Mutual Gains Negotiation and Conflict Resolution in Land Use Decision-making on Martha’s Vineyard

Resource Type: 
General Resource
Authored in 2004, the attached report examines how the principles of mediation can be applied practically to local land use decision-making. In this case, the report focuses on Martha's Vineyard, an island off the coast of Cape Cod (Massachusetts). The Island seemed a good choice because of its geographical distinction, its manageable size, its development pressures, multiple towns with home rule, and, for greater interest and complexity, a regional overlay, with the MarthasVineyard Commission.

With the help of the Island Mediation Program—following a one-day Mutual Gains training for public officials on the Island—our training participants and other local officials across the Island, agreed to work with us to think collectively about how to encourage, when appropriate, collaborative problem solving and mutual gains negotiations in land use planning and decision-making processes and what individual, regulatory, institutional and other barriers stand in the way.

This report is based on twelve confidential interviews CBI staff conducted with board members, board staff, developers, and others. Most people spent from one and one-half to 2 hours with us. We reviewed state and local land use laws and regulations, as well as publications from the Commission and others.

The interviews provided us a rich view of the on-the-ground island experience with land use decision-making. We are grateful for their generous time shared with CBI staff. All interviews notes are confidential and interviewee comments are captured without attribution by name or organization. All errors and omissions are the sole responsibility of CBI.

This report was conducted voluntarily and independently, with the generous report of the Lincoln Institute for Land Use Policy (www.lincolninstit.edu). The Martha’s Vineyard Mediation Program also generously provided support, sponsoring the original one-day mutual gains negotiation training, introducing us to local officials, arranging interviews, and reviewing drafts of this report.

The report includes the following sections:

I. Change on Martha’s Vineyard
  • Historical perspective
  • New challenges and opportunities

II.    Planning and Negotiation Challenges
  • How current planning works
  • Role of the Martha's Vineyard Commission
  • Key findings

III. Mutual Gains Negotiation in the Vineyard Context
  • Mutual Gains overview
  • Comparative Process Map – planning and negotiation
  • Opportunities and Obstacles on the Vineyard

IV.    Building Capacity
  • Improving facilitation and meeting management
  • Building local land use planning knowledge
  • New roles and responsibilities