Transcript Two-Party versus Multiparty Negotiation

Two-Party versus Multiparty
Negotiation
Chapter 6
Introduction
• Environmental problems often involve
multiple parties
• Character of multiparty negotiation is
different than two party negotiation
• Coordination- more people at negotiating table
• Protraction- for everyone to be heard more time is
needed
• Representation- Who will participate? Who is
authorized to speak for a particular interest
Introduction
• Multiparty disputes expand the choices
open to each negotiator
– two party dispute = settle or accept the
consequence of non-agreement
– multiple party dispute = weigh the agreement
with all against possible deals with just a few
Introduction
• Coalitions may form, disband, realign in
attempt for bargaining strength
• Complexity of multiparty negotiations may
offer richer possibilities of settlement
– Each negotiator has own set of priorities
which can enrich trade possibilities
• Can be bitter fights over distribution of
costs or benefits
West Side Highway
• West Side Highway I-478 runs along the
Hudson river from 72nd street down to the
tip of Manhattan in NYC
• Was state of the art in 1920’s when built
• By the 1960’s was obsolete
– Lanes too narrow for modern traffic
– Structure was disintegrating
West Side Highway
West Side Highway
• In 1971 Urban Development Corporation,
a state agency with independent authority
carries out study and concludes
improvement and alteration of WSH was
central to solution of other problems
• Mayor John V. Lindsay forms West Side
Highway Project to develop highway
alternatives
West Side Highway
• Project was funded by city, state, and
federal appropriations
• Had support of Governor Nelson
Rockefeller
• Steering committee representing 16 city
agencies and all the planning boards in
affected communities to reach consensus
on best alternative
West Side Highway
• In 1973 West Side
Highway dispute
comes to a head
when a truck falls
through the highway
• Ironic because it was
a cement truck that
was traveling to make
repairs on the West
Side Highway
West Side Highway
• Major section of the road was closed
• Detoured traffic increases noise,
congestion, and air pollution on alternate
routes
• Area residents protest
West Side Highway
• In spring 1974 West Side Highway Project
publishes draft Environmental Impact
statement with 5 solutions
– Reconstruct the road along its present design
– Maintain the road basically as is but with
safety modifications
– Build an “arterial” road along the riverfront
– Build an “inbound” limited access interstate
using 90% federal funds
West Side Highway
– Build an outboard interstate involving massive
landfill along the river using 90% federal funds
• Only proposal 5 met the projects
previously developed criteria for
development
• Public hearings failed to develop support
for any alternative
• Opposition groups form
West Side Highway
• Regional Plan Association initiates talks to
Break standstill
• American Arbitration Association Provides
mediator Donald Strauss
West Side Highway
• Regional Plan Association took
responsibility for selecting participants
• Classified groups by constituencies
– Business
– Environmental
– Ethnic
-Professional
-Civic
-Labor
West Side Highway
• When a category was underrepresented
RPA tried to enlist organizations that could
advocate interests of important affected
groups
• As best as they tried there were still gaps
in representation
– Although invited labor and ethnic groups
failed to participate
– Special interest groups were overlooked
West Side Highway
• In fall 1974 five day mediation session was
held
• RPA set the agenda
• 38 representatives from 23 organizations
were at the first session
• West Side Highway Project staff provided
technical info
West Side Highway
• Participants shared at least one common
interest
– All sides agreed continued delay was against
their interests
• Continuing detour traffic nuisance
• Construction costs would increase with inflation
• Some thought later environmental groups
tried to stall for election of sympathetic
candidate for Mayor
West Side Highway
• Further mediation revealed differences in
values and opinions among groups
– Priorities
• Enhancement of environmental quality or
stimulation of economic growth
– Impact of alternatives
• Would traffic increase or decrease with plan?
• Could be argued both ways
West Side Highway
– Technical assumptions
• Under pressure to meet Federal Air quality
standards
• How would new traffic patterns affect this?
• “clean air doesn’t get us anything” !
– Rebuild or Repair
• Became polarizing issue
– Political and Economic Issues
• Who was going to pay the bill
• City wanted federal funding
West Side Highway: The Rest of
the Story
• In 1978, newly elected Mayor Ed Koch, supports
the Westway superhighway and Westway State
Park.
• In August 1981Army Corps of Engineers were
granted a dredging and landfill permit,
• President Ronald Reagan joined in his support
of Westway, ceremonially cutting an $85 million
check to state and city officials.
