Draft Glossary of Terms
Alternative Dispute Resolution:
There are many ways to resolve conflicts - surrendering, running away, overpowering your opponent with violence, filing a lawsuit, etc. The movement toward Alternative Dispute Resolution (ADR), sometimes referred to simply as conflict resolution, grew out of the belief that there are better options than using violence or going to court. Today, the terms ADR and conflict resolution are used somewhat interchangeably and refer to a wide range of processes that encourage nonviolent dispute resolution outside of the traditional court system.
Source: ASSOCIATION FOR CONFLICT RESOLUTION
Collaborative stewardship is a process of scientists, government, and citizens working together to agree upon and attain goals and objectives that are environmentally responsible, socially acceptable, and economically viable
Source: USDA FOREST SERVICE
Collaborative Problem Solving:
In collaborative problem solving, parties work side by side to solve the problem together. Rather than negotiating from opposing positions, the parties, through a number of different techniques that we will describe, identify problems in terms of interests.
Source: CONFLICT RESEARCH CONSORTIUM, UNIVERSITY OF COLORADO, USA
A Community-based Collaborative is a group that: Has been convened voluntarily from within the local community to focus on a resource management issue(s) or planning involving public lands or publicly owned or regulated resources whose management impacts the physical, environmental and/or economic health of the local community; was brought together by a shared desire to influence the protection and use of natural resources through recommendations or direct actions that will impact the management of the resource; has membership that includes a broad array of interests, some of which may conflict; and utilizes a decision-making process that requires participation by local stakeholders.
Source: THE COMMUNITY-BASED COLLABORATIVES RESEARCH CONSORTIUM, A PROJECT OF THE INSTITUTE FOR ENVIRONMENTAL NEGOTIATION
Consensus building is a process of seeking unanimous agreement. It involves a good-faith effort to meet the interests of all stakeholders. Consensus has been reached when everyone agrees they can live with whatever is proposed after every effort has been made to meet the interests of all stakeholding parties. ... Most dispute resolution professionals believe that groups or assemblies should seek unanimity, but settle for overwhelming agreement that goes as far as possible toward meeting the interests of all stakeholders.
Source: THE CONSENSUS BUILDING HANDBOOK, pp. 6-7
Facilitation is a meeting management skill. ... As the parties try to collect information, formulate proposals, defend their views, and take account of what others are saying, a facilitator reminds them of the ground rules they have adopted and, much like a referee, intervenes when someone violates the ground rules. The facilitator is supposed to be nonpartisan or neutral.
Source: THE CONSENSUS BUILDING HANDBOOK, p. 7
A facilitator is a third party who helps the disputants to stay focused on working toward their common goals by following the agreed-upon ground rules. The facilitator takes a less active role in helping the parties find a solution than the mediator would.
Joint Fact Finding:
In joint fact-finding, the experts and the constituency groups that they represent develop and implement a joint strategy for answering the key policy questions, based upon generally agreed-upon scientific methods. It is commonly understood that the experts do not have to reach agreement on every issue. Their primary goal is to clearly separate the issues upon which they can agree from those which are still subject to debate and then report their findings to the parties. Here it is important for the experts to explain their findings in ways that non-experts can understand. Points of agreement can then provide the parties with a more informed basis for resolving the dispute.
Source: CONFLICT RESEARCH CONSORTIUM, UNIVERSITY OF COLORADO, USA
In a collaborative process, not everyone will have the same amount of knowledge or information about the problem or issue. While one of the benefits of collaboration is working with people with diverse viewpoints and backgrounds, it also means people will interpret information differently. The purpose of joint fact-finding is to develop shared knowledge about the problem. It is a tool that negotiators can use to guide the process of gathering information, analyzing facts, and collectively making informed decisions.
Source: MANAGING NATURAL RESOURCE DISPUTES - NO. 8, MARLENE REBORI, WESTERN AREA COMMUNITY DEVELOPMENT SPECIALIST; LORETTA SINGLETARY, CENTRAL AREA EXTENSION EDUCATOR; ANN BALL, SPECIAL ASSISTANT TO THE REGIONAL DIRECTOR, BUREAU OF RECLAMATION
Mediation: Mediation is a process in which a third-party neutral, whether one mediator or more, acts as a facilitator to assist in resolving a dispute between two or more parties. It is a non-adversarial approach to conflict resolution, where the parties generally communicate directly; the role of the mediator is to facilitate communication between the parties, assist them in focusing on the real issues of the dispute, and generate options for settlement.
