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Report run date/time : Sep 3, 2010 3:51 PM

Tuesday, May 24

8:00 am - 12:00 pm

Title: Assessments: Dealing With What You're Dealt

Additional Fee: $ 125.00

Track: Encouraging Innovation and New Applications

Application: Upstream (e.g., policy development, planning)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Training Workshop

Room: Agave

Max Seats: 30 Available Seats: 3 Percent Full: 90 % Waitlisted: 1/5

Description: Assessment is widely recognized as critical to effective ECR practice. However, the approach to conducting assessments in complex, multi-party settings is undergoing a re-evaluation and something of a renaissance. Collectively, we are rethinking the theory, values, assumptions and tools that affect choices made when conducting assessments. In this workshop, we will employ an innovative, dynamic game to engage each other in crucial questions about assessments: How do we do them? Why? How do we use them? What are the results, implications and ethics of various approaches to assessment work? Highly interactive, the session will close with a discussion of what was learned, and how these insights can inform the theory and practice of assessment. A reprise of a workshop on assessments from the ACR/EPP Conference held in Portland, Oregon in May 2004, this session is well suited to and will benefit from participation by a wide variety of conference attendees.

Notes: A morning break will occur between 10:00-10:30 a.m. in the Presidio Foyer.

Objectives:		Using a highly interactive and innovative game setting, explore approaches to assessment with other practitioners, participants and users.
		Foster discussion of assessment theory and practice through an accelerated and realistic simulation.
		Understand a variety of new mechanisms, approaches and theory for assessments based on the work of all at the workshop.

Presenters:

Martha Bean, Mediator, Collaborative Focus

Larry Fisher, Senior Program Manager, U.S.I.E.C.R.

8:00 am - 12:00 pm

Title: Confidentiality & ECR: Practice Essentials

Additional Fee: $ 125.00

Track: Understanding ECR Principles and Practices

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Training Workshop

Room: Canyon Suite II

Max Seats: 30 Available Seats: 16 Percent Full: 47 %

Description: This interactive workshop focuses on the scope of confidentiality protections provided by the ADR Act of 1996 and how to ensure the confidentiality of collaborative processes involving federal agencies. Through a series of short presentations, scenarios and interactive discussion, participants will learn how to draft effective confidentiality agreements, manage parties' expectations of the scope of confidentiality protections, avoid confidentiality pitfalls, and respond appropriately to request for mediation information.

Notes: A morning break will occur between 10:00-10:30 a.m. in the Presidio Foyer.

Objectives:		To explore the typical confidentiality issues faced by ECR practitioners and discuss rules of practice for ensuring confidential practice.
		To update participants on recent guidance on the practical implications of the confidentiality requirements of the ADR Act of 1996, issued by the Attorney General on behalf of the Interagency ADR Council and the American Bar Association.

Presenters:

David Batson, Senior ADR Specialist, U.S. EPA

8:00 am - 12:00 pm

Title: Consultation With American Indian Tribes

Additional Fee: $ 125.00

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Training Workshop

Room: Canyon Suite I

Max Seats: 30 Available Seats: 2 Percent Full: 93 %

Description: Federal agencies have differing requirements for consulting with federally recognized Indian tribes. Some responsibilities, like NEPA, are universal while others are statute-specific. There is a third approach specific to off-reservation treaty reserved rights. This workshop reviews the basis of government-to-government relations with Indian tribes and introduces consistent approaches for agencies to successfully apply to fulfill their respective responsibilities to consult with Indian tribes.

Notes: A morning break will occur between 10:00-10:30 a.m. in the Presidio Foyer.

Objectives:		Understand the governmental relationship between Indian tribes and federal agencies.
		Learn consistent approaches to consulting with American Indian tribes.
		Discover some new examples of tribal consultation protocol.

Presenters:

Les McConnell, Owner, Signtalker Consultants, LLC

8:00 am - 12:00 pm

Title: How to Facilitate a Public Process

Additional Fee: $ 125.00

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Training Workshop

Room: Canyon Suite III

Max Seats: 30 Available Seats: 0 Percent Full: 100 % Waitlisted: 1/5

Description: This interactive workshop is designed for two audiences: (1) Those who want to explore how to conduct an effective public participation process. The workshop will focus on what to promise the public in exchange for their participation, as well as what are tested strategies for getting them to overcome their cynicism about participating in a public process. (2) Those who want to learn proven, step-by-step processes that can be used to get groups without a history to generate, develop and select between ideas. People will experience and learn about the processes by applying them to questions about public participation.

Notes: A morning break will occur between 10:00-10:30 a.m. in the Presidio Foyer.

Objectives:		Participants will learn strategies for how to overcome public cynicism about participating in public processes.
		Participants will learn how to help groups generate, develop and select between ideas.

Presenters:

Carl Moore, Proprietor, The Community Store

8:00 am - 12:00 pm

Title: Joint Fact-Finding: A Primer

Additional Fee: $ 125.00

Track: Encouraging Innovation and New Applications

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Training Workshop

Room: Seminar Room

Max Seats: 30 Available Seats: 0 Percent Full: 100 %

Description: Joint Fact-Finding (JFF) is a continuum of innovative and collaborative techniques to engage policy makers, stakeholders and technical experts in a dialogue to scope, oversee, or undertake scientific or technical studies. In the last three years, the USGS, CBI, and MIT have worked to develop a coherent framework for the role of scientists and technical staff in joint fact-finding. The framework includes various tools for understanding JFF, numerous detailed case studies, negotiate simulations and background readings. Through exercises, participants can explore why JFF may be needed, assessing if JFF is appropriate, framing a set of JFF goals and objectives, and negotiating a JFF process. This 3.5 hour course will introduce participants to the JFF continuum, the key steps in JFF, and practice at one or more exercises in JFF. The course will be taught by a USGS senior scientist and IECR roster mediator.

Notes: A morning break will occur between 10:00-10:30 a.m. in the Presidio Foyer.

Objectives:		Introduce the general concepts of joint fact-finding.
		Dialogue on the appropriate role and timing of joint fact-finding in larger consensus building processes.
		Practice at the challenges of joint fact-finding through negotiation exercises and case studies.

Presenters:

Patrick Field, Managing Director, Consensus Building Institute

Herman Karl, Co-Director, MUSIC, Massachusetts Institute of Technology

8:00 am - 5:00 pm

Title: Getting the Most Out of Collaboration

Additional Fee: $ 175.00

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Training Workshop

Room: Canyon Suite IV

Max Seats: 35 Available Seats: 0 Percent Full: 100 %

Description: A one day workshop for teams made up of state DR center leaders and state agency leader/managers. This workshop is designed for agency leaders who are seeking to understand and develop skills for convening and participating in collaborative processes. They will learn from their peers about a variety of circumstances under which states are using collaboration to address environmental, land use and transportation issues and the factors that make for success. They will also learn about the best practices for employing these approaches.

Notes: A morning break will occur between 10:00-10:30 a.m.
A box lunch will be offered between 12:05-12:55 p.m.
An afternoon break will occur between 3:00-3:30 p.m.
AM / PM Breaks and the Box Lunch will take place in the Presidio Foyer.

Objectives:		To learn more about how to employ collaborative practices effectively.
		To hear from peers about examples of successful collaboration.
		To learn how to assess when it is appropriate to use, or not use, a collaborative process.

Presenters:

Susan Brody, Project Manager / Fellow, National Policy Consensus Center

Langdon Marsh, Fellow, National Policy Consensus Center

James Souby, President and CEO, The Oquirrh Institute

Greg Wolf, Director, National Policy Consensus Center

Moderators:

Christine Carlson, Executive Director, Policy Consensus Initiative (PCI)

9:00 am - 12:00 pm

Title: USIECR and Roster Members Working Together (Roster Members Only)

Track: Roster Members

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Roundtable Discussion

Room: Joshua Tree

Max Seats: 90 Available Seats: 45 Percent Full: 50 %

Description: Our goal is to �add value� for users and contracted roster members and to ECR processes themselves. Is USIECR involvement added value or just another layer? How are program managers involved in developing and managing projects? What are some challenges and unrealized opportunities? How can we best work together to meet the collective best interests of the field? Come share your perspective in a candid, interactive and lively session designed for mutual learning and understanding. Let�s get the issues out there and discussed from the varying points of view and have some fun doing it! NOTE: This session is open only to Roster of ECR Practitioner Members.

Notes: This session is for Roster Members only.

Objectives:		Exchange of perspectives and ideas between roster members, USIECR program managers and process sponsors/participants on the topic of �value added�.
		Identification of challenges, opportunities, and suggestions for USIECR and contracted roster members working together to meet collective best interests.

Presenters:

Joan Calcagno, Roster Manager, U.S. Institute for Environmental Conflict Resolution

Moderators:

Joan Calcagno, Roster Manager, U.S. Institute for Environmental Conflict Resolution

1:00 pm - 5:00 pm

Title: ADR and Native Cultural Heritage Laws

Additional Fee: $ 125.00

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Training Workshop

Room: Canyon Suite I

Max Seats: 30 Available Seats: 7 Percent Full: 77 %

Description: Today�s controversies over Native American heritage, including traditional cultural places, human burial remains and sacred items are fertile ground for Alternative Dispute Resolution (ADR). This workshop addresses the legal context of the Native American Graves Protection and Repatriation Act(NAGPRA) and the National Historic Preservation Act (NHPA), the benefits of using ADR in these situations, and the cross-cultural, institutional and other challenges participants at the ADR table can encounter.

Notes: An afternoon break will occur between 3:00-3:30 p.m. in the Presidio Foyer

Objectives:		Introduce and sharpen participants� skill sets on the regulatory context of conflict situations under the Native American Graves Protection and Repatriation Act, the National Historic Preservation Act, and related statutes.
		Increase participants� familiarity with the types of issues and interests that develop in heritage conflict situations among multiple governments, parties and affected communities, conflict prevention actions, and possible resolutions.
		Increase awareness of Native heritage conflicts and the value of ADR for resolving them.

Presenters:

Sherry Hutt, National NAGPRA, National Park Service

Deborah Osborne, Dispute Resolution Specialist, FERC

1:00 pm - 5:00 pm

Title: Advanced ECR Process Design

Additional Fee: $ 125.00

Track: Encouraging Innovation and New Applications

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Training Workshop

Room: Agave

Max Seats: 40 Available Seats: 0 Percent Full: 100 %

Description: This workshop, intended for agency personnel, facilitators and stakeholders, will explore the challenges of integrating NEPA, FACA and ADRA into collaborative processes. The workshop will provide an overview of the requirements associated with these federal provisions, and the conditions under which they must or should be applied. It will also provide practical experience on how to design collaborative processes where these provisions are required, with attention to the potential limitations or pitfalls. The trainers will draw on their direct experiences with negotiated rulemaking efforts where integration with both FACA and NEPA were required. Likewise, cases will be discussed where ADRA provisions were considered and/or applied. A notebook will be provided to each participant which contains the provisions and guidelines for each statute, as well as planning materials on different approaches to designing collaborative processes where these statutes must be integrated and their purposes met.

