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Introduction:
Lawrence Susskind, co-director of the Public Disputes Program at Harvard
Law School, discusses various conflict assessment techniques. He focuses on how
to publicize the assessment process, how to get parties to
the table, how to explore parties' best alternatives to participating in a
facilitated negotiation, and how to diffuse intensely emotional parties.
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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 ???).
Conflict Assessment Process
Larry Susskind
Co-Director of the Public Disputes Program, Inter-University Program on Negotiation at Harvard Law School
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A: Part of what I consider to be my contribution to the
practice of public dispute resolution was the invention of the technique of
conflict assessment. The formalization of tools of how to do it and the sort of
production of good prototypes for what that should look like. At this stage, I
feel we know what it takes to get the right parties to the table. It takes the
preparation of a conflict assessment by a neutral party. That means that some
convener needs to identify a neutral and commission them to give a conflict
assessment. The neutral then needs to interview one on one, not for attribution, the obvious player suggested by the convener, trying to get at what their issues are, what their concerns are, how
they scope the problem, what information they wished they had, who they think
should be at the table and then that set of actors suggests a second circle of
actors who weren't necessarily obvious to the convener. Then another round of
interview needs to be done the same way. Then it needs to be public that this
process of assessment is going on, so a third circle of people can step forward.
By the time you're done with those three circles of interviews you should
have the neutral maps conflict. The map includes an explicit formulation
of who are the major stakeholders, who might represent them, what ought the
agenda to be, what should the ground rules be given that agenda, what should the
timetable be and what should the work plan be. A draft of that synthesis goes to
everybody interviewed and the question is if that is what is proposed would you
play? Their reaction to that allows the neutral to have a very clear sense that
can be then given in written form to the convener of who needs to be at the
table. Everyone who gets to the table has had a hand in deciding who needs to be
at the table and what's going to happen when they get there. Absent of that kind
of assessment, in my view, it is almost impossible to get right who should be at
the table.
Q: And that sort of public awareness of the process, how does that go about?
I mean through newspapers, through newsletters? How do you get the word out that
this is happening?
A: Well, typically the convener makes public the fact that their hiring an
assessor since it's use public funds and in the public disputes world can't be
secret anyway. So that whatever way a decision by governmental body is
publicized they publicize the hiring of the convener and the neutral. The
neutral then prepares a press release with the concurrence of the convener and
the neutral puts out the press release the way they put out any press release,
at which point the press responds or doesn't respond. The interviews stimulate
dialogue between the people interviewed and the constituencies they represent
and that gets sort of word moving through informal channels. The document
produced, the thing I am calling an assessment, the assessment is both a process
and a product. The product I am calling an assessment is a public document. Once
you distribute it to seventy, eighty, ninety people that you have interviewed,
it's out there. So you publicize the process, but you also publicize the
assessment as a product.
Q: So the process and product of assessment, is that often enough to get
very, very untrusting parties to the table or is there more than these to have
to happen after that?
A: If in the dialogue between the neutral and the parties, one party says no
way I'm participating in this and the neutral says so your assessment of your
next best option is as follows and the party says yeah I get a pretty good
option away from the table. Which could be either going to court or relying on
my friends in the political arena. And the neutral says, "What would it take to
get you to the table?" and the party says, "There's nothing, I don't see any way
anyone's going to offer me something at the table with certainty better than
what I think my options are by staying clear of this." The neutral reports that
in this written document called an assessment, which may include a
recommendation from the neutral don't go forward, "You cant get a key party to
the table." Or it might be, "I think you should go forward but this party isn't
going to be there representing this constituency and you may go the following
route to try to make sure the same stakeholder group is represented."
Following the production of that report, I don't think the neutral has any
leverage to try to get someone to come to the table. One of the other parties
seeing the report might say, "Oh this is ridiculous we're already going, this one
category of actors isn't prepared, what can we gather up to offer this party,
what other issue can we put on the agenda, what other commitments can we make to
them informally to get them to change their calculation." If the parties do that
it's great, but I didn't see any other role for the neutral following the
production of an assessment in which the neutral says under the current
circumstances, "I see no way to go forward."
Q: In your experience does the publication of that assessment say
hypothetically on of the parties has refused to come? Is it your experience that
that publication of the assessment and then other parties willingness to come to
the table might leverage the difficult party to come back?
A: No.
Q: Not even inÂ…
A: No, because if their saying no and it's based on some rational calculation of
what their next best option is. It's highly unlikely that they made a foolish
error about their own interests.
Q: Rational seems like the key word there?
A: Well, self-interested.
Q: And I mean what about situations where there is an emotionally charged
value differences that keeps a party from coming to the table?
A: One of the nice things about the method that I just described is when I
meet with a party; it's not for attribution. It's purely private. If they're
very emotional about it, they can yell and scream about it. They can do so; it
doesn't have any affect on me. After a while they calm down and we sort of go
through and ask, "So do you have a good option?" If we don't go
forward and if the answer to that is no, and I say, "If people would agree to come on
your terms you don't want to proceed?" and they say, "No if they would come on my
terms which includes this and this and this then I'd been proceed," and I say, "okay
fine let me check with the others."
Q: So the BATNA check there really seems like...
A: It's the one on oneness, not for attribution ???, yelling and screaming to
the paper is fine, but that's not what this is. I'm offering people a chance to
make a calculated judgment, a strategic judgment about how to pursue their own
self-interests. Most people are pretty good at making a decision about they're
own self-interests.
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