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< SUMMARY 13 > LIMITED ROLE OF CONFRONTATION:
<< GUIDELINES FOR LIMITED USE OF CONFRONTATION: >>
Confrontation is a nonviolent show of strength that is used to
emphasize differences with your Adversary (and/or the Decision Makers) on a
specific aspect of the issue. Your goal in using confrontation will be to
focus attention on strengths in your position or in your base of support.
Limited use of confrontation in the Resolution Phase may be useful
when ALL of the following conditions can be met:
1) You have good reason for using confrontation for a specific purpose
where no other method could work as well.
2) You have a very strong position on a limited and clearly defined
aspect of the issue being raised or very strong support for your position that
needs to be demonstrated (Preferably both).
3) You are very sure that you will win concessions or at least make
your Adversary (and Decision Makers) more fully aware of your strength.
4) The confrontation will be of very limited duration because
continued confrontation can erode your broad base of support in the community.
5) The confrontation will not permanently damage the possibility for
maintaining or developing a working relationship with your Adversary and the
Decision Makers in the future.
**
USE OF CONFRONTATION:
So far in this process your group has tried to avoid the use of
confrontation because it tends to polarize and alienate people. Your goal
has been to reach out to build a broad base of support in your community. As
you enter the Resolution Phase it is expected that you have already built, to
some degree, a good broad base of support and you are viewed as a credible
group.
During the Resolution Phase you may have Strategic reasons for
considering a limited use of confrontation as part of a Show Of Strength.
** Mountain Vision Software R # 1 Box 222 Colton, N Y 13625 **
WEIGH THE RISKS TO THE FUTURE:
Perhaps the most commonly overlooked aspect of the use of
confrontation is how confrontation can impact on your ability to work with
your Adversary and the Decision Makers. Up to this point you have been
raising concerns and building a broad base of support to put pressure on your
Adversary (and/or the Decision Makers) to find common ground for addressing
your concerns. One of the dangers with even a limited use of confrontation is
that you may win the confrontation on one aspect of the issue and lose your
ability to deal constructively with your Adversary (and/or the Decision
Makers) on other more important aspects of the issue in the future. Consider
carefully the use of confrontation in terms of how it could impact on your
ability to develop a working relationship with your Adversary (and Decision
Makers) for addressing your concerns in the future.
BALANCE CONFRONTATION AND THE NEED FOR FUTURE CONNECTION:
You have been working to have your concerns taken seriously. Once
your concerns are taken seriously then you will want to look towards building
some kind of working relationship with your Adversary (and/or the Decision
Makers) to begin to resolve the issues that concern you. The process of using
confrontation to force them into a position where they will have to deal with
your concerns involves a delicate balance.
** Mountain Vision Software R # 1 Box 222 Colton, N Y 13625 **
YOUR CONNECTION AS A THIN STRING:
It may be helpful to have a way of looking at this new situation that
can give you a `feel' for the delicate balance that is required.
Imagine you are taking a large dog for a walk. Rather than using a
leash you are using a weak string. As long as you are aware of the need to
balance and adjust, you can keep the tension on the string at less than the
breaking point and maintain your connection to the dog. This means careful
balance and considerable adjustment to the actions of the dog. Without this
adjustment you risk a test of strength that could lead to a breaking of the
string and a loss of what ever influence you did have on the behavior of the
dog. In a similar manner you can imagine your working relationship (or
potential working relationship) with your Adversary (and/or the Decision
Makers) as a string connecting 2 people. In a show (not test) of strength,
especially if it involves confrontation, you want to pull hard on the string
to get movement in your direction but not so hard as to break the string and
lose future influence.
**
WHEN CONFRONTATION MAY BE USEFUL:
Even though the use of confrontation has many potential dangers, at
times, it may have a role to play in the resolution of an issue.
For example, Role Playing has shown that your Adversary (and/or the
Decision Makers) have seriously underestimated the strength of your position
or your base of support (or both). You have decided that a strong Show Of
Strength, even to the point of limited confrontation, may be needed to `get
their attention'. If your proposed action meets the guidelines for the
limited use of confrontation then Role Play the proposal to get a good idea of
the potential cost and benefits of this use of confrontation. Role play all
key groups and be especially aware of how it could impact on your future
ability to work constructively with your Adversary and the Decision Makers.
Anticipate and be prepared for potential problems especially when mobilizing a
large number of people. Have a clearly defined goal. What are you trying to
accomplish by this use of confrontation? If the proposal looks feasible in
a Role Playing Strategy Session then go through it again to find ways to
minimize the costs (potential dangers) of the use of confrontation and to
maximize the benefits.
** Mountain Vision Software R # 1 Box 222 Colton, N Y 13625 **
DECISION TO USE CONFRONTATION IN A SHOW OF STRENGTH:
Your proposal has met all the guidelines for the limited use of
confrontation and has been found acceptable in Role Playing. Because you have
been careful to maintain a reputation for being a reasonable group, you will
want to let the public know why you are taking your current position. Have a
carefully prepared written statement (with extra copies to hand out) showing
how you have been moderate and reasonable in trying to have your concerns
addressed. Review the actions and positions that you have taken to this point
and why you think that your concerns have still not been adequately addressed.
This will allow people to understand why you feel you have been forced to take
your present position or action on this aspect of the issue. Make sure your
supporters are aware that their role is to focus on and support the aspect of
the issue at hand. Individual members of your group may speak out, (at times
emotionally) on the issue, but make it clear to everyone that, although
individual members are free to speak for themselves, they do not speak for the
group. Your group's position on the issue will be presented by your
spokesperson, it must be reasonable and clearly defined.
