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About Us > Louise Smart

LOUISE SMART, M.S.

Louise Smart, M.S. in Community and Regional Planning, Partner, combines her background in planning with over 18 years of dispute resolution experience to make her an effective facilitator, mediator, trainer, and consultant in environmental public policy decision making and conflict resolution. Ms. Smart's facilitation has involved such issues as: management of interstate water resources, reduction of volatile organic compounds, wetlands avoidance and mitigation, cleanup of Superfund and other contaminated sites, sand and gravel mining, air quality, permitting processes, nuclear waste management, historic preservation, and housing strategies. She is effective in bringing together governmental policy makers and regulators, industry representatives, legal advisors, technical experts, environmental advocates, and the interested public to discuss and build consensus on environmental and planning issues. She has earned a reputation as a facilitator who brings energy and focus as well as process expertise to help groups maintain momentum and clarity as they proceed to consensus on complex issues.

Ms. Smart has helped organizations establish mediation programs; has assisted companies, non-profit organizations, and governmental agencies in incorporating dispute resolution structures, skills, and procedures in their operations; and has mediated between and among employees, supervisors, work teams, boards, and committees. Clients have included corporations, labor unions, federal, state, and local agencies, business partnerships, public interest groups, and non-profit organizations.

Ms. Smart has facilitated numerous workshops which involved the setting of mutual goals, agreements in principle, problem solving regarding the working relationship between and among the parties, and development of procedural protocols.

A hallmark of Ms. Smart's training work has been the customization of training materials to the everyday world of individual clients so that training participants can relate to the skills presented and apply them to the specific and immediate challenges they face. Ms. Smart has designed and conducted training for trainers to enable organizations to build their own in-house capacity to deliver training to staff on a cost-effective basis. With a firm belief that people learn skills through understanding frameworks, practice of skills in relevant scenarios, and active engagement in discussions of applications, Ms. Smart conducts highly interactive and experiential training workshops that are based on proven and clearly presented concepts.

EDUCATION AND AFFILIATIONS

Ms. Smart holds a Master of Science in Community and Regional Planning (1970) from the University of Texas, Austin, and a Bachelor's Degree in Art History from Vassar College (1966). She was trained in mediation by the Center for Dispute Resolution (1981) and in arbitration by the American Arbitration Association (1987). She is a member of the Association for Conflict Resolution (Formerly SPIDR, AFM, CRE Net).

PUBLICATIONS

Ms. Smart is the author of "Mediator Strategies for Dealing with Dirty Tricks," Mediation Quarterly, No. 16 (1987), Mediation in the Katarungang Pambarangay System: A Handbook (LOGODEF, 1995), Facilitating Multi-Party Decision-Making Meetings: A Trainers' Guide (1996) and co-author of "Murray Smelter Site: An Example of Proactive, Creative Problem Solving at a Superfund Site," Comments on Toxicoogy: A Journal of Critical Discussion of the Current Literature Vol 6 no 6, Bost:Gil, 1999.

ENVIRONMENTAL AND PUBLIC POLICY EXPERIENCE

Air Force Base Conversion Agency (1999). Is consulting on the design of dispute resolution process with the AFBCA and federal and state regulators, including USEPA Region IX, the California Department of Environmental Protection (Department of Toxic Substances Control), and the Region 5 Water Quality Control Board. The goal is to recognize and resolve environmental cleanup issues at an early stage in order to prevent delay in cleanup, to support efficient use of taxpayers' monies, and to encourage cooperative working relationships among the Air Force and the regulators. Disputes involving clean up of the BRAC (Base Realignment and Closure) bases include disagreements over sufficiency of data, determination and application of ARARs, and cleanup objectives of a Remedial Action in a CERCLA Record of Decision. Through interviews, document review, and facilitation of a multi-agency Design Team, CDR Associates will recommend a dispute resolution system to expedite decision making and cleanup action.

