Beruflich Dokumente
Kultur Dokumente
Terri P. Gilbert
University of Phoenix
Non-Employment Conflict 2
The world’s ecosystems have many considerable threats, but the most important threat is
the failure to resolve environmental disputes (Caplan, 2007). In the United States, federal and
state governments develop laws to address environmental issues through public policy making.
Public policy can create conflict with stakeholders’ interest in the preservation and use of limited
natural resources (Purdy & Gray, 1994). In the case of the Wamayo River Basin projects, the
proposed building of dams has affected multiple stakeholders’ use of the waterways (University
of Phoenix, 2009). The contractor, Tightrope Way, has decided there is a need to develop a
conflict management system. A conflict management system involves the use of skills to control
the intensity of a conflict and its effect using an Alternative Dispute Resolution (ADR) technique
(Billikopf, 2009). This paper will show the company’s choice of ADR technique, a plan to
Tightrope Way has a contract to continue building additional dams along the Wamayo
River and its tributaries (the Wamayo River Basin) (University of Phoenix, 2009). The dams will
create inexpensive and renewable source of energy called hydropower, and provide irrigation to
the region’s farmers (University of Phoenix, 2009). The project has several conflicts of interest
regarding the waterway. The primary conflict is preservation of the endangered Wamayo salmon
that is being affected by the dams and increased commercial activities (University of Phoenix,
2009). The fishing industry has decreased because of the diminishing population of the salmon,
increased commercial activities, and the shrinking natural habitat in the Wamayo area
(University of Phoenix, 2009). The environmental analysts and industry specialists estimate the
increased rise in commercial activities will cause extinction in the fishing industry within the
Non-Employment Conflict 3
next 10 years (University of Phoenix, 2009). The construction of the dam has created additional
environmental disputes by the public policy to preserve the endangered fish species and the
The disputes between the stakeholders’ perspectives about the policy making on the
Wamayo River Basin project are interrupting Tightrope Way’s completion of the dams. The
environmental conflicts include the decreased population of the salmon and the fishing industry
(University of Phoenix, 2009). The policy making for the waterways to protect the salmon
species involves allocating sufficient tributaries for the habitants of salmon (University of
Phoenix, 2009). A balanced allocation of tributaries will help in protect the endangered salmon
and allow the species population to increase (University of Phoenix, 2009). The salmon survival
group can cause conflict for Tightrope Way by filing an environmental suit stating the dams are
decreasing the species and the construction of the dams are causing a change in the ocean
conditions that can cause global warming problems. The salmon survival group can include in a
litigation case that the surrounding population of habitants along the rivers are decrease because
Tightrope Way has to resolve the other stakeholders’ interest affected by the construction
of the dams. Hydropower is the new source of energy that the Wamayo Department of Energy
sees as a priority (University of Phoenix, 2009). The Wamayo Farmers Association interest is to
continue expansion of farm irrigation (University of Phoenix, 2009). The three dams previously
built made a significant difference to agriculture in the region (University of Phoenix, 2009).
The Wamayo Department of Energy and Farmers Association support the building of the dams.
However, the commercial activities are in conflict with the policy public to save the salmon,
The Northwest Timber and Paper Association are not happy with the rippling effect of
the public policy and are lobbying to keep logging rights and timber-dependent industries in the
Wamayo area (University of Phoenix, 2009). The commercial industry provides 35% of the jobs
in the area and provides over $1 billion in yearly revenue (University of Phoenix, 2009).