**
EXAMPLE: LIMITED USE OF CONFRONTATION:
On a low altitude flight issue, the group decided it was necessary to
show the military that the group had been able to develop a broad base of
support in the community. The military had taken the strong position that an
Environmental Impact Statement (EIS) was not needed. After careful study, the
group decided that a show of strength with limited use of confrontation would
be useful. They worked for a number of weeks to get a resolution calling for
an EIS on the Low Altitude Flights through the various committees of the
County Legislature to be ready for a vote by the full legislature. A mass
mobilization to support the resolution was organized to bring people to the
legislature meeting. An large crowd packed the meeting room supporting the
resolution. Many individuals made strong and often emotional statements on
how the flights would adversely effect them. The result was an overwhelming
20 to 2 vote for the resolution. This was a clear Show Of Strength that had
wide coverage in the press. Even though the group was fully aware of the fact
that this vote would have little impact on actually getting an EIS (no EIS was
ever done), it was a strong demonstration of county wide support for the
group's concerns. In addition, it did not seriously damage the potential for
a future working relationship with the military while it did make them much
more aware that the group's concerns must be addressed.
** Mountain Vision Software R # 1 Box 222 Colton, N Y 13625 **
CONSIDER THE USE OF CONFRONTATION CAREFULLY:
The potential gains from the use of confrontation need to be balanced
with the potential costs. Use confrontation in the Resolution Phase only when
it serves a strategic purpose. Remember your goal of having your concerns
addressed will mean that sometime in the Resolution Phase you may want to be
able to work with your Adversary (and/or the Decision Makers) to find ways of
resolving your concerns. Be aware of the effect of even limited confrontation
on your potential for a working relationship in the future.
@
< SUMMARY 14 > BACK-UP SYSTEM: TO SURVIVE THE WORST CASE:
<< BACK-UP SYSTEM: AN INSURANCE POLICY: >>
Back-up Systems are often built into daily life. For example, many
public buildings that remain open at night, such as public libraries, have an
emergency Back-up System for lighting. If there is a power failure and the
lights go out then the Back-up Lighting System automatically comes on line.
Powered by rechargable batteries, the system is not designed to replace the
primary system, but instead, to provide just enough light for people to find
their way out of the building.
In the same way, your Back-up System is not intended to replace your
primary position. It helps you survive the impact of a final outcome where
all your concerns have not been addressed and it allows you to continue to
keep open important aspects of the issue.
A Back-up System is like having an Insurance Policy that you create to
cover yourselves in the worst case situation. Because it can protect you from
some very serious problems and it requires a relatively small investment of
energy, it deserves careful consideration even by groups in a very strong
position.
**
DISTINCT ADVANTAGES:
There can be distinct advantages to a Back-up System:
1) A BACKUP SYSTEM CAN PROVIDE AN INSURANCE POLICY AND MAKE YOU FEEL BETTER:
Being set up to survive the worst case can relieve some of your worst fears
and lessen the feeling of threat and thus allow you to work more effectively
on your primary position.
2) BACK-UP SYSTEM ISSUES CAN OFTEN BE USED IN YOUR PRIMARY POSITION: You may
see advantage in bringing up some of your Back-up System issues as concerns of
your primary position.
3) WORKING FOR A BACK-UP SYSTEM CAN OFTEN BREAK A DEADLOCK: Working to
implement a Back-up System can often produce progress even when your primary
position has not. Progress with your Back-up System can lead to a change in
your situation. It sets the precedent that you have legitimate concerns that
need to be taken seriously and can add to your primary position and to your
credibility as a group.
**
FIRST GOAL: SURVIVE THE WORST CASE:
In a Role Playing Strategy Session sit down and imagine what would
happen if all your efforts failed to have your concerns addressed. What would
you have to live with? Imagine what could help you survive such a worst case.
For example, if you would be forced to sell by Eminent Domaine could
you influence the price? If you felt living in the area was impossible could
you sell your property at full market value, if not could you be compensated
for the loss?
In great detail go through all aspects of how your life would be
impacted and identify areas that would need work to survive the worst case.
Begin to explore possible measures that could help lessen the impact of a
worse case. Keep in mind, any mitigation measures you can get, no matter how
minimal, can add to your Back-up System and form a good starting point for
future mitigations.
Be creative. Just because an idea has not been suggested before does
not mean it can't be suggested now, but also be reasonable and look at it from
your Adversary's point of view. What is the cost to them? What do they get
out of it?
* Mountain Vision Software R # 1 Box 222 Colton, N Y 13625 **
SECOND GOAL: SET UP TO CONTINUE:
In the worst case, you may not be able to have your concerns addressed
but that does not mean you will no longer have those concerns. Look at the
worst case in a Role Playing Session and ask yourself how you could keep the
issue open. How would you like to be set up to `keep an eye on things' and
bring up your concerns as problems arose?
For example, setting up an extensive monitoring program for all of
your areas of concern would be a good starting point. If problems did arise
having, already in place, legally binding agreements on resolving problems and
compensation would be a great advantage. An official recognition of a
Citizen's Panel to work with your Adversary to address problems as they came
up would be a good way of guaranteeing that you could continue to raise
concerns. An official review period, with a report on problems with public
hearings, could make sure problems would not go unnoticed.
Go through all aspects of daily life and look for ways of setting up
systems to assure that you will stay involved in the process. Work on
concrete proposals for procedures to assure your voice will be heard as long
as you will be effected. You want to establish procedures in advance for
keeping the issue open.