Notes: An afternoon break will occur between 3:00-3:30 p.m. in the Presidio Foyer

Objectives:		Provide greater insights into NEPA, FACA, ADRA and Negotiated Rulemaking.
		Provide approaches and tools for integrating these statutes into collaborative processes.
		Provide an opportunity to explore the nuances of specific applications.

Presenters:

Gregory Bourne, Managing Senior Mediator, Center for Collaborative Policy

Michael Eng, Senior Program Manager, USIECR

Michael Harty, Senior Mediator, California Center for Collaborative Policy

1:00 pm - 5:00 pm

Title: Environmental Ethics Applied to Value Framing in ECR

Additional Fee: $ 125.00

Track: Encouraging Innovation and New Applications

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Training Workshop

Room: Canyon Suite II

Max Seats: 30 Available Seats: 0 Percent Full: 100 %

Description: Environmental disputes often remain intractable while each side articulates and re-articulates surface issues without an understanding of the moral thinking (values) of each party. Understanding moral values requires attention to philosophical roots. Environmental ethics provides a theoretical framework and analysis method that promotes description and understanding of how value frames are tied/anchored to philosophical systems. However, environmental ethics has been under-applied to environmental conflict resolution. An introduction to environmental ethics will be provided, and practical sessions will focus on extracting value frames that seed conflicts in the mining industry. Can this understanding offer improved tools for environmental conflict resolution?

Notes: An afternoon break will occur between 3:00-3:30 p.m. in the Presidio Foyer

Objectives:		Introduce basic concepts in moral philosophy and environmental ethics.
		Utilize frame analysis methods to identify the moral philosophies used by parties in a conflict.
		Apply value framing to environmental conflicts in the mining industry.

Presenters:

Darrell Smith, VP, Government & Environ. Affairs, Industrial Minerals Association-North America

1:00 pm - 5:00 pm

Title: The World Cafe: Engaging in Conversations that Matter

Additional Fee: $ 125.00

Track: Encouraging Innovation and New Applications

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Training Workshop

Room: Canyon Suite III

Max Seats: 30 Available Seats: 5 Percent Full: 83 %

Description: The World Caf� is a field tested and successful process for surfacing and integrating separate and mutual interests into a "big picture" easily shared by everyone in the room. The Caf� uses the principles of dialogue to engage participants in "conversations that matter;" and large scale graphics to capture and organize their reflections, concerns and questions. This process helps create the common ground for building long term, sustainable agreements. In this workshop we will experience a "mini-caf�, " reflect on why Caf� process is so engaging, and try out simple tools for graphically capturing the key data of a Caf�.

Notes: An afternoon break will occur between 3:00-3:30 p.m. in the Presidio Foyer

Objectives:		Understand the guiding principles of the World Caf�.
		Learn the basics of designing and facilitating a World Caf�.
		Experience the value of creating collective intelligence through large scale graphic recording.

Presenters:

Susan Kelly, Independent Practitioner, Visual Thinking & Group Graphics

Laurie McCann, Ombudsman, University of California Santa Cruz

2:00 pm - 4:00 pm

Title: USIECR Selection Process: Getting the Work (Roster Members Only)

Track: Roster Members

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Roundtable Discussion

Room: Joshua Tree

Max Seats: 90 Available Seats: 40 Percent Full: 56 % Waitlisted: 1/9

Description: Wondering how contractor-practitioners are selected and what seems to work best for those involved in the selection process? We will take a "fly-on-the-wall" look at the process from development of selection criteria, to roster search, to �request for information� responses, to the interview and final selection, in an interactive format designed for mutual learning, understanding and even fun. NOTE: This session is open only to Roster of ECR Practitioner Members.

Notes: This session is for Roster Members only.

Objectives:		Provide information and answer questions about USIECR participation in, and facilitation of, the process of selecting practitioners for projects/cases USIECR manages.
		Exchange information about, and ideas for, maximizing the selection �opportunity points�: Roster Profile information/search matches, providing responses to information requests and interviewing.
		Engage Roster members, process sponsors/participants and USIECR program managers in the discussion.

Presenters:

Joan Calcagno, Roster Manager, U.S. Institute for Environmental Conflict Resolution

Moderators:

Joan Calcagno, Roster Manager, U.S. Institute for Environmental Conflict Resolution

Wednesday, May 25

7:00 am - 8:00 am

Title: Collaborative Activism in the Forest Service

Track: Encouraging Innovation and New Applications

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Agave

Max Seats: 120 Available Seats: 62 Percent Full: 48 % Waitlisted: 1/12

Description: This eye-opener session will present valuable information on new innovations in partnership and collaborative activity among the Forest Service and its many partners. The Forest Service National Partnership Office is located in Washington, D.C. and is dedicated to fulfilling national coordinating and policy roles in partnerships and collaboration. The Office works to communicate agency principles, roll out products and tools, provide national coordination with other agencies and non-governmental organizations, participate in the creation of a Collaboration Assistance Network and promote and facilitate skill development and Congressional relations for expanding authorities.

Notes: Continental Breakfast will be offered outside of the meeting room.

Objectives:

Learn about available resources to help employees and partners work in partnership and collaboration.

Presenters:

Jan Engert, Director, National Partnership Office, USDA Forest Service

7:00 am - 8:00 am

Title: DOI Puts Public Participation Front and Center

Track: Encouraging Innovation and New Applications

Application: Upstream (e.g., policy development, planning)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Joshua Tree

Max Seats: 120 Available Seats: 40 Percent Full: 67 % Waitlisted: 1/12

Description: The Department of the Interior is undertaking a broad initiative to promote best practices in civic engagement with respect to NEPA and beyond. As part of this effort, DOI offices have come to understand the link between ECR/ADR and Public participation. Many of the skills required to apply ADR to an environmental conflict - such as conflict resolution, relationship building, use of interest/value-based processes and the need to bring all interested parties to the table - are also necessary in the public participation context. Indeed, many of DOI's engagements with the public involving land use contain an element of environmental conflict. As part of this effort, the DOI Office of Collaborative Action and Dispute Resolution (CADR) and the DOI Office of Environmental Policy and Compliance (OEPC) recently teamed up to produce a 40-minute webcast designed to teach the basic principles of public participation to DOI managers and employees. The presentation utilizes cutting edge technology to tell its story, which, as an Internet/CDROM-based training, is accessible to all DOI employees. This panel will show parts of the webcast, then talk about why DOI felt there was a need for the training, how it fits into other DOI initiatives, and how public participation is being applied throughout DOI.

Notes: Continental Breakfast will be offered outside of the meeting room.

Objectives:		This session will educate its audience about alternative ways of building capacity to engage in ADR-like (public participation) processes, showing how it can be done cost-effectively, without sacrificing content.
		This session will also discuss the present DOI initiative on public participation and how it intersects with the principles of ADR.

Presenters:

David Emmerson, Senior Program Coordinator, U.S. Department of the Interior

Marcia Keener, Program Analyst, U.S. Department of the Interior

Willie Taylor, Director, Department of the Interior

7:00 am - 8:00 am

Title: EPA's CPRC's Strategic Plan

Track: Encouraging Innovation and New Applications

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Canyon Suite I

Max Seats: 70 Available Seats: 16 Percent Full: 77 %

Description: The purpose of this session will be to introduce the Conflict Prevention and Resolution Center�s Draft 5-Year Strategic Plan to conference attendees and solicit feedback on the plan contents and direction. The draft plan lays out our thinking for enhancing the use of ADR and collaborative problem-solving throughout EPA.

Notes: Continental Breakfast will be offered outside of the meeting room.

Objectives:		To �walk the talk� of planning the direction of the ECR field in a collaborative framework with our stakeholders.
		To listen and consider changes to our strategic direction based on the discussion.
		To share our current focus and direction with our partners and stakeholders.

Presenters:

Laura Bachle, Conflict Resolution Specialist, U.S. EPA

Jeff Lape, Director, Conflict Prevention and Resolution Center, U.S. EPA

Moderators:

Laura Bachle, Conflict Resolution Specialist, U.S. EPA

Jeff Lape, Director, Conflict Prevention and Resolution Center, U.S. EPA

7:00 am - 8:00 am

Title: Finding Private Funding After Hewlett

Track: Encouraging Innovation and New Applications

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Panel Session

Room: Canyon Suite III

Max Seats: 70 Available Seats: 43 Percent Full: 39 %

Description: After two decades providing major support to the fields of dispute resolution, environmental conflict resolution, and increasingly, collaborative governance, the William and Flora Hewlett Foundation closed its Conflict Resolution Program on December 31, 2004. The Program was unique in funding research, theory, and practice in the processes that characterize this field. The field has reached a point of maturity such that it is time to broaden the base of its funding by seeking support from the community of philanthropic organizations that have more issue-oriented programs. The principal challenge this presents is how to explain this work to new funders. To be most effective in grant-seeking, you must know your audience and their perspectives. In an effort to assist people who practice, use, and research these processes in their transition to new funding sources, the Foundation commissioned and published three monographs to describe the field it helped to build in the areas of Environmental Conflict Resolution, Collaborative Governance and Community Development. To succeed in broadening the funding base for this field, grant seekers must understand what funders think. Each monograph reviews the track record of the field in its particular context, makes the case for additional support, and suggests criteria for funders to consider as they evaluate proposals to fund conflict resolution work. In this session, panelists will discuss this funder education effort generally and what messages are most effective with foundations.

Notes: Continental Breakfast will be offered outside of the meeting room.

Objectives:		Learn what messages work best with foundations.
		Learn about funding opportunities after Hewlett Foundation.
		Understand funder education monographs as tools for funder and user education.

Presenters:

Malka Kopell, Program Officer, The William and Flora Hewlett Foundation

Rosemary O'Leary, Distinguished Professor, The Maxwell School of Syracuse University

Moderators:

Terry Amsler, Director, Collaborative Governance, Institute for Local Government

7:00 am - 8:00 am

Title: Making Collaboration Routine

Track: Encouraging Innovation and New Applications

Application: Upstream (e.g., policy development, planning)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Canyon Suite IV

Max Seats: 70 Available Seats: 18 Percent Full: 74 %

Description: Complex and highly controversial transportation projects most often make use of collaborative problem solving and alternative dispute resolution techniques. Yet, these projects make up only a small percentage of the total number of projects done each year by transportation agencies throughout the country. Emphasis needs to be made to �routinize� collaboration for the less complicated projects. It should become the way to do business. Context sensitive solutions, better public involvement and interagency coordination, when done on a regular basis, not as add-ons to projects, can be ways of helping to get to yes - - with results that are good for both the environment and transportation.

Notes: Continental Breakfast will be offered outside of the meeting room.

Objectives:

Are the appropriate incentives, tools, and resources in place to maintain collaboration across all projects?

