community action

Multi-Party Negotiation for Conflict Resolution

Pattern ID: 
759
Pattern number within this pattern set: 
79
Helena Meyer-Knapp
The Evergreen State College
Stewart Dutfield
Graduate and Continuing Education, Marist College
Version: 
2
Problem: 

Any challenge to the status quo can lead to conflict, which raises a key problem: how to shift the conflict creatively to achieve real change. Even within like-minded social change communities, participants can find themselves in conflict with each other. To negotiate over disagreements on the basis that only one of the affected parties can gain at the expense of all the others is to perpetuate the status quo, and often leads to everyone involved feeling that they have lost more than they have gained.

Context: 

Organizations and communities dedicated to social change will encounter intense disagreements since they are working among people with strongly held beliefs and differing agendas. Many strategic action choices set up conflicts that do more to perpetuate the status quo than to change it: protests, negative media campaigns, lawsuits and regulation battles are time-honored tactics, but their win/lose dynamic tends to polarize opinions around longstanding hostilities. Problems can also arise when attempting to resolve conflicts by relying on a third party to mediate the issues, particularly if the dispute affects multiple divergent and distinct parties. Increasingly, social change actions are developed in settings at which participant decision-makers represent people from around the world. The UN Decade of the Women

Discussion: 

Starting in 1981 with the publication of the Ury and Fisher book “Getting to Yes: Negotiating Agreement without Giving In,” Americans, in particular, learned to imagine solutions to conflicts in which constructive win/win solutions replaced the win/lose model. Ury and Fisher centered on negotiation, and negotiation remains a critical conflict strategy. Their Program on Negotiation at Harvard University Law School, operates as a training and research center with a particular focus on large scale and international conflicts, using a fourfold process: (a) separate the people from the problem; (b) focus on interests, not positions; (c) invent options for mutual gain; and (d) insist on using objective criteria. Central to this process is the ability to recognize whether a proposed agreement is in one’s interest; the best alternative to no agreement (BATNA) is a clear understanding of what one will do if no agreement is reached.

Good communication skills and versatile approaches to problem definition are critical to negotiation and to conflict resolution in general. There is no single posture or style which connects across all cultures and power differences, but many people have found Marshall Rosenberg’s training useful for learning to listen effectively and learning to ask clearly. Michelle Le Baron’s book offers detailed descriptions of good practice for respecting specific cultural factors that will impact any negotiation. Meyer-Knapp’s analysis of attempts to end wars highlights some additional factors: secrecy can facilitate progress in difficult talks, key leaders must be involved and success often depends on all parties publicly agreeing to end retributive and punitive actions.

Some conflicts become so embedded in communities that it comes to seem impossible even to discuss them. Two programs illustrate options for opening up the dialogue. The Public Conversations Project has set up forums for private and extended dialogue on abortion in the United States. In the cities where they have worked there is an increasing willingness to reach across the divisions. The Health Bridge Project in the former Yugoslavia achieved a similar effect by setting up clinics and health care recovery projects staffed by professionals from among the hostile Serb, Croat and Bosnian Moslem communities. One particular peacetime derivative of military “gaming” uses an intensive negotiation/planning protocol in which the stakeholders are explicitly required to negotiate from the perspective of someone other than themselves.

Intra-organizational disputes can be softened if workers and board-members routinely engage in mediation and facilitation training. Then, should a disagreement arise, they can use the skills on their own behalf. However managers must remember that in US law and culture, once an organizational dispute has arisen, decisions that withstand leglistic challenges are based in well grounded due process. The essentials of due process are timely handling of complaints, neutrality of decision-makers in relation to the dispute, the right of appeal, and an opportunity for all sides to have their point of view heard.

This pattern links to Conversational Support Across Boundaries, Citizen Diplomacy, Peaceful Public Demonstrations, Collective Decision-Making, Appreciative Collaboration

Solution: 

Conflict can supply a positive impetus to improve the situation, often through negotiations among a variety of opposing parties. So, approach change prepared to acknowledge and actively deal with conflict. To generate lasting change, use an imaginative array of conflict strategies and skills including negotiation, multi-party process, and cross cultural dialogue. To enable constructive outcomes, negotiate with flexible and compassionate attitudes to opposing parties. Organizations should develop and regularly review their capacity for negotiation and dialogue, both internally and externally. Schools at all levels should be teaching skills in negotiation, conflict resolution, and communication. In complex situations, each participant must be willing to assume the responsibility of negotiating for themselves.

Verbiage for pattern card: 

Is it possible to shift conflict creatively to achieve real change? Recently people have begun to imagine solutions to conflicts in which constructive win/win solutions replace the win/lose model. To generate lasting change, use an imaginative array of strategies and skills including negotiation, multi-party processes, and cross cultural dialogue.

Pattern status: 
Released

Grassroots Public Policy Development

Pattern ID: 
862
Pattern number within this pattern set: 
78
Douglas Schuler
Public Sphere Project (CPSR)
Michael Maranda
Association For Community Networking
Version: 
2
Problem: 

Ironically, public policy development is very unpublic. It's often silent, invisible, and developed "behind the scene." This results in poor public policy that favors narrow interests and blocks progress. As power and wealth become more concentrated, wealthy people and institutions become more and more dominant in the policy arena. When that happens, local and marginalized voices are not heard; people feel disempowered and disengage further from the political process. "Ordinary" people generally stay far from the public policy arena. They feel isolated and are unaware that others are striving towards positive change. When there are public policy successes, they're not often shared with other communities and the people at the grassroots who enter the public policy arena often must needlessly reinvent the wheel.

Context: 

As our lifeworld becomes more and more complex governance also grows more complicated. Meanwhile the need for sound policy becomes more essential. There are opportunities for grassroots political engagement for every policy issue that is at stake. Increasingly this will involve the intelligent use of new media and the Internet. Moreover, in this context, the development of the Internet — and policies regarding citizen use of and oversight of ICT in general — make these a critical areas in themselves for grassroots public policy development.

Discussion: 

Public policy determines whether a new library is built — and where — and how a new clinic for homeless people is funded — or not. It even determines to a large degree who has access to communication services and who has the right to control them. Although it is often "public policy" which silently promotes or discourages certain public actions, the development, maintenance, use, and, often, the very existence of the "public policy" is about as far from "public" as can be imagined.

