (USACE)

�� David Emmerson (USDOI)David Emmerson (USDOI)

�� Patricia Orr (USIECR)Patricia Orr (USIECR)

�� Kerry Redican (USACE)Kerry Redican (USACE)

�� Will Hall (USEPA)Will Hall (USEPA)

Page 3: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

AgendaAgenda

�� IntroductionIntroduction

�� Annual ECR Report to OMB/CEQAnnual ECR Report to OMB/CEQ

�� Evaluating Collaborative ProcessesEvaluating Collaborative Processes�� Evaluating Collaborative ProcessesEvaluating Collaborative Processes

�� Collaboration & TechnologyCollaboration & Technology

�� Services Provided by the Federal Services Provided by the Federal CentersCenters

�� Questions/DiscussionQuestions/Discussion

Page 4: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

IntroductionIntroduction

Page 5: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Annual ECR Report to Annual ECR Report to OMB/CEQOMB/CEQ

Page 6: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

What Agencies are expected What Agencies are expected to Report on:to Report on:

�� The Number of ECR CasesThe Number of ECR Cases�� CapacityCapacity--Building Initiatives Building Initiatives (Training,Funding, etc.)(Training,Funding, etc.)(Training,Funding, etc.)(Training,Funding, etc.)

�� Infrastructure BuildingInfrastructure Building�� Development of PolicyDevelopment of Policy�� Development of Strategic PlanningDevelopment of Strategic Planning�� Program Areas Where ECR is Being Program Areas Where ECR is Being UsedUsed

Page 7: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

What Reports Show:What Reports Show:

�� Dramatic Increases in ECR cases Dramatic Increases in ECR cases since first Reporting year of FY since first Reporting year of FY 2007200720072007

�� FY 2007: Approximately 250FY 2007: Approximately 250--270 270 CasesCases

�� FY 2008: 320 CasesFY 2008: 320 Cases�� FY 2009: 420 CasesFY 2009: 420 Cases

Page 8: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Reasons For Increase:Reasons For Increase:

�� Better ReportingBetter Reporting�� More ECR Taking PlaceMore ECR Taking Place

Page 9: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

What Else Reports Tell Us:What Else Reports Tell Us:

��Over 95% of ECR takes place in Over 95% of ECR takes place in EPA, DoD, USFS, DOI, FERC, DOT, EPA, DoD, USFS, DOI, FERC, DOT, and NOAAand NOAAand NOAAand NOAA

��ECR is used by these agencies to ECR is used by these agencies to further missions directivesfurther missions directives–– In EPA and FERC, primarily for In EPA and FERC, primarily for EnforcementEnforcement

–– In DOI and USFS, primarily for land In DOI and USFS, primarily for land managementmanagement

Page 10: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Programmatic Areas for ECRProgrammatic Areas for ECR

�� Over 80 areas mentioned, Over 80 areas mentioned, including:including:

�� NEPANEPAESAESA�� ESAESA

�� Historic PreservationHistoric Preservation�� SuperfundSuperfund�� TransportationTransportation�� EnergyEnergy�� TribalTribal

Page 11: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Building Capacity Initiatives:Building Capacity Initiatives:

�� Strategic PlanningStrategic Planning�� TrainingTraining�� InfrastructureInfrastructure�� InfrastructureInfrastructure�� OutreachOutreach

Page 12: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Challenges to Undertaking Challenges to Undertaking ECRECR

��ResourceResource--relatedrelated–– Lack of FundingLack of Funding–– Lack of trained peopleLack of trained people–– Lack of trained peopleLack of trained people–– Lack of timeLack of time

��Uncertain of Benefits of ECRUncertain of Benefits of ECR��Lack of CapacityLack of Capacity

Page 13: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Evaluating Collaborative Evaluating Collaborative ProcessesProcesses

Page 14: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Evaluation EvolutionEvaluation Evolution