Presenters:

Cynthia Burbank, Associate Administrator for Planning, Environment, Federal Highway Administration

Ruth Rentch, Environmental Protection Specialist, Federal Highways Adminstration

Shari Schaftlein, Team Leader, Office of Project Development and Env, Federal Highway Administration

7:00 am - 8:00 am	Title: Using ADR in Air Force Base Closures
	Track: Engaging Multiple Governments, Parties and Affected Communities
	Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)
	Target Audience: Corporate Entities/Resource Users
	Type: Roundtable Discussion
	Room: Canyon Suite II
	Max Seats: 50 Available Seats: 37 Percent Full: 26 %
	Description: Air Force disposal of property through the Base Realignment and Closure (BRAC) Program often encounters significant misunderstandings or disagreements between and among federal and state regulators and interested members of the public concerning environmental cleanup issues. These may include appropriate future land use, appropriate cleanup levels, the timing of cleanup actions and property transfers, and how to address unanticipated problems. The Air Force has developed Alternative Dispute Resolution systems for addressing these multi-party disputes. This interactive session will explore how this system has worked successfully in the past, new issues that might arise in future, and how best to resolve future disputes.
	Notes: Continental Breakfast will be offered outside of the meeting room.
	Presenters:	J. Steven Rogers, Deputy General Counsel, SAF/GLN
		Carolyn White, Senior Environmental Counsel, AFRPA / LD

8:30 am - 10:00 am	Title: Welcome and Opening Plenary Session: Assuring Successful ECR Outcomes
	Track: Plenary Session
	Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)
	Target Audience: All Conference Attendees
	Type: Plenary Session
	Room: Presidio Ballroom
	Max Seats: 400 Available Seats: 8 Percent Full: 98 % Waitlisted: 2/40
	Description: This opening plenary session elaborates the central theme of the conference, "Pathways to Successful ECR", by engaging experienced representatives of key parties to environmental conflicts. Tom Jensen, an environmental attorney and chair of the National ECR Advisory Committee, will moderate the discussion among two leading federal and state officials, an environmental advocate, and an environmental justice activist. They will offer their perspectives about the value and essential ingredients of ECR, as well as their concerns regarding its appropriate use and limitations.
	Presenters:	Brent Blackwelder, President, Friends of the Earth
		Cynthia Burbank, Associate Administrator for Planning, Environment, Federal Highway Administration
		Larry Charles, Exec. Director, Emeritus, ONE/CHANE, Inc.
		Michael Sullivan, Partner, Rothgerber, Johnson & Lyons, L.L.P.
	Moderators:	Thomas Jensen, Attorney, Sonnenschein Nath & Rosenthal LLP

10:30 am - 12:00 pm

Title: Assessment: Emerging Theory & Practice

Track: Understanding ECR Principles and Practices

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Roundtable Discussion

Room: Canyon Suite I

Max Seats: 50 Available Seats: 0 Percent Full: 100 % Waitlisted: 1/5

Description: Virtually all practitioners assess a conflict or agreement-seeking project before deciding to participate as a professional neutral, mediator or facilitator. The characteristics of these initial assessments vary from formal to informal, written to verbal, and overt to behind-the-scenes. In this session, we explore the de facto assumption that an initial assessment is a best practice, discuss the transformation of assessment to a near-prescriptive form, and offer a new framework for assessment theory and practice. A moderated panel of researchers, practitioners and users will offer their insights on assessments and critique the new proposed framework. The discussion will be based upon the results of a literature review, lessons from the On-line Dialog on Assessments conducted in 2003-2004, and ideas gained at the "Workshop on Assessments" conducted at the ACR Environmental and Public Policy Section Conference in Portland, Oregon, May 2004.

Objectives:		Learn about, discuss and critique assessment theory and practice.
		Facilitate exchange of innovations regarding assessment among practitioners and users.
		Follow-up and synthesize information on dialogues and workshop held in 2003-2004 exploring the theory and practice of assessment.

Presenters:

Martha Bean, Mediator, Collaborative Focus

Cynthia Mackey, Asst. Regional Counsel, U.S. EPA

Alice Shorett, President, Triangle Associates, Inc.

Glenn Sigurdson, Principal, The CSE Group

Moderators:

Michael Eng, Senior Program Manager, USIECR

10:30 am - 12:00 pm

Title: Collaborative Management of Water Resources

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Upstream (e.g., policy development, planning)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Canyon Suite III

Max Seats: 70 Available Seats: 13 Percent Full: 81 %

Description: Managing water resources is becoming increasingly critical in the West. Long an issue of contentiousness, this will only increase if new and creative means of dealing with water resources are not developed and applied. This panel will explore two efforts to use collaborative processes in developing conjunctive management strategies to address water resources issues. This session will also offer the opportunity to explore the water resources challenges of the next 10 years, and possible ways to more effectively address those challenges.

Objectives:		Provide insights into current and emerging water resources management challenges.
		Explore the potential value and limitations of applying collaborative strategies to water resources issues.
		Examine models for engaging water resources stakeholders in collaborative processes.

Presenters:

Ann Salomon Bleed, Deputy Director, Nebraska Dept of Natural Resources

Gregory Bourne, Managing Senior Mediator, Center for Collaborative Policy

David Orth, General Manager, Kings River Conservation District

Moderators:

Christopher Moore, Partner, CDR Associates

10:30 am - 12:00 pm

Title: Counting What Matters in Successful Collaboration

Track: Encouraging Innovation and New Applications

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Joshua Tree

Max Seats: 120 Available Seats: 17 Percent Full: 86 % Waitlisted: 1/12

Description: �Not everything that can be counted counts, and not everything that counts can be counted� (Einstein). The U. S. Congress, Office of Management and Budget and private funding organizations are requiring more accountability to determine how effectively their money is being spent. This panel will explore the challenge of defining successful collaborative processes (from partnering to collaborative problem solving and environmental conflict resolution) and linking them to improved resource conditions, increased social capital and improved governance. The panel will consist of practitioners and academics and agency leaders, each with different perspectives in demonstrating the outcomes of collaboration. The panel�s objective is to engage the audience in a dialogue about how we measure success and outcomes of collaborative processes and how best to communicate success.

Objectives:		How do we communicate successfull outcomes and build on the successes.
		What are the challenges to reporting successfull outcomes and impacts.
		What outcomes and impacts are funders looking for.

Presenters:

Rosemary O'Leary, Distinguished Professor, The Maxwell School of Syracuse University

Patricia Orr, Program Manager for Evaluation, USIECR

Richard Whitley, National Stewardship & Partnership, Bureau of Land Management

Moderators:

Christine Carlson, Executive Director, Policy Consensus Initiative (PCI)

10:30 am - 12:00 pm

Title: FACA - Bane or Boon for Collaboration?

Track: Understanding ECR Principles and Practices

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Canyon Suite IV

Max Seats: 70 Available Seats: 19 Percent Full: 73 % Waitlisted: 1/7

Description: This session will start with a short overview of the requirements and applications of the Federal Advisory Committee Act as it applies to collaborative processes, followed by short remarks by panelists including an ECR practitioner and various federal agencies regarding their pro and con experiences. The majority of the session will involve audience participation in analyzing and discussing practical applications of FACA to a number of collaboration scenarios derived from agency experiences. Come if you want to learn about how to apply or avoid FACA or if you have experiences you would like to discuss. Various reference materials on the application of FACA to collaboration will be available from panelists.

Objectives:		Share basics of FACA implications for collaborative processes.
		Identify key challenges of FACA for collaboration, especially as it is interpreted by different federal agencies.
		Engage in lively discussion of participant's experiences, frustrations and innovations.

Presenters:

Melissa Brandt, Dispute Resolution Specialist, U.S. Bureau of Land Management

John Ehrmann, Senior Partner, Meridian Institute

Art Gary, Deputy Solicitor Associate - General Law, U.S. Department of the Interior

Moderators:

Deborah Dalton, Conflict Specialist, U.S. EPA

10:30 am - 12:00 pm

Title: Fire Island Off-Road Driving Reg-Neg

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Midstream (e.g., rulemaking, permitting, facilities siting)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Panel Session

Room: Seminar Room

Max Seats: 54 Available Seats: 39 Percent Full: 28 %

Description: Fire Island is a narrow, 32-mile long island located off the south shore of Long Island, New York, that supports a state park, a county park, a national seashore, seventeen communities, and a seven-mile stretch of federal wilderness area providing habitat for endangered species. There are no federally designated �roads� within the National Park, and though there is driving, it is heavily regulated as part of the National Park�s off-road driving regulations. After years of growing conflict surrounding the complex driving regulations, the National Park Service set out to convene a consensus-based regulatory negotiation around a new set of driving rules among the numerous stakeholders involved. The panelists will present their unique perspectives and experiences from the Fire Island National Seashore Off-Road Driving Regulatory Negotiation Process; sharing what went well, challenges faced and lessons learned. This process was unique in using regulatory negotiation for a site-based regulation. The advantages and challenges of Reg-Neg use in this context will be discussed.

Objectives:		Share a case study on Fire Island Off-Road Driving Reg-Neg.
		Identify key lessons for potential uses on other sites.
		Seek questions and dialogue with participants.

Presenters:

Patrick Field, Managing Director, Consensus Building Institute

Barry Sullivan, Superintendent, National Park Service

Moderators:

Patrick Field, Managing Director, Consensus Building Institute

10:30 am - 12:00 pm

Title: Intercultural Conflict Resolution: Jemez River Lessons

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Agave

Max Seats: 120 Available Seats: 50 Percent Full: 58 % Waitlisted: 1/12

Description: Facing a serious drought, three small communities � one Hispanic and two Indian � chose to work together to solve a water rights issue rather than going to court. This session will show how their story inspired the development of an environmental conference. Lucy Moore and Roberto Chene formed an intercultural collaborative partnership to help organize a conference in August 2004 for the Utton Center which focused on ways of addressing water disputes across cultural boundaries. A video (with permission) will tell the story of the Jemez River settlement from the participants� viewpoints. Panelists will discuss the ingredients for successful intercultural conflict resolution, organizing a conference based on these ingredients, and lessons for community leaders, lawyers and mediators.

Objectives:		To identify the intercultural characteristics of a successful community-led resolution process and how they might be used in third party mediation.
		To explore ways of organizing an environmental conference, using as a centerpiece the knowledge and understanding of the intercultural historical context of the region.
		To explore intercultural ally partnering as a tool for environmental conflict resolution.

Presenters:

Roberto Chene, Director, S.W. Center for Intercultural Leadership

Lucy Moore, Principal, Lucy Moore Associates, Inc.

Peter Pino, Tribal Administrator, Pueblo of Zia

Gilbert Sandoval, Chairman, Jemez River Basin Water Users' Coalition

10:30 am - 12:00 pm

Title: National Collaboratives: Energy & Env. Policy

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Roundtable Discussion

Room: Canyon Suite II

Max Seats: 50 Available Seats: 8 Percent Full: 84 %

Description: Representatives will be invited from federal and state agencies (e.g., DOE and DOI), as well as others to discuss how collaboratives have assisted apparently adversarial stakeholders to address scientific and technical natural resource environment/development issues. Drawing from two cases; RESOLVE�s National Wind Coordinating Committee(wind's affect on avian and bat species) and National Geothermal Collaborative (use of renewables on federal land). Session presenters will provide examples on key topics such as the benefits of providing a forum for dialogue, when and how to convene, overcoming obstacles to collaboration success, financing and the importance of combining planning and concrete projects at the earliest stages. The moderator will also present a few newly created collaboratives and entertain new possible uses for collaboratives.