Policy is governance. It helps address questions like, How will we live together in a complex society? How will we deal with the problems of our time and how we collectively define what those problems are? Will governance be of the people, by the people, for the people? or will it succumb to the defects resulting from a concentration of power and wealth? This pattern is closely related to Power Research because the information uncovered is likely to be useful in determining how policy is developed and what alternative practices may be effective for developing alternative policies from the grassroots.

Public policy often has a technocratic air about it. It's often constructed by "wonks" just as computer code is produced by "geeks" and both geeks and wonks are stereotypically portrayed as social misfits who prefer complicated and artificial arcana to the "real world" (of flesh, blood, emotions, etc.). But while it's true that policy development (like computer development) does have its degree of inherent complexity (especially as it assumes a final form), an important part of its development is not "geeky" at all: it involves the crucial task of determining what one would like to see in society and how it might be encouraged to happen.

Grassroots public policy development involves local engagement that is generally contrary to top-down approaches. It occurs when the problem and the solution are defined by the active local parties rather than imposed from outside. Jason Corburn (2005) discusses why people — especially non-professionals working in the local community — are unlikely to get involved in policy work.

"…one difficulty that local knowledge presents is that is insights are often very contextual, while policy-making tends to make general rules. Much of the work on local knowledge is ethnographic and deeply conceptual, and few general patterns or lessons are offered. Advocates of local knowledge have been understandably hesitant to "scale up" or generalize their findings and insights — largely out of fear of inaccurate decontextualizations, oversimplifications and unjustified generalizations."

Corburn goes on to point out that it isn't just local communities who lose out when they're excluded from the process. Society at large suffers as well as, interestingly enough, the policy "wonks" whose job it is to develop these policies.

"…professional decision makers have not found ways to incorporate the important understandings from studies of local knowledge into the more generalized practice of policymaking. Scaling up knowledge from local settings is a necessary task in environmental health because of the extreme heterogeneity in ecosystems and human-environment linkages. But local knowledge can be used to improve environmental-health decisions while maintaining a heightened sensitivity to the contextually specific qualities of this knowledge."

The W. K. Kellogg Foundation lists four types of public policy (Kellogg Foundation, 2006): statutory (including constitution / charter or laws), fiscal (including annual budgets, acts and resolutions), regulatory (administrative rules), and institutional (such as policy manual and standards, and tenure and appointment). For each public policy type, they describe broad characteristics including scope, applicability, duration, process characteristics and primary policy makers. Note that different jurisdictions will have different public policies and each contains a variety of types. Nevertheless, the public policy landscape of any given jurisdiction can be described and understood with some variation using this framework. Using the typology described above as a way to focus one's learning in the public policy arena — especially as it pertains to one's own area of interest — is usefull for focusing public policy engagement.

Once the type of policy to be developed has been established along with at least a rough form for the policy, the plan for implementing the policy should be developed. The process must be considered, including both the formal or legal aspects of the process and the informal, tacit and behind-the-scenes aspects of the process, especially in conjunction with a consideration of the primary policy makers and how they generally operate.

The Children's Partnership offers "Six Essential Elements Derived from The Children's Partnership's Experiences" that show the basic steps in a process of moving "from an idea to a successful public policy."

1. RESEARCH BASE that is grounded in what local communities want and need.
2. POLICY PROPOSAL that responds to findings from research — one that is saleable and scaleable.
3. WAYS TO COMMUNICATE the policy idea effectively.
4. DEMONSTRATION that the policy idea can work in the real world.
5. ORGANIZING / ADVOCACY for the idea — using strategic partnerships
6. FOLLOW THROUGH TO IMPLEMENTATION of the new policy.

The inherent problem of people approaching similar problems from diverse perspectives (and, hence, using different vocabularies) will continue to crop up. People working on similar problems may not find each other or be aware of their respective efforts and intentions. Other questions also need to be addressed: who gets to do what, whose ideas are taken into account, what attitudes (respectful, paternalistic, domineering) prevail, in whose name or on what basis decisions are made, and whether they are enforced or neglected.

People often do not know how to get involved and have limited experience with being effectively involved. They therefore require contexts or channels to guide their participation and an invitation to join the effort. There are numerous sociological and psychological dimensions at play here and people will need to advance in their individual development within this social exercise.

Although face-to-face encounters remain important, tools of the Internet era can be used to facilitate new modes of organizing. For one thing, people can allow for more open spaces for dialogue and engagement. It may also be possible to coordinate with other communities who are involved in similar activities. The Internet can promote the idea of moving decision-making power towards smaller local assemblies while maintaining flexibility and freedom to connect local assemblies. In other words, new online media can allow people and communities to organize more effectively around these principles and values.

Note also that although some action, procedure or decision might be properly enshrined as part of public policy, it may have very little bearing on how things are actually done. In other words, public policy is only as valid to the degree that it is enforced and/or respected and abided by. The use of this pattern is probably only reasonable to the extent that public policy is actually respected in the setting in which it is intended to be used. For that reason, the reality of the policy's actual deployment in society, in addition to any other relevant circumstances surrounding the development and use of the policy, needs to be given special consideration.

Solution: 

Public policy should genuinely reflect accumulated public wisdom. The discipline required for policy work must be distributed throughout the body politic in civil discourse, research, and inclusive creative deliberation. The exercise of grassroots public policy development is the ongoing work of reconstituting the public sphere.

Verbiage for pattern card: 

Policy helps address issues related to living together in a complex society. Ironically, public policy development is very unpublic. It's often silent, invisible, and developed behind the scenes. We must advance Grassroots Public Policy Development which is distributed throughout the body politic in civil discourse, research, and inclusive and creative deliberation.

Pattern status: 
Released

Mobile ICT Learning Facilities

Pattern ID: 
485
Pattern number within this pattern set: 
77
Grant Hearn
University of the Western Cape
Version: 
2
Problem: 

In many countries, the lack of access to technology and Information and Communication Technology in particular, is an acute problem of both resources and location. Solutions must focus on making scarce resources cover as much ground as possible.

Context: 

Placing fixed computer facilities in communities with government or donor funding limits the benefits to the particular communities in question.

Discussion: 

One solution that has long been available in the sphere of basic literacy is the mobile library, whereby suitable motor vehicles carry libraries on wheels to those unable to otherwise access them. This makes good use of financial resources and allows a scarce and important asset to be brought to where it is most needed and reused continually.

