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Introduction:
Do the American models of consensus building and
problem solving work in international settings?
Larry Susskind, co-director of the Public Disputes Program at Harward Law School,
says that he typically gets help from a local partner organization in order to tailor the model to
each individual cultural setting.
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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 International Context
Larry Susskind
Co-Director of the Public Disputes Program, Inter-University Program on Negotiation at Harvard Law School
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In the international arena, the front-end obstacles are the most formidable.
People don't know what the hell this is and they confuse mediation with
arbitration. They think someone's coming from outside to tell them what to do
and they don't want that. The whole conception of a democratic process seeking
to produce an informed consensus takes an immense amount of time and energy to
explain it and nobody is covering your costs when you're out there trying to
explain that. Then you got to build partner organizations and their capacity, so
you can tailor things to fit the cultural and institutional setting. That takes
more time and resources before there's even any decision to go forward. The big
institutional obstacles and difficulties is getting this stuff off the ground
still.
...
But in general in the places we've been able to move dispute resolution
forward is almost exclusively in the democratic context. There's a legal system
that works and people are fed up that the legal system or the political system
is not producing any answer. Having no answer is not great for a lot of the
parties and we come and describe the process of dispute resolution. Of course,
it's very hard to fathom because there's no tradition of public participation,
no tradition of public dialogue, no tradition of collaborative problem solving.
They want to know what this is, and so we don't ever bring an American model to
another place and expect them to do this following the model here.
What we do is we usually have a partner or a partner organization and through
them we interpolate. We try to come up with something like a convener, something
like a conflict assessment, something like a team of neutrals, something like a
collaborative process and something like an ad hoc procedure for implementation.
But it's very highly tailored to the circumstances and on any of the pieces I
described it could look very different from what people are used to seeing in
the US. That's why we almost only work with partners and then backstop those
partners. That is why the process looks so different and takes different amounts
of time. In general if you step back far enough and squint, it'll look like some
kind of collaborative problem solving with ad hoc representation of all the
stakeholders and something like a neutral or a team of neutrals producing a
written document that takes the form of advice or recommendation, but it doesn't
substitute for formal governmental decision-making. So in one respect you could
say we don't change the model. Yet in another respect we can say we highly
tailor the way the model is developed and applied in each context, and we get
the help we need to do that in each place.
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