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Mmpbl 540 Week 6

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Non-Employment Conflict Management

The Wamayo River has three tributaries that make the Pacific Northwest’s river basin. They have built three dams in the last two years that use hydropower, an inexpensive and renewable energy source, irrigation of water to farmers, and they also support a multi-billion dollar timber and paper industry and the home of the Wamayo salmon.

The local authorities want hydropower to provide substantial amounts of electricity to the region within the next five years. This is a move that may result in a negative affect upon their huge salmon fishing industry. An industry that is in current decline due to a surge in commercial activities and a shrinking natural habitat. The salmon has become an endangered species and if there are no efforts of conservation, the salmon will cease to exist.

The federal authorities have begun to create a policy that will defend the Wamayo salmon, and their habitat against extinction and destruction. Under this policy, they will receive priority and ensure that the region is adequately supplied with hydropower without negatively affecting business.
Potential Non-Organizational Conflict Identifications

The activities in the region with the development of three dams, impede fish passage that will change migration patterns, has been the primary factors why the salmon’s numbers are down.

Federal authorities have declared the Wamayo salmon, the newest member of the endangered species list. Making allocations for the salmon would limit commercial, timber and paper industry and agricultural businesses that compete for water supplies already. Their top primary objective is ensure the salmon’s safety and allow for the addition of new dams to provide more hydropower to the region.

The protection of the salmon at the cost of all economic development is not an option because the region earns over one billion from various industries and the Environmental Protection Act will provide protection for the Wamayo salmon and their habitat from extinction and destruction.

Timber and paper industry depend on the Wamayo Basin forests for raw material and the river ability to transport timber. Because these two are very large consumers of water and hydropower, paper production and the chemicals used to do so are dangerous to the salmon.

Agriculture relies upon the three dams to transport and distribute irrigation water to the more drier areas. These areas have been growing as a result of the construction of the dams in the region. They mean for increased revenue because the runoff water from the Wamayo river will be contaminated as it drains back into the river. The leftover fertilizer and pesticide residues are harmful to the salmon.

Alternative Dispute Resolution Techniques/Risk Reduction

The recommended alternative dispute resolution technique to use in the Waymao salmon conflict issue, is to include have key stakeholders to participate in a joint fact finding and face-to-face negotiations overseen by a facilitator who will assist in dealing with the differences of each industry needs and concerns. The issues likely will i relate to matters of numbers, such as the balance between water supply and demand, the quality of water, and endangered Wamayo salmon species. The various interest groups must develop a working relationship and reach a common understanding of the project goals by taking an interest-based approach to problem-solving, rather than looking at it as obstacle to achieve personal goals, but to remain focused on the mutual benefits that can possibly be made. "Protecting Oregon’s Salmon Around the turn of the century, the Coho salmon population numbered approximately 1.25 million adults along Oregon’s coast. Through the 1930’s the figure dropped to 900,000 and then plummeted to 450,000 in the 1940’s and 1950’s. The salmon population in recent years has severely diminished to between 50,000 and 80,000. The state attributed the cause of decline to "human activities."

Due to the salmon population decrease, the National Marine Fisheries Service (NMFS) proposed including the Coho salmon of Oregon listed as threatened under the endangered Species Act. Commercial or sports fisherman, as well as agricultural and timber interests, would be affected by the proposed NMFS listing. Oregon was faced with balancing the interests of the fisheries that were threatened by sanctions, and an environmental interest in protecting the Coho salmon from becoming depleted.

In response, Governor, John Kitzhaber, enlisted the input of the following stakeholders to mediate the salmon’s extinction issue: sportsmen, commercial fishermen, timber and agricultural interest, public and private agencies, and conservationists. The Governor’s mediation process was successful and led to the development of Oregon Coastal Restoration Initiative. The federal government, meanwhile, proposed action on salmon under the Clean Water Act. Since a total of "870 stream segments" failed to qualify for the water quality standards, Oregon’s governor again assembled stakeholders representing agricultural and timber interests and environmental organizations. This mediation session resulted in the Healthy Streams Partnership Agreement. Moreover, in 1997, the state legislature provided $30 million towards Oregon’s salmon and water initiatives, which were subsequently merged into the Oregon Plan for Salmon and Watershed" (Donahue).

Implementation Plan for Alternative(s)

The causes and conflict must be identified so that the parties involved who will be directed by the outcome have a say in the dispute and educate the participaters in the understanding of the resolution process. During the facilitation process, the parties involved will have constructive discussions about the controversial conflict issues. A facilitator will be involved by providing assistance in helping the parties lay the ground rules to promote and maintain effective communication and maintain focus. "Collaborative bargainers must maintain some interest in the other while holding out for their own goals. Unlike a win/lose situation, a collaborative agreement allows both of you to come away from the negotiation with an intact relationship, willing to trust and work with each other in the next bargaining situation" (Wilmot-Hocker, 2007).

