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Pre-Workshop Survey Results





Question 1: What collaborative processes does your bureau use?

BLM FWS IBLA BIA/IBIA NPS OEPC SOL USGS
Partnership
X
X
 
 
X
X
 
X
Collaborative Stewardship
X
X
 
 
X
 
 
 
Community Based Collaborative Problem Solving
X
X
 
 
X
 
 
X
Mediation
X
X
X
X
X
 
X
 
Facilitation
X
X
X
X
X
 
X
X
Joint Fact Finding
X
X
X
 
X
 
X
 
Alternative Dispute Resolution
X
X
X
X
X
X
X
X
Native American Consultation
X
X
 
X
X
 
 
 
Consensus Building
X
X
 
 
X
X
 
 
Public Involvement/Participation
X
X
 
X
X
X
X
 
Regulatory Negotiation
 
 
 
 
 
 
X
 
Strategic Outreach Planning
 
X
 
 
 
 
 
 
Team Building
 
X
 
 
 
 
 
 
Organizational Development
 
X
 
 
 
 
 
 

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Question 2: How does your bureau define each collaborative process that it uses? How is the process applied? And what resources are used?

Bureau of Land Management
Collaborative Process Brief Working Definition How it is Applied? Resources Used
Partnership
A partnership is a relationship between parties with a mutual interest to voluntarily share resources to accomplish work for the public good.
BLM has hundreds of partnerships at the national and local levels with a wide spectrum of interests in order to facilitate resource management and relationship building.
National Training Center, Partnership Coordinator, Partnerships with organizations that assist BLM with partnerships.
Collaborative Stewardship
The full participation and open engagement of communities of place and communities of interest in: identifying the vision and goals of how public lands will be managed, problem solving, and implementation of management plans, projects, and activity plans.
To date only to a limited degree in a few locations. Most of the focus has been on planning efforts. Some work at the project level.
The Partnership Series, Consultanta, Sonoran Institute, Community Vis, Red Lodge Clearing House, US Institute for Environmental Conflict Resolution, National Policy Consensus Center, Consensus Building InstitutePublic Policy Research Institute University of Michigan, Paul Politzer, National Stewardship and Partnership Coordinator, ADR Advisors in the States, Centers, and directorates, and Manager-Advisors in the States
Community Based Collaborative Problem Solving
A subset of the above
See above
See above
Mediation
Mediation is a process to reach a mutually satisfactory agreement resolving all or part of the parties' underlying interests, needs and priorities.
BLM is beginning to use mediation in both natural resource and personnel disputes.
US Institute for Environmental Conflict Resolution, Paul Politzer's office.
Facilitation
Process management.
Used in many meetings internally and externally.
BLM's National Training Center . BLM has a number of trained facilitators, and also uses numerous contractors.
Joint Fact Finding
Linking science with community.
Just beginning to use in planning. Is part of Community Based Stewardship training.
USGS, P Series
Alternative Dispute Resolution
Group of formal processes that include, arbitration, neutral evaluation, fact finding, mediation, nonbinding summary bench and jury trial. Informal engagement with communities; Federal, Tribal, and local governments; partners and other stakeholders; and customers in the workplace, with the goal of ensuring a successful outcome for Bureau decision making ("upstream strategies"). . .Although the primary emphasis is on prevention of conflict, BLM's ADR/ADR-based Collaboration initiatives also address more formal conflicts or disputes as well as those associated with formal administrative or judicial filings (protests, appeals, contests, Complaints/litigation, where the BLM's goal is to prevent, resolve, or mitigate adverse impacts to the Bureau where possible and to address all the parties' interests ("downstream strategies").
BLM has been increasingly using mediation. New strategies in ADR/ADR-based Collaboration and an extensive training program are being developed to enhance existing efforts with stakeholders or to undertake new initiatives.
US Institute for Environmental Conflict Resolution, Paul Politzer's office.
Native American Consultation
Effort to inform and involve tribes in actions that may impact their interests.
Required whenever BLM has an action that may impact tribes.
Native American Liaison Officer. Consultation training at BLM National Training Center.
Consensus Building
Effort to get parties to resolve differences, create value, and make agreements that are fair, efficient, and sustainable.
With a mediator
BLM's National Training Center, US Institute for Environmental Conflict Resolution, Consensus Building Institute, Paul Politzer's office, National Stewardship and Partnership Coordintor
Public Involvement and Participation
Includes our formal processes for gathering information from the public scoping, formal public meeting to provide information and get "input."
The primary practice in the BLM for engaging the public.
Public Affairs Offices at all levels, planning teams, training, planning contractors, etc.
Regulatory Negotiation
Working with interest groups (ususally in a formal process) to identify their issues and get their "input" in regulatory process.
When regulations are being developed or revised.
Office of Regulatory Affairs and program staff

