Summer 1998 
 
The Mediator 
 
A Publication of the Institute for Environmental Negotiation (IEN) 
Department of Urban & Environmental Planning, School of Architecture, University of Virginia 
 

Design & Dialogue Partnership
 
vDefining Sustainability 
The US EPA wants to know how the concept of "sustainability" is being used in the 2,000-some grant applications for the federal Sustainable Development Challenge Grants. As part of IEN's newly formed Design & Dialogue Partnership with the Institute for Sustainable Design (ISD), the concepts of sustainability presented in these grant applications are being evaluated and coded for analysis. IEN Associates Catherine Cox and Scott Clark have already reviewed over 220 of the 617 grants; they expect to complete a summary report by mid-summer.
 

IEN Mediates and Facilitates…
 
vTobacco Farmers and Health Advocates Sign on to "Core Principles" 
Tobacco farmers and public health advocates from five southern states are establishing a number of common goals and interests, including sustainable community development. Most recently, in hope of influencing the final tobacco legislation, some 16 farmer organizations and 26 public health organizations signed on to a statement of "core principles" that should guide the development of legislation. The Core Principles have been given wide recognition and support, and their development has won plaudits ranging from the Virginia General Assembly to President

The Core Principles include support for:

Now in their fourth year, these unusual discussions were initiated by a coalition of public health groups led by Rebecca Reeve of UVA's Institute for Quality Health. The The Southern Tobacco Communities Project is planned to continue for another two and one half years, according to its facilitator Frank Dukes.
 
 
vBryan Park Interchange in Richmond 
Looking ahead twenty years, what should be done to ensure traffic safety and flow through the congested Bryan Park Interchange area, while protecting and preserving a much beloved Bryan Park? Advice will be provided to VDOT, the Commonwealth Transportation Board, local governments, and the Richmond Metropolitan Planning Organization (MPO) for its 20-year plan, by the Bryan Park Interchange Advisory Committee.

Now in its ninth month of work, the Bryan Park Interchange Citizen Advisory Committee continues the consensus building/mediation effort led by Frank Dukes and Tanya Denckla. The engineering firm Michael Baker, Inc. recently presented its findings on the current traffic levels in the Interchange study area, including average speeds, points of congestion, and accidents. The Citizen Advisory Committee will hear presentations this summer about multi-modal transportation before it considers various design options in the fall.
 
 
vThe New Environmental Mediation Legislation: Information Session in August 
With the support of the Secretary of Natural Resources J.P. Woodley and the assistance of the EMU Institute for Peacebuilding, IEN is working to convene an information meeting on the environmental mediation legislation (§10.1-1186.1). The law generally empowers the Air, Water and Waste Control Boards to use mediation for dispute resolution or consensus building, with some constraints and considerations.

Scheduled for Friday, August 7 in Richmond, the meeting will include key state agency staff, trade organizations, mediation providers, and university programs. The meeting will offer an opportunity to learn about the law, how and when it can be used, and potential benefits of its use. If you're interested in attending, please contact Tanya Denckla: 804/924-1970.
 
 
vThe Virginia Coastal Program 
Recently called the "sleeping giant" of Virginia's environmental programs, the Virginia Coastal Program (VCP) is taking a fresh look at how it goes about protecting Virginia's abundant and valuable coastal resources. Facilitated by Rich Collins, with assistance from Associates Tanya Denckla, Michele Webster and Hanh Le, IEN is half-way through the eight-month process of creating a multi-year strategic plan for the VCP. The process involves interviews, research, focus groups with stakeholders, as well as a public meeting to be held in late July or August. One of the many challenges faced by the VCP is how to bring focus and direction to a program that is implemented by multiple agencies and at multiple levels of government.
 
 
vConservation Land Acquisition 
Efforts to find creative ways to preserve open land in Virginia are continuing. Key stakeholders in the land trust and preservation movement met a third and fourth time in Spring 1998. The effort is being facilitated by Rich Collins and the assistance of Associates Scott Clark and Evan Lowenstein. Several mechanisms have been identified which might establish a steady source of funding for conservation easements and conservation land acquisition. The work is expected to continue through 1998.
 
 
vModel Wellhead Protection 
Available in September Funded by the Virginia Ground Water Protection Steering Committee, Bruce Dotson, with Associate Evan Lowenstein's assistance, is making good progress on a Model Wellhead Protection Implementation package. The package will include model plans, ordinances and outreach programs for Virginia localities. The package will be available in September from Mary Ann Massie with the Department of Environmental Quality.
 
 
vGround Water Protection Steering Committee 
Since 1986, IEN has facilitated the work of this inter-agency committee to coordinate needs and training in the state relating to ground water. Committee members have been sharing information about recent legislation affecting ground water. The March meeting, facilitated by Frank Dukes, focused on the structure and activities of the U.S. Geological Survey. In May, Jean Tingler of the Virginia Economic Development Partnership, has agreed to provide a review of state GIS activities.
 
 
vPollution Reduction and Effluent Trading  
Effort to establish a Roundtable on Effluent Trading, facilitated by Rich Collins with the assistance of Michele Webster, are proceeding. The Roundtable would explore the potential, if any, for establishing an effluent trading system in Virginia. The goal would be to ensure that any system, if initiated, would provide at least equal, and preferably better pollution control than the current permit-based system. A market-based system, an idea initiated in Virginia by Len Shabman of the Virginia Water Resources Research Center (VWRRC) of Virginia Tech, would allow shares of pre-established water pollution allowances to be traded, much like sulfur dioxide (SO2) is currently traded.
 
 
vUses for the Historic Mainland Farm 
In March, IEN's Frank Dukes facilitated a visioning exercise by members of the Board of Directors of the Williamsburg Land Conservancy to envision future uses of the 216-acre Mainland Farm. The site has historic significance and is located near Jamestown and Greenspring Plantation. 
 