**
CLEAR VIEW OF FUTURE NEEDED:
It is important to consider Back-up System issues well in advance of a
final decision on your issue, so that you can have a clear idea of what you
will need for a good Back-up System and what aspects of it need to be
implemented before a decision on the issue is made. In addition, with a clear
view of what is needed, you can then decide how much energy you want to put
into a Back-up System depending on how likely it is that you will need to use
it.
** Mountain Vision Software R # 1 Box 222 Colton, N Y 13625 **
SOME GROUPS RESISTANT TO ASPECTS OF A BACK-UP SYSTEM:
Some groups have problems discussing aspects of a Back-up System
(like monitoring programs, mitigations, etc.) on a proposal where their
concerns have not been addressed. They feel working for such measures implies
an acceptance of the proposal and therefore they often fail to work towards
implementing a Back-up System even though there may have been many
opportunities to do so. Remember, asking your Adversary to state what they
are willing to do (in areas like mitigation and monitoring) does not mean you
have accepted the project. You are merely asking them to state all they are
willing to do to address your concerns so that you can know what they are
asking you to live with. You can state this position publicly.
There are circumstances, however, when you may decide that publicly
working towards a Back-up System could make it appear that you are weakening
your primary position. In that case you might decide to work indirectly
towards a Back-up System.
**
WORKING ON A BACK-UP SYSTEM DIRECTLY:
Often groups find it convenient to set up a special committee within
their group to work on issues related to a Back-up System. They can work
through Role Playing Sessions to identify areas of concern in the worst case
situation and make recommendations for ways of addressing those concerns.
Together with the Steering Council (Core Group) they can begin to come up with
concrete proposals for how to survive and keep the door open after a worse
case. Role Playing could help to identify areas where your Adversary and the
Decision Makers may be willing to make concessions. Often the strength of
your group can be used to best advantage by focusing on a Back-up System as
well as your primary position.
* Mountain Vision Software R # 1 Box 222 Colton, N Y 13625 **
WORKING ON A BACK-UP SYSTEM INDIRECTLY:
Often, in spite of the distinct advantages of a Back-up System, some
groups are resistant to working on one. This resistance may be overcome by
working indirectly. A committee within the group could be formed to work with
the Steering Council (Core Group) to work indirectly for progress in this
area.
For example, the committee could work with other interested people or
groups (such as the Town Board, the Planning Office, the County Legislature,
etc.) to identify and address problems related to the worst case. The members
of the Back-up System Committee could work either as official representatives
of your group or they could act as private citizens, or they may even choose
to form their own separate group to deal with this aspect of the issue. Your
group could then decide to either officially support the position of the other
groups or take no position until it becomes apparent that a Back-up System was
needed.
The choice between working directly and indirectly involves many
factors and is best arrived at through a Role Playing Session. What are the
advantage and disadvantages of each method, both short and long term? How
does your credibility as a group reflect on this decision?
**
BACK-UP SYSTEM: LANDFILL AS AN EXAMPLE:
The goal of a Back-up System would be to lessen the impact on those
living near the landfill and keep channels of communication open. Lessening
the impact might include: reductions in the waste stream through aggressive
recycling, noise controls (ie: earth mounds and evergreen trees as noise
barriers, etc.), limited hours of operation to reduce both traffic and noise
effects, and other options. Carefully detail specific problems and list ways
to lessen their impact. A Citizens Panel for compensation could be formed to
raise questions. For example: For those who lose property to the landfill,
is fair market value adequate for someone who does not want to sell? For
constant low level impact (ie: noise, traffic, etc) you might look towards
having the landfill agency pay each year a percentage (in proportion to
impact) of the local property taxes of those effected. For a one time loss
such as a loss in property value, you might propose a plan where people most
impacted could choose a one time payment for the difference between fair
market value and the current value. Or they could be allowed a number of
years to sell and then be compensated for the difference between the selling
price and the original value. Agreement on legal responsibility for long term
effects (ie: possible ground water contamination) could be worked out in
advance. The goal is to make people impacted by the landfill feel they have
been adequately compensated or be allowed to leave the area without loss.
* Mountain Vision Software R # 1 Box 222 Colton, N Y 13625 **
COMBINED PRIMARY POSITION AND BACK-UP SYSTEM: LANDFILL EXAMPLE:
In the landfill issue, all the potential sites could join together and
work towards goals of common interest as a primary strategy.
Raise questions: Is there a need for a landfill? Are alternatives
available? Is hazardous waste being adequately removed from the waste stream?
Is recycling adequate? Is the selection process fair and scientific? Is a
landfill really a long term solution to the problem of waste? Why aren't we
implementing long term solutions? Individual sites could point out
inadequacies in their own sites while refraining from commenting on other
sites. The combined political power of all potential sites working together
provides a good opportunity to work jointly for a common Back-up System.
Often sites working together can negotiate from a position of strength for a
better Back-Up System and settlement than if the final site was forced to
negotiate alone. In fact, the Back-up system issues could be addressed even
before the final site is chosen.
A combination of a primary position and a Back-up System could work to
the advantage of all sites and greatly lessen the impact on any site that
might be chosen.
@
< SUMMARY 15 > RESOLUTION BY STRENGTH:
<< THE PATH OF RESOLUTION BY STRENGTH: >>
Build on your strength and get ready to mobilize your support to be in
a strong position for the final resolution. It may be that your increase in
strength leads your Adversary (and /or the Decision Makers) to negotiate with
you to address your concerns or it may be that the resolution process will be
primarily by strength all the way to the end. To increase your strength, you
will need to find ways to widen your influence.