• However, transportation officials and fiscal
conservatives at the Federal level joined in a
loose alliance with bureaucrats and
environmentalists to undermine Westway
West Side Highway: The Rest of
the Story
• In 1982, Judge Thomas Griesa of U.S. District
Court blocked the 1981 landfill permit, citing that
the Corps of Engineers failed to assess the
impact of the landfill on striped bass in the
Hudson River
• After three more years of delays and additional
study, the Corps determined that at most, onethird of the striped bass in the Hudson would not
survive the dredging and construction process
West Side Highway: The Rest of
the Story
• However, after a 14-year battle, opposition
forces finally gained victory. On September 30,
1985, New York City leaders decided to
abandon Westway
• In September 1986, the highway design firm
Vollmer Associates was commissioned to
develop alternatives for the West Side Highway
Replacement Project. The four new proposals
for NY 9A (now the working designation, as the
I-478 designation was removed)
West Side Highway Today
•
The existing West Side Highway, facing north along the Upper West Side.
This section of NY 9A (from West 59th Street north to West 72nd Street)
leading into the Henry Hudson Parkway is the only existing limited-access
portion remaining. (Photo by Parsons-Brinckerhoff.
West Side Highway: The Rest of
the Story
• Simulation of plan to create underground West Side Highway, along
with riverfront park along the Hudson River, near the same location
as the photo above. (Photo composite by Parsons-Brinckerhoff.)
Concluding Note
Goldbeck frustrated with what he calls
“community emotionalism”
despite statistical projections that showed
neighborhood traffic would decrease
opposition to construction continued.
Is this really irrational?
Negotiation Participants:
Representation
• Development conflicts usually see project
proponents negotiating with opponents
and regulatory officials setting bounds on
developer actions
• Opponents can be many diverse groups
• Often dispute is one (pro) and many (opp)
Negotiation Participants:
Representation
• Government Regulatory groups in
negotiation adds a dimension
– May require approval, zoning variances, or
other special considerations
– When they have discretionary power, Can
assist bargainers to reach a settlement
Negotiation Participants:
Representation
• Participants
– Those who have a formal position to affect the
plan
• Developer, state government, regulators, etc
– Individuals and groups affected by
negotiations but without official status
• Community, regional or special interest groups
– Mediator (sometimes)
• Facilitates the bargaining process
• Does not represent a specific viewpoint
Negotiation Participants:
Representation
• Negotiation – based review process must
include:
– Proponent of plan
– Representatives of local gov. to review plan
– Local officials who may take action to
expedite or retard a plan
– Technical experts if needed
Negotiation Participants:
Representation
• Negotiation may provide public
participation in review of plan
• Sullivan proposes a petition process of
determining groups to participate
– Limiting participation
•
•
•
•
Small numbers helps productivity
Large numbers cumbersome
Trust develops better in small numbers
Avoid meeting “gadflies”
Negotiation Participants:
Representation
• Recognizing groups by petition
– Signing qualifying petitions in order to
participate
– Number of signatures required can determine
participants more = less
– Petitions are cheap
– Political activity
Negotiation Participants:
Representation
• Choosing representatives of informal
groups by petition.
– Groups with informal structure make it hard to
choose a particular representative
– Petition will aid in selection
Snoqualmie Dam Dispute
• Snoqualmie River Valley located in
western Washington State, 30 miles from
Seattle
• 1959 a severe spring flood swept away
crops and topsoil from lower valley farms
and destroyed many homes and
businesses
• US Army Corp if Engineers propose
building a dam
Snoqualmie Dam Dispute
• Environmentalists are opposed
– Loss of free flowing river
– Possible suburban sprawl on floodplain
• US Army corps must obtain approval of
state governor before building dam
• Governor Danial Evens twice vetoed
proposed dam but acknowledged need for
flood control
Snoqualmie Dam Dispute
• McCormick and McCartney of Washington
Environmental Mediation Project
appointed to mediate the dispute
– Identified 10 people to represent general
constituencies
– Sessions helped participants overcome long
held stereotypes of each other
– Participants endorsed general statement
calling for flood protection and land use
control
Snoqualmie Dam Dispute
• Agreement provided for
– A dam on the north fork of the Snoqualmie
instead of the middle fork
– A series of levies and set-backs along the
middle fork
– Land use and zoning restrictions on the
downstream farmland
– Other measures including the creation of river
basin planning council and the purchase of
development rights and floodway easements
Multiparty Negotiation and
Coalitions
• Multiparty negotiations present participants with
a overlapping network of possible agreements
• Lack of consensus among all the parties does
not preclude agreement between some of them
(coalitions)
• Competition and cooperation among subgroups
makes multiparty negotiation more complex than
two party negotiation.
• Its complexity is found in its bargaining
strengths and strategies
Problems of Cost Sharing
• Environmental conflicts not only involve
sharing benefits but sharing costs
• Often parties will jockey to form coalitions
to minimize their costs instead of
maximizing their benefits
• Should design a process that party that
draws short straw (treatment plant)
receives compensation from fortunate
others