Alternative Dispute Resolution in Spark Island and Spark Island Lighthouse - Case Study Example

Alternative dispute resolution Introduction The conflict in Spark Island and Spark Island Lighthouse revolves among in community, and other stakeholders are on the environmental and economic impact of the recent activities in the area. In order to resolve the impasse afflicting the community all stakeholders to form a vital teamwork to address the issues. Further excellent communication skills among the stakeholder’s acts as a bridge to the effective implementation plan for resolving the conflict. Stakeholders Interests The community is interested in the impact of the environment and general security brought about by the increased numbers of tourism in the area. Hence, the tourist will litter, take longer visiting hour or result to picnics and further the footpaths created by the visitors as the watch the lighthouse is the main concern. TCP are more interested in the generation of income, hence results in the conflict of the management of the resources among the various stakeholders including the BLM and TCMM. TCP wants to create a county park to accommodate more visitors. The local residents are worried about the expansion policy of the roads which might lead them losing their properties in order for TCP to create wider roads. The locals are a concern of decreasing of their natural resources that include water and scarce land resources due to more private development. Obstacles to the resolution Lack of trust from the stakeholders accompanied by poor communication skills are the main obstacles to solving the conflict to come up with a common ground. Lack of positive perception among the stakeholder’s acts as the hindrance this is brought about by poor writing and record keeping skills as a result of poor communication and decision-making skills. There is a lack of official communication from the authorities to the locals who suspect the county officials for lack of transparency. At one time the concern of devaluing their properties by DNS by creating a state natural area. Thus, the locals had sought the intervention of DNS but resulted in mistrust and mischief from the officials of the DNS, who went further without involving the locals to seek the ownership of the Island. ADR Techniques Mediation is a technique can be applied where BLM will act as the mediator to help the parties to reach a compromise resolution of their dispute in that they will bridge the communication gap between the parties (Jane P. Mallor, 2013). The mediators removes the perceptions by clarifying the areas that stakeholders are in agreement and disagreement, this method is used in environmental disputes like the one facing Spark Island and Spark Island where the local residents are much worried about the environmental impact brought by increased development and tourists. A mediation agreement is reached and incase of further disputes the contractual agreement is produced in the court of law. Concilitation is another technique that can be used in this case where all the stakeholders agree to direct their grievances to an environmental expert and a professional conciliator. The conciliator who meets the stakeholders differently to cool the tensions and suspicions thus averting bad perceptions and feelings that the always go to ‘square one’ whenever they meet as stakeholders. The conciliator does not hold any legal authority but prevents any court applications by stakeholders hence, averting any difficulties (Mihai, 2012). Arbitration technique can be used where all the interested parties will be subjected to rule of law and observe the public order. Hence, the process is based on the will of all stakeholders in the island. When the agreement is reached, an arbitration clause is registered, and the agreement becomes a consensual contract (Mihai, 2012). IBLA will act as the arbiter in the matter as it is the mandated body to hear the appeals from the local resident by the federal government. Negotiations is a technique that can be used where all the stakeholders in Island are involved in direct engagement. Negotiation can be the simplest and fastest method of ADR but in this case it failed due to mistrusts and lack of communication skills. Recommendation Mediation is the best technique to be used is solving the impulse between the stakeholders. Community mediation allows the problem-solving technique by allowing the autonomy of the conflictual stakeholders ideas, recognition mutually and encourages the stakeholders empowerment (Dennis J. D. Sandole, 2009). This is because both simple negotiations and conciliatory have failed due to lack of trust and communications skills, thus the mediator will come hardy in that he will collect data, listens to all stakeholders, identify the important issues, cater for special interests for minority and help in developing settlement options (Dennis J. D. Sandole, 2009). The mediation is a shift in grievance process in that is a positive move in resolving the issues in the island in a less costly with more effective decision-making process for all the stakeholders, parties and the mediator (DONNA MARIA BLANCERO, 2010). The mediator will diminish the tension of interest’s conflicts arising from different stakeholders, by identifying the concrete methods of abiding in the obligations of the agreement and even seeking the opinion of the expert on environment, economic-tourist specialist and real estate developer or construction engineer. As Freud states, “Under the influence of the real external world around us, one portion of the id has undergone a special development...... To this region of our mind, we have given the name of ego" (Freud, 1940). Thus, the mediator has a role of diminishing the egos of all the stakeholders to come up with the compromise agreement that bids and caters for all interests of the parties. Hence as mistrust is inculcated to all parties the mediator has a role of providing a solution of managing the Island and a board compromising of all stakeholders is appropriate, in which the board shall appoint and recruit a secretariat to run day to day activities. In the mediation the solution of constructing an eco-friendly county park can be negotiated to include the size and the hours that the park will operate to cater for the security and make the locals secure to avoid the picnics and other recreational facilities that can come up. This is a fast method of resolving the conflict and creates a win-win situation for the locals, TCP will have to adhere to the environmental impact access from experts of building a country park and widening the roads in-line with amiable relationship between the stakeholders. If the parties fail to agree on a normal mediation process, the mediator has an option of involving the stakeholders on a binding mediation (Malcolm Sher, 2015). In the ruling of Bowers v Lucia No D059333, 206 Cal.App.4th 724 (2012), 142 Cal. Rptr. 3d 64 sanctions the binding mediation usage giving the waiver from the reservation that stakeholders may have against the mediator, and the mediator discloses all interests and conflicts to the stakeholders (Malcolm Sher, 2015). Table 1 The mediation process will involve a timeline as shown in Table 1. Of the responsibility chart. The mediator tasks agreed upon by all parties shall be implemented in consensus and timely manner. This includes the implementation of the public order and noise levels act. Hence, by May 2016, the stakeholders shall review the achievements and implementation done over the last one year Conclusion ADR is a process used in lieu of judicial process, in litigation and administrative adjudication to solve disputes and conflicts and fasten the social justice (Nabatchi, 2007). Thus the residences of Spark Island, are seeking on faster and effective way of addressing their interests, whereas the Timor County is seeking ways of improving its financial health by tapping into the lucrative tourist market. Not forgetting the DNR are interested in the environmental conversation, and TCMM is interested in managing the historic site. To avoid future disputes, the parties involved in mediation will be subjected to bidding mediation in an event the dispute arises the consensual agreements can be produced as evidence in a court for further interpretation and implementation. Further a need to build trust and transparency by all stakeholders, with precise and accurate information processing procedures. Hence, need for the secretariat to build a information management systems where all the developments and communication regarding the Island will be shared among all the stakeholders promptly. Bibliography Dennis J. D. Sandole, S. B.-S. (2009). Handbook of Conflict Analysis and Resolution. New York: Routledge. DONNA MARIA BLANCERO, R. G. (2010). Just Tell Me! Making Alternative Dispute Resolution Systems Fair. 49(4). Freud, S. (1940). An Outline of Psycho-Analysis. Jane P. Mallor, A. J. (2013). Business law : the ethical, global, and e-commerce environment. New York: McGraw-Hill/Irwin. Malcolm Sher, N. W. (2015). OTHER FORMS OF DISPUTE RESOLUTION. 32(1), 58-63. Mihai, G. (2012). ALTERNATIVE METHODS FOR THE RESOLUTION OF TRADE DISPUTES. Juridical Current, 15, 81-90. Nabatchi, T. (2007). The Institutionalization of Alternative Dispute Resolution in the Federal Government. Public Administration Review, 646- 661. Read More