To implement the process they should increase the number of tributaries numbers allocated for dams, hydropower, the salmon, and irrigation water levels that will equally satisfy everyone’s needs. The consequences to the changes made will require alternatives to set-off the losses that will affect certain industry. Compromise on the state and local side can be provided by providing a tax credit to the timber and paper industry, the levying of an agricultural tax, and support provided for the local salmon hatchery program that will ensure the survival of the salmon. "Collaborative goals build in ways for people to be involved in the process as it unfolds. To form collaborative goals, plan for evaluations along the way. Give as much attention to a few weeks or months from now as to “right now.” Looking at longer-range goals helps de-escalate the importance of initial, prospective goals"(Wilmot-Hocker, 2007).

Recommended Metrics

Wamayo should measure the effectiveness of the alternative dispute resolution technique. Other use of financial resources must be measured for evaluative accounts. The decision that involved in the disagreements in the area of how to use the decision area of how to use the Wamayo basin for the useage of hydropower, building of dams, agriculture, and timber and paper industry resulted in negative effects on the population of the salmon. The alternative solutions should meet or exceed all stakeholders' interest and bring a return of investment based on the result of the desire outcome, "Environmental issues are becoming increasingly controversial as various interest groups clash over the preservation and use of shrinking natural resources. Natural resource disputes over locating and cleaning up hazardous waste sites, use of public lands, protection of endangered species, and maintenance of the ecosystem are attracting local, national, and international attention and affect multiple stakeholders with vastly different perspectives (Bingham, 1986; Crowfoot & Wondolleck, 1991; Trolldalen, 1992). Roles of government agencies and the UN have become focal points in the resolution of environmental conflicts. Increasingly, parties involved in public conflicts are turning to alternative dispute resolution (ADR) processes to settle their differences. ADR techniques create a collaborative atmosphere in which parties cooperate to solve problems. ADR has been used to help eliminate court cases, increase disputant satisfaction, and improve access to justice (Gray, 1989). Fourteen states have set up dispute resolution centers to explicitly manage the growing number of disputes by using ADR techniques. Some of these centers (e.g. Hawaii) have been set up as an adjunct to the judicial system, to provide alternatives to litigation (Lowry, 1989). Other states (e.g. Massachusetts, Minnesota, and New Jersey) house their centers in the executive branch of state government (Haygood, 1988). Still other dispute resolution centers (e.g. Florida, Ohio, and Oregon) are administered by independent commissions or consortia consisting of legislators, educators, and officials (Susskind, 1987). Most of these centers handle a wide variety of cases that fall under the umbrella of "public policy disputes," including environmental issues" (Prudy & Gray, 1994).

Conclusion The Wamayo River Basin timber and paper mill and other industries have grown, but the ecosystem is suffering from the chemicals produced by the paper mills and dams. The salmon are blocked off from their natural habitat and the chemicals returning to the river is poisonous to the fish. The Environmental groups assist in the development of a policy that will prevent the salmon from becoming extinct, even though the economy would suffer. By using Alternative Dispute Resolution, the collaborations are priceless for many reasons: partnerships address some legal, regulatory, or policy issues, which has many different models. The results are extensive in accomplishments such as lessons learned and best practices. Wamayo recognizes the support and active role of the government, who is imperative to the success of implementing environmental changes that protect the Salmon and interests of other industries involved by creating policies that benefit all parties.

The alternatives recommended help in meeting each stakeholder's interest, so that the policy can reflect protection the salmon from extinction and allow for an increase in profit without having a negative effect on the basin’s community. The regulatory requirement for local stream or habitat and those affected, have a better understanding than most government officials, " designated power, we referred to this kind of power as being similar to a “relational savings account.” People place “power” into an “account” that they can then draw on when their individual reserves are not sufficient to solve a problem. Many examples of designated power can be noted. As citizens, we delegate power to police officers, elected politicians, teachers, administrators, and employers. We do not assume that we have or should use our independence without restraints in our civil society. At work, by agreeing to work in a retail outlet, agency, or other organization, we delegate power to others. For example, there may be someone else in charge of developing your schedule, workplace, tasks to be performed, and pay rate. Yet, you are not powerless, since the employer needs you and your services and wants to create a productive work environment that will be beneficial to all. Even though power unbalanced in an employer–employee scenario, the low-power person has delegated personal power to the employer and will maintain their interdependence.

References

Donahue, E. (2000) Environmental Land Use Disputes and ADR

http://www.abanet.org/dispute/env_land_use_disputes.html

Purdy, J. M. & Gray, B. (1994). International Journal of Conflict Management: Government Agencies as Mediators in Public Conflicts 5(2). pp. 158-159. Retrieved April 10, 2009 from Emerald

Wilmot−Hocker, (2007). Interpersonal Conflict: Power: Interest and Goals. Chapter 3, p.91. New York: The McGraw- Hill Companies

Wilmot−Hocker, (2007). Interpersonal Conflict: Power: Power The Structure of Conflict Chapter 4, p.101. New York: The McGraw- Hill Companies

Wilmot−Hocker, (2007). Interpersonal Conflict: Negotiating for Mutual Gains. Chapter 8, p.254. New York: The McGraw- Hill Companies…...

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