NCJ Number
104062
Date Published
1984
Length
238 pages
Annotation
This volume evaluates methods of mediation and identifies policy changes that could improve the chances of resolving disputes over development projects through negotiation.
Abstract
Beginning with a discussion of the major issues that arise during negotiations, the volume considers the most common reasons negotiations fail. These include group dynamics, legal and institutional dynamics, and tactical aspects of bargaining and mediation. Other topics addressed are the mediator's role in bargaining, the exercise of discretion by the mediator, issues in the design of the mediation process, and prospects for negotiation. A comparison also is offered of ad hoc and formal negotiation processes and judicial approaches to resolving development disputes. Illustrative case studies are provided, including an indepth examination of the mediation efforts to prevent the Falkland Islands War. A major tenet presented is that despite its proven successes, development negotiation occurs so rarely because procedures for reviewing proposed projects channel development conflicts into adjudication. Additional factors complicating negotiations include that disputants often meet only once and community organizations have little training in bargaining. An analysis comparing development negotiations to international negotiations suggests the need for policy and laws that create incentives for resolution, help resolve impasses, and routinely produce agreemnets. Index and 114 references.