SNEAPA 2013 Friday f3 10_30_resolving_land_disputes

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Preventing and Resolving Land Use DisputesPatrick Field, CBI

Better negotiations.Better decision making.Better results.

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+Stages of Land Use Approval

Means of resolving disputes that arise in this process:

Educate, inform, persuade

Exercise power

Adjudicate rights

Reconcile interests

Build from and shape values and identities

+Sources of Land Use Conflict

Quality of life issues

Environmental impacts

Fiscal impacts

Fragmented and competing jurisdictions

Procedural and institutional issues

Values and identities

Defining community

Uncertainty and the future

Communication and cognitive biases

Constitutional issues

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+A Sample Case: Maxville

In a relatively dense city of 60,000, a developer proposes a mixed-use 350 unit development on an old manufacturing site. The site is bounded by a major city street between two business districts on the south, railroad tracks to the north, a tightly knit, working class neighborhood to the west, and a narrow road with a bridge over the RR in poor condition.

The development would be primarily 1 and 2 bedroom condominiums with 10% set aside for affordable units. It will include limited parking in a basement and first floor garage, given, the developer claims, the increasing number of young buyers who don’t want or own cars.

+Maxville (continued)

The neighborhood is up and arms. “Save our neighborhood now” signs pop up across many lawns. People are worried about traffic, affordability, and aesthetics. People are worried about families with young kids adding to the already overburdened schools. The mayor is accused of cutting back room deals, maybe ones involving money changing hands.

The developer submits all materials on time and in good condition. She asks for a fair hearing. She points out that with cleanup and development costs, the development must be both compact and dense. She also points out, at a certain scale, she can improve the community with additional amenities.

+What do you do?

What’s the “problem”?

+ Mutual Gains Approach to Land Use Conflict

+Guiding Process Principles

Engage early

Listen and learn first

Build on interests, not positions

Design and build an effective process

Involve many, not just a few

Learn jointly

Use a skilled facilitator

Build relationships for the long-term

Be transparent Be responsive

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1. Assessing and understanding the stakeholders, issues and interests

2. Designing a process for collaboration

3. Facilitating deliberation

4. Implementing agreements

Stages in the MG Framework

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Basic Steps in Assessment Initiate an assessment. Design the assessment. Interview stakeholders. Analyze and present the findings. Decide whether to proceed. Design the process. Share the results.

Assessing and Understanding the Stakeholders, Issues, and Interests

+Beyond Assessment

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Design the process with, not for the people. Undertake an assessment. Select the participants carefully. Link collaborative process explicitly to formal decision-making. Provide multiple forms of participation to ensure full engagement. Ensure that technical support is professional, credible and

publically legitimate. Set specific timeframes and deliverables.

Designing a Process for Collaboration

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What should be the format for a community “dialogue?”

Who should pay?

Who should be invited to participate?

What should be the goals or desired products from the dialogue?

What is the role of the City?

Do you need a facilitator?

Designing the Process: Maxville

+Facilitating Deliberation

Beginning Phase

Middle Phase

End Phase

+Facilitating Deliberation: The Beginning Phase

Decide who will act as facilitator.

Establish norms of behavior and ground rules.

Balance confidentiality and follow open meeting laws.

Clarify how decisions will be made.

Create effective meeting agendas.

Use logistics to improve the chances of success.

Select the proper role for public officials.

Deal with parties reluctant to participate.

Engage the traditional and new media.

+Tips for Designing Effective Meeting Agendas

Develop clear, specific meeting objectives.

Center opening activities on stakeholder interests, rather than on technical presentations.

Engage people in specific tasks to keep focus and ensure productive conversation.

Use a variety of techniques, such as setting up large and small groups, “sticky walls,” round-robins, interactive seating arrangements, and poster board sessions to make meeting engaging and interactive.

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What would be a good design for an agenda for Maxville’s first meeting?

First Agenda: Maxville

+Logistical Considerations for Meeting Planners

What size room do you need?

Does the space have adequate heating or cooling for the time of the year?

Does the room have windows for natural light?

What would be the best room set up? (People around tables or in rows? Space for people to socialize? Space for people to meet in small groups?)

Do you need a PowerPoint projector?

Do you need microphones and amplifiers?

What type of food and drink should you provide?

What meeting materials will you hand out?

How will you communicate with parties between meetings?

+Facilitating Deliberation: The Middle Phase

Establish a constructive work plan.

Surface interests rather than positions.

Manage first offers.

Generate innovative ideas.

Deal with difficult people.

Build trust.

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You already have a first offer from the developer (i.e., the application): most everybody seems to hate it. What do you do?

What’s the best way to generate a set of creative ideas on scale, mass, aesthetics, community amenities, parking, traffic, noise and other issues of concern?

How do you set realistic expectations for the community about the economics/financing of development?

Deliberation: Maxville

+ Facilitating Deliberation: The End Phase

Use deadlines.

Generate packages of solutions.

Break through impasses.

Draft an agreement.

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The Steps of Implementation Incorporate the agreement into a proposal. Advise the decision makers during the require

process. Monitor implementation.

Chapter 7: Implementing Agreements

+Monitoring Implementation

Questions for Monitoring Implementation Who will track the project activities and progress once the

plan is approved? Who will communicate with stakeholders or the public

through what mode, and how often? What happens if there is a key staffing change? Will there be subsequent meetings? What will happen if conditions change unexpectedly? What is

the plan for discussing that?

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Discuss implementation early.

Keeps lines of communication open throughout implementation.

Clarify roles, responsibilities, and timelines.

Decide on timelines.

Decide on consequences.

Recommendations for Implementation

+ Maxville = MaxPak Somerville, MA

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1. Assessing and understanding the stakeholders, issues and interests

2. Designing a process for collaboration

3. Facilitating deliberation

4. Implementing agreements

Stages in the MG Framework