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Introduction:
What happens when all the
stakeholders involved in a conflict assessment agree to participate in a facilitated
negotiation process but one or more of the parties party doesn't show up at the
first meeting? What happens when an important stakeholder doesn't want to
participate at all? Larry Susskind, co-director of the Public Disputes Program at Harvard
Law School, talks about how to deal with spoilers during the convening process.
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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 ???).
Spoilers
Larry Susskind
Co-Director of the Public Disputes Program, Inter-University Program on Negotiation at Harvard Law School
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One option is we
prepare the assessment, we give it to the convener and the convener says great,
let's go. The convener then sends a letter to everybody asking them to do what
we describe; to choose representatives to come to the first meeting.
First meeting's held; two key groups aren't there. It's our responsibility, as the facilitators, and the neutrals, to go see those people and say, "What the hell
happened? We thought you were going to be part of this." And they say,
"We changed our mind." We ask, "Well why didn't you communicate
that to anybody? What's your problem?" They respond by saying, "We're
not coming if they're coming." We ask, "Well under what circumstances
would it be okay for them to be present?" And they respond, "Well they
can't have anymore votes at the table than we do, so if they're coming with
three people, we get to come with three people." We respond, "So if
they come with one, then you'll come with one?" "Yes, but we heard
they were coming with three and we were only getting one and so were not
coming." I said, "Well would you come to the next meeting if we could
address this question at the very beginning of the meeting and if you weren't
satisfied within the first fifteen minutes that the issue is addressed then you
could leave. "Well we have to have the same number of people as they
do." "Okay fine, you go talk to the other people and say you have to
have a lead representative and your other people can watch, but only one person
at the table, otherwise we can't get this other key group to come."
So we may be involved in some remedial efforts if something goes off the
track. It's not a question of do it our way or else. If they don't show it's not
all over, there's room to explore what's going on. Sometimes people get the
wackiest notions in their head and they don't talk to anybody. So they have
engaged in self-sealing, you know self-confirming behavior. So nothing happens
and then we have to go talk to them. I remember one mediation I did on the
citing of low-level radioactive waste facilities in the state of Maine and there
was a campaign to close down all nuclear power plants. It was literally a
referendum campaign and the referendum committee was invited to come to the
table to talk about where the low level red waste should go from the nuclear
power plant in Maine. They said, "Were not coming to that table. We don't want
there to be a solution. We want to close down the damn power plant and one of
our strongest arguments is there's no place to put the remaining waste."
Therefore weren't coming to this thing to help to put all these other people are
very concerned like you are about the risks of nuclear power, they said, "That may
be but were not coming to the table."
Okay, fine. We wrote the assessment and everybody said, "Well let's go ahead
without them, the hell with them." So these guys show up at the meeting and they
say, "Well were not coming to the table but were not going to not be at this
meeting." We respond, "Well exactly what does that mean?" They say, "Were going to watch everything that goes on." I say, "Okay, fine so sit around the back over there and if you have a
question, raise your hand I'll recognize you, but don't sit at the table, I
understand, fine, okay." So then everybody says, "Well they're at every meeting so
as far as were concerned they're at the table. And as far as their concerned
there is no way their participating in this process except that they want to be
present at every meeting and they have no hesitations about raising their hand
and asking to be recognized." Okay, fine, so you can be inventive to sort of
respond to what goes on.
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