IEN Research…
 
vEvaluating Consensus Processes 
With the assistance of Frank Dukes, the Montana Consensus Council is assessing the effectiveness of its consensus-building work. This evaluation program is intended to lead to specific recommendations on how the Council can improve the quality of its services, including education and training programs, research, and publications.

Preliminary recommendations have been developed based upon interviews with Council Board members and private foundation staff familiar with Council activities, extensive discussions with the Council's Executive Director, and a review of appropriate Council material. Efforts made to learn how other consensus building and conflict resolution institutions evaluate their programs and impact revealed few such efforts, and indicate the leadership role in the United States that the Montana Consensus Council is playing by giving such close attention to the need for evaluation.
 
 
vLocal Development at Forest Lakes 
A survey to gauge community sentiments about how a parcel of land to the east of Forest Lakes could be connected with the existing communities, has been completed by the UVA Center for Survey Research (CSR). The survey was commissioned by the Kessler Group, a local developer, to help it determine an appropriate development strategy. The survey results will be released to the public by the Kessler Group. Working with CSR staff, Tanya Denckla conducted preliminary interviews of stakeholder groups as well as a focus group that pre-tested the telephone survey.
 

IEN Active In Community …

WOn the heels of a busy semester of projects and teaching the "Legal Aspects of Planning," Rich Collins will head west in late May to Arizona to assist in the development of the new US Institute for Environmental Conflict Resolution. The Institute is a new independent federal agency established and funded by Congress within the Morris K. Udall Foundation.

In June Rich will head east, when he accompanies environmental journalists and leaders to South Africa, Zimbabwe and Malawi to visit African community conservation efforts to protect wildlife.

WInvited to be keynote speaker at the March Common Ground conference in Sydney, Australia, Frank Dukes was kept busy throughout his visit "down under." He offered several other talks, including one to multi-national corporations, and conducted a training in consensus building for public officials and environmentalists in the Australian capital of Canberra, which he describes as a beautiful and beautifully planned city.

The rest of Frank's semester was busy as well! Besides teaching the "Negotiating Public Policy" class this spring, he led a session on evaluation of consensus building at a forum sponsored by the University of Montana's School of Law. He led a session on diversity at the Society of Professionals in Dispute Resolution Environment/Public Policy Sector in March at Chapel Hill, and continued his mentoring through the African-American Mentoring program at UVA.

WIn December Bruce Dotson completed four years on the Albemarle Planning Commission. In addition to his IEN responsibility and teaching a course on "Consensus Building, Mediation, and Negotiation," Bruce also serves as Chair of the Department on Urban and Environmental Planning.

WFor the Mediation Center at FOCUS in Charlottesville, Tanya Denckla conducted the 20-hour Basic Mediation Skills certified by the Virginia Supreme Court. A Virginia certified mediator, she continues to mediate family cases in Charlottesville and Fluvanna in addition to her work at IEN. Tanya also serves actively on the Board of the Rivanna Conservation Society.

WMichele Webster will be sorely missed as she moves to her new job with the Central Intelligence Agency. (She can't tell us what she's going to be doing, but ...pssst!.... it has something to do with the environment.) Congratulations, Michele!

WIEN helped its Associates celebrate graduation with a lunch party at the Faculty Club. Congratulations to Scott Clark, Catherine Cox, D.J. Gerkin and Evan Lowenstein for their accomplishments and Masters Degrees from the School of Architecture!


CIEN continues to be supported by foundation grants as well as fees for service, a combination of funding that enables us to provide services to a wide range of clients and also maintain our independence. Many thanks to the Virginia Environmental Endowment for providing continued support to IEN and for initiating the new Design and Dialogue Partnership.


IEN Senior Staff :

Richard C. Collins, Director, rcc3f@virginia.edu
E. Franklin Dukes, Associate Director, ed7k@virginia.edu
A. Bruce Dotson, Senior Associate, abd8p@virginia.edu
Tanya L.K. Denckla, Senior Associate, td6n@virginia.edu
Michele Webster, Consultant
Barbara H. Jones, Secretary, bhj@virginia.edu
IEN Associates Academic Year 1997-1998:
Scott Clark
Catherine Cox
D.J. Gerken
Hanh Le
Evan Lowenstein

UNIVERSITY OF VIRGINIA
Institute for Environmental Negotiation
School of Architecture, Campbell Hall
164 Rugby Road
Charlottesville, VA 22903
 
For more information, contact us at: Tel: 804/ 924-1970 Fax: 804/ 924-0231.


 TheEarth
IEN home.