2009

DOI adopted the multi-agency ECR evaluation instruments

2006-08

2008

USACE designed new evaluation instruments that draw from and complement the multi-agency instruments

Multi agency ECR evaluation system (MAES) used to conduct the large scale study of ECR CADR

Institute, PCI, and state partners began developing multi-agency collaboration and conflict resolution evaluation tools

2006-08

2003

1999

EPA adopted the multi-agency ECR evaluation system

conduct the large scale study of ECR

EPA (CPRC) launched the Environmental and Economic Effects Study (SEEER) in partnership with DOI (CADR) 2006

CADR

CPRC

Page 15: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Evaluation Uses & AudiencesEvaluation Uses & Audiences

Case Feedback Reports(Project Managers, Practitioners, Parties)

ECR Outreach Materials (General Audiences)

Compliance & Accountability Reporting (OMB and CEQ)

(General Audiences)

Training/Capacity Building Materials (ECR Community) Multi-Case Studies

(ECR Community)

Page 16: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

MAES: Key Evaluation Criteria MAES: Key Evaluation Criteria

Page 17: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

SEEER:SEEER:Systematic Evaluation of Systematic Evaluation of Environmental and Economic ResultsEnvironmental and Economic Results

SEEER evaluates the results of ECR processes

SEEER compares the results to those of alternative decision making processesmaking processes

The environmental effects evaluated include: direct resource changes, and recreational, commercial and tribal resource use and resource management

Economic effects measured include: social capital, organizational effectiveness, direct financial statement effects and the economic value of changes in resource quantities

Page 18: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

What can we say about What can we say about ECR performanceECR performance??ECR performanceECR performance??

Page 19: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

ECR Making a DifferenceECR Making a DifferenceMAES ResultsMAES Results

92% of CasesProgress was MadeProgress was Made

82% of Cases 82% of Cases Full or Partial Agreement ReachedFull or Partial Agreement Reached

Page 20: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Improved Working RelationshipsImproved Working Relationships100%

71%After

After78%

0%

41%31%

BeforeBefore

Respondents ability to work together cooperatively on this case

Respondents trusted each other

Page 21: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

ECR EffectivenessECR Effectiveness

More effectively addressed the issues or resolved the dispute (75%)

Better served the interests of the participants (79%)

Led or will lead to a more informed public action or

Perspectives from 400+ Participants

Participants are more likely to able to work together in the future (81%)

Results are less likely to be challenged (71%)

Led or will lead to a more informed public action or decision (80%)

Cost less, or if it cost more the extra costs were worth the investment (78%)

Page 22: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

SEEER: A Unique ContributionSEEER: A Unique Contribution

Preliminary Results:

Less Time to Reach and Implement A Decision

SEEER represents a major step forward as the first systematic collection of environmental and economic impact data for ECR

Page 23: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

ECR Evaluation:ECR Evaluation:What difference has it made?What difference has it made?

Strengthened our organizational goals & management tools

Developed organizational cultures that embraces feedback

Helps us better articulate the value of ECR

Helps us work to improve our programs and ECR practice

It’s a resource can share with others adopting ECR

Page 24: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Collaboration & Collaboration & TechnologyTechnology

Page 25: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Technology is Changing the way Technology is Changing the way we do businesswe do business

�� Better analysis toolsBetter analysis tools

�� Better visualization toolsBetter visualization tools

�� OneOne--way communication is becoming way communication is becoming �� OneOne--way communication is becoming way communication is becoming outmodedoutmoded

�� More technologicallyMore technologically--savvy groups and savvy groups and individualsindividuals

Q: How do we take advantage of these changes to enhance collaboration and make better public policy?