**
SOME GROUPS READY FOR RESOLUTION:
After a Show Of Strength, some groups may find themselves in an
especially strong position. Evaluate your situation. If you are quite
confident that you are now in an overwhelmingly good position to have all your
concerns addressed (and your Backup System is adequate in case conditions
change) then you may be ready to resolve your issue. To take full advantage
of your present situation, you may want to consider working to precipitate the
resolution as soon as possible. Your goal is in sight. By continuing on your
present course and mobilizing your strength you can move to a final resolution
of your issue.
** Mountain Vision Software R #1 Box 222 Colton N Y 13625 **
FOR MOST GROUPS A DECISION POINT:
Most groups will not find they have overwhelming support for
resolving their issue this early in the Resolution Phase. If your group is
not yet ready then you will want to evaluate your current situation to answer
an important question: Can you negotiate with your Adversary (and/or
Decision Makers) to have your concerns addressed? Role Play your situation
and then Role Play your Adversary (and/or the Decision Makers). See if it
looks like conditions are favorable at this time for negotiating at least some
aspects of the issue. Have they recognized your strength and are they willing
to negotiate with you? Are you willing to negotiate with them? Realistically
evaluate your situation to decide if negotiation may be a possible way of
resolving your issue at this time.
**
2 PATHS TO RESOLUTION:
If you find that negotiation looks like a favorable option on at least
some aspects of your issue then you will want to consider starting on the path
of Resolution By Negotiation (see next section). If conditions are not now
favorable for negotiation then you will need to consider continuing with your
current strategy of showing strength and begin down the path to Resolution by
Strength. Many groups use both paths (Resolution by Strength and Resolution
by Negotiation) and move back and forth between the two approaches on
different aspects of the issue. To increase your strength, you will need to
find ways to widen your influence.
** Mountain Vision Software R #1 Box 222 Colton N Y 13625 **
WIDENING YOUR INFLUENCE: IDENTIFY KEY PLAYERS:
Up to now you have focused on influencing your Adversary (and /or the
Decision Makers). To widen your influence you will want to identify those who
could have even indirect influence on your Adversary (and/or the Decision
Makers). In a Role Playing Session put yourself in your Adversary's place.
If you were them, who would be likely to influence you? For example, if you
were them: Where does your funding come from? Who do you report to? Who put
you in your present position? What agencies oversee your actions? What
courts would review the legality of your actions? Are you associated (even
indirectly) with a political party? How sensitive would you be to public
opinion? How would you react to editorials in the local papers or regional or
statewide media coverage? Go through, in detail, all of the influences you
might feel if you were a member of this group. Do the same to the Decision
Makers. If the Decision Maker is the public (ie: a vote or referendum), ask
yourself what influences public opinion in your area.
** Mountain Vision Software R #1 Box 222 Colton N Y 13625 **
WIDENING YOUR INFLUENCE: THE MEDIA:
As a reasonable group with legitimate concerns that have not been
adequately addressed, you are in a good position to widen your influence in
the media. If you have had good coverage locally, you may look towards moving
into regional, statewide or even (in some cases) national coverage. Although
your situation may be primarily of local interest, does it represent an issue
that is important on a regional, statewide or national level? Often other
areas are facing similar problems and your situation may be a good example of
the larger issue. For example, the media may be interested in doing a story
on your issue statewide and are looking for a number of examples. Perhaps
your group's approach to the problem would be of special interest.
**
MAKING CONTACT TO WIDEN YOUR INFLUENCE IN THE MEDIA:
When looking to expand your influence first try to work with the local
media contacts that you've made in your area. They are often in the best
position to help you. Ask their advice and who they would suggest for you to
contact (could they make the contact for you?). Look for people in your
group who may have friends or relatives that know people in the regional,
statewide or national media. Check with other grassroots organizations for
people they know.
Prepare a written presentation of your situation. Give documented
evidence of what has happened up to this point (be concise). Include articles
from the local press showing your concerns and demonstrating your base of
support in your community (ie: support from other groups, local government
agencies, respected community members, etc). Include all relevant documents
but give a one page cover letter summarizing your situation. This will allow
a busy editor to know why they would be interested in your case without having
to read all the details. This is especially important if you have to make
contact directly without connections.
** Mountain Vision Software R #1 Box 222 Colton N Y 13625 **
EXAMPLE MAKING CONTACT WITH THE WIDER MEDIA:
In a low altitude flight issue, the group had very favorable press
locally for a number of months and had periodic coverage in the regional
press. Because the issue of low altitude flights was potentially a national
issue, efforts were made to make contact with a Statewide newspaper of
national reputation.
A series of demonstration test flights along the proposed flight path
were scheduled and a Public Hearing was to follow. This looked like a good
opportunity to try to widen the media coverage. Contacts were made with the
paper and a documented history of the group's situation was presented. The
newspaper was interested and agreed to send a reporter to do an article on the
test flights and the Public Hearing. The reporter was going to contact the
military for more information.
**
INDIRECT INFLUENCE THROUGH THE PRESS:
Shortly after the low altitude flight group made contact with this
newspaper, the military announced the test flights and public hearings were
cancelled. The only reason given was scheduling conflicts for the air space.
This action led to speculation within the flight group that the
military wanted to avoid widening the media coverage of this issue. This made
sense because the military was in the process of doing a generic Environmental
Impact Statement (EIS) for low altitude flights nation wide. Although this
EIS was not directly related to the local flight path issue, it appeared
(through Role Playing) that a high profile in the national press on specific
details of this local issue would not be welcomed by the military at this
time. The group concluded that the military would rather deal with some of
the groups concerns than have them viewed at the national level in the press.
Shortly after, there was a substantial revision in the military position on
the issue (proposals for for lessening the number of flights and raising the
altitude of the flights). This led to progress and more negotiations.