The provision of similar traveling computer laboratories, the drivers of which are trained computer literacy educators, could play a similar role in bringing the ICT “mountain” to the disempowered. Self-contained units with their own power generation ability will grant ICT access to many people in remote locations or simply living in communities which are too poor to support such access in other ways. Encouraging community participation in the program will help to ensure that those in the community who could most benefit by the program will be helped first. The goals of such a program would be to:

  • Bring scarce and economically empowering assets to communities desperately in need of them or otherwise simply lacking in access to these assets by virtue of their remote location
  • Contribute to reducing the geographic and economic isolation of many communities
  • Begin to bring the wider world to communities who wish to gain knowledge of it and interact with it.
  • Contribute to the knowledge and skills of those joining the exodus from rural to urban areas in an attempt to provide survival strategies that move away from begging, menial labor and crime

In South Africa a similar initiative which focuses on bringing science and technology to disadvantaged communities is already in place. A bus called the Discovery Mobile travels to communities and gives young people the opportunity to interact with a wide range of exhibits inside the bus.

Solution: 

By working together with government, donors and communities, mobile computer laboratory facilities can be established to begin to answer the needs of many communities for exposure to and training in the use of information and communication technologies.

Verbiage for pattern card: 

In many countries, the lack of access to Information and Communication Technology is an acute problem. Just as the mobile library brings books to those who lack access, traveling computer laboratories with computer literacy educators as drivers can play similar roles. In South Africa, the Discovery Mobile bus travels to communities and gives people the opportunity to interact with science and technology exhibits.

Pattern status: 
Released

Positive Health Information

Pattern ID: 
746
Pattern number within this pattern set: 
74
Jenny Epstein
Version: 
2
Problem: 

Health information in the developed world exists in vast quantities, not only for the general public but also for health professionals. Much of this information depicts good health in terms of vigilance against the failings of our own bodies. This serves to create dependency on a high tech, commodity health system.

Context: 

The style of language and the content of information are very important in how information makes people perceive the world. Authors in many fields have noted patterns of communication that create distrust and enforce dependency by emphasizing danger from external, uncontrollable forces. If people have a sense of helplessness in the face of this threat, they do not act upon their own feelings and perceptions.

Discussion: 

Negative language has the effect of emphasizing threats, magnifying fears, and creating dependency. Reminding people of their mortality tends to make them hold more closely to traditional culture (Pyszczynski, Solomon, & Greenberg, 2003); this has implications for mental health, and can also be used to influence mass opinion and behavior. A recent example is the US administration’s use of language to create fear and mistrust among the public by creating the specter of a constant external threat (Brooks, 2003).

Much health information, especially advertising from hospital corporations and pharmaceutical companies, uses this technique. A paternalistic (doctor knows best) and commodity-driven medical system produces an endless stream of information that encourages the perception that natural processes, such as growing older or pregnancy, are fraught with danger. This inhibits the spread of health information that is not based on the treatments that this system has to offer.

Language may not only be negative; it can also be empty (Brooks, 2003); complex issues are broken down into broad statements with little meaning. In health care information, this pattern of communication places the cause of ill health on the individual. The complexity of individuals’ relationships to the world they live in and the effects on individual health of pollution, poverty, and unhealthy social norms and values are ignored. People come to construe healthy behavior in terms of dependency on a medical industry that constantly invents not only new cures, but new diseases for the cures it already possesses (Blech, 2006).

Empty language is like empty calories. It tastes good and you can eat a lot of it, but you don’t obtain much benefit. A great deal of health information tempts us to feel that we are well-informed. We are bombarded by advertising and public health campaigns that do little more than create mistrust of the inherent healthy processes we possess. To reduce complex health issues to taking a pill ignores people’s emotional needs and the complex connection between body and mind; instead it emphasizes the negative aspects of their health.

The use of estrogen replacement in post-menopausal women illustrates this. Estrogen replacement was pushed on women as a way if combating the “problems” of growing old such as osteoporosis, heart disease, memory loss and drying skin. The unspoken message was that there was something wrong with growing old that taking medication could correct it. Preventative approaches, that emphasized a lifetime of healthy behaviors and the inherent correctness of aging, were ignored.

In pattern 47, Health Center, Alexander et al. (1977) describe a medical system that emphasizes sickness over health. By contrast, they show the Pioneer Health Center in Peckham, an experiment from the 1930s, as an example of medical care that focuses on health instead of sickness. In the same manner, health information must distinguish between healing and medicine. We need to hear messages of what is right with us and what needs to be done to stay in touch with the inherent health of our bodies.

Many alternative health practices, such as yoga, polarity treatment, or acupuncture focus on the inherent healthiness of the body. In these practices, the underlying concept is on healing, the natural process by which the body repairs itself. The rise of alternatives to conventional medicine reflects, in part, the lack of substance people feel from the information they receive after a visit to a doctor. Health-related discussion forums, that include both lay and professional perspectives but avoid the disease-mongering (Marshall & Aldhous, 2006) influence of industry funding, offer a way to make sense of information from various health related sources without falling victim to negative language and information; people put information into the context of everyday life and validate positive perceptions of themselves. This type of information has substance to it, not only because it is active rather than passive; it has the positive effect of engaging people in independent, creative thinking.

Solution: 

Health information should emphasize the idea that people are inherently healthy. It must inspire trust in the body’s ability to heal itself, once a healthy path has been taken. Where information of this kind is insufficient, either create it or supplant it with participant-controlled interactive forums.

Verbiage for pattern card: 

Health information in the developed world often depicts health in terms of vigilance against external, uncontrollable forces. This fosters distrust and dependency on a high-tech, commodity health system. Positive Health Information is built on the fact that people are inherently healthy. It inspires trust in the body's ability to heal itself, once a healthy path has been taken.

Pattern status: 
Released

Participatory Budgeting

Pattern ID: 
471
Pattern number within this pattern set: 
71
Andrew Gordon
University of Washington Evans School
Chris Halaska
Social Design
Version: 
2
Problem: 

Developing a budget is a task often left to financial "experts" even though the decisions that result from the budget-making process impact everyone, and the ideas that inform budget decisions often are improved by the experience and insights of a wide range of individuals. Budget development is in fact a "political" act, with "winners" and "losers" most of whom never participate in the process.

