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Summary of Discussions



Expectations
Ideas for the Framework
Adaptive Management / Negotiated Rulemaking
Public Outreach / Organizational Development
Active (learned) vs. Passive Skills (behavioral / intuitive)
What should the proposed tool achieve?
Who needs to use the proposed tool?
Impediments to Good Collaborative Process
FACA


Discussion: Expectations

  • Graphic of collaborative processes
  • Learn from each other, create model
  • Partnering with others
  • Take away addtional skills
  • Understand what's happening throughout DOI
  • Processes to further coordinate inter-agency efforts
  • Impetus to produce products
  • Improve existing training
  • Learn more about range of tools
  • Get to know folks, opportunities for collaboration across departments
  • What we all do, partnering opportunities
  • What everyone is doing, how to use
  • Understanding impediments
  • Understand terms, processes, strategies, especially for field offices
  • Develop framework for gambit of processes
  • Training ideas
  • How we all fit together
  • Tribal consultation in relation to other processes
  • Identify what's out there, provide advice/referral to ADR/collaboration
  • Getting out in front of problems
  • Basic training in public participation, NEPA before in front of public, diagram of where to go
  • How collaboration/conflict resolution related to mangement competencies
  • Performance review and collaboration
  • Avoid inefficiencies
  • Be more instrumental in ADR solicitor's office
  • Learn from others/build relationships
  • Learn more and later use
  • Keep current on innovations
  • Sharing cross bureau
  • Share information between departments
  • Better coordination
  • Scope of ADR better descriptions
  • Improve skills-bring back
  • When to use processes
  • Understand processes
  • What alternatives are available
  • Improve efficiencies through better understanding
  • See gamut of processes and how organizational development can marry those

Discussion: Ideas for the Framework

  • Stewardship - overall goal (goal/outcome?)
  • Difficulty of hierarchies/subtopics
  • Collaboration as mindset for any number of tools/strategies - a way of doing business
  • Is ADR more than mediation, fact finding
  • Is organizational development a collaboration strategy
  • Purpose of framework for whom? What?
  • Place-based community/ecosystem, stewardship/partnership/collaboration
  • Community engagement/involvement, unique communities and special needs, diverse tools as related to audiences
  • Inform, consult, etc. Chart (these are not mutually exclusive)
  • Public outreach/information as underpinning
  • What are goals trying to meet?
  • Planning worksheet: "my goal is. . ."? Which tools for what end? Stages - where are you?
  • 2 approaches: goal oriented chart, culture structure issues
  • Involvement - careful use/what does this mean/how much devolution?
  • Enforcement/permitting?

Discussion: Adaptive Management / Negotiated Rulemaking

  • Decision-based processes, policies, plans, regulations
  • Activity based processes, leverage process
  • Terms bleed into one another
  • Intent/purpose, Stewardship, other
  • ADR and public participation broad and multiple definitions

Discussion: Public Outreach / Organizational Development

  • Joint Fact Finding, Strategy or tool?
  • Advisory committees, strategy or tool?
  • Multi-party monitoring
  • State/Fed agency consultation
  • Ultimate goals/intents?

Discussion: Active (learned) vs. Passive Skills (behavioral / intuitive)

  • Recognize needed competencies for specific activities. What is core for specific processes?
  • How do you create them and measure them
  • How to incorporate into culture. Outside the box vs. outside the culture. Impact of organizational structure


Discussion: What should the proposed tool achieve?
  • Common language and terms
  • Evaluate goals/intents
  • What tools, resources, strategies to apply
  • Understand what the decision space is
  • To empower users to use/apply tools (CYA)
  • To understand creative options
  • Provide context - relate to similar situations, precedents cross-reference use terminology
  • Understand legal viability
  • Legal and policy considerations
  • What resources will they need to apply process and some connection on how to get them
  • Who to call for help
    • The resource guide w/ strategies + tools - link to web
  • How to apply the specific program issues - tie to case studies
  • Reality check on appropriate level of collaboration
  • When not to collaborate, how to determine switch
  • Appropriate roles of DOI staff
  • How to promote ADR when already in litigation
  • Push application of collaboration upstream
  • Consistency of messaging
  • Solicitor position paper on roles and advice
  • Goal orientation, why are we doing collaboration?
  • Tool needs to be consumer friendly
  • All collaborative processes are interest based
  • Collaboration is a choice
  • Fluid, flexible tool
  • Surface conflict early is good
  • Could have 95% success and still end up in dispute
  • Start from where we are, training, explaining, selecting are purpose of tool
  • Include conflict scenarios, not just collaboration
  • Skills will also be along spectrum
  • Intersection of ADR and Collaboration
  • Are we assessing what we could have done differently and impacts of non-collaboration
  • Line where collaboration crosses over into dispute

Discussion: Who needs to use the proposed tool?

  • Training instructors/training program people
  • Field staff
  • Field managers
  • Attorneys/solicitors, role in training? Consulting then process
  • The public/stakeholders
  • Senior headquarter managers
  • Other agencies/bureaus
  • Disputants and their counsel

Discussion: Impediments to Good Collaborative Process

  • Resources = money, expertise
  • OMB paperwork reduction
  • Performance Review criteria
  • Time
  • Budgeting/coding/planning process
  • APA when formal process quicks in role of facilitator
  • FACA requirements - LONG SHADOW
  • 4Cs relation, need better understanding
  • What about negotiation as part of ADR?
  • Chairs or facilitators
  • Culture: hiring, skills, perf reviews, money, resources
  • Underlying principle: Clarity and honesty
  • Survey limited to who filled it out - tool only
  • Communication between field and headquarters
  • Who is the public/stakeholder(?)
  • Adaptive management and those processes(?)
  • Level of expectation post-collaboration - degree of influence, stability of influence, how and how not?
  • Defining success of those processes and job performance related to collaboration
  • Dispute resolution from ADR - distinguish classical legal process (settlement, negotiation) and ADR
  • Resources - mentors, training already available, outside resources
  • Strategy vs. tactics
  • Fixing problems of solving and preventing them

Discussion: FACA (Federal Advisory Committee Act)

  • Don't forget OMB, APA, other
  • Come early - late turns molehill into mountain
  • Impediment or friend?
  • Clarity and guidance
  • Perception, practicalities, loyalties - demystify
  • Add to trainings
  • Cultural change
  • Long shadow
  • Headquarters to field and back on this