Two-Party versus Multiparty Negotiation

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Two-Party versus Multiparty Negotiation

• Chapter 6

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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

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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

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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

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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 1920s when built
• By the 1960s was obsolete
• Lanes too narrow for modern traffic
• Structure was disintegrating

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West Side Highway
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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

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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

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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

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West Side Highway

• Major section of the road was closed
• Detoured traffic increases noise, congestion, and
  air pollution on alternate routes
• Area residents protest

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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

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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

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West Side Highway

• Regional Plan Association initiates talks to
  Break standstill
• American Arbitration Association Provides
  mediator Donald Strauss

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West Side Highway

• Regional Plan Association took responsibility for
  selecting participants
• Classified groups by constituencies
• Business -Professional
• Environmental -Civic
• Ethnic -Labor

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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

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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

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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

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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

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West Side Highway

• Technical assumptions
• Under pressure to meet Federal Air quality
  standards
• How would new traffic patterns affect this?
• clean air doesnt get us anything !
• Rebuild or Repair
• Became polarizing issue
• Political and Economic Issues
• Who was going to pay the bill
• City wanted federal funding

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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

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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,
  one-third of the striped bass in the Hudson would
  not survive the dredging and construction process

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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)

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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.

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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.)

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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?

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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)

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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