Although the article was never written, working to widen their influence in
the press led to a substantial improvement in the group's situation.
** Mountain Vision Software R #1 Box 222 Colton N Y 13625 **
WIDENING INFLUENCE ON THE POLITICAL LEVEL:
When dealing with political parties be careful not to tie yourself to
any one party. You are taking a nonpartisan position so that you will be able
to maintain a broad base of support across party lines. However, at times, it
may be advisable to work indirectly through a political party to bring
pressure to bear on those in office to intercede on your behalf.
**
EXAMPLE: WIDENING POLITICAL INFLUENCE:
Working indirectly through the local party organization, the low
altitude flight group was able to raise concerns that people in their area of
the state were feeling that this issue was not being adequately addressed.
Local party officials were able to help the group set up a meeting with the
Governor (when he planned a stop in the area to dedicate a new building).
After the meeting, the Governor announced to the press: "This Coalition is a
group of responsible citizens. We welcome their participation ...". He then
appointed the group to an Ad Hoc Committee on Military Affairs in the state.
This was a major breakthrough for the group.
In the Ad Hoc Committee they were able to work directly with the
Decision Makers in the military. These negotiations eventually led to a
resolution of the issue. (Note: The Governor's reaction to the group was that
they were responsible and reasonable. This was a significant factor in his
decision to appoint them to the Ad Hoc Committee.)
** Mountain Vision Software R #1 Box 222 Colton N Y 13625 **
SOMETIMES NECESSARY TO FOCUS ON YOUR ADVERSARY'S WEAKNESS:
Your primary concern at this stage is to build your strength but
occasionally it may be necessary to focus on your Adversary's weakness. Does
your Adversary have a particular weakness on some aspect of the issue? Are
they taking a position that is particularly hard to defend locally? Is the
credibility of your Adversary an issue?
**
EXAMPLE: YOUR ADVERSARY'S WEAKNESS: CREDIBILITY:
When raising questions related to the credibility of your Adversary,
make sure your information is relevant, accurate and well documented. Stay
away from personal attacks on individuals. Show how past credibility issues
are related to the current situation. Often your Adversary may be making
commitments to take responsibility for the consequences of their actions into
the future. Their credibility as a group is then a legitimate issue to raise.
For example, a private landfill company was applying to site an ash
landfill in a rural town. Many economic benefits were offered to the town and
assurances were made of safe operation and responsibility for any future
problems. Investigation of the landfill company by a local group found
problems with the company's landfills in other areas and convictions of
officers of the company for giving bribes related to landfill sites in other
states. This evidence was made public because it was relevant to the ability
of the company to make good on its promises to the town. In addition, what
assurances would the town have if the company went bankrupt?
** Mountain Vision Software R #1 Box 222 Colton N Y 13625 **
FOCUS ON KEY AREAS:
You've been working to broaden your influence and you may have
expanded into new areas. As you get closer to the resolution, begin to narrow
your focus and use your widened influence to put pressure on key areas that
will be likely to bring results in time to have some effect on the outcome of
the issue. Don't spread yourself out too thin. Balance your energy between
high risk areas and those where you have a reasonable chance of success.
**
BALANCE EFFORTS BETWEEN PRIMARY POSITION AND BACKUP SYSTEM:
Evaluate the chances of success for your primary position. Will most
of your serious concerns be addressed? Be realistic. Evaluate your situation
in a Role Playing Session.
For example, if you are very confident of having most of your concerns
addressed then setting up a minimum Backup System might be adequate. If, on
the other hand, there is a very real possibility that many concerns of your
primary position will not be adequately addressed then you will need to
consider spending a major part of your efforts working to implement your
Backup System. Often a separate committee working with your Steering Council
(Core Group) will assure a consistent and sustainable effort to create a
Backup System. Decide carefully on whether a direct or indirect approach best
suits your situation at this time. Balance your energies between the needs of
your Primary Position and your Backup System.
** Mountain Vision Software R #1 Box 222 Colton N Y 13625 **
TAKE YOUR FINAL POSITION IN TIME TO MOBILIZE:
When taking your final position, review your concerns and what
positions and actions you've taken up to this point. Explain why you have
been forced to take your present position. Show the concerns that have still
not been addressed. Decide what areas to focus on and what Strategy is most
likely to have most influence on your Adversary (and/or the Decision Makers).
Be aware of any possibility for negotiating to resolve the issue. Take your
final position no earlier than necessary but in time to coordinate all your
efforts to have a real impact on the final decision. If you are presenting a
proposal for action, present your case as to why the action is needed and what
will happen if the action is not taken.
**
OCCASIONALLY RESOLUTION BY STRENGTH GOES ALL THE WAY THROUGH THE PROCESS:
In some cases (especially in a yes or no decision) where negotiation
may not be possible, you may have to rely on strength all the way to the final
resolution.
Be careful to target areas where you think you are most likely to make
progress and not to lose your focus and spend too much energy in side issues.
Role Play each action and position and reevaluate the situation as conditions
change. If you sense any movement in a key area, focus more energy there. Be
sensitive to any indication that negotiation could help to address your
concerns even if only on one aspect of the issue. If it comes down to a Yes
or No decision have a clear and reasonable case prepared to support your
position to present just before the decision is made. Mobilize your base of
support from within and outside your group. Make sure you have an adequate
Backup System so that you can survive and be in a good position to come back
again later.
** Mountain Vision Software R #1 Box 222 Colton N Y 13625 **
OFTEN RESOLUTION BY STRENGTH LEADS TO NEGOTIATION:
Often a success in Resolution by Strength will lead to negotiations to
begin to work out the details of addressing your concerns. Other times it
leads to negotiating towards a Backup System. (In the case of a Combined
Primary position and a Backup System you will be negotiating for both.)
