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Introduction:
In complex,
multi-stakeholder conflicts there are often interested parties that are in danger
of being left out of a facilitated negotiation because they have no
formal representative body. Larry Susskind, co-director of the Public Disputes Program at
Harvard Law School, calls this the "diffuse interest
problem." He recommends holding meetings where members of hard-to-represent
stakeholder groups can come together to jointly select a representative.
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This rough transcript provides a text alternative to audio. We apologize for occasional errors and unintelligible sections (which are marked with ???).
Diffuse Interest Problem Solving
Larry Susskind
Co-Director of the Public Disputes Program, Inter-University Program on Negotiation at Harvard Law School
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Q: In conflicts there are often very well defined parties and then very
nebulous parties. Say for example, if they're citing a new airport in Mexico
City and there's government and there's contracts, and there's business and then
there are residents who may not have an association who may not be banded
together then any other sense then that they live in the same neighborhood, and
yet their a party to a conflict. Who comes, who do you talk to, whose their
representative when there is no you know citizens Inc. to come and sit at the
table, what do you do?
A: In the process of preparing the assessment we identify categories of
stakeholders some easily representable and some so diffused as to be impossible
to represent. We then make a proposal in the assessment regarding each category
of stakeholders about the method of selecting representatives for that category
of stakeholders. We will say, for Category 1, "It's obvious that so and so has the elected
association, so for category one they should be invited. And so and so is in the
position of whatever in the government, that's the relevant agency they, their
senior designee should come," end of story. In this category of small business
owners, there is an association of small business owners but there are a lot of
people who are not members. Therefore, we suggest the following procedure for
caucusing small business owners.
The convener should invite to a specific event facilitated by us or some
other neutral for the purpose of selecting ad hoc representatives for the
upcoming exchange if there is going to be one. Invite the association and let
them bring five people. Invite the following four small business owners who've
been quite critical in our interview of the association. And invite the three other
people who are university people in the school of business in the area who've
been quite critical of the existing association and ask those three groups if
they can think of a fourth that they want to invite. Keep the total number to
twenty-five and invite them in an evening where people can come after work.
Convene them and ask them to choose a representative jointly, so that for each
category we will in the assessment recommend a technique for representing hard
to represent groups. Either that will be a kind of vote among the potential
existing representatives or it will be a selection by potential surrogate
representatives, who may not even at the moment know that they're a surrogate
for generations yet unborn. We need generations yet unborn at this table to be
represented at this table. The following three NGOs really do have a very long
term perspective and if they would be willing to come in the role of surrogate
representative for this category, one of these three or let them choose amongst
themselves would be very good.
Each category of stakeholders will have to address exactly these questions.
You can use surrogates. You can use coalitional representatives. In some
instances it's perfectly clear and so sometimes you get started. However
sometimes you think you've got everybody there, you think you've done this the
right way, criticism is raised and somebody comes forward and says, "Nobody
here is representing me. I don't care what you say and we're a
stakeholder." If we miss somebody in the conflict assessment, then we miss
somebody, but my general sense is that the procedure I'm describing allows you
to handle the diffuse interest problem.
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