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Background
Consensus-Based Stakeholder Processes
Mediation of Disputes Involving State Agencies
Related Web Sites
Public Policy Consensus & Mediation:  State of Maine Best  Practices

Key Steps of a Consensus Process

  1. How to do an internal agency’s assessment
  2. How to do an external stakeholder’s assessment
  3. How to select and work with a facilitator or mediator
  4. Establishing a representative group
  5. Establishing ground rules
  6. Disclosing timing and funding constraints
  7. Phases of work
  8. Finalizing the Agreement

Key Step 3: How to select and work with a facilitator or mediator

Choosing a Facilitator

In a consensus process, the basic management tasks include making an assessment, organizing the process, facilitating meetings, and brokering or mediating communications. Managers of these tasks are usually called facilitators or mediators. Both are borrowed terms and neither quite capture what a manager of a consensus process may need to do. "Facilitator" comes from the task of managing or chairing a meeting. "Mediator" comes from the field of dispute resolution and refers to someone who helps people settle their own disputes without taking sides. Both must be neutral as to the subject matter and act impartially toward the parties. They need to be able to earn the confidence of the parties. They serve at the pleasure of the parties and need to be able to withdraw if their continued involvement is not acceptable.

What does a facilitator do in a consensus process?

Before -- Facilitators assess prospects for consensus by conducting interviews with the sponsor and the other stakeholders. Based on the interviews, they analyze whether a consensus process is feasible, then prepare their assessment without favoring the sponsor with the strategic advice or recommendations that could harm the interests of another party.

During -- Facilitators prepare for and manage the discussions as well as write meeting summaries. They see to it that information needed for each meeting is assembled and distribute to all participants in time.

After -- Facilitators assist with drafting agreements, and, if requested, manage meetings during the implementation period (s).

Should a facilitator from inside or outside the sponsoring agency manage the process?

In some consensus processes the agency and parties share tasks, for example by taking turns as chair and recorder. In others, an employee or representative of the sponsor or of the stakeholders may be acceptable to all parties as facilitator. These options will succeed if the parties have good working relationships and the atmosphere is genuinely collaborative.

If the facilitator is an agency staff member, the agency should establish an in-house policy or agreement with the "inside" facilitator that specifies the boundaries the facilitator will adhere to in order to preserve his or her impartiality and accountability to the participants. It is especially important to address how the facilitator will protect confidential information. Inside facilitators may need to remind other government participants to deal with the facilitator as a neutral, not a colleague.

If parties distrust one another, a facilitator affiliated with one of them may not be able to perform all of his or her required tasks. Participants may need to reveal information to the facilitator that they would not want other parties to know. They must trust that the facilitator can keep such confidences without having a potential conflict of interest. For example, a crucial first step is getting straight answers about whether people want to try to reach consensus. If a key party is not interested even in talking about whether and how to organize a process, that needs to be learned promptly.

Facilitating consensus processes is a profession and these facilitators offer the benefit of experience. Knowing what has worked and what has failed in other cases is useful expertise. Lessons learned from sitting in the facilitator's seat can save parties-and the facilitator-time and aggravation.

What qualifications does a facilitator need?

The most important qualification is past experience as facilitator and mediator of complex, public conflicts involving many parties.

How to identify and select an independent facilitator

There are three basic steps to finding a facilitator:

  1. Identify the pool of candidates - some agencies now maintain a list of professionals.
  2. Narrow the list of candidates to those you want to interview - Consider issuing a Request for Qualifications.
  3. Interview the candidates -- In an interview you will be able to observe each candidate's personality, style of interacting, and ability to communicate effectively.

Rosters of Neutrals on the Web

Notice: The authors of this web site have not evaluated the credentials of ADR practitioners listed on these rosters. Agencies hiring a facilitator should be sure to make an independent evaluation of the qualifications of such professionals.

Maine CADRES Directory of ADR Neutrals in Superior Court Rosters

CPR Institute for Dispute Resolution: Panels of Distinguished Neutrals

Maine Association of Dispute Resolution Professionals: ADR Practitioners

New England Association for Conflict Resolution: Directory of ADR Providers

Qualifications of a Facilitator Checklist

Ability to...

  • Be neutral as to the outcome of the process
  • Earn the confidence of the parties
  • Know when to recommend not using a consensus process if conditions are unsuitable.
  • Be sensitive to cultural, ethnic, and gender differences.
  • Maneuver in political situations without being manipulative
  • Work for many bosses at once.
    Be a quick learner
  • Demonstrate creativity and be willing to improvise, since very case is different.
  • Deal with unforeseen circumstances.
  • Be a good listener, speaker, and writer.

Knowledge of...

  • The nature of conflict and the conditions that motivate people to negotiate
  • The principles that underlie consensus processes and the variety of structures that parties have devised for different process.
  • The various techniques associated with facilitation and mediation
  • The nature of group dynamics
  • The skills of interest-based negotiation and consensus building, and the ability to teach these skills.
  • How to construct good agreements and link them to the official decision making process.
  • How a successful process proceeds from initial contacts and exploration of feasibility to organizing the process, substantive decisions, and implementation.
  • When steps can be safely be abbreviated so the process can move efficiently.

Professional Ethics...

  • Resist undue influences by parties and be willing to withdraw if attempts to influence persist.
  • Disclose any associations with the sponsor or other participants.
  • Be willing to withdraw if a party loses confidence.