Look for a willingness to negotiate and be prepared to negotiate in
case you need to. Often this may begin with Backup System issues first and
involve your primary position later. Remember any negotiation and mitigation
on the part of your Adversary (and/or the Decision Makers) sets the stage for
more progress later on.
Even if your issue moves towards a resolution primarily by strength
there are many aspects of the negotiating process that will come into play
both within your group and with other groups and you will want to explore the
following section Resolution by Negotiation.
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< SUMMARY 16 > RESOLUTION BY NEGOTIATION:
<< WHAT ARE THE REALISTIC ALTERNATIVES TO NEGOTIATING? >>
In a Role Playing Strategy Session look at the most likely outcomes to
your present situation if you choose not to negotiate.
For example, if you proceed with Resolution by Strength, what can you
expect to get? At what risk? Do you have the energy and resources to take
that route?
You may find yourself in a position where all your current options are
limited and none of them as they now stand really address your concerns. You
could choose to work to create new options by negotiating on the whole issue
or you could negotiate on limited aspects of the issue while continuing with
Resolution By Strength. Progress in negotiating could lead to a new mix of
alternatives to choose from.
You are choosing between the alternatives of what you are likely to
get without negotiating and what you might be able to get by negotiating.
Look at your choices realistically and avoid thinking in absolute terms.
Often after looking at your options, you may begin to see some clear
advantages in negotiating.
**
CONSIDER NEGOTIATING WHEN IT BEATS ALL THE CURRENT OPTIONS:
What Is Your Current Situation?
-- If it looks like you are in an overwhelmingly strong position and you
will get everything that you want then there is little need to negotiate.
-- If it looks like continuing in Resolution by Strength will improve your
situation to where you will not need to negotiate or where you will be in a
better position to negotiate later, then work to improve your position first.
Negotiations might be worth considering if:
-- you could negotiate a position where you knew you could get most of what
you wanted and avoid the risk of a total loss.
-- it allowed you to deal with certain aspects of your issue separately
instead of having all aspects of the issue part of one unchangeable package.
-- you were very unlikely to have all your concerns addressed and you could
negotiate a Back Up System to protect yourself against the worst case.
If you're unsure whether negotiating would be an advantage to your
group, then consider negotiating to see what position your Adversary takes.
You Do Not Have To Agree To Anything.
** Mountain Vision Software R # 1 Box 222 Colton, NY 13625 **
NEGOTIATING: GETTING THE BEST DEAL:
Your goal in negotiating is to get the most important aspects of your
issue addressed. In order to do that, you may need to consider trading off
some less important aspects. You can negotiate a limited and clearly defined
aspect of the issue or the whole issue. Look at your situation objectively
and try to get the best deal. Continue to negotiate as long as it beats the
alternatives (ie: Resolution by Strength).
**
TRADE AND BARTER AS A NEGOTIATING PROCESS:
Throughout history negotiation has played an important role in
interactions between people. People often negotiated for exchange of goods.
The role of negotiation in trade in recent times has become less
important for the average person with the advent of the big chain store
because prices are set by the seller (ie: non-negotiable). Yet barter and
trade are still important methods of exchange in many parts of the world.
Even in industrial societies many people (especially in rural areas) are still
able to `get a good deal',`drive a hard bargain', and `swap' for what they
need. Often there will be very little exchange of money and in a good deal
both parties will be happy with the results (win-win).
Looking carefully at what takes place in `a trade' can be a good way
of understanding the negotiating process. Even people unfamiliar with
negotiating find learning to negotiate comes naturally when they see it in
terms of barter and trade. Many who become involved in negotiating find it
exciting and very rewarding. Bring together a negotiating team in your group
to work with your Steering Council (Core Group). Include people with
experience in negotiating, those who like to barter and trade, and those with
an interest in Strategy.
** Mountain Vision Software R # 1 Box 222 Colton, NY 13625 **
NEGOTIATING: TRADE AS AN EXAMPLE:
In many areas trading for items is a still common form of negotiating.
For example, a woman wanted to start a garden. She had an old snowmobile in
her garage that she was willing to trade for a roto-tiller in good condition.
Early in the Spring, she mentioned to a few of her friends and neighbors to
ask around to find who'd be interested in such a trade. An interested trader
was found and the two met and looked over the items. The tiller owner was
looking for a snowmobile to use with a sled he built to draw firewood out of
his woodlot. Because the snowmobile had a good size engine he was interested.
The new gardener sized up the situation and decided the tiller was in better
shape than the snowmobile so she needed to throw in another item to balance
things out. What else did she have to trade? She had 2 almost new snow tires
in her garage that did not fit her car. `Interested in a pair of 14 inch snow
tires?' The tiller owner was interested because the tires fit his truck.
They both looked over the items carefully and the snowmobile and a pair of
tires were traded for the tiller. Both traders felt they made a good deal.
**
NEGOTIATION: GRASSROOTS GROUP AS AN EXAMPLE:
A citizens group was concerned with noise from a mining operation that
was locating in their quiet rural area. The sound of large chunks of rock
dropping from a loader into trucks was loud and it could be heard for miles.
Since the operation went on day and night, the group felt this was a serious
problem and they were working with the local Planning Office to have their
concerns addressed.
