Presenters: Susan T. Wildau and Christopher W. Moore, CDR Associates (Collaborative Decision Resources), Boulder, CO
22 slide

Moore, Christopher W.

Wildau, Susan T.

English

Colorado Law

University of Colorado Law School Colorado Law Scholarly Commons Best Practices for Community and Environmental Protection (October 14) 2009 10-14-2009 SLIDES: Introduction to Constructive Engagement in the Oil and Gas Industry Susan T. Wildau Christopher W. Moore Follow this and additional works at: https://scholar.law.colorado.edu/best-practices-for-community-and-environmental-protection  Part of the Administrative Law Commons, Biodiversity Commons, Business Organizations Law Commons, Dispute Resolution and Arbitration Commons, Energy and Utilities Law Commons, Energy Policy Commons, Environmental Health and Protection Commons, Environmental Law Commons, Environmental Monitoring Commons, Environmental Policy Commons, Land Use Law Commons, Natural Resource Economics Commons, Natural Resources and Conservation Commons, Natural Resources Law Commons, Natural Resources Management and Policy Commons, Oil, Gas, and Energy Commons, Oil, Gas, and Mineral Law Commons, Science and Technology Law Commons, Soil Science Commons, State and Local Government Law Commons, Strategic Management Policy Commons, Urban Studies and Planning Commons, Water Law Commons, and the Water Resource Management Commons Citation Information Wildau, Susan T. and Moore, Christopher W., "SLIDES: Introduction to Constructive Engagement in the Oil and Gas Industry" (2009). Best Practices for Community and Environmental Protection (October 14). https://scholar.law.colorado.edu/best-practices-for-community-and-environmental-protection/13 Reproduced with permission of the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (formerly the Natural Resources Law Center) at the University of Colorado Law School. Introduction to Constructive Engagement in the Oil and Gas IndustryOctober 14, 2009Susan Wildau, CDR AssociatesCollaborative Decision Resourcesswildau@mediate.orgChristopher Moore, CDR AssociatesCollaborative Decision Resourcescmoore@mediate.orgSession Goals1. Understand stakeholder roles in constructive engagement (communities, industry, government, advocacy groups)2. Explore constructive engagement—the concept and the challenges3. Identify 6 practical tools and skills for successful engagement4. Draw lessons and conclusions for addressing challenges, identifying gaps and implementing new initiativesWhat is Constructive EngagementConstructive Engagement is Different From• Public relations• Public hearings• Public advocacy• Lobbying• Employee volunteerism• Philanthropy and charitable contributions• Voluntary PrinciplesConstructive Engagement ProcessesForums• Good neighbor agreements• Community advisory committees (company sponsored)• Independent /free standing CE organizations • Participatory studies (EIS/EA, baseline development or others)• Participatory monitoring or oversight committees• Grievance resolution systems and procedures• Multi-level interrelated/network of CE effortsProcesses• Informal talks• Stakeholder negotiations• Formal mediations• Formal problem-solvinggrievance mechanisms/proceduresExamples of Constructive Engagement Processes on the Western Slope• Garfield County’s Energy Advisory Board• The Rifle/Silt/Newcastle Community Development Plan• Genesis Palisade/Grand Junction Watershed Agreement• Community Counts• Individual companyprocesses• Government agency initiatives• Other examples???What Challenges Must be Met for Successful CE• A clear purpose (scope of issues, level of decision making, time span)• A credible means of initiating the process• Appropriate participation• Adequate resources• Mechanisms to address power issues among stakeholder groups• Sometimes—attention to a history of conflicts, problematic personal or organizational relationships• Sensitivity to cross-cultural issuesChallenges for Communities• Limited time• Funding and resource needs• Developing technical expertise• Distinguishing genuine CE efforts from public relations gestures• Accountability to constituents• Community organizing versus constructive engagement• Dealing with in-group conflictChallenges for Companies• Opening an issue for public scrutiny• Sharing sensitive information• Assessing the credibility of community members• Empowering a CE structure• Funding the processChallenges for Government• Role as convening authority• Roles of individual agency representatives• Government funding• Government as regulator, enforcer and negotiator• Sunshine versus confidentiality• Representing the general publicChallenges for Environmental Advocacy Groups• Limited time, funds and resources• Different skill set required for legal advocacy versus collaborationCautionary Tales—Pitfalls of CE• Power inequities• Time and resources required for CE• Timeliness• No guarantee of a successful outcome• CE can be abusedSix Skills for CE1. Assess and respond to both hazard and outrage2.Harness the powerof aikido3. Understand interests and the Triangle of SatisfactionPSYCHOLOGICALPROCEDURALSUBSTANTIVEINTERESTSTangible, measurableoutcomes or resultsHow we want to be treatedHow we want to feel aboutourselves and the otherpersonsOur desires for  participationOur preferred processes andpace for thinking throughissues and making decisions4. Use technical work/joint fact finding to resolve conflict and build trust5. Stakeholders are wise in resolving conflict. Ask them.6. Develop a local levelgrievance mechanism“Speak Out”“Let’s Talk”“Now You’reTalking”Resolved?SCREEN AND ASSESSDEFER TO 3rd PARTYACT TO RESOLVE LOCALLYREFER AS APPROPRIATEIMPLEMENT APPROACHTRACK AND DOCUMENTFEEDBACK AND LEARNNot resolved? Revise approachChoose local approachDecide, communicate decisionGRIEVANCE MECHANISM BLUE PRINTTstrengthenelutionhRECEIVE AND REGISTER GRIEVANCETo strengthenresolution approachREJECT COMPLAINTUTILIZE CUSTOMARY APPROACHCOMPANY PROPOSESSOLUTIONDECIDE TOGETHERUse 3rd party mediationIncrease capacity of key actorsLessons and Conclusions to Address Challenges, Gaps and New Initiatives22For More Informationwww.mediate.orgSusan T. Wildau—swildau@mediate.orgChristopher W. Moore—cmoore@mediate.orgCDR Associates100 Arapahoe Avenue - Suite 12 - Boulder, CO  80302 - Ph: 303.442.7367 

SLIDES: Introduction to Constructive Engagement in the Oil and Gas Industry

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SLIDES: Introduction to Constructive Engagement in the Oil and Gas Industry

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