Recently, the success of the hatcheries programs has increased the salmon population, and the
commercial groups have been lobbying to lift the restrictions on the waterways (University of
Phoenix, 2009). Lifting the restrictions may further delay Tightrope Way. The company may
have to create new plans to construct the dams and may cause more complexity in the
environmental issues with the other stakeholders. Tightrope Way has decided that a conflict
management system using the ADR mechanism of mediation is the best alternative to create a
collaborative and integrative approach to negotiating the environmental conflicts between the
Tightrope Way’s conflict management system will use an ADR technique to reduce the
possibility court litigation. Court litigation “… is more costly and time-consuming and does not
guarantee a successful result” (Vermont Environmental Monitor, 2005, p. 7). Tightrope Way’s
wants to avoid decisions made by a third party and has decided to use the ADR method of
process … [and] is a process in which a neutral third-party intervenes to help disputants reach a
voluntary settlement” (p. 1). The mediator does not have authority to force an agreement
between the parties. Mediation is an appropriate method to use for environmental disputes
dispute the opportunity to participate” (p. 172). In mediation, the stakeholders’ participation is
voluntary and any agreement reached is nonbinding (Bainum, 1997). The mediator’s role is to
work with the stakeholders to create a fair process, obtain needed resources, organize and
manage the meetings, assists the parties in setting realistic deadlines, maintain minutes of each
session if parties agree, and coordinate the exchange of information between the parties
(Andrew, 2001). The mediator exchanges information between the parties, helps devise an
agreement acceptable between the parties, participate in generating creative alternatives, and
assists in writing the final agreement (Andrew, 2001). For a successful mediation between all
parties involved, confidentiality should be emphasized as part of the process by the mediator
(Andrew, 2001). An independent assessment in the early process of the mediation helps to
identify accurate interests underlying the stakeholders’ positions (Andrew, 2001). Mediation is a
valuable ADR process to resolve environmental disputes for it mitigates the risk of litigation by
encouraging all stakeholders to focus on mutual gain and not on the win-lose limitations existing
in court proceedings (Bainum, 1997). Tightrope Way has considered implementing the
Tightrope Way has decided to implement a conflict management system using the ADR
The mediator chosen should have experience in mediating environmental disputes similar to the
present conflict at Wamayo River Basin. The first meeting will be a pre-caucus meeting
focusing on setting ground rules for the mediation (Bacow & Wheeler, 2002). The mediator
should request a written report from each stakeholder identifying individual interest and
Non-Employment Conflict 6
perspectives about the environmental issue (Bacow & Wheeler, 2002). The written report is
important for it will give the mediator a better view of the stakeholders’ perspectives of the
conflicts and what mediation tools would assist the stakeholders in reaching a collaborative
agreement. By week two, the mediator should have all the written reports to use in development
of an agenda for the initial session. Prior to the initial session, the mediator should provide a
relaxed and comfortable meeting place that will filter out noise and distractions (Bainum, 1997).
The atmosphere for the meeting is a vital factor in the success of the joint session (Bainum,
1997). The mediation should begin with an opening statement by the mediator.
An opening statement by the mediator is important in the building of trust to express the
stakeholders’ concerns (Gaitain & Kleiner, 1999). According to Gaitain and Kleiner (1999), the
mediator’s opening statement is used “… to build rapport with the disputants so that later
discussions will be open and candid” (p. 69). The mediator should begin by introducing all the
parties involved in the mediation including the mediator and commend the stakeholders for
agreeing to meet to resolve the conflicts with the Wamayo River Basin project (Bainum, 1997).
Next, the mediator should state the goal is to reach an agreement that is fair and workable in the
future, and explain that an agreement has a very high success rate if all parties collaborate in
good faith (Gaitain & Kleiner, 1999). The mediator should stress his or her neutrality, the lack
of authority to render a decision, and impartiality to the final agreement (Gaitain & Kleiner,
1999).
The next step in the mediation process is for the stakeholders to give a brief opening
statement. Majority of the time, it is the first time a stakeholder has the opportunity to give his or
her view of the case to all involved parties (Gaitain & Kleiner, 1999). The individual
stakeholders should be able to speak without interruption, except for the mediator’s questions
intended to clarify a statement, which is not bound by legal rules or evidence in presenting his or
Non-Employment Conflict 7
her point of view (Gaitain & Kleiner, 1999). The mediator should comment and summarize each
individual stakeholder’s opening statement so that all parties fully understand the intent and
correct misinterpretations (Gaitain & Kleiner, 1999). The reason for the opening statements is to
allow the stakeholders to state their positions and express any frustrations (Bainum, 1997). The
The mediator’s role is to open the forum for joint discussion with all stakeholders
(Bainum, 1997). The discussion begins the direct exchange between the parties (Bainum, 1997).