Context: 

Properly understood, budgets and the budget development process are tools through which social values are expressed and manifested in useful public activity. This pattern explains the importance of budgeting and encourages participation in all stages of budget development. Public budgeting connects to several other patterns. For example: participating in the creation of budgets is an ideal way to foster Civic Intelligence (1); joint budget development helps create Shared Vision (9); public budgeting via online tools is an example of Using Collaborative Technologies for Civic Accountability (257); and understanding budgets is one aspect of Power Research (128).

Discussion: 

A fundamental step in the life of any organization is the design of a budget. The decisions which are made early in the process (e.g., What is to be budgeted for? What are the sources of income? Who is to be paid? What are the categories of effort which are highly compensated and what effort is to be considered voluntary?) often set core parameters for the future, and impact not only the ways in which time and money are spent, but also the values and reputation of the organization, and even its soul.

But budgeting is often treated as a "technical" process which should be handled by experts rather than as a political activity in which many people should be invited and encouraged to participate. One way in which budgets can be more easily discussed publicly is to use online tools to disseminate budget information, host public discussions, and create sample budget variations -- though from our experience, we believe this should be coupled with face-to-face discussions whenever possible.

The best-known example of participatory budgeting is found in Porto Alegre, Brasil, where community residents (now numbering in the thousands) have cooperated since 1989 in annual deliberations about the allocation of a portion of the municipal budget. Poor citizens are vastly more engaged in this process than is typical in budgeting processes, and increasing proportions of the city's revenue have been directed towards improving the most impoverished parts of Porto Alegre. While there is some disagreement over how much of this outcome to attribute to the participatory budgeting process, there is no doubt about the increased sensitivity of all citizens to the importance of budgeting decisions. In June, 1996, the United Nations declared the "popular administration" of Porto Alegre as one of forth urban innovations at the Second Conference on Human Settlements.

Various related experiments in participatory budgeting have taken place on several continents since Porto Alegre, typically fine-tuned to local circumstances, with an evolving set of principles promoting conditions that enhance the effectiveness of the process.

Several important attempts at involving typically excluded citizens in the budget allocation process have occurred in the U.S. -- often during progressive periods. Two of the most significant were the Affirmative Neighborhood Information Program during Mayor Harold Washington's tenure in Chicago (Kretzmann, 1992), which failed to survive successor administrations; and the Seattle Public Schools multi-year experiment in decentralized, "school-based" budgeting, supported by an online budgeting tool (Halaska, 2000).

In the Seattle experiment, a vastly increased proportion of district resources was redistributed from the central administrative offices to individual schools. School principals were encouraged to engage in a public budgeting process where trade-offs (e.g. reduced class size vs after-school music programs) were actively debated -- both in public meetings and online. The process was messy because "democracy is messy" and was controversial at every stage, in part because it surfaced hidden assumptions about core values in public education. Some participants believed that this process had the potential to provoke a fundamental rethinking of the purposes of the education process itself.

Key findings from the Chicago and Seattle experiments align with the principles of Porto Alegre and elsewhere. For example, it is important that significantly different approaches to budgeting such as these become so embedded that they cannot readily be set aside by later regimes. Equally critical is that traditional budget staff be convinced about the importance of participatory budgeting. While philosophical and political discussions about larger scale budget issues can be done without technical assistance, detailed information about current costs and funding formulas typically reside with budget staff. Without their support, key budget information can be difficult to obtain. Moreover, while the ideology of participatory budgeting has wide appeal, critical studies should be undertaken to determine under what circumstances participatory strategies have lasting effects and whether, in the case of participatory budgeting for example, systemic changes such as in the labor market must occur for poorer citizens to benefit from these new strategies in the long run.

Solution: 

Budgets for organizations in the public sphere should be developed openly and inclusively, in public meetings and using publicly accessible online tools. Budget assumptions should be discussed, and rethinking of assumptions, priorities, and allocations should be encouraged, no matter how far they depart from current practice. At every stage, the results of the process should be made public for feedback and refinement. Attention should be paid to what has been learned from experience (for example, about the wisdom of convincing traditional budget staff of the utility of public budgeting), and studies of the long-range impact of participatory budgeting are essential.

Verbiage for pattern card: 

Budget development is often thought of as a dry, technical task, best left to "experts." But budgets are critical tools through which social values are expressed. Developing a budget, with its criteria and categories, is a "political" act. Participatory Budgeting helps to bring in people who generally don't participate in the process. There are now many successful examples in which whole communities play substantial roles in the budgeting process.

Pattern status: 
Released

E-Consultation as Mediation

Pattern ID: 
475
Pattern number within this pattern set: 
70
David Newman
Queen's University Belfast
Version: 
2
Problem: 

How can we improve public consultation between citizens and their public servants? How can we facilitate the participation of groups who currently don't take part, and use their input to find policy consensus?

Context: 
  1. Formal public consultations initiated by government agencies.
  2. Informal communications between representatives (MPs, councillors, ...) and their constituents.
  3. Community and voluntary organisations attempting to consult their members and clients to determine their response to a policy initiative or government consultation.
  4. Media or community sponsored discussions on a local issue.
  5. Mediation between anatogonistic communities who have conflicting interests.

Note that the pattern applies most strictly to the final context, where a government body is mediating between competing interests (e.g. in a planning inquiry). It is one of a number of patterns that can be followed in the other situations.

Discussion: 

Current public consultation is deficient in a number of ways. Few people have the time or language skills to respond in writing to 20-page consultation documents. It is mainly professionals with a financial interest who do so. Rarely are public meetings attended by more than a few local retired people. The language of the documents is often obscure and couched in public sector jargon. The questions asked are the ones the officials feel safe asking, not the ones local communities would ask. The style is not one that engages the interest of anyone who is not a committed activist, let alone young people.

This has become very clear in places, such as devolved regions of the UK, where public consultation has suddenly grown very fast. In Northern Ireland, equality legislation forced 120 public authorities to consult on how they were planning to measure the equality impact (gender, race, religion, age, class) of each of their policies over the next 5 years. This led to 120 long documents being sent to the same 80-120 voluntary organizations, with 8 weeks to reply. Their choice was to ignore them (whereupon the officials could continue to do what they had done before) or to spend every day drafting replies, with very little time to talk to the people who would be directly affected.

Contrast this with experimental use of ICTs in public consultations in the Netherlands, the use of Internet chat to hold discussions between young people in East Belfast (the only neutral venue at the time) on human rights, and research into on-line mediation support systems in Germany (for planning disputes).