Page 26: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Environmental Conflict Resolution Environmental Conflict Resolution & Technology Workshop & Technology Workshop ECR & TECHECR & TECHMay 6May 6--8 20098 2009

�� Agenda developed by Feds academics, Agenda developed by Feds academics, technology providers, ECR practitioners, & technology providers, ECR practitioners, & Agenda developed by Feds academics, Agenda developed by Feds academics, technology providers, ECR practitioners, & technology providers, ECR practitioners, & workshops’ 90 participantsworkshops’ 90 participants

�� Technology Fair, Presentations, WorkgroupsTechnology Fair, Presentations, Workgroups�� Focus onFocus on Strategic PlanningStrategic Planning�� Series of recommended Series of recommended next stepsnext steps to guide to guide

the integration of technologies into the integration of technologies into environmental collaboration and conflict environmental collaboration and conflict resolution processesresolution processes. .

Page 27: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Categories of ToolsCategories of Tools

Page 28: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges
Page 29: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Federal CentersFederal Centers

�� US Institute for Environmental US Institute for Environmental Conflict Resolution (USIECR)Conflict Resolution (USIECR)

�� EPA EPA –– Conflict Prevention and Conflict Prevention and Resolution Center (CPRC)Resolution Center (CPRC)Resolution Center (CPRC)Resolution Center (CPRC)

�� DOI DOI -- Office of Collaborative Action Office of Collaborative Action and Dispute Resolution (CADR)and Dispute Resolution (CADR)

�� USACE USACE –– Conflict Resolution & Conflict Resolution & Public Participation Center (CPC)Public Participation Center (CPC)

�� Others include USFS, USAF, FERCOthers include USFS, USAF, FERC

Page 30: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges
Page 31: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges
Page 32: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges
Page 33: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges
Page 34: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Tech and ECR: 5 Key Next StepsTech and ECR: 5 Key Next Steps

�� Develop Develop resourcesresources to help facilitate the to help facilitate the integration of technologies into ECRintegration of technologies into ECR

�� Create Create incentivesincentives to encourage the innovative to encourage the innovative use of technologiesuse of technologies

�� Build Build crosscross--disciplinary partnershipsdisciplinary partnerships to to �� Build Build crosscross--disciplinary partnershipsdisciplinary partnerships to to promote the evolution of ECR appropriate promote the evolution of ECR appropriate technologiestechnologies

�� Develop capacityDevelop capacity for integrating technologies for integrating technologies into ECR processesinto ECR processes

�� Encourage Encourage practice and policy developmentpractice and policy developmentrelated to the integration of technology into related to the integration of technology into ECRECR

Page 35: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Services Provided by the Services Provided by the Federal CentersFederal Centers

Page 36: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Why are there Federal Why are there Federal Centers?Centers?

�� Administrative Dispute Resolution Administrative Dispute Resolution Act 1996Act 1996

�� Focal PointFocal Point

�� Federal PartnershipFederal Partnership

Page 37: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

What Services Do They What Services Do They Provide?Provide?

�� Internal Case ConsultationInternal Case Consultation

�� Technical SupportTechnical Support-- OutreachOutreach -- Stakeholder AssessmentsStakeholder Assessments

-- Public InputPublic Input -- MediationMediation-- Public InputPublic Input -- MediationMediation

-- FacilitationFacilitation -- Dispute ResolutionDispute Resolution

�� Contractual Mechanism to Reach Contractual Mechanism to Reach Experts Across the NationExperts Across the Nation

�� TrainingTraining

�� Support Development of Agency Support Development of Agency PolicyPolicy

Page 38: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Training and

Case Services

�� Consultations Consultations

�� Mediator referralsMediator referrals

�� AssessmentsAssessments

�� Process designProcess design

�� ConveningConvening

�� Mediations / facilitationsMediations / facilitations

�� Project managementProject management

�� ProjectProject--specific trainingspecific training

�� SkillSkill--based trainingbased training

USIECR Services

Training andProgram Support

�� SkillSkill--based trainingbased training

�� ECR program developmentECR program development

�� CoCo--host national ECR conferences host national ECR conferences

�� Help implement federal Help implement federal

directives related to ECRdirectives related to ECR

�� Help guide appropriate and Help guide appropriate and

effective use of technology toolseffective use of technology tools

�� Help convene policy dialoguesHelp convene policy dialogues

ECR Leadership

Page 39: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

USIECR Case Services: USIECR Case Services: Areas of EmphasisAreas of Emphasis

Interagency/intergovernmental conflicts and challenges

Multi-party high-conflict cases where an independent federal convener is needed to broker participation

