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<br />" <br /> <br />.'" <br /> <br />., ' <br /> <br />resolution process that is outside of the courts is difficull. There <br />are many psychological barriers to overcome. One of the most <br />difficult barriers is that this approach requires leaders to look for <br />emerging conflict and to devote resources to it, to raise that <br />conflict up. That is usually exactly the opposite of what managers <br />want to do. They light many brush Iires and conflagrations, so it <br />is very hard to convince them that they ought to take resources <br />away from those things that are at a crisis point and put them in <br />to long,term conflict managemenl. It is hard to get a1llhe parties <br />involved until things are at a crisis stage. It is also diflicull to <br />negotiate over what people view as their rights; and much of the <br />endangered species work involves both rights and symbols of <br />much larger issues that are hard to negotiate. <br />Also, people and politicians want to solve a problem, they <br />want to settle something, they want to take care of it and be <br />done with il. That is not really what resource management is <br />about. Mick Hollings's early work in adaptive resources <br />management recognizes that we will always need to be adjusting <br />our management practices. <br />Another problem is the political problem. Often, politically, <br />it is more advantageous to interest groups for them to be <br />involved in a major league battle than to engage in quiet <br />negotiation. It helps fund raising. Being in court has a lot a <br />visibility; it is not as good for the organization to be involved in <br />long-term, low,visibility negotiations. The Nature Conservancy is <br />an exception and has been remarkably successful. A lot of other <br />interest groups are beginning to take a different perspective on <br />this. <br />There are a lot of hurdles to get over, but I do think that <br />things are changing. We are seeing a lot of changes in <br />institutional barriers to conflict resolution. We are getting more <br />and more fools, particularly in the water resources area, to <br />manage water, to move water around, and to compensate people <br />that hold rights so that they can give water up to other purposes. <br />That is a hopeful sign. BA TNAs of key players change rapidly <br />and they are seeing that their best opportunity for meeting their <br />needs may not any longer be going through the courts, but <br />entering into some long-term negotiations. I think environmental <br />groups are beginning 10 see that Section 7 suits, while they may <br />win the battle, lose the war. They are seeing that it is more <br />important to Iind some way to engage in proactive, ahead-of,the- <br />fact negotiations at the watershed level, the broad habitat level, <br />and the ecosystem level. <br />My recommendations are to avoid leuing things come to a <br />point where one,shot, Iinal decisions have to be made. This type <br />of approach heightens the conflict and polarizes the issues. Try <br />to get parties involved in a dialogue as soon as possible. Start <br />with whomever will participate and build from Ihere. A lot of <br />parties in these disputes will say that they can't or they don't <br />want to enter into negotiation or a dialogue, but my experience <br />is that if you gel some of the players involved, many of the rest <br />will come if only to keep an eye on what the others are doing. <br />Critical mass can build rather quickly. <br />There are a lot of things that can be done with groups 10 <br />start building trusl. Data sharing or joint data colleclion is an <br />important way 10 build trusl. Also, getting the groups 10 agrcc 10 <br />Iry to seek funding for Ihe aClivity is a way to have Ihem work <br />together. Once funding for the activity is received, all parties <br /> <br />3 <br /> <br />have something invesled and they will defend it against <br />budget CUlling. If nothing else, people can usually agree to <br />start collecting base-line data, which is very important for <br />long,term managemenl. Parties should be rewarded for <br />negotiated approaches. Agencies, particularly, can do this. <br />Many interest groups need Iinancial assistance simply to <br />attend meetings, or begin eollecting data. And an amount of <br />money that a public agency would consider trivial can be a <br />boon to an interest group, and a major incentive to <br />negotiation. <br />