Can we design an appropriate use of software to support electronic public consultation that improves both its effectiveness in reaching different people, and its efficiency in controlling information overload and consultation fatique?

Consider consultation as an inter-organizational learning process. Knowledge is transfered between citizens and government, as they learn from each other. In particular, the policy makers need to better understand the needs, life experiences, and preferences of different actors in civil society (sometimes called stakeholders). In doing that, they act as both apprentices, learning from citizens, and mediators, managing disputes between different groups of citizens.

When there are strong disagreements between different groups, a mediation or negotiation model is appropriate, based on what we understand about dispute resolution in communities that have been affected by conflict. This can be used to build a pattern of the process, and identify technologies to support different stages in that process.

Solution: 

Considering public consultation as a series of mediation and negotiation processes, it should be possible to participatively design software that supports these human processes, in the stages identified in the table below.The technologies that can be used at different stages are described in more detail in a guide to e-consultation.

Verbiage for pattern card: 

In good public consultations knowledge is transferred between citizens and government as they learn from each other. E-Consultation can be seen as a Mediation process which is run in stages. At the beginning issues and needs can be collected from stories in forums and social media. Policymakers need to better understand people's needs, life experiences, and preferences in order to participatively design solutions to social problems.

Pattern status: 
Released

Equal Access to Justice

Pattern ID: 
806
Pattern number within this pattern set: 
69
Donald J Horowitz
Wash State Access to Justice Tech Principles Comm
Version: 
2
Problem: 

The fundamental principle of full and equal access to the justice system, particularly for those who suffer disparate barriers or are otherwise vulnerable, faces new opportunities and challenges from the advances in information and communication technologies, which can provide increased pathways for quality access but can also perpetuate or exacerbate existing barriers or even create new ones.

Context: 

This pattern is based upon a trailblazing effort by the Washington State Access to Justice Board, an agency of the Supreme Court, to define principles and develop implementation strategies, means and methods, for ensuring that technological capabilities and advances are effectively incorporated throughout the state justice system in ways consistent with the fundamental principle that all persons should have equal access to justice. A recent legal needs survey had revealed that 87% of all low income people in the state who had civil legal problems were unable to secure legal help, and that residents of rural counties had substantially less access to technology-based resources than their urban counterparts. Therefore the overriding intent of the effort was to develop, implement and institutionalize principles within all justice system agencies to increase access to justice system information, resources and services for all, and especially those who most need it.

Discussion: 

Currently, technology is creating opportunities for people to use their home or nearby library branch or community center to find out about, initiate or respond to court or other law related needs, obligations or requirements, communicate and exchange documents with their legal service provider or others in or associated with the legal system less expensively, using less time and effort, without having to travel to a central city, and with less time away from work or other necessary resources. This can be especially important for the elderly, persons with disabilities, persons with limited financial means, and those who can’t afford to miss time from work for reasons of financial need or jeopardizing their employment. Similarly, a person with limited mobility or hearing may be able to get information electronically about his or her rights as a tenant; a victim of domestic violence can learn on the Internet what she can do and in fact be able to start the legal process of protecting herself. The courts and other parts of the justice system can operate more productively and less expensively, making court and legal records and information more readily available, and receive filings, fees, documents and information, all electronically.

However, the means of using these very possibilities also create the risk of worsening old barriers or erecting new barriers to access, causing greater disparities. While the opportunities described above seem positive, these innovations assume access to a computer, reasonable proficiency at using them and their necessary software programs, reading capability, fluency in English and sufficient phone or cable and electricity availability and capacity at affordable cost to support sufficient connections and streams of information and interactivity. Without all of that, those who have the tools and means, the proficiency and the necessary infrastructure available get further ahead, and those without fall further behind in having the justice system work for them. The lack of equality gets greater, not less.

On December 4, 2004, the Washington State Supreme Court became the first court in the United States, perhaps the world, to formally adopt by Court Order, a set of authoritative principles to guide the use of technology in its justice system. The stated purpose was to ensure that the planning, design, development, implementation and use of new technologies and the management of existing technologies by the justice system and associated organizations protects and advances the fundamental right of equal access to justice. Over a three-and-a-half year period, the Washington State Access to Justice Board drew on the input and involvement of a diverse group of approximately 200 people and organizations from a variety of disciplines and backgrounds to develop formal Access to Justice Technology Principles to serve as the practical operating norm for justice system organizations and entities throughout the state.

The Access to Justice Technology Principles broadly define access to justice as the meaningful opportunity to: (1) assert a claim or defense and to create, enforce, modify, or discharge a legal obligation in any forum; (2) acquire the procedural or other information necessary to improve the likelihood of a just result; (3) participate in the conduct of proceedings as a witness or juror; and (4) acquire information about the activities of courts or other dispute resolution bodies. Access to justice, moreover, must include timeliness, affordability and transparency.

Briefly paraphrased, the six Access to Justice Technology Principles are:

1. Requirement of access to justice: Introduction of technology or changes in the use of technology must not reduce access or participation and, whenever possible, shall advance such access and participation;

2. Technology and just results: The justice system shall use and advance technology to achieve the objective of a just process by impartial and well-informed decision makers and reject, minimize, or modify any use that reduces the likelihood of achieving that objective;

3. Openness and privacy: Technology should be designed to meet the dual responsibilities of the justice system of being open to the public and protecting personal privacy;

4. Assuring a neutral forum: All appropriate means shall be used to ensure the existence of neutral, accessible, and transparent forums which are compatible with new technologies

5. Maximizing public awareness and use: The justice system should promote ongoing public knowledge and understanding of the tools afforded by technology to access justice

6. Best practices: Those governed by these principles shall utilize “best practices” procedures or standards to guide the use of technology so as to protect and enhance access to justice and promote equality of access and fairness.

A broad-based interdisciplinary implementation strategy group then developed a set of practical strategies and initiatives to transform the principles from the words of a court-ordered statement of vision into a pervasive operational reality through the state justice system. Once the principles are truly institutionalized in justice organizations, then, as a matter of ordinary routine, the design for every new technology project would incorporate accessibility and usability and increase transparency of and information about the justice system for all users, especially those who are or may be excluded or underserved as well as those experiencing any barrier to accessing justice system services. Essential actions include: (1) Development and maintenance of a Web-based Resource Bank; (2) Initial and ongoing communication to and training for justice system and associated agencies about the ATJ Technology Principles and available resources for implementation; (3) Demonstration projects; (4) Public awareness and usable information. Additional requirements address policy-level governance and guidance as well as ensuring the continuing relevance, effectiveness and use of the Principles over time.

