Who can help Detroit and Michigan Find Resolution Throughout all the Chaos

I am extremely frustrated by how partisan politics has become. In talking with lobbyists and lawmakers about the good old days of lawmaking, in both Washington and Lansing, it used to be that during the day, legislators would fight like crazy for their issues, they would debate and argue for what they thought was right and in the best interest of the ‘people.” And after a hard days work, they would shake hands and grab a drink or have dinner. Not today. In the Michigan Legislature you are lucky if they know each other’s name. In Washington, Members of Congress take their cues from their party leadership and everyone points fingers at the other person to say why they are not making progress. And that is in a non-election year.

So in Washington, you have a highway transportation bill that expired a few years ago that still has not been authorized. The education bill also expired and has not been authorized, leaving a generation behind instead of “no child,” punctuated by an election year that brings little hope of progress to a bitter end, at least and until sometime next year.

The only progress in Washington, D.C. are the Cherry Blossoms, and in Michigan, the only progress is Michigan State University moving into the next bracket.

In Lansing and Detroit we are still discussing bridges and transit. In fact, in 1976, President Gerald Ford offered funds to build a rail transit system in southeast Michigan. Instead, we just got the People Mover and today, we are still talking about the need for regional transportation.

Today, there is a lack of progress in moving forward on the difficult decisions that affect our nation and impact our state. Some would call it an impasse while others just chalk it up to politics. However, these are issues that can be resolved and resolved in a way that preserves the relationships, maintains the political differences and helps move the agenda forward collectively.

The use of ADR processes by the courts and federal government has been widely celebrated as a more efficient and cost effective method of conflict resolution. Mediation is a voluntary, confidential process in which a trained, impartial mediator helps people examine their mutual problems, identify and consider options and carefully consider possible resolutions. A mediator has the experience to bring disputing parties together and help them draw out a successful resolution while preventing an impasse during the negotiations, or otherwise prevent the discussions from breaking down. Unlike a judge or arbitrator, a mediator does not make the decisions nor do they offer solutions. They help separate the politics from the process, help the parties find a common ground, build trust and identify potential solutions to agree on.

Public policy dispute resolution focuses on the resolution of issues affecting the public, such as: Transportation; land use, special education, election districts and healthcare.  With public policy disputes, the issues tend to be a bit more polarizing, emotional and there are often a number of stakeholders from the community, including non-profits and business groups, and governments at a local, state and federal level.

Whether it is a public policy dispute or a dispute between neighbors, the goal of public any dispute resolution is to save money, preserve relationships and take control over the decisions. When it involves a public policy dispute, it is helpful and most effective if it creates the opportunity for all voices to be heard. It is a process being used in the planning process of multiple projects, including economic development projects in Austin, Texas and Salt Lake City Utah.

In any mediation, the first step in the mediation process is to get both parties to agree to use a mediator. That is actually the first agreement both parties make together and we are on the way to developing trust and building a relationship.

While many states have dispute resolution clauses in key legislation or dispute resolution centers at universities, the State of Michigan does not. The ADR Section to the State Bar of Michigan, continues to talk with universities about creating a "Center for Public Policy Dispute Resolution Services," and continues to talk with legislators.  However, since no university has yet to step forward in creating such a center, in part due to funding, The ADR Section is trying to show by example, the benefits of ADR.

The National Policy Consensus Center has found that legislators are becoming problem solvers, facilitators and conveners of issues vital to their state. Yet in Detroit and throughout the State of Michigan, we still cannot accomplish enough to move the state forward.  It is time to rebuild and repair relationships in the City of Detroit and throughout the State of Michigan. It is time the people we elected to lead our government and help move it forward. It is time that they ask for someone, or a team of neutrals to step in and help find resolution throughout all the chaos.

Policymakers can avoid making difficult decisions on controversial issues by creating a process by which public policy disputes can be resolved.  Through a facilitated consensual process, issues such as consent agreements, transit, new infrastructure projects, transit and councils-by-district can be avoided and we can all move on to other issues to help our city, state and nation move forward.

If we just talked earlier and learned about the real issues underlying the bigger ones, than perhaps today, we would be talking more about basketball instead about a bridge, debt ceilings, transit or a consent agreement. It is time we brought in neutrals to help resolve the bigger issues plaguing our nation.

