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Introduction
Planning in any sector entails forecasting on developments and laying strategies on how to react to these developments when they fall due. It should therefore be done carefully and skillfully in order to avoid conflicts that may arise in future following the developments. In public sector, the urban and regional planning process the necessary measure need to be put in place so that they do not evoke conflict in future.
According to Campbell, “Given that conflict and conditions of uncertainty are endemic to planning, planners have to adopt many different roles in their practice in order to be effective in planning” (Campbell, 2003). They need to embark much on dispute resolution. Land use, environmental, and other public policy disputes resolution have become as one of the key duties of the planners.
Disputes of this kind usually become resistant to resolution and planners need to have the necessary skills in order to solve them. In most cases, the planners have some special training and abilities that make them good mediators of this kind of conflicts.
The nature of these kinds of conflicts calls for effective conflict management in planning. This paper seeks to identify the knowledge, skills and ethical considerations required for effective conflict management in planning. The paper will also discuss the strengths and limitations of conflict management in planning as well as cross cultural considerations.
Knowledge required for effective conflict management in planning
Environment and public policy disputes may take different forms. The first form is the disagreements about facility sitting issues that may arise. They may also arise from the policies made regarding the environment. Also, the level of the environment risk that the public is experiencing may cause the disputes. At all these scenarios, the planner must have the necessary knowledge in order to manage the conflict.
Firstly, the planner must have the knowledge of the possible kinds of conflict that may arise in the course of planning. The people who are likely to be affected by the plan need to be taken into consideration during planning. Forester (1999) listed some cases of conflict that are likely to arise.
For example, a local church may find itself facing resistance from local neighbors in their attempt to put up a home for a highway house. A local government may face pressure from environmentalists concerning protection of open spaces. The planner therefore must try to understand the groups that are likely to act against the plan being carried out.
It is required that the planner exercise neutrality or impartiality or independence when managing public policies disputes. In many cases the disputes require someone who has no vested interest at all. The ability to resolve the various environmental disputes will depend on the skills of the planner to manage any contentious issues.
The planner neutrality is the most critical factor that can distinguish mediation from other dispute resolution processes. There are of course challenges that faces planners who want to exercise neutrality including maintaining long term management of the process while maintaining good communication with all parties as well as the pressure for a resolution which increase with time.
It should also be noted that planners work for the government which is an interested party and not a neutral arbiter in any panning dispute. Planners should always explore the concept of neutrality and impartiality from the outset so that realistic expectations can be developed (Elix, 2005).
Think of the following scenario: A city has been rapidly been developed and its infrastructure including roads, water and sewer system are under threat. And that the community is worried of such development. The planners must lobby for new laws that will safeguard the interest of the public as well as using analytical tools to explain the benefits that will be gained through growth controls.
Mediation should be included as a method of dispute resolution in planning statutes. All the planning agencies should familiarize themselves with mediation as well as consensus-building practices (Susskind, 1995).In any effectively managed dispute all stake holders are always involved. The interest of all must be adequately considered to avoid undermining the agreement achieved.
Effective city council planners/planning consultants involved in solving dispute must gain trust form other parties by demonstrating impartiality as well as keeping commitment. Effective conflict management in planning begins before the conflict arises.
The planner gathers the necessary information before submitting the plan to the authorities. They consider the people who are likely to be affected and the resources required for the plan to be actualized.
City council/state planners should be aware of their roles to be able to manage conflict. They should be well informed with the activities happening within a particular city or area. Information enables the managers to make well informed decisions (Susskind, 1995 p16).
When planning, city council planners or other private planners should gather information concerning the environment. The information will inform their decision making process. The planners should also be aware of relevant information and consider sharing it with others.
In line with Minnery (1985), all the parties should be involved in the mediation before any agreements are forged. If one of the parties is left out, they may choose not to cooperate and extend the conflict further. The parties are to be represented equally in any negotiations.
Lovan (2004) states that; planners as well as private developers should consider doing research before they make decisions. Gathering information may involve contacting the government agencies and city councils to obtain necessary information on a certain subject. Moreover, more information may be obtained from other stakeholders who have vested interest in the development plans.
Tow and Stubbs (1997) argue that the planners should be aware of all the processes and procedures of approving constructions or any kind of development set out by the city council or any other government agencies. Gaining an understanding of the available resources and particular tools of the organization facilitates their planning process so that the conflicts realized are minimal.
Effective conflict management in planning should be guided by a purpose as Maclellan (5) points out. The purpose should be communicated to all parties. Their expectations should also be realistic. The rules can be communicated so that the conflict is managed with understanding.