Solution: 

A great deal has been said and written about what has come to be called “The Digital Divide,” both domestically and internationally. Respect for and use of the rule of law is an essential way to move to a less divided, more equitable society and world. Accessible quality justice for all individuals and groups is a recognized worldwide value that crosses cultural as well as geographic lines. Meaningful access to justice can and does empower people to be part of creating their own just societies. This effort is the first such undertaking, and can provide a useful example that can be adapted and used not only in other places, but in other sectors of basic public need, such as access to health care, access to food, access to safety, and other essentials.

Verbiage for pattern card: 

The principle of full and equal access to the justice system faces opportunities and challenges from new technologies. While technology can provide new pathways it can also exacerbate existing barriers or create new ones. Technology can allow people to use their home, library, or community center to find out about, initiate or respond to law related requirements, and communicate and exchange documents less expensively, using less time and effort.

Pattern status: 
Released

Free and Fair Elections

Pattern ID: 
588
Pattern number within this pattern set: 
68
Douglas Schuler
Public Sphere Project (CPSR)
Erik Nilsson
CPSR Voting Technology Working Group
Version: 
2
Problem: 

The process by which the votes of the people are gathered and counted is critical to the government's claims of legitimacy, and to the continued faith of the people in their government. While vote counting sounds straightforward, ensuring the accurate counting of votes in an entire country is quite difficult. Many obstacles can obstruct the democratic process including inadequate access to the voting process, inaccurate counting, late results, and results that are not convincing to the electorate. Some of these obstacles are structural, others are due to human error while others result from intentional manipulation and intimidation. Computers, which seem to offer the promise of increased speed and accuracy of collecting and counting votes accompanied by the possibility of decreased costs, offer new challenges to the legitimacy of the voting process, including high-tech election fraud.

Context: 

Democratic states offer their inhabitants the important potential for self-governance. Their legitimacy and their effectiveness suffer when the actuality falls too short of the ideal. The responsibility for Free and Fair Elections falls on all citizens although some are in better positions for promoting and maintaining authentic democracy.

Discussion: 

In national democracy, essentially the entire population of a nation above a certain age is entitled to vote on one or more questions put to the electorate, usually including what party or individuals will govern the nation. National democracy is the means of generating government for almost all industrialized nations. Furthermore, it is the stated objective of the world's great economic powers to eventually instigate national democracy for all the world's nations. For this and many other reasons, democracy is the most effective approach to producing legitimate government.

Democracies by definition face three major tasks: This pattern is concerned with the second task, determining the "will of the people" while others concern themselves with informing the "will of the people" and implementing the "will of the people." Any deviation in any phase of the process calls into question the entire process. A nomination process that unfairly denies the nomination of certain people poisons the entire process; how can the voting itself then be meaningful when the candidates on the ballot are the product of a corrupt systems?

While the forms that democracies assume vary widely, voting is a key component of each. Thus, the process by which the votes of the people are gathered and counted is critical to the government's claims of legitimacy, and to the continued faith of the people in their government.

Voting is nearly always a critical milestone in the process of determining the people's will. Voting is the critical culmination of an ongoing deliberative process where decisions are actually made: between, for example, candidates vying for a position or for a new proposal to support or limit something. Because voting often determines significant issues it is often subject to immense attention and pressure. While some of this pressure is normal politicking (which varies from place to place), other is unethical, illegal and unfair. The voting process presents an irresistible opportunity for people who want things to go their way regardless of issues of fairness or legality. At the same time the voting process seems to offer innumerable opportunities for unfair interventions at nearly every stage.

Elections vary from place to place, in jurisdiction, in primary or final (general) elections, in selecting officials from candidates or approving or disapproving legislative changes, and most kinds of elections have a whole range of complex activities associated with them. The best recommendation depends on the goals. Beyond that, one can talk about things to avoid. So an "antipattern" is easier than a pattern, if a pattern is a kind of recommendation. In every case we still want "fair elections" however.

The expression "Free and Fair Elections" originated in the first post-apartheid elections in South Africa in 1994. The idea is that the outcome should be generated by a process that gives people free access to their franchise, then fairly calculates the result.

How can Fair Elections be guaranteed? What technology and administration are required to support national democracy? How can elections be trusted? What danger signs of unfair elections can we detect? What recommendations can we make? While vote counting sounds straightforward, ensuring the accurate counting of votes in an entire country is quite difficult. The requirements and constraints associated with Fair Elections introduce numerous challenges. Voters must have adequate access to the voting process, and this access must not be politically biased. The vote counting must be accurate. The results must be produced promptly.

Elections present a special problem, in that it must be ensured that voter person voted at most once, and each voter's votes were accurately counted. However, the votes of any particular voter must remain forever secret. This combination of assured accuracy and secrecy is very unusual outside of voting.

Elections produce results which are just vote totals (plus undervotes if they are permitted and overvotes if they are possible). Results imply outcomes: who (or what) won. Results have two metrics of quality: (1) accuracy (which obviously can't be measured directly) measures how closely reported results match true results; and (2) confidence (which is closely related to "transparency") measures the feeling in the electorate that the reported results are correct.

Total accuracy and no confidence is about as good (or as bad) as the reverse, but they lead to very different kinds of bad. What one wants is an elections process that, for an affordable cost, produces outcomes that are very rarely wrong, even though everybody recognizes that results are seldom perfectly correct.

Also, the results must be worthy of confidence. It's useless to produce a perfectly accurate result, if people are not persuaded that it is accurate. So there must be good reason to believe the election results. The election process must be conducted in public view, and each step of the process, as well as the process as a whole, must be comprehensible to most ordinary voters. Non-partisan officials should monitor the entire process and voting equipment should be based on open specifications and untarnished by partisan and commercial interests. The chain of custody must be carefully maintained and documented for a wide variety of materials including ballots, unvoted ballot stock, poll books, and so on.

Furthermore, this must be accomplished on a limited budget. Elections administration is never a particularly high spending priority.

Solution: 

In democratic societies everybody has the responsibility to help ensure Free and Fair elections. Voters in democratic socities deserve a process that is easy, safe, and private. Voting — and running for office — in democratic socities should be universal and encouraged. All aspects, in other words, should be Free and Fair.