Florida Everglades

Missouri River

Conflicts and challenges involving multiple levels of

government (federal, state, local, tribal) and the public

Conflicts and challenges where area expertise is required

(e.g., conflicts involving tribes and native people, NEPA)

Emerging areas of conflict and pilot applications of collaborative governance

Coeur d’Alene Lake

National Bison Range

Page 40: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Case Study Case Study -- MRRICMRRIC�� What What –– basinbasin--wide collaborative forum wide collaborative forum working together to develop a shared working together to develop a shared vision and comprehensive plan for vision and comprehensive plan for recovery of T&E species in the Missouri recovery of T&E species in the Missouri RiverRiver

�� ChallengeChallenge –– longlong--term, large scale, term, large scale, �� ChallengeChallenge –– longlong--term, large scale, term, large scale, many interestsmany interests

�� ResponseResponse –– Facilitation and consensus Facilitation and consensus building support by USIECR and neutral building support by USIECR and neutral third partiesthird parties

�� How How –– Economy Act/Funding to Other Economy Act/Funding to Other Fed AgencyFed Agency

Page 41: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Services for MRRIC:

� Conducted MRRIC Situation Assessment

� Convened MRRIC Planning Group which established MRRIC Charter

� Ongoing MRRIC facilitation and consensus building

� Ongoing facilitation of Federal Working Group

Services for the Ecosystem Restoration Study and Plan:and Plan:

� Facilitating inter- and intra-agency coordination and communication

� Providing advice on collaboration in NEPA EIS

� Working with USACE and Public Policy Institutes to create Civic Engagement Strategy

Case Study Case Study –– MRRICMRRIC

Page 42: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Evaluation from Planning Group Evaluation from Planning Group (i.e. Chartering Process)(i.e. Chartering Process)

�� 100% felt collaborative process more 100% felt collaborative process more effectively addressed issues/resolved conflicteffectively addressed issues/resolved conflict

�� 96% felt confident that they had built strong 96% felt confident that they had built strong enough relationships to ensure that enough relationships to ensure that agreements will lastagreements will lastagreements will lastagreements will last

�� 86% were totally satisfied with the results of 86% were totally satisfied with the results of the processthe process

�� 87% felt moderately to strongly confident the 87% felt moderately to strongly confident the agreement could be carried outagreement could be carried out

�� 92% felt their first choice would be to use this 92% felt their first choice would be to use this type of process again for similar situationstype of process again for similar situations

Case Study Case Study –– MRRICMRRIC

Page 43: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Case Study Case Study –– Hunter ReservoirHunter Reservoir

�� Who Who –– EPA CPRCEPA CPRC

�� HowHow ––“Just“Just--InIn--Time” Task Orders Time” Task Orders where expert facilitators/mediators can where expert facilitators/mediators can be quickly and easily obtained for be quickly and easily obtained for projectsprojectsprojectsprojects

�� Services ProvidedServices Provided –– Conducted a Conducted a situational assessment, provided situational assessment, provided mediatormediator

�� Benefits Benefits –– expert facilitators/mediators, expert facilitators/mediators, neutral 3neutral 3rdrd party, 2 week turnaroundparty, 2 week turnaround

Page 44: Federal Conflict Resolution Centers: Resources for Addressing … · 2009-08-19 · Federal Conflict Resolution Centers: Resources for Addressing Conflicts & Managing Everyday Challenges

Questions?Questions?