The Queen Malia Estate has entered into an agreement with the Elima Iki Development Company (EIDC) for the leasing of 500 acres of land around Menehune Bay in Hawaii. EIDC is planning a world-class resort for the site – including eight hotels, two golf courses, recreational clubs, and private condominium units. The project has support from the business and construction community on the island but faces opposition from environmental groups and local residents. The Mayor has remained fairly noncommittal about the project and feels that a number of questions must be answered before he can decide on the proposal. He has invited designated representatives from the six groups most interested in the project to serve on a Special Advisory Committee, indicating that if five of the six groups can reach an agreement, he will go along with their recommendations.
The product includes:
- Full Teacher’s Package
- Teaching Notes
- Option Sheet
- Brief History of the Proposed Project
- Confidential Instructions for the Representative from Construction Now Hawaii
- Confidential Instructions for the Representative from the Development Information Association
- Confidential Instructions for the Representative from Hawaii’s Friends of the Environment
- Confidential Instructions for the Representative from Elima Iki Development Company
- Confidential Instructions for the Representative from Menehune Bay User’s Association
- Confidential Instructions for the Representative from Save Our Shores
- Confidential Instructions for the Facilitator(s)
- Successful facilitation of mediation of land use disputes involves attention to procedural concerns. The role of the neutral in establishing procedural guidelines should be clearly understood by all parties before substantive negotiation begins.
- It is difficult to ensure that all participants in a complex negotiation have a chance to be heard, and that the ideas expressed accumulate in a constructive fashion. One of the primary tasks of the facilitator or mediator is to ensure that an acceptable record of all discussions is kept.
- The facilitator or mediator is responsible for making sure that the group arrives at final decisions that resolve the issues at hand. It is often as difficult to get a group of disputants to agree on a process for deciding as it is to reach an agreement.
- Inventing new options is critical to finding a workable agreement in a complex public dispute. The line between facilitation and mediation begins to blur as the neutral facilitator takes a more active role in the invention of new options.
Negotiation, Environment Law
Geographic: United States
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