U.S. Environmental Protection Agency Region VIII, Vasquez Boulevard/I-70 Site (1999). Is facilitating meetings of a Working Group of stakeholders to provide timely input to the EPA on the environmental investigations, risk assessment, and site management options for the Vasquez Boulevard/I-70 site. The Working Group is the main forum for discussing the scope of investigations, exchanging information, discussing comments, and identifying information gaps. The Working Group includes members of five neighborhoods, the Colorado Department of Public Health and Environment, the Agency for Toxic Substances and Disease Registry, the City of Denver Department of Environmental Health, and industry, as well as the EPA. The site, which has been recommended for Superfund listing, has arsenic, lead, and cadmium contamination; the community is predominantly Hispanic and Black, and largely low-income.

Private industry and low-income community (participants remain confidential) (1998). Mediated a dispute between a major industry and a low-income community made up, largely, of people of color. The issue involved compensation/ mitigation measures that might be taken in response to soil pollution from a smelter that had operated in the past. Disputed data regarding dispersion of the pollution and potential for a judicial resolution of the issue led to termination of negotiations.

Federal Highway Administration, Public Involvement Training (1998-1999). Developed and delivered the first in a series of training programs for FHWA staff in public involvement.

Minnesota Department of Natural Resources, Red River of the North (1997-1998). Conducted a situation assessment for the Minnesota Department of Natural Resources and the Red River Water Management Board to determine the potential for mediation to develop broad-based, sustainable solutions to problems caused by flooding in the Red River basin. Annual flooding and strategies to reduce flood damage have significant impact on plant and wildlife habitats, streamflow, agricultural production and activity, water quality, fisheries, threatened and endangered species, local communities, social and economic life of residents, and recreational activities. Ms. Smart interviewed representatives of local government, state and federal agencies, watershed district boards, farmers, and environmental organizations and toured the area to ascertain the range of issues to be addressed and the willingness of the stakeholders to participate in mediation. She co-designed a plan for a mediated decision-making process which was accepted by the Department of Natural Resources and the Red River Board. The mediation was conducted with a stakeholder group comprised of watershed district board members and staff, federal and state agencies, environmental advocacy groups, and citizen representatives. The process resulted in a number of significant consensus agreements regarding flood damage reduction goals, combined with natural resource goals, improved permitting procedures, and collaborative planning procedures. Members of these diverse stakeholder groups continue to work together to implement these agreements.

U.S. Department of Energy/League of Women Voters (1997-1998). Served as the project manager, coordinating the work of eight dispute resolution professionals from around the country, on a National Dialogue on the Management of Nuclear Material and Waste initiated by the Department of Energy and the League of Women Voters. As the manager, she secured and supervised a team of 15 facilitators and a technical resource expert, and consulted with the League of Women Voters and the Department of Energy on parameters for designing and implementing the dialogue related to nuclear waste management decisions. Two national Intersite Discussion Workshops were held in June 1998.

U.S. Environmental Protection Agency, Sandy Smelter Remediation (1997). Facilitated meetings of the EPA, the Utah Department of Environmental Quality, the City of Sandy, Utah, the Salt Lake City/County Health Department, and Asarco regarding the remediation of a former smelter site with lead contamination in residential soils. Issues included the significance of health studies that had been conducted in the region; the application of a model to calculate risk related to lead exposure; the desires of community members for assurance of protection, minimization of disruption of their lives, and freedom in their neighborhood from the stigma of contamination; and appropriate remediation methodology.

U.S. EPA Region VIII Murray Smelter Site Superfund Project (1996-1998). Served as lead mediator and co-facilitated meetings among EPA Region 8, the Utah Department of Environmental Quality, private industry (the primary PRP), the City of Murray, engineering consulting firms, and a number of property owners regarding the clean up and redevelopment of a former smelter site. Discussion meetings had two parallel foci, which were linked: (a) the remediation, including agreements among the EPA and UDEQ regarding applicable protective standards and cleanup methods, and (b) the land use, including redevelopment plans. Highly technical issues related to soils and groundwater became understandable to a group of non-technical stakeholders, and decisions were made on future redevelopment and land use, involving cooperation by a group of diverse landowners and the City. Ms. Smart interviewed key stakeholders, designed meeting formats and procedural guidelines for stakeholder discussions, talked with parties between meetings to prepare parties for upcoming work sessions, and documented discussions for the official record. As a result of this facilitation, the parties reached agreements on remediation methods appropriate for the future land use, and developed an Agreement in Principle that served as a basis of certainty for EPA's Proposed Plan and the Consent Decree.