Objectives:		To describe the use of public/private policy collaboratives to address environmental conflicts.
		Projects to illustrate how to identify and discuss benefits and challenges of multi-agency/multi-party coordination: � National Wind Coordinating Committee � National Geothermal Collaborative.
		Brainstorming potential future uses of public/private collaboratives for environmental and public health policy and implementation.

Presenters:

Abby Arnold, Vice President/ Senior Mediator, RESOLVE

Fara Courtney, Principal, Good Harbor Consulting

Edgar DeMeo, President, Renewable Energy Consulting Services, Inc.

Roy Mink, Program Manager, U.S. DOE

Moderators:

Abby Arnold, Vice President/ Senior Mediator, RESOLVE

12:15 pm - 1:15 pm	Title: Optional Session: An Introduction to Federal Initiatives
	Track: Plenary Session
	Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)
	Target Audience: All Conference Attendees
	Type: Plenary Session
	Room: Presidio Ballroom
	Max Seats: 375 Available Seats: 229 Percent Full: 39 % Waitlisted: 1/38
	Description: There are several initiatives being sponsored by the federal government that offer opportunities for extending the use of ECR nationally. During this informal lunch time session, the following developments will be highlighted: The President's 2004 executive order on cooperative conservation that encourages collaborative processes; The U.S. Department of the Interior's 4C's Program: Conservation through Communication, Consultation and Cooperation; An interdepartmental ECR initiative sponsored by the President's Council on Environmental Quality; and The recently published report of the National ECR Advisory Committee.
	Presenters:	Kirk Emerson, Director, USIECR
		Thomas Jensen, Attorney, Sonnenschein Nath & Rosenthal LLP
		Robert Lamb, Senior Advisor, U.S. Department of the Interior
	Moderators:	Elena Gonzalez, Director, U.S. Department of the Interior

1:30 pm - 3:00 pm

Title: Collaborating on NEPA Alternatives Analysis

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Agave

Max Seats: 120 Available Seats: 38 Percent Full: 68 % Waitlisted: 1/12

Description: Alternatives are considered the "heart of the NEPA process" (40 C.F.R. 1502.14). Through identification and comparison of the impacts of "reasonable alternatives", the public and decision makers are informed of the options and likely consequences of a proposed action to meet a particular purpose and need. However, the recent increased attention being given to collaborative efforts and environmental conflict resolution has raised the question of whether alternatives analysis has a detrimental effect on collaborative efforts. The panel would explore the topic of how the process of identifying and evaluating alternatives affects collaborative efforts.

Objectives:		What has experience suggested regarding alternatives analysis and collaboration?
		Is there an effect, and if so, what it is?
		Consistent with legal requirements, are there creative ways to shape the process of, while reinforcing overall efforts at collaboration?

Presenters:

Dinah Bear, General Counsel, Council on Environmental Quality

Joe Carbone, National Environmental Policy Act Coordinator, USDA Forest Service

Michael Hughes, Senior Mediator, RESOLVE, Inc.

Mary O'Brien, Research Associate, University of Oregon

Moderators:

Dinah Bear, General Counsel, Council on Environmental Quality

1:30 pm - 3:00 pm

Title: ESA Recovery Plans: Using Collaboration

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Upstream (e.g., policy development, planning)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Canyon Suite IV

Max Seats: 70 Available Seats: 37 Percent Full: 47 %

Description: The Federal government is increasing its reliance on 'recovery planning' as a viable tool for managing and recovering endangered species under the ESA. Effective recovery plans will include clearly defined management strategies, sound scientific underpinnings, and broad support and buy-in by the publics most affected by the plans. Those publics range from agency biologists to private landowners, from industries to resource users and protectors, and from local officials to tribal governments (at least!). Each of these groups bring important information and 'sentiments' that can make or break the effectiveness of the final plan. Making sure that each public is heard, considered and effectively integrated into a final recovery plan is tricky business that agencies at all levels of government need to understand and embrace. In June 2004, the State of Oregon and the National Marine Fisheries Service (NOAA Fisheries) began a collaborative project to address the conservation of coastal coho salmon on the Oregon Coast. This panel session will describe lessons learned from establishing a 21 member multi-agency/public Stakeholder Team to tackle recovery planning. The interactive panel will address how this project can serve as a model for State/Federal and private cooperation to address Endangered Species Act (ESA) listing decisions and recovery planning on a large landscape scale. The panel will also provide insights into the challenges which can or cannot be overcome in such a process.

Objectives:		Provide an understanding of how and why a State/Federal collaborative partnership was created to address recovery planning under the Endangered Species Act (ESA).
		Describe and explore lessons learned about how a diverse 21-member Stakeholder Team can be formed to provide meaningful feedback to the state and federal bodies, while also serving as a conduit to local residents about recovery work.
		Discuss how this project can be a model for State/Federal action to carry out Endangered Species Act recovery planning and how similar approaches can be used in other regional decision-making.

Presenters:

Charles Corrarino, Conservation and Recovery Program Manager, Oregon Department of Fish and Wildlife

Rosemary Furfey, OR Coast Coho Recovery Coordinator, NOAA Fisheries

Moderators:

Donna Silverberg, Owner/Mediator, DS Consulting

1:30 pm - 3:00 pm

Title: Framing Joint Fact-Finding: Local & National

Track: Encouraging Innovation and New Applications

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Roundtable Discussion

Room: Canyon Suite I

Max Seats: 50 Available Seats: 11 Percent Full: 78 %

Description: Scientific information is often the driving force in resolving environmental disputes, creating environmental regulations and managing natural resources. Each presenter in this roundtable will give a brief overview of his or her experience in framing environmental problems and engaging in joint fact-finding. The experiences will come from the northwest, southeast and southwestern United States. The presentations will key on local experiences that have national implications for practice. After the brief presentations, there will be a facilitated discussion with the participants and the audience about the key issues, innovations, and approaches to framing problems and engaging in joint fact-finding.

Objectives:		Learning about professional experience in joint fact-finding.
		Learning about the ways joint fact-finding fits in the dispute resolution/resource management process.
		Learning about the dilemmas in framing researchable questions.

Presenters:

Michael Elliott, Associate Professor, Consortium on Negotiation and Conflict Resolution

Patrick Field, Managing Director, Consensus Building Institute

Herman Karl, Co-Director, MUSIC, Massachusetts Institute of Technology

Moderators:

Ric Richardson, Professor, School of Archit and Planning - Univ of New Mexcio

1:30 pm - 3:00 pm

Title: Ground Rules for Working w/ Difficult Groups

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Corporate Entities/Resource Users

Type: Panel Session

Room: Joshua Tree

Max Seats: 120 Available Seats: 2 Percent Full: 98 % Waitlisted: 1/12

Description: There are many dangers when using traditional ground rules in a stakeholder collaboration or group mediation or facilitation. This presentation and group discussion examines sources of problems among �difficult groups� using eight categories ranging from the group�s size to power imbalances among members. Specific tools and general principles for responding to the causes of �difficult groups� are offered. Assessing what level of cooperativeness can be expected from a group will be explored. Materials draw from the book "Reaching for Higher Ground in Conflict Resolution".

Objectives:		Examine the importance of ground rules and forming common expectations in stakeholder groups.
		Understand critical characteristics of groups (such as level of trust, diversity within the group, balance of power) that guide how a group leader guides the creation of group expecations and ground rules.
		Discuss participants� situations for the application of key group characteristics and innovative approaches to �establishing groundrules�.

Presenters:

E. Dukes, Director, University of Virginia

John Stephens, Coordinator, University of North Carolina School of Govt

Moderators:

John Stephens, Coordinator, University of North Carolina School of Govt

1:30 pm - 3:00 pm

Title: Landscape Level Conflicts: Watershed & ESA Cases

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Non-Government Organizations

Type: Roundtable Discussion

Room: Canyon Suite II

Max Seats: 50 Available Seats: 5 Percent Full: 90 %

Description: Natural resource management is increasingly occurring on a landscape scale. Whether it is under the rubric of ecosystem management, efforts to manage a specific watershed, or manage a threatened or endangered species, the landscape has increasingly become the focus of collaborative efforts to address conflicts. This roundtable discussion session provides an opportunity to explore both positive and negative implications of landscape scale collaborative processes. Issues discussed will include elements needed for success, potential pitfalls and complexities encountered when working with assorted governmental agencies and legal and administrative processes. Two brief case studies will be presented to start discussion.

Objectives:		Document insights about the increasing use of collaborative efforts on a landscape scale (e.g., lessons learned).
		Identify potential areas for additional research on collaborative processes that interface with a mosaic of governmental agencies - both formal efforts and citizen-driven.
		Provide an opportunity for all target audiences at the conference to exchange experiences and insights on addressing landscape scale conflicts.

Presenters:

Martha Tableman, Facilitator, Martha Tableman

Sarah Walen, Senior Mediator, Meridian Institute

1:30 pm - 3:00 pm

Title: Mediating Across Cultures

Track: Understanding ECR Principles and Practices

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Panel Session

Room: Canyon Suite III

Max Seats: 70 Available Seats: 8 Percent Full: 89 %

Description: This session�s purpose is to look at key cultural variables in mediation, and discuss ways practitioners may respond. Drawing on the experience of the panelists and research on conflict resolution methods from other cultures, (e.g., Brazil, Guatemala, and Philippines), this session compares practices, explores perceptions of appropriate practices and considers implications of intercultural mediation. Western mediation models are grounded in best/appropriate practices, including impartiality, objectivity to historical events leading up to a conflict, and employ techniques that foster agreements produced by the parties (rather than directing or issuing a resolution). Traditional conflict resolution methods of Native peoples of the Americas emphasize different skills and techniques. Native mediators are often known to the parties, with the credibility of the mediator resting on kinship, political position, or religious merits. The panel will focus on what connects, rather than what divides people when culture (what everyone in a group knows that those outside the group do not know) and mediation practices meet.

Objectives:		Explore "appropriate practice" concepts of cultures.
		Understand how practitioners may adapt their methods and styles when working interculturally.

Presenters:

Patricia Paul, Tribal Judge (pro tem), Patricia Paul, JD

Douglas Reagan, President, Doug Reagan & Associates, LLC

Wallace Warfield, Associate Professor, Inst. for Conflict Analysis and Resolution

Moderators:

Nedra Chandler, Principal, Cadence

1:30 pm - 3:00 pm

Title: Tiered Installation-Restoration Partnering

Track: Encouraging Innovation and New Applications

Application: Upstream (e.g., policy development, planning)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Seminar Room

Max Seats: 54 Available Seats: 49 Percent Full: 9 %

Description: Representatives from the Navy, EPA Region 4, and the Florida Department of Environmental Protection will discuss lessons learned from 10 years of tiered environmental partnering at Naval facilities located in Florida. The focus will be on describing collaborative process development and using the tiered partnering process to facilitate the introduction of technical innovation. Since 1993, Naval facilities in Florida have been partnering with the FDEP and EPA in order to complete hazardous waste remediation at the facilities in a more efficient and effective manner. The partnering process has been very successful in building cooperative working relationships at three different levels (tiers) between Navy and the regulators. Professional partnering facilitators help teams work across organizational boundaries to provide the quickest and most cost-efficient cleanup. Due to the partnering, relationship problems which arise during site remediation are resolved at the lowest level possible.

