Policy Consensus E-News — September 2004
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Progress Update:
States Report Increases in Programs and Projects
Amid tough times for many emerging state DR programs, some are managing to show growth and potential sustainability—even in spite of their diminutive budgets. In several states where legislation or executive orders call for agency wide use of collaborative practices and ADR, implementation efforts are resulting in varied and innovative approaches to meeting that challenge.
In
Utah… Following an in-depth survey to determine chronic
conflict points in state agencies and divisions, three pilot projects
are underway that respond to the survey results, with several more
on the front burner. Using a volunteer mediator-credit system, in which
state employees formally trained in mediation are available to agencies
seeking third-part assistance, Utah is working to build a system with
a low sticker price and high buy-in at every level of government.
Utah’s approach leverages DR legislation passed in 2001, a 2003 Executive Order by former Gov. Mike Leavitt to create an ADR Council—comprised of a representative from each state agency, and a $75,000 grant from the William and Flora Hewlett Foundation aimed at launching a statewide DR program.
In
Oregon… After Oregon’s Dispute Resolution Commission
(ODRC) was eliminated by the 2003 Legislature, the state agreed to
retain nominal funding for the community DR centers and the public
policy DR program. The latter, now operating as the Oregon Consensus
Program housed at Portland State University’s Hatfield School
of Government, has spent the past year strategizing, fund raising,
and launching projects. Its key areas of focus are conducting assessments
and convening collaborative agreement seeking processes, using private
providers to serve as neutrals.
Under the interim direction of Elaine Hallmark, who served as ODRC’s first chair, the Consensus Program is combining an issue-focused strategy with cooperative, cross-sector initiatives. For example, joint projects with community DR centers, federal and state agencies, and the U.S. Institute for Environmental Conflict Resolution have helped generate a full and impressive project schedule for the year-old program.
In
New Mexico… In 2000, the New Mexico Legislature enacted
a Governmental Dispute Resolution Act enabling state agencies to use
ADR processes to resolve disputes involving any agency operations,
programs or functions. The same year, an Executive Order was issued
requiring that each executive agency implement each provision of the
Act. In 2001, the William and Flora Hewlett Foundation granted $75,000
to help launch the New Mexico Office of Public Facilitation. More than
a year later, during the 2003 legislative session, a bill was introduced,
though not enacted, to establish that office in statute.
This evolution of DR and consensus building in New Mexico, along with concise recommendations for increasing the use of DR across state government, are described in a 2004 Performance Review released this month by Gov. Bill Richardson. The chapter, titled “Minimize Litigation Costs: Expand Use of Conflict Resolution,” also highlights several successes—including cost savings—of projects undertaken since passage of the DR Act.
Oregon Solutions Awarded Two-Year Grant
Oregon
Solutions has been awarded a $100,000 grant from the Meyer Memorial Trust
to initiate community projects throughout the state. The funding will
further develop the Oregon Solutions Network of businesses, non-profits,
government agencies and citizens who are able to integrate their resources
in collaborative, community based projects.
The Meyer Memorial Trust is one of a number of sponsors of the growing Network. Others include the Oregon Community Foundation, Portland State University’s Hatfield School of Government, the Samuel S. Johnson Foundation, Bonneville Power Administration, and U.S. Bank.
According to Network Manager Kim Travis, Oregon Solutions plans to begin one or two new community projects each month—totaling 15 throughout the year. With a renewed grant from the Oregon Community Foundation, Solutions staff will conduct a program evaluation in Spring 2005.
Oregon Solutions grew out of the state’s Sustainability Act of 2001. First inside the executive branch, then since January of 2002 as a program of the National Policy Consensus Center, Oregon Solutions promotes a new style of community governance based on the principles of collaboration, integration, and sustainability.
Oregon Solutions recently launched a new website that features a detailed project list, background information, and a description of the Oregon Solutions Network.
"Governing Tools" Describes How States Are Using
Consensus Building to Solve Complex Problems
More
and more governors and state agencies across the country are employing
collaborative processes in their day-to-day operations. Governors, legislatures,
and agency leaders are recognizing that these processes provide effective
ways of governing and working with citizens.
The spectrum of approaches—joint problem solving, consensus building, negotiation, mediation, and conflict resolution—ranges from parties informally negotiating on their own, to multiple stakeholder groups who work with facilitators or mediators to help reach agreements.
PCI's Governing Tools for the 21st Century, first published in 2002, provides an overview of how these processes are being used in states to achieve better outcomes. The booklet describes some of the ways collaborative tools are being applied to administrative functions (including contracts and partnering); regulation and enforcement; licensing and permitting; policymaking; intergovernmental relations; and human resource management.
Hard copies of the booklet, in an attractive two-color layout, are still available for distribution to leaders or meeting participants. Please contact PCI to request free copies.
An electronic version is also available on this website.
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