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Fish and Wildlife Service
Collaborative Process Brief Working Definition How it is Applied? Resources Used
Partnership
Formal agreements that involve a mutually understood relationship between/among the FWS and an outside entity(ies) (e.g., Nongovernmental organization, Federal/State agency) to accomplish FWS mission and common conservation objectives.
Applied in virtually everything FWS does, but especially in efforts like "Partners" program, working with farmers and ranchers. The FWS has an extensive array of Memoranda of Understanding and Memoranda of Agreement with outside entities, as well as other types of relationships with its partners and stakeholders.
FWS programmatic and DCP staff; DOI Office of the Solicitor; Staff/legal counsel of partnering organization(s)
Collaborative Stewardship
 Work that occurs collaboratively between/among the FWS and an outside entity(ies) to achieve common goals
There is likely a high degree of overlap of activities involving partnership and collaborative stewardship. An example of collaborative stewardship may be the FWS Conservation Forums, which bring together stakeholders to address topics of mutual interest.
FWS staff; staff of National Conservation Training Center; professional facilitators
Facilitation
Formal management (by third party) of any collaborative stakeholder/public input process (e.g., Committee meetings, meetings with the public). Structured approach to enhance meeting management.
Facilitation assists in clarifying the purpose and goals for the FWS and involved stakeholders/public as collaborative processes are undertaken on a wide variety of issues. Applied to internal meetings and meetings with partners, especially after other processes fail.
FWS staff; Staff of National Conservation Training Center; professional facilitators
Mediation
Final effort to solve very difficult issues
Contact ADR trained staff or contractor to listen to differences and point out possible solutions
FWS staff; outside contractors
Native American Consultation
Defined by law and in other strategic documents that guide the FWS' work
The FWS consults with Tribes on a host of issues, including Endangered Species Act-related activities, activities on National Wildlife Refuges, and Fisheries Program activities.
FWS and DOI staff
Consensus Building
Achievement of a collective understanding by a group.
Using formally facilitated processes and more informal process, the FWS works to build consensus with stakeholders on a wide variety of issues (e.g., Sport Fishing and Boating Partnership Council "Partnership Agenda for Fisheries Conservation").
FWS staff; professional facilitators/project managers
Public Involvement and Participation
Formal and informal opportunities to engage members of the public in specific issues and/or the general mission of the FWS.
Like other Federal agencies, the FWS is mandated to provide opportunities for the public to participate in the review of many of the policies and regulations that shape the agency's work. In addition, there are numerous opportunities for public involvement and participation that are less formal (e.g., Friends groups/volunteers for National Wildlife Refuges and Fisheries Program facilities such as hatcheries).
FWS and DOI staff; volunteers; nongovernmental organizations

Consensus Building

??

Process to reach common ground and consensus with other government entities and other partners
Used to reach consensus with neighbors, partners and others on conservation actions
FWS staff
Organizational Development
Using behavioral science and systems theory to help organizations in strategic goal achievement
As requested by programs
National Conservation Training Center

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Interior Board of Land Appeals
Collaborative Process Brief Working Definition How it is Applied Resources Used
Mediation
Process in which neutral third party helps the parties/stakeholders in a dispute reach a mutually agreeable resolution to their dispute. It's voluntary and confidential (to the extent recognized by applicable law and/or policy).

We're developing an ADR pilot program for IBLA using negotiation, mediation, and joint fact finding to resolve appeals. We'll also be doing case assessments and possibly conflict assessments. We've also had facilitated meetings.