Objectives:

Environmental Partnering, Collaboration between regulators and agencies at the regional, state and facility level, using collaborative processes to introduce technical innovations.

Presenters:

Kenneth Lapierre, Branch Chief, Federal Facilities Br, U.S. EPA

Joseph McCauley, Director, NAVFAC EFD SOUTH

Eric Nuzie, Federal Facilities Coordinator, Florida Department of Environmental Protection

Moderators:

Robert Manley, Trial Attorney, Office of the General Counsel, Navy Litigation Office

3:30 pm - 5:00 pm

Title: Institutional Solutions for Env. Conflicts w/ Tribes

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Panel Session

Room: Agave

Max Seats: 120 Available Seats: 38 Percent Full: 68 %

Description: Over the last thirty years, many indigenous nations in North America have moved to take greater control over their lands, associated resources and environmental regulation, putting them in frequent conflict with non-indigenous communities and governments. This has created an environment ripe for both litigation and use of alternative forms of dispute resolution. This panel explores the development of intergovernmental agreements between indigenous nations and non-indigenous parties designed to resolve such conflicts. It combines two case studies with an analytical overview of recent growth in such agreements, focusing on joint management of species and geographical areas.

Objectives:		Gain an understanding of the types of intergovernmental agreements between indigenous nations and non-indigenous parties to resolve natural resource conflicts.
		Learn about the institutional opportunties and challenges before governments in planning and/or negotiating agreements.
		Heighten awareness of institutional informational and analytical resources available such as co-management agreements and the Native Dispute Resolution Network.

Presenters:

Stephen Cornell, Director, Udall Center for Studies in Public Policy

Charles O'Hara, Planning Director, Swinomish Indian Tribal Community

Sonya Tetnowski, Public & Tribal Affairs Manager, Bonneville Power Administration

Moderators:

Sarah Palmer, Senior Program Manager, USIECR

3:30 pm - 5:00 pm

Title: Mediation Through Irreverence: Humor in Practice

Track: Understanding ECR Principles and Practices

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Corporate Entities/Resource Users

Type: Roundtable Discussion

Room: Canyon Suite I

Max Seats: 50 Available Seats: -4 Percent Full: 108 % Waitlisted: 5/5

Description: �Dying is easy; Comedy is hard� � Unknown: Mediators work the crowd without a seven-second delay, a laugh track, or a net. It�s standup, improv and jazz. We facilitate the joy, pathos and hubris life offers, and humor is an essential part of the repertoire. It�s an equalizer and catalyst in the mediation process, supporting truth-telling, status reversals, doldrum recovery, and nonlinear thinking. This workshop is designed to identify: opinions on humor, how it is used and responded to; storytelling and improvisational techniques; and applications to mediation, including training and capacity-building. We will also discuss how mediators use humor to keep their joy and equilibrium intact.

Objectives:		Explore a seldom-discussed, yet critical aspect of mediation.
		Provide insights and implementation tools for mediators at all skill levels.
		Establish exceptional and rejuvenative mediation techniques for stakeholders and practitioners.

Presenters:

Dave Ceppos, Senior Mediator, Center for Collaborative Policy

Carie Fox, Principal, Fox Mediation

3:30 pm - 5:00 pm

Title: Post-Litigation Mediation for Complex Disputes

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Roundtable Discussion

Room: Canyon Suite II

Max Seats: 50 Available Seats: 14 Percent Full: 72 %

Description: The successful mediation of longstanding disputes associated with Corridor H Highway will be used to explore ways to use mediation during litigation, re-frame problems to bring parties to the mediation table and formulate workable solutions, and structure agreements that protect parties� interests and expedite construction. The Corridor H mediation resolved a seemingly unresolvable dispute between citizens concerned with environmental/historic resource impacts and State and Federal highway agencies following NEPA and Section 4(f) approvals. The session will be presented by the private counsel that represented the State in the mediation and are currently advising the State in implementing the mediated agreement.

Objectives:		Provide an understanding of the opportunities for mediation and the role that mediation can play in resolving disputes where litigation has already commenced.
		Foster innovative techniques for re-framing seemingly unresolvable conflicts, with the goal of bringing parties to the mediation table and creating opportunities for settlement.
		Identify creative ways to structure settlement agreements to reflect the mediated settlement, protect parties� future interests and allow construction of non-disputed portions of projects to commence.

Presenters:

Sheila Jones, Partner, Akin Gump Strauss Hauer & Feld LLP

Ian Shavitz, Counsel, Akin Gump Strauss Hauer & Feld LLP

3:30 pm - 5:00 pm

Title: Practical Uses of Multi-Party Monitoring in ECR

Track: Encouraging Innovation and New Applications

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Panel Session

Room: Seminar Room

Max Seats: 54 Available Seats: 5 Percent Full: 91 % Waitlisted: 1/7

Description: Multi-party monitoring is an increasingly important ECR tool. Environmental conflict resolution often requires parties to acknowledge as-yet-undetermined outcomes and the need to respond to changing circumstances over the term of an agreement. To the extent that agreements must be contingent upon emerging developments or developing scientific data, multi-party monitoring can be a tool for making management decisions over the life of an ECR agreement. Multi-party monitoring provisions are appearing in a broad spectrum of ECR agreements. Two frequently cited strengths are that it offers parties a continuing, participatory role, and it creates a strong foundation for mutual accountability and coordination among parties over time. Among cases to be presented is the Collaborative Forest Restoration Program (CFRP), a pilot USDA Forest Service program designed to help overcome conflict over forest management and build community capacity for forest restoration. CFRP requires that each grantee conduct a "multi-party assessment" of ecological and community capacity effects of their project.

Objectives:		Use three (3) case studies to explore various ways in which multi-party monitoring techniques have been implemented.
		Identify successes and failures in implementation of multi-party monitoring.
		Project future applications for multi-party monitoring in ECR.

Presenters:

Kimberly Lowe, Research Specialist, Ecological Restoration Institute

Mary Orton, Principal, The Mary Orton Company, LLC

Rosemary Romero, Principal, Rosemary Romero Consulting

Sarah Walen, Senior Mediator, Meridian Institute

Moderators:

Harry Grant, Attorney, Riddell Williams PS

3:30 pm - 5:00 pm

Title: Theory & Practice in ECR: Do They Relate?

Track: Understanding ECR Principles and Practices

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Panel Session

Room: Canyon Suite III

Max Seats: 70 Available Seats: 1 Percent Full: 99 %

Description: Is there a theory underlying ECR practice? Is there more to our practice than practice wisdom and interpersonal skills? This session will report on the outcome of a two-year, Hewlett funded project, to look at the conceptual routes of collaborative problem solving (CPS) practices and trainings. The approaches of twenty-five leading CPS trainers have been analyzed, and a conference of leading CPS theorists, trainers and practitioners will be held in February, 2005. The results of the research and conclusions of this conference will be presented. In addition, the results of this project will be compared with the outcomes of the USIECR project on translating ECR research into practice.

Objectives:		Understanding the theory that genuinely underlies ECR Practice.
		Looking at how ECR trainers use theory in creating practical training sessions.
		Considering the problems of making research and theory usable for ECR practitioners.

Presenters:

Kirk Emerson, Director, USIECR

Julie Macfarlane, Professor, University of Windsor

Bernie Mayer, Partner, CDR Associates

3:30 pm - 5:00 pm

Title: Urban and Rural: The View from Affected Communities

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Joshua Tree

Max Seats: 120 Available Seats: 49 Percent Full: 59 % Waitlisted: 1/12

Description: This session will focus on the ways in which government agencies can improve their interactions with affected communities, both urban and rural. There are many more commonalities between urban and rural communities than is often realized. The panelists will summarize the key findings and recommendations contained in the report of the National Environmental Conflict Resolution Advisory Committee. Specifically they will highlight their years of experience as community leaders who have interacted with a wide range of agencies, and they will detail the rationale behind the recommendations contained in the NECRAC report. They will focus particularly on how they believe the principles and practices of ECR can improve the relationships between communities and agencies engaged in challenging decision making. The discussion portion of the session will be structured around group response to a number of challenging issues facing communities and agencies.

Objectives:		Provide agency representatives with an understanding of the key concerns of rural and urban communities.
		Explore how the principles and practices of ECR can assist agencies in moving to more effective interactions with affected communities.
		Highlight how affected communities can be effectively involved in the NEPA decision-making process.

Presenters:

Larry Charles, Exec. Director, Emeritus, ONE/CHANE, Inc.

Stan Flitner, Owner & Operator, Diamond Tail Ranch Outfitters

Moderators:

John Ehrmann, Senior Partner, Meridian Institute

3:30 pm - 5:00 pm

Title: Visualizing Solutions: St. Croix River Crossing

Track: Encouraging Innovation and New Applications

Application: Midstream (e.g., rulemaking, permitting, facilities siting)

Target Audience: Non-Government Organizations

Type: Panel Session

Room: Canyon Suite IV

Max Seats: 70 Available Seats: 44 Percent Full: 37 %

Description: The U.S. Department of Transportation placed the St Croix Crossing on its list of the highest priorities for environmental stewardship and project streamlining. This panel discussion will focus on using visualization techniques to assist stakeholders as they seek to resolve the long-standing conflict over whether, where, and how to build a new bridge across the St Croix River, and how to preserve the existing lift bridge. The discussion will focus on the stakeholders' design workshop, the visualization tools used for public meetings and the role of visualization techniques in bridging the gap between stakeholders.

Objectives:		Help the participants understand how valuable visualization tools can be in resolving deeply held conflict over facility siting.
		Help the participants transfer the lessons learned in the St Croix case to their own conflict situations.
		Help the participants transfer seemingly abstract and subjective design/aesthetic ideas into real stakeholder dialogue and consensus building.

Presenters:

Rick Arnebeck, St Croix Project Director, Minnesota Dept. of Transportation

Michael Hughes, Senior Mediator, RESOLVE, Inc.

Howard Lieberman, Chair, Stillwater Heritage Preservation Commis.

Moderators:

Dale Keyes, Senior Program Manager, U.S. Institute for Environmental Conflict Resolution

7:30 pm - 9:00 pm	Title: Beyond Neutrality: A Talk With Bernie Mayer
	Additional Fee: $ 25.00 Guest Fee: $ 25.00
	Track: Optional Activities / Meals / Refreshment Breaks
	Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)
	Target Audience: All Conference Attendees
	Type: Roundtable Discussion
	Room: Presidential Suite 1234
	Max Seats: 36 Available Seats: 1 Percent Full: 97 % Waitlisted: 3/0
	Description: Join a few of your colleagues for a casual conversation with Bernie Mayer, author of Beyond Neutrality: Confronting the Crisis in Conflict Resolution. This special gathering will be held in a private hospitality suite with hors d'oeuvres and dessert. The discussion will serve as a timely and provocative call to conflict resolution students and practitioners to take a few steps back, reconsider basic assumptions and approaches, and set sights higher in terms of our ability to impact the way conflict is handled in our organizations, communities and world. Cost is $25 per person. Limited to the first 20 people who register.
	Presenters:	Bernie Mayer, Partner, CDR Associates

Thursday, May 26

8:30 am - 10:00 am

Title: Adapting Collaborative Planning Across 7,000,000 Acres

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Upstream (e.g., policy development, planning)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Seminar Room

Max Seats: 54 Available Seats: 25 Percent Full: 54 %

Description: The Grand Mesa, Uncompahgre, and Gunnison National Forests in western Colorado have applied a comprehensive pre-NEPA, community-based, collaborative process to engage multiple stakeholders in forest plan revision. Progress includes public contributions to five geographic area assessments that describe conditions and trends for key ecological, social and economic components, preliminary vision statements, desired conditions, objectives, and proposals to adjust management themes (zones) and suitable land uses. This ambitious ground-up approach has yielded benefits in community capacity, improved relationships and a more focused NEPA undertaking. Three years and 50-plus community meetings later, the forest planner, third-party neutral, a stakeholder, and an applied social scientist, share lessons-learned about the design, implementation and maintenance of this innovative project.