Sharing factual information and different perspectives between the stakeholders will help to
narrow the areas of the conflict (Bainum, 1997). The mediator has to control the meeting to
maintain a positive emotional climate during this face-to-face direct exchange (Gaitain &
Kleiner, 1999). During this period of the discussion, the mediator uses different techniques and
strategies to promote sharing of information, reveal hidden issues not previously expressed, and
intervene when the conflict escalates to maintain a safe environment for open communication
The mediator has various techniques and strategies to use to reach a consensus agreement
between the parties involved. To facilitate the negotiation of an environmental dispute, the
mediator should use reasoning, persuasion, and suggest alternatives (Bainum, 1997). This can be
done by finding a common ground among the stakeholders to reach a mutual consensus toward
finding a solution. In doing so, the mediator should ask questions to clarify statements and
positions, and organize the issues to look for points of agreement to narrow the number of issues
in the dispute (Bainum, 1997). The mediator can help the parties reframe issues. Reframing is a
basic communication skill to find to illustrate or “frame” what has been said or is going on in a
conflict “… with the goal of changing perceptions and positions for negative and fixed to more
positive and flexible” (Wilmot & Hocker, 2007, p. 234). As each party of the conflict has his or
Non-Employment Conflict 8
her own perception of the issues, reframing help to allow the stakeholders to view the issues in
different perspectives that may result in the parties reaching a mutual acceptance of the issues
and allow them to cooperate (Gaitain & Kleiner, 1997). The mediator should allow the parties to
frame their own issues, but step in when there is threat of a deadlock or impasse (Gaitain &
Kleiner, 1997).
A mediator must have a contingency plan for joint meetings can erupt into spiral
escalation, deadlock, or impasse. When there is the probability of one of the three events
happening, the conflict can turn destructive (Wilmot & Hocker, 2007). The mediator should
speak up when an issue has assumed disproportionate importance to guide the stakeholders to
more productive areas or can divide the group into caucus meetings to decrease conflict
escalation (Bainum, 1997). Once the parties are near a breakthrough in the caucus meetings, a
joint session should begin again (Gaitain & Kleiner, 1997). The joint session should be at a point
of collaboration with the stakeholders to reach a breakthrough. Once there is a breakthrough, the
discussion should focus on a solution that is closer to the mutual interest of all parties (Gaitain &
Kleiner, 1997). After reaching an agreement, the mediator should compose a written agreement
and have all parties sign the document (Bacow & Wheeler, 2002). The signed agreement is
evidence of the stakeholders’ intent and should be disclosed to the public to provide one form of
Recommended Metrics
Tightrope Way or the mediator should use metrics to measure the effectiveness of the
ADR mediation process. The use of surveys or questionnaires distributed and answered by the
stakeholders involved in the dispute should focus on the how the participants perceive the
mediation as successful or not. The surveys or questionnaires would address any concerns of the
Non-Employment Conflict 9
stakeholders to assess the fairness of the mediation. The process has to be fair to the public and a
form of metric would be to hold a public hearing (Bacow & Wheeler, 2002). A public meeting
should be held for the community to know about the progress and details of the negotiation
(Bacow & Wheeler, 2002). A public information meeting with the residents of Wamayo needs
to involve details of the agreement, answering questions, and address any complaints about the
proposed agreement to avoid future litigation by the community (Bacow & Wheeler, 2002). A
conflict management system using any of the ADR process needs to develop metrics to mitigate
Conclusion
and effective avenue to develop the necessary tools and skills to achieve resolution of a conflict
(Billikopf, 2009). The mediation process has a better advantage of success if the stakeholders
respect the mediator’s integrity, impartiality, and ability (Billikopf, 2009). Important elements of
the mediation are trust and confidentiality to establish open communication channels between the
stakeholders (Billikopf, 2009). According to Billikopf (2009), mediation helps the parties discuss
the issues, repair past injuries, and develop necessary skills to face parties’ disagreements
effectively. Using a mediator to resolve the environmental disputes will allow Tightrope Way to
complete the Wamayo River Basin dams. The mediation process will encourage open discussion,
and reveal stakeholders’ perspectives to gain mutual interest and resolve the environmental
disputes. The mediation process can resolve the dispute by using an experience, neutral
mediators to manipulate techniques and strategies when necessary to avoid escalating conflict
spirals, deadlocks, and impasse. The mediation needs a plan to implement the process
successfully.
Non-Employment Conflict 10
The implementation of a plan should consist of initial pre-caucus meetings, joint session,
opening statements, open discussion, caucus and other mechanism assessable to the mediator to
help improve the interaction between the stakeholder and narrow alternatives to a solution to
resolve the environmental dispute. Metrics are necessary to determine if the mediation process
was successful and at the same time disclosing the details of the agreement to the community by
scheduling a public hearing. Any agreement reached in an environmental dispute will not tie
together all disparate issues, but the ability of the stakeholders to come together to make an effort
to solve the issues will show the community that complex conflicts are resolvable when a
conflict management system is implemented that uses ADR mechanism such as mediation.
Non-Employment Conflict 11
References
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