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Introduction:
What are the chances of
success for a consensus building process between Arabs and Israelis embroiled in
a land and water use conflict during the second Intifada? Larry Susskind,
co-director of the Public Disputes Program at Harvard Law School, suggests that the most
difficult part of mediating this environmental dispute was exposing parties
to the process of mediation and getting them to the table.
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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 ???).
Consensus Building in the Middle East
Larry Susskind
Co-Director of the Public Disputes Program, Inter-University Program on Negotiation at Harvard Law School
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A: We recently finished the first environmental mediation in Israel, it took
us two years to get the parties to the table because it was both Arab and
Israeli parties in the midst of the Intifada. Therefore getting them all to the
table was extremely complicated. Two years to get them to the table, eight
months to do the negotiation. The day the negotiation produced a written
agreement everybody was convinced it would be implemented. The government of
Israel decided to make a new park in the Galilee in the North. They just didn't
tell any of the Arab neighbors living within the bounds of what is now the park.
The well was with this compound of houses, which the Arab families have had for
centuries or whatever was the focal point for people coming to the park. I mean
the park was announced, just nobody told them. So people coming to this well,
they came out with their guns and said what are you doing, go away this is my
well. Of course they're speaking Arabic and the other people speak Hebrew and it
caused all kinds of difficulty.
Ultimately they found out what had gone on. They said sorry "You can't
do this," and the Arabs said "This is our land," and they said,
"Oh, you don't have any rights to this property in the first place, it's
all illegal, so we don't have to talk to you." So we had the job of
bringing together a team to mediate this, a bi-ethnic team. We trained the
mediators and the mediators did the mediation. It involved many families of
multiple generations on the Arab side, about who could speak for the Arab
landholders. It involved the national government, environmental advocacy groups,
groups advocating for Muslim Arabs within the country. I mean, endless
complexity. We got the agreement and the national park services said, "Okay
these are the new terms and we have to change the rules for people using this
place." The family owners in the compound had to agree that this park was
going forward. I don't think anyone doubts that the agreements was going to go
forward, so it took a very long time to get everybody to the table and explain
what mediation was. It took a modest amount of time, less then a year, with
pretty much weekly interactions to get the agreement and the implementation was
a matter of weeks.
Q:Okay.
A: The difference is in different stories. I'm just trying to give you an
international example where the front end is very, very time consuming because
there's no institutional awareness of the idea of mediating environmental
disputes. You have to create the equivalent of the institutional commitment to
do it. That's the up front. That's why the up front is so much more time
consuming.
Q: Last question and let me just play devils advocate on that last example
that you had. If I am an Arab resident of that park that was once my land and I
say what good is this process, I didn't want this thing to happen, now there's a
park on my land. Why should I ever involve myself in this kind of process again?
A: One, you've gotten compensation that you weren't getting before. Two,
you've gotten formal agreement that it is your land, this segment within the
park. Three, you've gotten guarantees that you can now, you know both take to
the bank and take to future governments in writing that say these are the terms
under which people will use the park and the surrounding area but we have to
promise not to impede their use of the park and so on and so forth. So I've come
out ahead or I wouldn't have made the deal.
Q: Okay, and I presume that in the beginning you would of talked about
alternatives to not doing these talks?
A: Exactly.
Q: Let's fight, pull out your guns.
A: Exactly
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