Objectives:		Participants will communicate their collaborative process experiences in this forest plan revision effort: tools and techniques that proved effective and those that did not, lessons-learned about managing internal and external expectations, and the need for flexibility and adaptive management.
		Share four different perspectives as to why and how this endeavor was or was not successful.
		Engage the participants in robust dialogue, that may lead to further enhancement of this or other collaborative efforts.

Presenters:

Kathleen Bond, Consultant, Kathleen Bond Consulting

Carmine Lockwood, Forest Planner, USDA Forest Service

Alan Staehle, Community & NGO Stakeholder/Representative, Public Lands Partnership

Moderators:

Sam Burns, Applied Social Scientist & Research Director, Office of Comm. Svcs., Fort Lewis Coll.

8:30 am - 10:00 am

Title: Collaborative Environmental Governance

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Joshua Tree

Max Seats: 120 Available Seats: 26 Percent Full: 78 %

Description: Practice is leading theory in developing new deliberative and participatory processes for involving citizens and stakeholders in governance. These new processes will come to be dominant in international, national, state, and local public institutions in the next twenty years. Collaborative governance processes include collaborative policy-making, deliberative democracy, and upstream uses of environmental conflict resolution. This panel will focus on collaborative governance processes that seek broad citizen engagement in making policy decisions, including deliberative democracy, e-democracy, public conversations, participatory budgeting, citizen juries, study circles, AmericaSpeaks� 21st Century Town Meetings, the Kettering National Issue Forum, collaborative policy-making, and other forms of deliberation and dialogue among groups of stakeholders or citizens. The skills required to use these processes to engage citizens in decision-making share much in common with skills in the field of conflict resolution and ADR: negotiation, active listening, framing and reframing, and facilitation skills. They differ, however, in who is included and for what purpose. Participants will discuss how and why environmental conflict resolution professionals should incorporate these processes into their practice.

Objectives:		To better understand new processes for citizen engagement and deliberative democracy.
		To explore the connections between these processes and environmental conflict resolution.
		To identify opportunities to use participatory and deliberative collaborative governance processes for making environmental and public policy decisions.

Presenters:

Terry Amsler, Director, Collaborative Governance, Institute for Local Government

Lisa Blomgren Bingham, Director, Indiana Conflict Resolution Institute

8:30 am - 10:00 am

Title: Is ECR Good for the Environment? How Can We Tell?

Track: Encouraging Innovation and New Applications

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Agave

Max Seats: 120 Available Seats: 41 Percent Full: 66 % Waitlisted: 2/12

Description: This session brings together leading researchers and public agency conflict resolution experts to examine what has been learned regarding the effects of ECR on the environment. The speakers will propose a framework for systematically addressing the pressing question: "Is ECR good for the environment?" We will present findings from ongoing projects that address this issue and conclude by posing several questions to engage attendees in a discussion of how best to carry out future evaluation of the relationship between ECR efforts and environmental protection. Assessments of ECR processes and community-based projects suggest that specific environmental improvements can be attributed to these processes and projects. Nevertheless, many important questions remain. In what ecological and social �units� should environmental effects be measured? What procedural factors are precursors to achieving positive environmental outcomes? How can ECR processes best incorporate credible science, cumulative group learning, and effective integration of ongoing monitoring and evaluation?

Objectives:		Improve collective capacity to evaluate environmental effects of ECR.
		Promote dialogue on effects of ECR on environmental quality.
		Develop action items for further progress on understanding the environmental effects of ECR.

Presenters:

William Hall, Conflict Resolution Specialist, U.S. E.P.A.

Mike Niemeyer, ADR Coordinator, Oregon Department of Justice

Andy Rowe, Principal, GHK International

Steven Yaffee, T. Roosevelt Professor of Eco Mngt, University of Michigan

Moderators:

Bonnie Colby, Professor, The University of Arizona

8:30 am - 10:00 am

Title: Mediation in Indian Country: A Superfund Case Study

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Downstream (e.g., enforcement actions, administrative appeals, litigation)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Roundtable Discussion

Room: Canyon Suite I

Max Seats: 50 Available Seats: 12 Percent Full: 76 %

Description: Discussion of superfund remedy issues is generally difficult and complex. When EPA considers how to clean up contaminated property under the Superfund process, future land use and cost issues are generally important and difficult. EPA has a legal mandate to select a cleanup plan based on the regulations governing the program (the National Contingency Plan or NCP), and not based on other factors. However, decisions about the remedy selection can, and often do, have major effects on the local community where the site is located. When a contaminated site is located on Tribal property, in addition to the usual remedy selection and cost issues at many sites, issues of Federal trust responsibility, future land use, the effect of the selected remedy on the community and costs often become more difficult. This panel discussion will cover some issues that the presenters have faced when mediating superfund cleanup issues in Indian Country.

Objectives:		To disucss how to mediate Superfund remedy selection issues.
		To disucss Tribal issues in the context of Superfund remedy issues.
		To discuss the mediation of complex, multi-party technical issues.

Presenters:

Daniel Dozier, Director, East Coast Programs, CDR Associates

Leigh Price, Attorney at Law, Indian Environmental Law and Conflict Resolution

Robert Saint-Aubin, Mediator, Saint-Aubin Mediation

Moderators:

Daniel Dozier, Director, East Coast Programs, CDR Associates

8:30 am - 10:00 am

Title: Modeling Collaborative Systems in Water Conflicts

Track: Encouraging Innovation and New Applications

Application: Upstream (e.g., policy development, planning)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Canyon Suite IV

Max Seats: 70 Available Seats: 32 Percent Full: 54 %

Description: This panel discussion focuses on the application of integrated systems modeling and decision analysis to the "upstream" planning stage of water conflict resolution. Use of a technical systems model in the planning stage helps differentiate facts from values and builds trust in the technical analysis. Decision analysis helps structure productive deliberation about values and applying those values to explore tradeoffs inherent in the facts. The panel uses three applications of technical systems models in water conflicts to focus on how such models help achieve public involvement goals and support value-laden tradeoffs in the decision making process.

Objectives:		Participants will be exposed to the existing and potential uses of systems dynamics models to promote resolution of water conflicts.
		Participants will learn how technical systems models can be applied in different stages of the planning process to build trust in the technical information that is used to support water resources allocation.
		Participants will be exposed to different ways of rigorously structuring collaboration to support an integrated technical analysis.

Presenters:

Craig Forster, Hydrogeologist & Research Professor, Univ. of Utah - College Arch. & Planning

Mark Lorie, Water Resources Planner, Institute for Water Resources

Vincent Tidwell, Principal Member of Technical Staff, Sandia National Laboratories

Moderators:

Hal Cardwell, Senior Policy Analyst, Institute for Water Resources

8:30 am - 10:00 am

Title: Surveying our Values and Considering Neutrality

Track: Understanding ECR Principles and Practices

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Roundtable Discussion

Room: Canyon Suite III

Max Seats: 50 Available Seats: 0 Percent Full: 100 % Waitlisted: 1/5

Description: ECR practitioners regularly work in contexts where powerful values, often linked to identity, are at the core of conflicts. As a group we either claim neutrality with respect to the substance of conflicts or, more recently, the ability to manage personal values in support of good process. Are these claims supportable? And is trust a more appropriate touchstone? This session is intended to open a discussion about the significance of values, neutrality, bias, and trust in ECR practice. We will conduct on online survey of ECR 2005 participants in advance of the conference and present the survey results as part of our conversation.

Objectives:		Conduct a constructive and provocative discussion among ECR practitioners and others about bias.
		Determine the level of interest in pursuing exploration of ECR practitioner bias and next steps.
		Introduce the use of an anonymous survey to support discussions.

Presenters:

Peter Adler, President, The Keystone Center

E. Dukes, Director, University of Virginia

Bernie Mayer, Partner, CDR Associates

Moderators:

Michael Harty, Senior Mediator, California Center for Collaborative Policy

8:30 am - 10:00 am

Title: Time Warp? Dealing With Long-Term Processes

Track: Understanding ECR Principles and Practices

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Roundtable Discussion

Room: Canyon Suite II

Max Seats: 50 Available Seats: 10 Percent Full: 80 %

Description: When dispute resolution or decision-making processes last several years, a practitioner is forced to navigate changing conditions. Agency leadership changes. Stakeholder motivations shift. Trust rises and falls. What are the best techniques for addressing and accommodating these changes? Facilitators for this session will discuss challenges they face working on the decade-long remediation of the DOE Fernald site and the ongoing regulatory process for the proposed high-level waste repository at Yucca Mountain. Participants will work in small groups to address specific hurdles and recommend strategies to manage complex, long-lived processes. Results of this roundtable discussion will be distributed to all participants.

Objectives:		Identify challenges of working on long-term (i.e., 3 years or longer) processes.
		Understand how changing motivations among stakeholders can affect decision-making.
		Produce a concise list of recommendations for accommodating changing conditions for long-term conflict resolution and decision-making processes.

Presenters:

Francis Cameron, Special Counsel for Public Liaison, Nuclear Regulatory Commission

Douglas Sarno, Principal, The Perspectives Group

10:30 am - 12:00 pm

Title: Can Federal Agencies Manage Adaptively?

Track: Encouraging Innovation and New Applications

Application: Upstream (e.g., policy development, planning)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Canyon Suite IV

Max Seats: 70 Available Seats: 4 Percent Full: 94 %

Description: The Bureau of Land Management, among many federal agencies, is seeking opportunities to implement adaptive management approaches to public lands management. BLM is experimenting with this approach in a major collaborative planning effort in Moffat County, Colorado. The panel will explore key opportunities and challenges of implementing this approach within a federal land use planning process, drawing on the perspectives of a diverse group of participants in the planning effort (BLM, local government and the environmental community). The panel�s objective is to engage the audience in a dialogue about emerging concerns and in discussion about applying these lessons to other settings.

Objectives:		Share reflections on the implementation of collaborative adaptive management.
		Raise critical questions on how to integrate collaborative adaptive management into existing planning processes and organizational systems.
		Draw on the audience's experience in the implementation of adaptive management.