Verbiage for pattern card: 

The process by which the votes are gathered and counted is critical to claims of legitimacy and to the faith of the people in their government. While vote counting sounds easy, ensuring accuracy is not. Some of the obstacles are due to human error, while others result from intentional manipulation and intimidation. In democratic societies everybody has the responsibility to help ensure Free and Fair Elections.

Pattern status: 
Released

Ethics of Community Informatics Research and Practice

Pattern ID: 
865
Pattern number within this pattern set: 
67
Randy Stoecker
University of Wisconsin
Version: 
2
Problem: 

Community informatics, which focuses on deploying information technology in support of community objectives, often imposes technology on communities without building the leadership and knowledge of community members to control the technology. Whether researchers or practitioners, community informaticians too often enter communities having already decided what the issues and solutions should be, reducing rather than enhancing community empowerment.

Context: 

Any time that a professional is working with place-based, virtual or identity community attempting to improve its ability to gather, use, and communicate information, there is a risk that the professional

Discussion: 

The developing field of community informatics occupies an intersection between information and communication technologies, community development, and community-based research. All three fields are attempting to improve community life, especially in communities excluded from normal access to power and wealth, and can inform a code of ethics for community informatics.

In the information and communication technology field corporate-driven design has been ethically bankrupt, but participants in the open-source software movement and related organizations such as Computer Professionals for social Responsibility and the Free Software Foundation have highly developed ethical principles. The focus of those ethics is that people have the right to not just information itself, but also to the means of producing information. Thus, people have the right to use software and to access the software source code to understand how the software works with information: This right carries the obligation to improve the software and to make your improvements public (Free Software Foundation, 2006).

Community development focuses more on the relationship between the practitioner and the community. The Community Development Society (2006) emphasizes that the practitioner should promote participation of all community members, work to enhance their understanding of the complex dynamics affecting their community and how those factors may impact options for community development, and build their leadership capacity to take charge of its own community development process.

The field of community-based research lacks a singular code of ethics, but past problems with the practice, particularly in First Nations contexts, have led the Canadian government (2006) to develop an ethical code that can apply to all research with communities. This code emphasizes that any research should be a partnership between the community and the researcher, with a research design that fits the community culture, where control over the research is shared by the community, and benefits from the research flow to the community.

The following principles for community informaticians flow from these sources:

• Build the community’s information power—this requires that the researcher/practitioner assists the community in knowing how to decide what information they need, how to make informed choices about how to get that information, and how to access and adapt the tools they need to achieve their information objectives.
• Build the community’s relational power—this requires that the researcher/practitioner assists the community in building its own democratic practices and develops leaders who can shepherd those practices, and in organizing interventions in ways that build relationships among community members.
• Build the community’s public power—this requires that the researcher/practitioner assists the community in knowing how to focus their information power and their relational power on impacting the broader external conditions imposed by corporations and governments that oppress and exploit communities, thus democratizing the broader society.

Under these principles, traditional research that extracts information from communities, processes it elsewhere, and only builds the careers of academics, or traditional practice that practices the same information extraction and then returns to sell the community on an externally-designed intervention, are no more acceptable than the multinational corporation that extracts raw materials and then tries to sell back finished products. Such purposeful underdevelopment is the antithesis of these ethical principles.

These principles can have uncomfortable implications particularly for researchers. Building a community’s information power and relational power means, minimally, that at the end of the project the community knows enough that it can do the next project on its own if it wishes. That requires a researcher who can help community members develop their research and program design skills. Researchers must also give up culturally rigid standards of what constitutes good research, and understand that the community may have its own research processes and its own standards of what constitutes good information, such as oral traditions and folk art, that require the same status as positivist science. Researchers or community members, then, must have special skills in community organizing that can direct the research process (Stoecker, 1999).

For practitioners, who may be used to applying a common toolkit to problems in communities flung far and wide, these principles can also require important changes. Following these ethics require that the practitioner work with community members to not just apply a tool, but to understand it, how it is created, and how it can be adapted to their unique circumstances.

As an example of these ethics, consider a project to help a group of nongovernmental organizations, where one organization has incompatible databases, and another wants to communicate more efficiently with its membership. You convert the first organization’s data to a common format, and set up an e-mail list for the second. But these interventions would violate the principles outlined above. Instead, the first thing step is bring all the organizations together to talk about their issues and trade ideas with each other, both to build relationships between the organizations and to empower the knowledge that people already bring to the table. This can also help identify knowledge gaps that the group can then collectively work to fill. Perhaps no one there really knows about databases and so they start a process to educate themselves in their options, perhaps to the point of developing enough expertise among the organizations that they can design and manage their own databases. As the other organization talks about its need to communicate with its members, they may discover that the more “efficient” mechanism of e-mail will actually be less efficient as fewer members pay any attention to the mass e-mails. Old fashioned phone calls may be, in the end, much more efficient because more people actually get the information even though they take more time.

The processes illustrated above require a much longer time frame to complete, and require much more time of community members and organizations. Importantly, however, they produce much greater and more sustained capacity in the community.

Solution: 

Within the field of community informatics, achieving lasting community empowerment requires that community informaticians practice the principles of building the community’s information power, and their relational power, to build their public power. Doing so means making sure that community members can find, use, and control information tools and build relationships among themselves in the process. The result will be stronger, more information self-sufficient communities that can build a stronger and better informed democratic society.

Verbiage for pattern card: 

Community informatics combines information and communication technologies, community development, and community-based research to help improve community life, especially in excluded communities. A Community Informatics Ethics that ensures that community members can find, use, and control information tools while building relationships among themselves can result in stronger, more self-sufficient, and engaged communities.

Pattern status: 
Released

Community Currencies

Pattern ID: 
789
Pattern number within this pattern set: 
63
Burl Humana
Gilson Schwartz
Version: 
2
Problem: 

People have always traded or bartered with each other, using different tools and materials to represent and store value in various kinds of transactions; trade, investment, consumption, production, marriage, kinship, sacrifice. In complex, urban and global capitalist societies, money expands the potential for growth and accumulation, while also creating new forms of wealth and power concentration, regulated by central banks and other supervisory authorities at national and international levels. Community Currencies or “complementary currencies” offer a solution for local markets deprived or unserved by global or national currencies.

