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Introduction:
Do relationships matter when
talking about highly technical issues? How much technical expertise should a
mediator have in order to intervene effectively? "Really the relationship
between any two organizations, whether it's a federal agency, a university, or
what have you, comes down to personal interactions," says Peter Woodrow of
CDR in Boulder, CO. He illustrates with an example of a dispute over water
regulations in the Western United States.
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This rough transcript provides a text alternative to audio. We apologize for occasional errors and unintelligible sections (which are marked with ???).
Technical Issues and Relationships
Peter Woodrow
Partner and Program Manager, CDR Associates
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Q: In situations where there's a federal agency and an organization, some
sort of governing organization, I'm assuming there is for this water example you
just gave, it seems like there are a lot of technical, regulatory things going
on. You also mentioned the term relationship, which may sound surprising to
someone who thinks of bureaucracies and agencies as faceless. How does a
relationship enter into something like that?
A: Well, first of all, in the technical area, it's important when working on
something like this water fight. I understand western water law in broad terms.
I don't have to be a legal expert on that. Luckily on this particular case my
co-mediator is an environmental lawyer who understands western water law up and
down. So that's very helpful on the case, although he hasn't necessarily had to
bring that legal expertise directly into it. It's more like when we're
strategizing and I ask him a dumb question about water law he can answer me. But
in the mediation sessions with the clients, there are water lawyers all around
the table, and we as a mediation team should not try to interpret water law in
front of everybody else. So the technical expertise is, you know, we need to
know enough to be able to be credible as mediators, but we don't have to be
experts.
Usually there are more than enough experts floating around on those
issues. In terms of relationships, really the relationship between any two
organizations, whether it's a federal agency, a university, what have you, comes
down to interpersonal interactions. So in this case it's the Bureau of
Reclamation, the federal agency that builds the dams and water infrastructures
throughout the West, and then they've got a local office that relates to this
particular water district, and they have to work together to do water releases
and water storage plans and a plan for irrigation every year, and they have to
work very closely together to do that.
There's personnel on one side and personnel on the other, and they sit down
around tables and they develop plans and they have to agree and everything has
to work. So how they communicate, how they treat each other, the degree of
respect and acknowledgement that goes back and forth, the degree to which there
was consultation on important matters, all of that comes into that relationship,
and that's what we're talking about when we're talking about relationship. You
know, it's not about whether they're best friends or anything like that. It's
whether they have a good working relationship, which usually involves
communication, trust, respect, all the same things that people need with their
wives and spouses, but in an organizational, working context. So that does come
into it, and with the particular relationship I was talking about earlier where
all the lawsuits were involved between the Bureau of Reclamation and this water
district, we had been recommending that even if they resolve the legal issues,
they need to have some work directly on their relationship, which isn't what
they're used to.
They're not used to having to face that, but they realize that
their relationship is bad, so they've been sort of saying yeah, well, maybe
we'll do that. But we sort of have to still sell them on taking that directly.
But we'll see. Maybe they'll do it and maybe they won't.
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