Source: DISPUTE RESOLUTION CENTER, HARRIS COUNTY, TEXAS
Mediation: the act or process of mediating; especially: intervention between conflicting parties to promote reconciliation, settlement or compromise.
Source: 14th CENTURY DEFINITION
Native American Consultation: Since 1990, a growing number of statutes and executive orders specifically require federal consultation with Indian tribes. The common meaning is to ask advice of someone. A person may consult with a spouse before making reservations for a family trip; with an accountant before filing a tax return; or with an attorney before signing a contract. These individuals are not selected randomly: the spouse is familiar with the affairs of the family, the accountant knows the tax code, the attorney is expert in contract law. Each is in a position to inform the decision.
Source: NATIONAL PARK SERVICE ARCHAEOLOGY AND ETHNOGRAPHY PROGRAM
Consultation is the active, affirmative process of: (1) identifying and seeking input from appropriate American Indian governing bodies, community groups and individuals and (2) considering their interests as a necessary and integral part of the ... decision making process. This includes, but is not limited to: prior to taking any action with potential impact upon American Indian and Alaska native nations, providing for mutually agreed protocols for timely communication, coordination, cooperation, and collaboration to determine the impact on traditional and cultural life-ways, natural resources, treaty and other federally reserved rights involving appropriate tribal officials and representatives throughout the decision-making process, including final decisionmaking and action implementation as allowed by law, consistent with a government to government relationship.
Source: NATIVE AMERICAN CONSULTATION GLOSSARY
Negotiation is a basic means of getting what you want from others. It is back-and-forth communication designed to reach an agreement when you and the other side have some interests that are shared and others that are opposed.
Source: GETTING TO YES - FISHER, URY, AND PATTON
An association of two or more people who agree to share in the profits and losses of a business venture.
Source: NATIONAL FUTURES ASSOCIATION
A Partnership is a relationship between two or more entities wherein each accepts responsibility to contribute a specified, but not necessarily equal, level of effort to the achievement of a common goal. The public and private sector contributing their relative strengths to protect and assure the continued operation of critical infrastructures.
The term "public involvement" is used in this Policy to encompass the full range of actions and processes that [are used] to engage the public ..., and means that [decision-makers] consider public concerns, values, and preferences when making decisions. The term "the public" is used ... in the broadest sense to include anyone, including both individuals and organizations, who may have an interest in a ... decision.
Source: U.S. Environmental Protection Agency Public Involvement Policy
The involvement of citizens in governmental decision-making processes. Participation ranges from being given notice of public hearings to being actively included in decisions that affect communities. See community collaboration.
Source: MOBILIZING FOR ACTION THROUGH PLANNING AND PARTNERSHIPS (MAPP)
Any process that involves the public in identifying issues or decision-making and uses public input to make decisions
Source: INTERNATIONAL ASSOCIATION FOR PUBLIC PARTICIPATION (IAP2)
Regulatory Negotiation, or Negotiated Rulemaking:
Negotiated rulemaking (or Neg/Reg) is a voluntary process for drafting regulations that brings together those parties who would be affected by a rule, including the Government, chartered as an advisory committee under the Federal Advisory Committee Act, to reach consensus on some or all of its aspects before the rule is formally published as a proposal. An impartial mediator is used to facilitate intensive discussions among the participants, who operate as a committee open to the public. Regulations drafted using this process tend to be more technically accurate, clear and specific, and less likely to be challenged in litigation than are rules drafted by the agency alone without input from outside parties. As companion legislation to the Administrative Dispute Resolution (ADR) Act, the Negotiated Rulemaking Act was enacted in 1990 to encourage federal agencies to use this process.
Source: U.S. DEPARTMENT OF LABOR, OFFICE OF THE SECRETARY
Robert's Rules of Order:
A set of rules for nonlegislative assemblies throughout the country to assist an assembly to accomplish the work for which it was designed, in the best possible manner.
Source: ROBERT'S RULES OF ORDER, MODERN EDITION, PREFACE BY DARWIN PATNODE