In house neutrals, US Institute for Environmental Conflict Resolution, other private neutrals, neutrals from other federal agencies
Facilitation
Use of third party neutral to help a usually large group of people address issues of common concern and reach a consensus on those issues. See above See above
Joint Fact Finding
Use of neutral third party to investigate/review factual disputes and suggest a finding on these facts. See above See above
Alternative Dispute Resolution
A range of processes used to resolve disputes outside of formal tradition, judicial and administrative litigation. See above See above

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Interior Board of Indian Appeals
Collaborative Process Brief Working Definition How it is Applied Resources Used
Mediation
The use of a neutral third person to assist interested parties to work through a conflict or dispute in order to, hopefully, reach an agreement as to how to proceed in a particular situation.
Mediation is frequently used when theree is a concrete conflict or dispute that is amenable to resolution among the parties, i.e., there is no legal impediment to the parties' creativity.
In house neutrals; contract neutrals, including both people learned of through word-of-mouth, and the US Institute for Environmental Conflict Resolution roster of neutrals.
Facilitation
The use of a neutral third person to assist interested parties to achieve a specific goal. The goal may range from getting through a particular meeting productively, to resolving a dispute.
Facilitation is frequently used when there is a desire on the part of the participants to achieve a goal at a particular meeting or workshop, etc. Facilitation helps free the participants from the task of recording notes, thereby allowing them to participate more fully in the discussion and to listen better.
In house neutrals; contract neutrals, including both people learned of through word-of-mouth, and the US Institute for Environmental Conflict Resolution roster of neutrals.
Alternative Dispute Resolution
A broad term encompassing a range of alternative processes to resolve disputes among parties -- alternative to traditional adversarial methods of dispute resolution, including, e.g., formal administrative appeal processes (such as in bureau appeal procedures and the Office of Hearings and Appeals) and the court systems. I tend to think of ADR as operating at the down-stream side of things, after a dispute has arisen, Of the list given under (1), I would include Mediation, Facilitation, and Joint Fact Finding as what I consider ADR. Others include arbitration, settlement judging, mini-trials, etc.
ADR is used to resolve disputes in a less adversarial manner, and hopefully to build rather than harm relationships, allow more creative resolution of issues, allow more global resolution of issues, and provide more lasting resolution of issues. In some, but not all, cases, ADR may be quicker and cheaper, but that should not be the prime goal -- the things listed first should be.
In house neutrals; contract neutrals, including both people learned of through word-of-mouth, and the US Institute for Environmental Conflict Resolution roster of neutrals.
Native American Consultation
A specific form of public participation aimed at providing an opportunity for American Indians and Alaska Natives to have input into programs intended for their benefit and into other matters which directly affect them. Consultation is an aspect of the government-to-government relationship between tribes and the federal government and is a recognition of tribal sovereignty and right of self-determination.
Consultation is used whenever a federal agency takes an action that will affect American Indians or Alaska Natives. It should be a genuine exchange between the federal agency and the affected tribe or tribes, not just a statement that "this is what we are going to do to you."
Generally, employees of the federal agency involved. The use of outside neutrals, such as facilitators, however, can improve the exchange by allowing the federal employees to be free from the responsibility of taking notes, thus allowing them to listen better.
Public Involvement and Participation
Checked this because Tribal Consultation is a form of it.
 
 

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Office of Environmental Policy and Compliance
Collaborative Process Brief Working Definition How it is Applied Resources Used
Partnership
Joining with other organizations as equals to achieve a goal or set of goals.
Greening Partnership -- PAM and MRPS
OEPC staff
Alternative Dispute Resolution
Using non-judicial means to settle disputes usually with a mediator
OEO case
DOI staff
Consensus Building
A voluntary process whereby entities come together to seek solutions to problems or issues that all can "live with."
Production of Environmental Statement Memoranda
OEPC staff
Public Involvement and Participation
A variety of ways that the public can have influence on decision making. The variety ranges from public meetings to letter writing and influence can range from having comments considered to a seat at the table or veto authority.
Held public meetings to get input on revisions to DOI's NEPA procedures.
OEPC staff

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US Geological Survey
Collaborative Process Brief Working Definition How it is Applied Resources Used
Partnership
A relationship that involves equal status for both parties working in collaboration toward a shared goal.
Partnering occurs between the USGS and other agencies and in some cases, with universities or other entities. In my project work, we are partnering with DOI agencies to collaboratively define the science questions tht USGS can address.
MOU's
Community Based Collaborative Problem Solving
A process by which citizens and other interested parties come together and collaborate with agencies representatives to explore ways to find common ground as an approach to solve what are often contentious problems.
I participate as a science instructor in the BLM Community Based Stewardship Courses, which uses the principles of community based collaborative problem solving.
BLM Community Based Stewardship Courses; MOU with MIT/CBI
Facilitation
Guided meetings to help a group achieve its stated goals.
Frequently used in meetings within the USGS.
A variety of sources within the USGS. Sometimes employees who have developed some skil in facilitation
Alternative Dispute Resolution
An attempt to find a way to bring disputing parties to the table so that both sides see the perspective of the other party. The goal is to address disputes from a broader perspective, and to help the parties develop a working relationship that can help them deal with disagreements more constructively in the future.
Used within the USGS when managers determine that a disagreement among employees might benefit from a guided attempt to resolve differences.
Headquarters and Regional Human Resources Offices offer ADR services.