Presenters:

Jeremy Casterson, Planning and Environmental Coordinator, BLM Little Snake FO

Jeff Comstock, Director, Moffat County

Moderators:

Richard Whitley, National Stewardship & Partnership, Bureau of Land Management

10:30 am - 12:00 pm

Title: Cleaning Up: All Congregations v. New Orleans

Track: Understanding ECR Principles and Practices

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Roundtable Discussion

Room: Canyon Suite II

Max Seats: 50 Available Seats: 27 Percent Full: 46 %

Description: Presenters facilitated collaborative decision making among community representatives (principally, members of a minority faith-based community organization, All Congregations Together) and city personnel regarding cleanup and redevelopment of a former municipal incinerator site. Presenters will review the history of efforts to reach a community-based agreement for cleanup and redevelopment of a brownfields site controlled exclusively by the City for incinerator operations. Presenters will also lead roundtable participants in a structured discussion of numerous problems and pitfalls that arose in the process, including the following: political influences on the collaborative decision making process; lack of good-faith participation by a key official; "experts" who serve a single party's interests; misrepresentation and "overselling" commitments; intervention strategies by the neutral facilitator; dealing with power imbalances between the public entity and community-based participants; the short-term and long-term benefits of an effective "envisioning" process with community members; and the community organization's role in cleanup activities.

Objectives:		Organizing a collaborative decision making process between community members and a public entity.
		Reconciling community organizing goals with mediator neutrality and legitimacy.
		Dealing with political influences on the collaborative process.

Presenters:

David Marcello, Executive Director, The Public Law Center of Tulane and Loyola

William Pitts, Dispute Resolution Professional, William R. Pitts

10:30 am - 12:00 pm

Title: Innovation and Evolution at the USIECR

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Roundtable Discussion

Room: Canyon Suite I

Max Seats: 50 Available Seats: 12 Percent Full: 76 %

Description: This roundtable will explore the first seven years of the innovative, yet still evolving, U.S. Institute for Environmental Conflict Resolution (USIECR). Facilitator, Rosemary O�Leary, will lead off by presenting a case study of the first seven years of the Institute. Three panelists, drawn from diverse sectors, will offer their comments and insights. Among the questions explored by the roundtable participants are the following: Has this innovative organizational model worked?; If yes, what have been USIECR�s greatest successes?; How might the model be improved?; and, What might the future hold for USIECR?

Objectives:		Explore the first seven years of USIECR.
		Discuss innovation in ECR organizations.
		Hear views from the top people in the field concerning the future of USIECR.

Presenters:

Rob Alexander, Ph.D. Student, Maxwell School at Syracuse University

Dinah Bear, General Counsel, Council on Environmental Quality

Gail Bingham, President/Sr. Mediator, RESOLVE, Inc.

Rosemary O'Leary, Distinguished Professor, The Maxwell School of Syracuse University

10:30 am - 12:00 pm

Title: Internal/External Mediators: A False Dichotomy?

Track: Understanding ECR Principles and Practices

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Joshua Tree

Max Seats: 120 Available Seats: 56 Percent Full: 53 %

Description: For many years, the field has wrestled with a purported dichotomy: Can in-house neutrals really be neutral, and can external neutrals really understand and work effectively within agency bureaucracies with intricate regulations and policies? The experience at EPA Region I explodes this myth. In fact, having both capabilities enhances the ability of agencies to tackle a host of difficult problems. The panelists will speak about their experience at Region I regarding the use of internal and external mediators. The panelists will talk frankly about the advantages and disadvantages of both kinds of neutral assistance and share stories about how each can enhance the other in a variety of cases.

Objectives:		Suggest hypothesis that the dichotomy of internal and external neutrals as a mutually exclusive choice, is false.
		Share numerous stories about effective collaboration among internal and external neutrals.
		Elicit stories and questions from the audience on the topic.

Presenters:

Patrick Field, Managing Director, Consensus Building Institute

Joshua Jacks, Mediator, Univ. of Massachusetts Boston

Doug Thompson, Mediator/Facilitator, The Keystone Center

Elissa Tonkin, Regional ADR Program Director, US EPA Region I

10:30 am - 12:00 pm

Title: Politics & ECR: Toward Consensus-Based Outcomes

Track: Understanding ECR Principles and Practices

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Roundtable Discussion

Room: Canyon Suite III

Max Seats: 50 Available Seats: -4 Percent Full: 108 % Waitlisted: 5/5

Description: Many high-profile ECR processes include the significant involvement of elected and/or appointed political officials, who are especially sensitive to the concerns, interests and sentiments of their constituents. This roundtable discussion will highlight some of the challenges and opportunities associated with the involvement and engagement of political officials in ECR processes for both the third-party neutral practitioners who design and facilitate, as well as the elected officials themselves who seek to convene fair, legitimate and productive consensus-seeking collaborative ECR processes. The goal of this session will be to elicit basic principles and practical strategies from the panel members and the audience that can be used to guide those who are attempting to convene, design and conduct collaborative ECR processes.

Objectives:		Explore challenges associated with the involvement of political officials in ECR processes.
		Define benefits and opportunities associated with the involvement and engagement of political officials in ECR processes.
		Learn about strategies for third-party neutrals and political officials who seek to convene fair, legitimate, and productivce consensus-seeking ECR processes.

Presenters:

Ralph Becker, Principal, Bear West

James Souby, President and CEO, The Oquirrh Institute

Greg Wolf, Director, National Policy Consensus Center

Moderators:

Michael Eng, Senior Program Manager, USIECR

10:30 am - 12:00 pm

Title: Sacred Sites & Cultural Places: Applying ADR

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: ECR Practitioners/ Attorney Mediators

Type: Panel Session

Room: Agave

Max Seats: 120 Available Seats: 43 Percent Full: 64 %

Description: Tribal Historic Preservation Officers and a State Historic Preservation Officer will share their perspectives and challenges in their roles when negotiating agreements with Native Americans, federal and land-management agencies, project sponsors, and other interested stakeholders; specifically on traditional cultural places and sacred sites, under Section 106 of the National Historic Preservation Act and related laws. Audience feedback is encouraged on how conflict resolution practitioners and preservation experts can assist one another and other interested stakeholders in these types of conflicts. Discussions will encompass reaching agreement on process and substance early on, or in actual or developing conflict situations.

Objectives:		To engage tribal and state historic preservation experts and an audience of conflict resolution professionals and other interested stakeholders to share insights on the types of conflicts that occur over traditional cultural properties and sacred sites.
		To explore opportunities for conflict resolution professionals to work with preservation professionals and other interested stakeholders on ADR tools for conflict solutions regarding traditional cultural places and sacred sites.

Presenters:

Alan Downer, Department Manager, Navajo Nation Historic Preservation Dept

James Garrison, Arizona State Historical Preservation Officer, Arizona State Parks

John Welch, Program Advisor / Assoc. Professor, White Mtn. Apache Tribe / Simon Fraser U

Moderators:

Deborah Osborne, Dispute Resolution Specialist, FERC

10:30 am - 12:00 pm

Title: Software Tools For Mitigating Conservation Conflicts

Track: Encouraging Innovation and New Applications

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Seminar Room

Max Seats: 54 Available Seats: 11 Percent Full: 80 %

Description: The availability and use of spatial decision-support tools is increasing rapidly. This session will describe the �tool landscape� based on recent surveys and highlight useful tools as well as current limitations. A new tool, NatureServe Vista will be used to demonstrate the capabilities of tools to 1) gather and integrate community values in biodiversity and open space; 2) evaluate compatibilities and conflicts between conservation objectives and polices; 3) create scenarios to mitigate conflict between conservation values and competing policies. Case studies in the use of Vista will be presented.

Objectives:		Define what spatial decision-support tools are and what they can and cannot do.
		Understand when to apply such tools and how to choose the right one for the task.
		Demonstrate the capabilities of a promising new tool, NatureServe Vista, and the various applications it can support.

Presenters:

Patrick Crist, Science Applications Manager, NatureServe

12:15 pm - 1:15 pm	Title: Mini-Plenary Lunch: ECR in Other Countries: The View Beyond Our Borders
	Track: Plenary Session
	Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)
	Target Audience: All Conference Attendees
	Type: Plenary Session
	Room: Turquoise III
	Max Seats: 200 Available Seats: 97 Percent Full: 52 %
	Description: Increasingly, ECR is being practiced abroad and in international contexts. What does successful ECR look like in other countries? To what extent does the practice vary with different cultures, political and legal contexts? What challenges do practitioners find, government agencies encounter, and advocacy groups face when participating in ECR processes? The speakers for this mini-plenary hale from Chile, Scotland, South Africa and Thailand. They will speak from their own experience on ECR practice, program development and research.
	Notes: Lunch to be served in the meeting room.
	Presenters:	Teodoro Kausel, Assistant Professor, Universidad Austral de Chile
		Pornthip Puncharoen, Deputy Director General, Ministry of Natural Resources and Environment
		Roger Sidaway, Hon. Fellow, Edinburgh University
	Moderators:	Rosemary Romero, Principal, Rosemary Romero Consulting

12:15 pm - 1:15 pm	Title: Mini-Plenary Lunch: Our Native Communities: The Environment & ECR
	Track: Plenary Session
	Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)
	Target Audience: All Conference Attendees
	Type: Plenary Session
	Room: Turquoise II
	Max Seats: 180 Available Seats: 103 Percent Full: 43 %
	Description: Is ECR an effective tool to address environmental and natural resource challenges before Indigenous people? The speakers for this mini-plenary will discuss the current state of the environment and the future natural resources and environmental conditions faced by Native groups in the coming decades. They will offer perspective on the extent legal and policy issues such as water rights, land use and jurisdiction, protection of sacred sites and the fulfillment of the federal trust responsibilities can be accomplished through mediation, collaboration and consensus building.
	Notes: Lunch to be served in the room.
	Presenters:	David Conrad, Executive Director, National Tribal Environmental Council
		Kevin Gover, Professor of Law & Affiliate Professor of the American Indian Studies, Arizona State University
	Moderators:	Kathryn Lynn, Sr. Conflict Management Specialist, US DOI

12:15 pm - 1:15 pm	Title: Mini-Plenary Lunch: Using ECR to Implement National Environmental Policy
	Track: Plenary Session
	Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)
	Target Audience: All Conference Attendees
	Type: Plenary Session
	Room: Turquoise I
	Max Seats: 180 Available Seats: 15 Percent Full: 92 % Waitlisted: 2/18
	Description: Representatives from the National ECR Advisory Committee will discuss their efforts over the past two years to answer this question: "Can ECR contribute to implementing our national environmental policy? Chartered by the U.S. Institute for Environmental Conflict Resolution, this Committee studied the connection between the principles and practice of ECR and the objectives of our National Environmental Policy as stated in Section 101. This mini-plenary will share the Committee's findings on this important question and encourage discussion on how to advance more successful ECR processes in the context of NEPA.
	Notes: Lunch to be served in the meeting room
	Presenters:	Donald Barry, Executive VP & General Counsel, Wilderness Society, The
		Dinah Bear, General Counsel, Council on Environmental Quality
		Gail Bingham, President/Sr. Mediator, RESOLVE, Inc.
		Christopher Kearney, Deputy Assistant Secretary, U.S. Department of the Interior

1:30 pm - 3:00 pm

Title: Challenges to Establishing Collaborative Institutions

Track: Encouraging Innovation and New Applications

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Roundtable Discussion

Room: Canyon Suite I

Max Seats: 50 Available Seats: -1 Percent Full: 102 % Waitlisted: 2/5

Description: While collaboration at the stakeholder level has benefited from dialogue among ECR practitioners, collaboration at the institutional level has not received as much attention. Decision makers across the United States face significant practical challenges in designing, establishing, and operating institutions and multi-agency, multi-jurisdictional processes based on collaborative principles. Some of the challenges are structural, such as budget processes that impose secrecy and single-agency focus. Others, such as protection of �turf,� are linked to identity and fear of change. This session will engage key decision makers from several large-scale environmental programs in a practical, problem-solving discussion with participants on challenges to establishing collaborative institutions. Decision makers have been invited from CALFED, the Everglades Restoration program, Platte River, Great Lakes and SF Bay Salt PondS. Federal law and structures will be a primary topic of discussion, including the federal budgeting process, Endangered Species Act, and Federal Advisory Committee Act, with attention to relevant state law equivalents such as the California Environmental Quality Act.