Context: 

Thomas Greco states three basic ways in which conventional money malfunctions: there is never enough of it, it is misallocated at its source so that it goes to those who already have lots of it, and it systematically pumps wealth from the poor to the rich. The symptoms of a "polluted" money supply are too familiar: inflation, unemployment, bankruptcies, foreclosures, increasing indebtedness, homelessness, and a widening gap between the rich and the poor. However, the ultimate resource of the community, the productivity, skills, and creativity of its members, is not limited by lack of money. (Meeker-Lowry, 1995)

Discussion: 

According to Michael Linton, "Money is really just an immaterial measure, like an inch, or a gallon, a pound, or degree. While there is certainly a limit on real resources -- only so many tons of wheat, only so many feet of material, only so many hours in the day -- there need never be a shortage of measure. (No, you can’t use any inches today, there aren’t any around, they are all being used somewhere else.) Yet this is precisely the situation in which we persist regarding money. Money is, for the most part, merely a symbol, accepted to be valuable generally throughout the society that uses it. Why should we ever be short of symbols to keep account of how we serve one another?" (Meeker-Lowry, 1995)

"The proper kind of money used in the right circumstances is a liberating tool that can allow the fuller expression of human creativity. Money has not lived up to its potential as a liberator because it has been perverted by the monopolization of its creation and by politically manipulating its distribution -- available to the favored few and scarce for everyone else."2 Creating community currencies may foster exchanges among people that need it most.

Conventional money is strictly regulated by central authorities at a federal level. Its regulated scarcity is a major source of powerful economic policy (i.e..raising interest rates to curb inflation) that plays on the rules of capitalist competition. Community currencies, on the other hand, are designed to counterweight scarcity by promoting exchanges founded on cooperation or collaboration. The emergence of new information and communication technologies has promoted numerous local projects that use “open source money” or “collaborative money”. Both “conventional” money and “community” currencies, however, rest on the same foundation, that is, confidence in the agreed on rules of production and supply of monetary and financial instruments (credits, loans, time sharing, etc.). Both are “conventions” designed and operated by living human communities.

Community currencies may also be qualitative rather than quantitative, so that the “purchasing power” of the currency takes advantage of specific ranges of skills and resources (child and social health care, environmental campaigns or edutainment projects), unlike the conventional economy which values certain skills and devalues or ignores others as effects of blind market forces. The move toward “community” currency is motivated by the desire to bridge the gap between what we earn and what we need to survive financially.

Local currencies are seen as a community-building tool. Communities may range from solidarity economies in slums and vulnerable social areas, to game players, to collectors or charity donors; spread throughout the entire world as digital networks promote new forms of community life. Community currencies not only prove a commitment to community building and to supporting what’s local but also may function as a path towards a greater experiential understanding of the role of economics and money in our daily lives. Any community can, in principle, design currencies backed by something, tangible or intangible, that the community agrees has collective value.

Hundreds of community currency models are at work these days. These are a few of the community currency reference sites - Bernard Lietaer,
http://en.wikipedia.org/wiki/Bernard_Lietaer; Resources for Community Currency Activists, http://www.communitycurrency.org/resources.html; Luca Fantacci, "Complementary Currencies: a Prospect on Money from a Retrospect on Premodern Practices", http://akira.arts.kuleuven.be/meijifin/node/52; Social Trade Organisation, http://www.strohalm.net/en/site.php; Open Money, http://www.thetransitioner.org/wiki/tiki-index.phppage=Open+Money+home+page.

ITHACA HOURS, where everyone’s honest hour of labor has the same dignity and LETS, Local Exchange Trading Systems are examples of such models. These two community currency models illustrate new forms of social and communicative practices that have a real impact on living structures at a local level.

The ITHACA HOURS system was created in 1991 by Paul Glover, a community economist and ecological designer. With ITHACA HOURS, each HOUR is equivalent to $10.00 because that’s the approximate average hourly wage in Tompkins County, Ithaca, New York. Participants are able to use HOURS for rent, plumbing, carpentry, car repair, chiropractic, food (two large locally-owned grocery stores as well as farmer’s market vendors accept them), firewood, childcare, and numerous other goods and services. Some movie theaters accept HOURS as well as bowling alleys and the local Ben & Jerry’s. (Meeker-Lowry, 1995)

The LETS model was created on Vancouver Island, British Columbia, Canada, as a self contained network in which members buy and sell services to other members and are paid in the LETS currency. Every member has an individual account which records their debit or credit. Members do not "owe" the person or business providing the service, instead their debt is to the LETS system, and their debt is thus socialized.( James DeFilippus, 2004)

"Currencies are powerful carriers of feedback information, and potent triggers of adjustments, but on their own terms. (Jacobs, 1984) “A national currency registers, above all, consolidated information on a nation’s international trade." (Jacobs, 1984) National dollars tend to flow out of local communities where they are needed the most to those who already control large pools of wealth like banks and corporations. Community currency is also a tool that can help revitalize local economies by encouraging wealth to stay within a community rather than flowing out. It provides valuable information about the community’s balance of trade and collective values. (Meeker-Lowry, 1995)

People who are time-rich and cash poor can be socially and economically productive without necessarily using only national or international, centrally regulated money. If community currencies can also be used in conjunctions with national currency their use does not have to become an all or nothing proposition, thus leading to the notion of “complementary” currencies.

Local currencies empower their members to improve their circumstances and environment while protecting the general community from the negative influences of other capital flows. This gives the community more control over investments and allows the poor to become emancipated beings in the economic choices and conditions that affect their daily lives. Local currency systems offer the opportunity of transforming labor power or working time into local purchasing power. (Meeker-Lowry, 1995)

Solution: 

There are unique challenges in implementing a community currency system, both technical and political. Shared values and multiplayer commitment by community members are needed to build a sustainable currency. Adequate management at the local level may involve monetary policy issues similar to those experienced at national or international spheres. The community may be local, but also involve participants from distant places acting towards a common goal that can be social, educational and cultural. If successful, a community currency system can leverage local projects in economically depressed areas of the map and put them on the road to a hopeful and fruitful future.

Verbiage for pattern card: 

People have always traded with each other, using various ways to represent and store value. In complex capitalist societies, money encourages growth, accumulation, and new forms of wealth and power concentration. Community Currencies can offer a solution for local markets deprived of or unserved by national financial policy. If successful, it can promote local projects and put them on the road to a hopeful and fruitful future.

Pattern status: 
Released
Information about introductory graphic: 
http://www.samarasproject.net/images/hours.jpg -- permission sought
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