The aim should be focusing on the overall and long term outcome. Stating the purpose of the conflict management makes the decision makers be able to point out the most important issues.
Rules of conduct can be established in conflict management as Heil (1) points out. The parties receive rules that direct them to listen and not interrupt others during the negotiations. The mediator or facilitator should not make any decisions. The parties gain trust when the mediator shows commitment.
It is necessary to allow parties show their distress emotionally in an orderly manner. People can speak for self without being represented. It may be necessary to acknowledge the grievances before going ahead with the process of negotiation.
Skills required for effective conflict management in planning
Communication skills come in handy in resolving disputes and conflict management. The mediators or the facilitator who take part in dispute resolution should be a person who is keen to listen and able to express himself in a more professional way.
The mediators must always communicate the progress made to the disputants. According to Forrester (1999)”They must be close enough to listen but far away to manage the process. They are required to be sensitive enough to understand and but hard enough to ask hard questions” (Forrester, 1999 p194).The process requires mediators to be careful in sharing information to avoid offending the others.
The mediator establishes communication standards throughout the process. Good communication skills set a platform for the future. If good communication can be set out from the onset the disputants can be able to handle most of the issues without involving the mediators.
The facilitators in any dispute meeting must allow frustrations and emotions to be expressed but this has to be controlled effectively through active listening (Victorian Gorvernment, 1997 pg 5). Mediating and facilitating a negotiation aims at making a meeting fruitful. The duty of the facilitator is to ensure that the parties make progress in solving the problem peacefully and with understanding.
They can give suggestions when the situation is not making any progress. In some situation the solution may be in form of arbitration, where the mediator solves a problem with the consent of the party.
Elix (2005 p115) mentions that decision making skills and interpersonal skills are important in conflict management in planning. A wide range of options are analyzed before settling on a decision. The mediator assists the parties to come up with different options of solving the problem from which they begin their problem solving.
Organizational skills are important for effective management in planning. Organization involves allocating human resources and material resources to attain the overall objective of the conflict resolution process.
Organizing may take different forms. To effectively manage conflict, the city council may choose to distribute the activities depending on the function, geographical location and divisions. City councils can select independent mediator or facilitators.In such situation mediators/facilitators are empowered to make decisions (Munoz 24).
Leadership skills are necessary for effective conflict management in planning. Mediators with leadership skills are knowledgeable and can teach others. They are able to analyze situations, provide guidance and represent ideas. Conceptual skills make it possible for mediators/negotiators to see a particular process as part of the overall objective. The skills help in making long term goals as well as assist in solving issue that arises.
Relationship skills are essential. The process of planning is an interactive process that largely depends on communication. The ability to maintain healthy relationships enables a planner to make plans with the support of others more easily. The planner can stay open minded and welcome interaction with other parties (cater 2010).
Ethical consideration required for effective conflict management in planning
Forester (196) mentions that mediators and facilitators should avoid telling the parties in disputes what to do. Their role is to facilitate investigation, consideration and negotiations. They should enable the disputing parties make progress without dictating what ought to be done.
Parties who chose to abide with mediation have to subscribe to the civilized mediation. Margerum (179) says that, in mediation, no party can impose a solution on the other. Mediation is a voluntary exercise and any of the parties can choose to withdraw at any point.
The mediator can only facilitate and should avoid commanding a solution. Mediators or facilitators should learn the art of listening. It is inappropriate to dismiss any party before letting them give their views on a particular subject.
Strengths
Forester (1999, pg159) states that conflict management in planning enables mediator to recognize areas of essence to diverse parties. What is more is that the parties are stretched to their limits before turning to other alternatives. Consequently, it is possible to make a judgment on the values and the bottom line of a specific party.
Margerum (185) says that conflict management in planning encourages city council make appropriate rules that are necessary for resolving conflict. Ideas emerge as a result of resolving problems through negotiation or mediation. Such ideas may be implemented to prevent and solve conflicts. Furthermore, negotiation or mediation enlightens those planning on the approaches that are likely to be accepted.
Planning makes different parties understand the important subjects. As a result, conflict can be prevented if different parties with conflicting interests are in harmony. Planning becomes successful if important issues are given priority by conflicting interests. Decision making process is supported and respected (Munoz 24).
Mediation encourages the participation of all the parties. The facilitator and mediator may approach the problem solving practice in an informal setting hence; the parties may have a greater chance of expressing themselves.
The process is viewed as credible since needs and the content of dispute are given priority. In addition, the solutions given in the process are likely to be long lasting than if the problem was solved in a court of law without mediation. The process enlightens those involved on different needs and interests which require attention (Innes and David 412).