When emergencies turn into opportunities

The City of Detroit and State of Michigan are at a precarious position as the state looks into the city's finances and talk continues about the potential of having an emergency financial manager appointed. As the talk continues, the mood in Detroit has taken a sudden turn back to the "us vs. them" mentality that "only Detroiters can solve Detroit's problems".  To avoid creating an environment that will get in the way of progress and to help build political capital for the Mayor and the Governor, a strategic communications and public affairs plan must accompany any effort to appoint a financial review team or even an emergency financial manager. In addition, just as the Governor is doing now, there must be a plan for engaging the community, but one that must begin very early in in the process. That way, everyone is on board as to what needs to happen and everyone who wants could have input into that process.

A community engagement process, allows the state to explain why it "may" jump in to help the city with its financial situation and what the steps are in the interim. This is to set the tone and set the record straight as to why we have this process, the steps we have taken thus far (including regular meetings with the Mayor) and what the next steps will be. It also will help maintain relationships and create open channels of discussion and dialogue.

The Governor should also find third party supporters, such as members of the clergy and business leaders, to validate the process to Detroiters so that they know that this is the right choice both the City and the State are making well before a financial review team is appointed.

Then should the Governor appoint an EFM or even keep the financial review team in place, along with that appointment, a person that is familiar with the media and political landscape should also be appointed to help the EFM navigate the local political environment and serve as the liaison to the community, as well as be the one to respond to the media and help represent the EFM at various community events.

Community engagement should be a part of the EFM process under the Act. Then having someone outside the Treasury Department respond to the media also can go along way in maintaining relationships in the city's EFMs operate.

Finally, having an EFM come into a community should be seen as an opportunity for a city to experience a fresh start and a new beginning.  As a result, while the EFM works to make a public entity financially stable and secure, the communities chamber of commerce, DDA or other community groups should create a strategy to enhance  the city's image. That way, when an EFM's work is completed and the Mayor or Superintendent is given the responsibility once again to manage the public entity,  their image will not just be maintained, it will be enhanced due to a strategic communications plan.

Detroit really does matter….Really!

Cities throughout the United States, indeed the world, face economic uncertainty. Money cities once relied upon from the federal government no longer exists, while money that was once funneled down from the federal government to the states and passed onto cities have similarly dried up. That money many mayors once thought would come back may never come back if Congress and the President do not agree on the debt limit. For example, according to The Congressional Quarterly, this past Spring, Congress completed the 2011 appropriation bills (PL 112-10), but in doing so, eliminated “almost $40 billion in discretionary spending from the previous year’s levels, and then trimmed an additional $7 billion by the time it finished fiscal 2012” last month. (PL 112-74). Yet Detroit is special. The January 3, 2012 issue of The Wall Street Journal lists Detroit twice in its “U.S. Datebook,” list of important dates in the United States in this New Year. No other city is mentioned yet it lists that January 27 is the deadline for the state review of Detroit’s finances and on April 30, the City of Detroit is projected to run out of cash.

Mayors in cities across America are faced with making extremely difficult decisions to cut the very services their citizens rely upon from a city. For example, according to CQ, the mayor of Fresno, Calif. will probably cut meals to the elderly and cut back on efforts to clean up gang graffiti. The mayor of Mesa Ariz. will most likely close a youth center and others will reduce their police force and fire department ranks. As Congress looks at cutting discretionary spending, now the services many relied upon from the federal government will likewise by cut or eliminated.

So why all the interest in Detroit? Detroit remains relevant and of interest because Detroit for decades lead the world in technological innovations such as the locomotive, elevator and automobile. We were leaders in the pharmaceutical industry and even agriculture. Our folks, embraced creative designs that led to works of art that we can both drive in, work in and reside, and our creative sounds allowed people across the world to “Dance in the Street.”

Detroit and Detroiters, changed the way people live, work and enjoy their lives. Detroit then and Detroit today, stands as an emblem of America’s spirit. After all, it was Detroit that created the middle class and built America.  People care about us, because what happens to Detroit’s economy, will eventually affect economies throughout the world.