Objectives:		Assist decision makers by identifying and problem-solving key challenges they face to establishing collaborative institutional structures.
		Promote discussion among federal and state agency representatives about developing solutions to these practical challenges.
		Draw on the expertise and perspectives of ECR practitioners outside these programs in considering potential solutions.

Presenters:

Greg May, Executive Director, South Florida Ecosystem Restoration Task Force

Roger Patterson, Director, Nebraska Department of Natural Resources

Patrick Wright, Director, California Bay-Delta Authority

Moderators:

Michael Harty, Senior Mediator, California Center for Collaborative Policy

1:30 pm - 3:00 pm

Title: Improving Your Organization's Use of Neutrals

Track: Encouraging Innovation and New Applications

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Roundtable Discussion

Room: Canyon Suite II

Max Seats: 50 Available Seats: 15 Percent Full: 70 %

Description: This session will focus on how to work within the culture of your organization to increase the effective use of neutrals. Topics to be addressed include identifying situations in your organization which would benefit from the use of a neutral, identifying persons in your organization who would benefit from the use of a neutral, and specific ideas on how to "drum up neutral business" (for example, training particular persons in your organization). The roundtable format will be used to encourage all participants to share ideas that have worked for them.

Objectives:		Share ideas for how to increase the effective use of neutrals by your organization and how to identify/screen for situations in your organization that can benefit from the use of a neutral.
		Explore the barriers to neutral use posed by organizational culture & consider ways to overcome those barriers.
		Share lessons learned about how in-house neutrals can establish credibility within their organizations.

Presenters:

Catherine Garypie, Associate Regional Counsel, U.S. EPA

Lee Scharf, Sr. Conflict Resolution Specialist, U.S. EPA

1:30 pm - 3:00 pm

Title: Inside-Outside Collaboration: Facilitating Parallel Processes

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Upstream (e.g., policy development, planning)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Agave

Max Seats: 90 Available Seats: 30 Percent Full: 67 % Waitlisted: 1/5

Description: Most agencies that sponsor collaborative processes assume that the focus will be external - i.e. working with the public and affected agencies. Experience working on the Finger Lakes and Green Mountain National Forests' Plan Revisions suggests that it is also important to recognize internal dynamics within the sponsoring agency, since there may be a wide diversity of opinions among staff. Panelists will reflect on their insights and engage others in conversation about the wider application of convening parallel collaborative processes, including the implications for process design, capacity building, facilitating agreements and merging these two processes into a comprehensive whole.

Objectives:		To understand how recognizing and working with the diversity within an agency both strengthens that agency and increases trust with those outside.
		To see the link between a high quality outcome, in these cases forest plans, and the ability to factor in the full range of perspectives both inside and outside their agencies.
		Participants will learn from each other as they discuss strategies and techniques that allow the integration of internal and external collaboration.

Presenters:

Mike Dockry, Liaison - College Menominee Nation, USDA Forest Service

Melissa Reichert, Forest Planner, Green Mountain National Forest

Judith Saul, Executive Director, Community Dispute Resolution Center

Moderators:

Martha Twarkins, District Ranger, U.S Forest Service

1:30 pm - 3:00 pm

Title: Managing the Life Cycle of Long-Term Processes

Track: Engaging Multiple Governments, Parties and Affected Communities

Application: Upstream (e.g., policy development, planning)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Joshua Tree

Max Seats: 120 Available Seats: 46 Percent Full: 62 %

Description: High stakes public policy dispute resolution processes often extend for multiple years. This panel will draw on multiple cases to consider the unique challenges that apply in long term processes including: anticipating the shifting political and regulatory context; taking account of new budget realities; handling the promotion, turnover, and reassignment of stakeholders and staff; the de-facto role of the neutral as "institutional memory"; morphing views of the practical meaning of "agreement" and "implementation" and incorporating adaptive management; and knowing when to close out a process in the most constructive way for all concerned.

Objectives:		To consider the multiple stages and transitions inherent to long-running collaborative processes.
		To examine the dynamics of the shift in focus from building agreement to implementation.
		To bring clarity to the "end game" - knowing how to strike a balance between gaining full benefit from the ADR process while avoiding diminishing returns.

Presenters:

Bennett Brooks, Senior Associate, CONCUR, Inc.

Scott McCreary, Principal and Co-Founder, CONCUR, Inc.

Jonathan Raab, President, Raab Associates, Ltd

Elissa Tonkin, Regional ADR Program Director, US EPA Region I

Moderators:

Scott McCreary, Principal and Co-Founder, CONCUR, Inc.

1:30 pm - 3:00 pm

Title: NEPA Section 101 & Better ECR Outcomes

Track: Understanding ECR Principles and Practices

Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Roundtable Discussion

Room: Canyon Suite III

Max Seats: 50 Available Seats: 0 Percent Full: 100 % Waitlisted: 2/5

Description: NEPA and ECR practitioners are invited to a dialogue about NEPA Section 101. The report of the National Environmental Conflict Resolution Advisory Committee (NECRAC) reminds us that �Section 101 articulates a national policy for the environment that is an elegant and compelling philosophy of balance, innovation, and personal responsibility. It comes as close as anything we know of to framing a set of environmental, economic, and social goals that most Americans could agree upon. It holds the potential to bring common purpose to our fellow citizens� dealings with each other and their government�.� Would more explicit consideration of the principles outlined in Section 101 lead to better outcomes, both in EIS/EA or in consensus-building processes? How can we draw on consensus-building tools in the NEPA process to help Americans find solutions rooted in their shared values? And can Section 101 provide a framework for conversations about those shared values?

Objectives:		Greater understanding and awareness of provisions in Section 101 of NEPA.
		Ability to achieve better outcomes in tough, long-standing disputes.
		Expanded roles for neutrals.

Presenters:

Dinah Bear, General Counsel, Council on Environmental Quality

Gail Bingham, President/Sr. Mediator, RESOLVE, Inc.

Kirk Emerson, Director, USIECR

Moderators:

Gail Bingham, President/Sr. Mediator, RESOLVE, Inc.

1:30 pm - 3:00 pm

Title: The Promise of Negotiated Rulemaking

Track: Understanding ECR Principles and Practices

Application: Midstream (e.g., rulemaking, permitting, facilities siting)

Target Audience: Government Staff (Federal, State, Local and Tribal)

Type: Panel Session

Room: Canyon Suite IV

Max Seats: 70 Available Seats: 24 Percent Full: 66 %

Description: This session will feature a panel presentation by federal and non-federal participants in the U.S. EPA's All Appropriate Inquiry Negotiated Rulemaking(Reg Neg), required by Congress under the Brownfields Act, which resulted in consensus within eight months. Moderated by the Reg Neg's facilitator, a panel of EPA environmental justice and real estate industry representatives will analyze the benefits and challenges of negotiated rulemaking processes, including the opportunity for information sharing and learning among federal and non-federal negotiators. Session attendees will be encouraged to share their Reg Neg experiences and will leave with a better understanding of questions to consider when initiating and implementing a Reg Neg process.

Objectives:		Analyze the benefits and challenges of developing policies through negotiated rulemaking, from the perspective of federal agencies, affected communities and industry stakeholders.
		Explore how to ease the application of Reg Neg and what questions to consider when initiating and implementing a Reg Neg process.

Presenters:

Abbi Cohen, Partner, Dechert LLP

Deeohn Ferris, Executive Director, Washington Office/Env. Justice, Global Environmental Resources Inc.

Patricia Overmeyer, Designated Federal Official for the AAI, EPA - Brownfields Cleanup and Redevelopment

Moderators:

Susan Podziba, Public Policy Mediator, Susan Podziba & Associates

1:30 pm - 3:00 pm	Title: Tribal Negotiating with Local Communities
	Track: Engaging Multiple Governments, Parties and Affected Communities
	Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)
	Target Audience: Government Staff (Federal, State, Local and Tribal)
	Type: Panel Session
	Room: Seminar Room
	Max Seats: 54 Available Seats: 20 Percent Full: 63 %
	Description: Application of environmental protection laws, land use decision making, and resource management issues are frequent sources of interaction and sometimes conflict between tribes, local communities, and the federal government. Whether it's boundaries, environmental remediation, or fishing rights pursuant to a treaty, tribes and localities may have conflicting interests and express contrary positions. Yet, management of the environment and natural resources provides excellent opportunities for consensus building that accommodates the various competing values. This panel explores ways in which localities, tribes, and federal agencies can work together to achieve mutually beneficial results.
	Presenters:	John Bickerman, Principal, Bickerman Dispute Resolution, PLLC
		Daniel Dozier, Director, East Coast Programs, CDR Associates
		Cynthia Mackey, Asst. Regional Counsel, U.S. EPA
		Terry Williams, Fisheries and Natural Resources Commissioner, Tulalip Tribes of Washington
	Moderators:	John Bickerman, Principal, Bickerman Dispute Resolution, PLLC

3:30 pm - 4:30 pm	Title: Closing Plenary Session: Reflections on ECR 2005
	Track: Plenary Session
	Application: Multiple Applications (e.g., upstream, midstream, and/or downstream)
	Target Audience: All Conference Attendees
	Type: Plenary Session
	Room: Presidio Ballroom
	Max Seats: 375 Available Seats: 23 Percent Full: 94 % Waitlisted: 2/38
	Description: This closing plenary discussion will provide an opportunity for three commentors to synthesize and reflect on the sessions that occurred in each of the three conference tracks: Understanding ECR Principles; Engaging Government Parties and Affected Communities; and Encouraging Innovation and New Applications. The three commentors, Chris Moore, Lucy Moore and Peter Adler, are seasoned ECR practitioners with a shared, long-standing commitment to improving environmental decision making and collaborative problem solving. Their observations will provide final food for thought at the conclusion of the ECR 2005 Conference.
	Presenters:	Peter Adler, President, The Keystone Center
		Christopher Moore, Partner, CDR Associates
		Lucy Moore, Principal, Lucy Moore Associates, Inc.
	Moderators:	Kirk Emerson, Director, USIECR