Weaknesses
Allowing the parties express their emotions may not yield results. Human beings may not be able to see all the possible outcomes (Stubbs 361). Others can fail to make clear distinction of emotions. Consequently, the process can take long and become costly. The interventions may be imposed if the parties fail to agree or come up with a solution (Maclellan 7).
More so, the process largely depends on a skilled mediator or facilitator. Mediation may overlook the distribution of power in a society. The differences in power may be addressed in a court of law hence; the mediation process lacks the ability to distribute power adequately. Since mediation is confidential, some issues in the society may be overlooked.
Cross cultural considerations
Forester (196) argues that mediators and facilitators should be aware of the diverse stereotypes each party holds. They may analyze the differences in social and cultural background to gain understanding.
Public disputes involve a large number of parties as Campbell (365) discusses. The issues may also be diverse and repetitive from time to time. Representation is also a challenge since the selection process may take long. The future generation may be underrepresented since they are young.
The parties have diverse interests because of social and cultural differences. The planner can understand their diversity before making any progress to understand their values and beliefs. Historically, the parties are also diverse and the problems presented may have a foundation in unresolved problems in the past (Susskind 16).
Carter (204) notes that cultural diversity may challenge the problem solving techniques. An investigation on people’s heritage and sacred life is important. Different cultures give different meaning to different objects.
Conclusion
Conflicts are inevitable when it comes to urban planning and especially where more parties including the public, government and private developers are involved. The city council, planners and private developers must work together to avoid issues that may lead to conflict.
In as much as the city council would like to approve more development plans it must be keen in evaluating the environmental issues that can arise as a result of such development. In cases where conflict arise then a good method of resolving the dispute should be forged to take care of interests of the parties including the public.
Good communication should be established between the parties to ensure that a workable agreement is reached and that all participants affected by the development or construction are informed. The goodwill established from the onset should allow for open direct line of communication for the future. Mediators and facilitators have to obtain as much information as possible to understand issues under dispute.
They should be willing to be focused on the needs and interest of all parties equally. They should also be honest and respectable by all parties.
Their role is to facilitate the problem solving process without imposing solutions. Conflict management in planning avoids future conflict, makes appropriate rules, creates lasting solution and leads to success. There is still a lot to be done to ensure that city councils, planners and private developers move into conflict avoidance rather than conflict management.
Works Cited
Campbell, Marcia Catton. “Intractability in environmental Disputes: Exploring a complex Construct.” Journal of Planning Literature 2003: 360- 372.
Carter, Jennifer. “Protocols, particularities, and problematising indigenous ‘engagement’ in community-based environmental management in settled Australia.” The Geographical Journal 176 (2010): 199- 213.
Elix, Jane. “The meaning of public policy dispute interventions.” ADRJ 14 (2005): 113- 123.
Forester, Jay. “The promise of activist mediation in planning and public management. Deliberative practice creates public valusse.” MIT Press London 1999: 156- 197.
Heil, Karl, and Laurie Hillstrom. “Risk Management.” Encyclopedia of Management 2006: 764-767.
Howe, Elizabeth. “Professional roles and the public interest in planning.” Journal of Planning Literature 6.2 (1992): 230- 248.
Innes, Juddith E., & David Booher. “Concensus building and complex adaptive systems: A framework for evaluating collaborative planning.” Journal of American Planning Association 65 (1999): 412- 23.
Maclellan, Robert. “How to get the best out of planning.” Department of Justice Victoria 1997: 1- 28.
Margerum, Richard. “Getting Past yes: From capital creation to action.” Journal of American Planning Association 62.2 (1999): 181- 192.
Margerum, Richard D. “Evaluating collaborative planning: Implications from an empirical analysis of growth management.” Journal of American Planning Association 68.2 (2002): 179- 193.
Munoz, Ebohr. “ADR in local government- using dispute resolution to resolve planning disputes”. ADR Bulletin 1.2 (1998): 23-28.
Sipe, Neil. “An empirical analysis of environmental mediation.” Journal of American Planning Association 64.3 (1998): 276-285.
Stubbs, Allston. “The new panacea? An evaluation of mediation as an effective method of dispute resolution in Planning Appeals.” International Planning Studies 2.3 (1997): 347- 465.
Susskind, Lawrence. “Resolving Disputes the kinder, gentler way”. Planning 61.5 (1995): 16.
Tow, David, & Michael Stubbs. “The effectiveness of alternative dispute resolution methods in planning disputes.” Australian Dispute Resolution Journal 1997: 267- 281.
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