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Office of the Solicitor
Collaborative Process Brief Working Definition How it is Applied Resources Used
Partnership
An ongoing collaboration with a group of stakeholders with interests in a particular resource or issue. A partnership provides citizens with the opportunity to participate in the mission of the bureaus; increases support for, and helps to build a constituency for, the work of the bureaus; and leverages resources of both the bureaus and their partners.
This process might be used in the Solicitor's Office in two general situations: 1) where a client bureau seeks to establish a partnership and requests legal assistance in creating ro implementing the partnership; or 2) where a group of plaintiffs initiate a series of lawsuits regarding the same or substantially similar issues and establishing a partnership may be a way to resolve the issues preemptively and collaboratively with interested parties
The Solicitor's Office is in the process of developing a Partnership Primer, which could sere as a guide. We can also consult with CADR.
Collaborative Stewardship
Managing resources cooperatively
 
 
Mediation
The use of a neutral to assist parties to undertake a voluntary process of identifying interests and conducting joint problem-solving to reach a solution for a specific dispute that would work for all of the parties.
At the current time, this process is most commonly used when a court orders parties in litigation to undertake mediation. It is also used when parties in litigation seek the process themselves. It may also be used when parties identify a problem, but before they seek legal recourse. However, this approach is not generally taken in the ordinary course of business.
The US Institute for Environmental Conflict Resolution, CADR, DOJ's Office of Dispute Resolution, ADR ACt of 1990 and 1996, Departmental ADR Policy (1996), DOJ ADR Policy, Federal ADR Council Guidance on Confidentiality, Court provided or court suggested neutrals, John Bickerman, CDR Associates, Donald Yee (Federal Facilities Manager, EEOC in Seattle), Dick Andrews (CORE specialist, USGS), Nancy Pimenthel (NPS) for personnel disputes not involving NPS, EPA's ADR Office
Facilitation
Similar to mediation, but more complex, involving multiple parties, and addressing multiple issues that may or may not be in dispute.
The Solicitor's Office would probably be more likely to use this particular process for conducting meetings with a number of parties or in conjunction with collaborative or public participation processes

The US Institute for Environmental Conflict Resolution, CADR, Court provided or court suggested neutral, EPA's ADR Office (i.e., David Batson)

Joint Fact Finding
My understanding of this process is that it is a process in which parties in a dispute agree on an expert to undertake a review of the relevant facts in a case. This could also be used as part of a collaborative process even if no particular dispute or litigation is at issue.
The Solicitor's Office would be most likely to use this process in the context of litigation involving disputes that rely heavily on scientific or factual information.
The US Institute for Environmental Conflict Resolution, CADR
Alternative Dispute Resolution
A voluntary process that encompasses a variety of dispute resolution methods that are used to resolve disputes in lieu of traditional adjudicative or adversarial methods. ADR typically involves the use of a third party neutral who assists the parties to design and conduct a process to find mutually acceptable solutions to resolve their disputes. ADR can include, but is not limited to, processes such as conciliation, facilitation, mediation, joint fact-finding, early neutral evaluation, binding and non-binding arbitration or mini trials. Such approaches usually favor "interest based" rather than "position based" approach.
In the Solicitor's Office, ADR is typically used to resolve or manage disputes that are, or may be, the subject of administrative or judicial litigation where unassisted negotiation has not been, or is likely not be, successful. Solicitor's Office attorneys may also be called upon to assist client bureaus in using ADR to prevent potential disputes upon request.
The US Institute for Environmental Conflict Resolution, CADR, DOJ's Office of Dispute Resolution, ADR ACt of 1990 and 1996, Departmental ADR Policy (1996), DOJ ADR Policy, Federal ADR Council Guidance on Confidentiality, Court provided or court suggested neutrals, John Bickerman, CDR Associates, Donald Yee (Federal Facilities Manager, EEOC in Seattle), Dick Andrews (CORE specialist, USGS), Nancy Pimenthel (NPS) for personnel disputes not involving NPS, EPA's ADR Office
Native American Consultation
Discussion between tribal and feds re: fed action that may impact tribal interests.
Regional Solicitor's Office advises on consultation with Indian tribes
 

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