After researching the noise problem, the group found that rubber Truck
Bed Liners were commercially available (and in use in some areas) to control
loading noise. They made a proposal for the use of Truck Bed Liners as a
noise control. The mining company, after contacting the liner manufactures
and some users of the liner, reported that the liners were very expensive,
significantly reduced the carrying capacity of the trucks, and had to be
periodically replaced. They concluded that the liners were too expensive to
be a solution. They said that they were interested in controlling noise if
cost effective methods could be found. The group came back with a proposal to
build a noise barrier made of mine waste rock to control loading area noise.
The company agreed to this cost effective measure and the group gave up their
idea of the Truck Bed Liners in favor of a solution that could be easily
implemented. Both parties were satisfied with the solution (win-win).
** Mountain Vision Software R # 1 Box 222 Colton, NY 13625 **
WHAT IS MOST IMPORTANT? OFTEN DIFFERENT ASPECTS IMPORTANT TO EACH SIDE:
Look at your situation and define what aspects of the issue are most
important to you. What aspects are less important side issues? Both parties
in a negotiation are trying to get the aspects of the issue that are most
important to them addressed by being willing to trade off some aspects of
lesser importance. The key is, on some aspects of the issue, what is most
important to one side is often not of the same importance to the other side.
TRADE EXAMPLE: The new gardener really wanted a tiller for her garden
and considered a snowmobile a less important item. The tiller owner may have
just bought a new tiller and his old tiller was much less important to him
than a snowmobile to help him bring in his firewood.
CITIZENS GROUP: The citizens group was very concerned with noise and
its impact on their quality of life and property values. They felt the truck
Bed Liners would be a solution. The mining company was concerned that the
delay in getting needed permits, caused by the noise problem, was holding up
production. For them, how the noise was controlled was very important because
of the potential difference in cost between alternative methods.
Clearly define the most important aspects you want addressed. Make a
list. Remember, the citizens group later realized the real issue was the
control of noise and, as it turned out, the actual method used was not an
issue as long as it was effective.
**
FINDING COMMON GROUND:
Different aspects of an issue are often of very different importance
to the two sides of a negotiation and progress is based on identifying those
differences and coming up with acceptable trade-offs.
After deciding on your Negotiating Position (what is most important to
you), put yourself in your Adversary's place. If you were them, what
Negotiating Position would you be likely to take? Compare your group's
Negotiating Position with the likely Negotiating Position of your Adversary
(and /or Decision Makers). Look for common ground. Progress may be possible
in agreement on general concepts (ie: desire to minimize impacts on people) or
on specific details (ie: certain mitigation measures).
Role Play both sides of the negotiation on areas you've identified as
common ground. Try and anticipate where these negotiations could lead.
Which paths of negotiation will better address your concerns? Which paths are
likely to lead into areas that you'd like to avoid? Begin negotiation by
avoiding areas where you are most likely to disagree and focus on areas where
progress may be possible. You can then move to more difficult areas later in
the negotiation.
** Mountain Vision Software R # 1 Box 222 Colton, NY 13625 **
IDEAL NEGOTIATION:
People are often surprised to see that it may be possible to have
something that is not very important to them that is very important to the
other side.
TRADE EXAMPLE: The new gardener had 2 snow tires that did not fit her
car. The tires were not very useful to her, (little value) yet because they
fit the tiller owner's truck, they were worth almost the cost of 2 new tires
to him (great value).
CITIZEN GROUP: The citizens thought the Truck Bed Liners were the
solution to their problem. The company thought they were too expensive, but
they were willing to make a noise barrier. The citizen group gave up their
idea of the Truck Bed Liners (no loss to them) and got noise control in the
form of a noise barrier (great value to them). The company put the work into
the noise barrier (at little cost to them) and got production started (great
value to them).
In an ideal negotiation, each side trades off something of minor
importance to get one of major importance (to them) in return.
**
STRENGTH OF NEGOTIATING POSITION: TRADE EXAMPLE:
Many factors influence the Strength of your Negotiating Position. In
the trade of the snowmobile and the snow tires for the tiller, a very big
factor in the Strength of the Negotiating Position of each side would be the
season of the year that the trade took place.
In the Spring, when many people are getting their gardens ready, then
the tiller owner would be in a strong Negotiating Position. In the late fall
the snowmobile owner would be in a very strong Negotiating Position because
both her items (snowmobile and snow tires) were winter related items. In
fact, her position would be so strong that if the trade had taken place in the
Fall then it may have been considered an `good deal' even without the 2 snow
tires.
The strength of your Negotiating Position has a lot to do with what
items are eventually traded. A very strong Negotiating Position can shift the
balance in your favor while still creating a solution fair to both parties.
(win-win).
** Mountain Vision Software R # 1 Box 222 Colton, NY 13625 **
STRENGTH OF NEGOTIATING POSITION: THE RESULT OF ALL YOUR WORK:
From the very beginning of your involvement in the issue (and often
without realizing it) you have been building your strength towards your
Negotiating Position. To the extent that you have been effective in building a
solid position on the issue and a strong base of support in your community,
you will now be in a strong Negotiating Position. You can use a show of
strength to make your Adversary (and/or Decision Makers) more aware of your
strength and if necessary increase your strength by widening your influence
(see Resolution by Strength). A strong Negotiating Position means you will be
able to get more of what you want in negotiating while giving up less.
**
STRENGTH OF NEGOTIATING POSITION: CITIZENS GROUP AS AN EXAMPLE:
The strength of your Negotiating Position plays a critical role in
negotiating.
