Services
Mr. Forester combines his practice of neutral dispute resolution with over 30 years of legal and consulting experience in land use, public policy zoning, municipal law, and administration. Mr. Forester's approach is grounded in a classical interest based analysis, with a commitment to enabling clients define their real interests and needs. This approach provides the participants with the greatest degree of autonomy in shaping their own solutions. He takes pride in his ability to help clients to see and evaluate different options that may address the problems presented.
The arbitration/hearing examiner practice requires that Mr. Forester render impartial decisions in disputes or contested cases. Mediation and related services assist the disputants in reaching their own settlements. A frequently difficult problem for the prospective initiators of this process is to determine whether a dispute can be mediated. Determining the necessary parties and convening the process can also present challenges. Especially in complex public policy mediations, it is a good practice to engage a neutral to evaluate the conflict for its mediation potential and then separately hire a mediator if the evaluation is positive.
- Mediation is usually voluntary and requires consent of all parties. Mr. Forester subscribes to the ethical standards of Oregon Mediation Association, and follows the best practices of the Environmental Section of the Association for Conflict Resolution(ACR). The statutes protect the confidentiality of the mediation process and court referred mediations require meeting minimum prior training standards.
- Public Policy/Land Use and Environmental negotiations in Oregon are supported by a very limited amount of public funding. Oregon land use statutes have several references to mediation and collaborative problem solving and they permit continuation of the Land Use Board of Appeals (LUBA) proceedings when parties agree to mediate. Oregon Public Policy, Washington Public Policy, Oregon Land Use Board of Appeals, and Oregon Department of Justice and U.S. Institute for Environmental Conflict Resolution have pre-qualified mediator panels of which Mr. Forester is a member. The Oregon Court of Appeals and Federal Courts also have their own panels.
- Hearing Examiner services are usually governed by statutes and local ordinances. These prescribe procedural rules, time limits, notice provisions and rights of parties. They also specify when a case my be appealed. Fact-finding is a related neutral dispute resolution service frequently used by disputants.
- Arbitration services may be governed by statute, local court rules and typically by contractual provisions. When not governed by court referral rules most contracts require that the rules of the American Arbitration Association or similar well-known rules be followed. Mr. Forester is listed with the Circuit Court arbitration panel.
- Facilitation is a process by which task forces, committees, panels, and stakeholders use a neutral professional to help them to effectively and efficiently cover an agreed upon agenda. In more ambitious undertakings it may be used to reach an understanding and often to reach a consensus. It is appropriate for larger groups or groups with contentious differences and/or difficult personalities. While the skills are a close cousin to mediation, the process is often more public.
- Negotiations may involve consulting with parties engaged in negotiations, or it may involve assisting a party engaged in negotiations as part of their negotiating team.
- Regional collaborative problem solving has been created by the Oregon legislature in 1996 whereby governmental, agency and other stakeholders who agree on a solution to their regional land use related problem can obtain a limited waiver of the strict application of the rules of the Land Conservation and Development Commission necessary to implement their agreement.
- A team approach may be used in multi-party complex disputes when more than one mediator is necessary or when there are strong interpersonal issues. Dispute Resolution Services also works with teams of experts when independent fact finding may be critical to the outcome. For example when there economic implications or when there is a need for a discussion based on a scientific discipline or a natural resource practice, it may be advantageous to have such expertise available on the mediation team. This is especially true of collaborative problem solving, where understanding of various technical options may facilitate agreement.