For example, in the mining noise problem, the citizens group had
worked through the local Planning Office and the State Environmental
Conservation Department to make sure that their concerns were addressed. They
presented a very reasonable case that the noise impact of the mine could be
very intense, raising the background noise levels from quiet to very high
levels 24 hours a day. This was clearly a major impact, so the group had a
very strong position on the issue (especially in light of the fact that the
technology to control the noise was readily available). In addition, they had
built a good base of support and had widened their influence (Planning Office
and Conservation Department). In fact, the Planning Office had taken the
position that the mining permit would be a conditional one. The permit would
last 6 months and then it would be extended only if the company addressed the
noise problem. The group's Negotiating Position was so strong that the mining
company had no choice but to deal with the noise issue. This points out the
importance of your early work in building a good base of support in your
community for having your concerns addressed and for widening your influence
(Resolution by Strength). A strong Negotiating Position has a great impact on
the final outcome.
** Mountain Vision Software R # 1 Box 222 Colton, NY 13625 **
BACK TO RESOLUTION BY STRENGTH: OFTEN PART OF THE NEGOTIATING PROCESS:
Progress in Negotiation does not always lead to a full resolution of
the issue. Negotiate as long as it beats the alternatives to negotiating.
If negotiation is limited to certain aspects of the issue then you may
need to consider continuing with Resolution by Strength on other aspects of
the issue even while you negotiate. If you're negotiating on all aspects of
the issue you may, at times, need to consider a Show Of Strength (see outline)
if you feel your Adversary (and /or Decision Makers) are not taking you
seriously. You may even need to consider going back to Resolution by Strength
to put more pressure on the Negotiating process.
When considering the use of a Show of Strength or Resolution by
Strength, carefully weigh how it will impact on your ability to negotiate.
Role Play any action before taking it. Remember, success in Resolution by
Strength often leads to negotiation. Be careful to avoid any actions that
could severely damage your ability to negotiate in the future. Resolution of
an issue is often a balance between Resolution by Strength and Resolution by
Negotiation.
**
BACK TO RESOLUTION BY STRENGTH: AN EXAMPLE:
The low altitude flight group first began negotiating indirectly by
working through their local Planning Office on Back-up System issues.
Progress was made on limiting the number of flights per day, but no progress
was made on minimum altitudes (500 feet above their homes). While
negotiation progressed on limiting the number of flights, the group continued
working through Resolution by Strength to address the remaining issues. By
getting resolutions passed in the County Legislature, widening press coverage
(locally, regionally and at the state level), and by appointment to the
Governor's Ad Hoc Committee, the group was able to expand their base of
support and widen their influence. They raised issues related to the effects
of the flights: Many Amish communities were in the flight path and the
startle effect on animals posed a real safety hazard to those working with
horses especially in traffic situations. There was evidence that the military
was in violation of their own interpretation of regulations on flights over
populated areas. There were adverse effects on property values and many
schools would be overflown. Raising these and a number of other effects of
the flights gave the group a very strong position on the issue. With a great
increase in the Strength of their Negotiating Position, they were then able to
open negotiations directly with the military at the Ad Hoc committee meetings
on the need to address the effects of altitude of the flights.
** Mountain Vision Software R # 1 Box 222 Colton, NY 13625 **
NEGOTIATING FOR A WIN-WIN:
In order to facilitate a solution, each side must get a least some
aspects of what they need. Even when one side is in a very strong Negotiating
Position and the balance is leaning towards their side, it is important for
them to be sensitive to the basic needs of the other sides position.
Each side must be careful not to put the other side in a position
where they feel the need to `dig in' for a hard fight just because there is no
face saving way out.
Whether you end up with an ideal negotiation where both parties are
happy with the results or one that is strongly influenced by the Strength of
the Negotiating Position of one side or the other, both sides need to work to
retain the basic elements of a win-win whenever possible. Otherwise they
risk a return to Resolution by Strength.
**
NEGOTIATING A WIN-WIN: EXAMPLE:
The resolution of the flight issue was heavily influenced by the
Strong Negotiating position of the flight group. Over a period of a year, the
group had built overwhelming support for their concerns and they had a strong
case on the effects of the flights. As a result, the negotiations led to the
military agreeing to raise the minimum altitude to 1000 feet. Further work
led to a revision to 2,000 feet. Other issues, including continued safety
hazards with the Amish and the possibility of bird strikes in an area that was
a major bird migration route, led to a 2,700 minimum altitude. Faced with
serious limitations on the use of the flight path, the military was then
willing to consider a proposal for not using the flight path. Instead, planes
could circle high above the military fort (5,000 feet instead of 500 feet) to
make entry into the fort's bombing range. This proposal would involve a
possible impact on some people near the fort because planes needed to make
final entry to the bombing range at a lower altitude. People in that area
worked directly with the military to identify and avoid individual homes and
the impacts were mitigated to their satisfaction. The military then agreed to
not use the original flight path and instead accepted the new alternative.
With the impacts on people addressed, the military (although it gave up some
low altitude training) achieved a politically acceptable solution that allowed
access to the bombing range (win-win).
** Mountain Vision Software R # 1 Box 222 Colton, NY 13625 **
RESOLUTION:
Whether you came to a Resolution of your issue by Strength or by
Negotiation, your group has put a lot of time and energy into working to
effectively present your concerns. By becoming involved you have built a new
sense of community around your issue. Even if all your concerns were not
fully addressed, you have been empowered by your involvement. Besides the
valuable skills you've learned, your view of the world and of yourselves has
changed. You have gained a new awareness of the part you have to play in this
time of critical change. Give yourselves credit for the work you've done. In
the end, the commitment and effort involved in raising your issue has improved
the most valuable resource of your community: people.
The real measure of your work is that you became involved.
Working together, you took on the challenge of your issue
so that:
"... government of the people, by the people and for the people
shall not perish ..." Abraham Lincoln
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