ACT/ACF River Basins Interstate Water Management (1992-1996). Facilitated a partnering workshop and issue-exploration meetings for the Corps of Engineers and the states of Florida, Georgia, and Alabama regarding water management issues related to two major interstate river basins, and the design of a conflict resolution plan to resolve issues related to a $13 million comprehensive study of water resources and needs for the region. The ACT (Alabama, Coosa, and Tallapoosa Rivers) and ACF (Apalachicola, Chattahoochee, and Flint Rivers) basins have competing demands for their water resources, including municipal water supply, agriculture, hydropower production, navigation, shellfish production, and recreation. Ms. Smart also facilitated negotiations between the Corps and the states and two regional public meetings on the development of a coordination mechanism to deal with water resource issues on an interstate basis, which resulted in two interstate river basin compacts. A key to the success of this project was the use, by Ms. Smart, of a single-text negotiating document strategy which kept the parties focused on the relevant issues, quickly identified areas of agreement and disagreement, and provided tangible progress which encouraged them to move forward.

State of Pennsylvania Department of Environmental Protection (1994-1996). Consulted with the Pennsylvania Department of Environmental Resources on how to apply alternative dispute resolution approaches to addressing issues with the regulated communities. Ms. Smart conducted training programs in negotiation, mediation, and facilitation skills for environmental service and regulatory staff of this agency. As part of the Pennsylvania DEP's efforts to build internal capacity in the application of ADR, Ms. Smart designed a three-day Negotiation Skills class and trained 16 DEP staff who, in turn, trained over 400 DEP personnel. She also designed a customized Facilitation Skills course and a correlated Trainers' Guide for the DEP.

Minerals Management Service, Rocky Intertidal Sampling Project (1996). Facilitated a meeting of the Rocky Intertidal Sampling Group. This meeting, sponsored by the Minerals Management Service, included representatives from California OSPR (Office of Spill Prevention and Response), the NOAA (National Oceanic and Atmospheric Administration) Damage Assessment Center, California State University, Fullerton, and Minerals Management Service. The purpose of the meeting was to reach agreement on the content for joint agency handbook on sampling methodology following an oil spill. The goal was to develop a product that would meet the needs of each agency, provide for congruent information that would be useful to each agency, and identify a range of methods that could be applied. The group reached an understanding of each agency's needs and expectations and developed consensus about the approach for this project.

State of Pennsylvania Department of Environmental Protection (1995). Facilitated meetings between the Pennsylvania Department of Environmental Protection and a Pennsylvania oil refinery regarding improvements to permitting processes and possibilities for taking a facility-wide approach to permitting and environmental regulation. This project produced improved relationships between the regulatory agency and the oil refinery, developed a series of options for joint training, initiated streamlined but protective permitting processes, and enhanced public communications. Success of this project resulted from (1) participation by the full range of staff for the industry and for the agency, from the field inspector to the Regional Director of the DEQ, from the field operator to the Vice President of the company, (2) the frank but respectful discussion that was enabled by the facilitation format, and (3) by a structuring of discussion groups to work on specific tasks.

The Federal Highways Administration Multi-Agency Project (1992-1998). Designed and implemented a series of courses (36 courses delivered throughout the United States) on "Practical Conflict Management Skills to Resolve Highway-Wetlands Issues," which is conducted nationwide for FHWA, State transportation departments, the U.S. Army Corps of Engineers, the U.S. EPA, the U.S. Fish & Wildlife Service, the National Marine Fisheries Service and other state resource agencies. The purpose of these courses is to provide federal and state agencies with a common set of skills that they could apply on highways projects with wetlands impacts and to build a more productive working relationship among the agencies. FHWA sponsored these courses as part of their effort to develop cooperation among the FHWA, the state departments of transportation, and the resource and regulatory agencies in implementing NEPA and Section 404 of the Clean Water Act. Interagency agreements were reached to merge the NEPA and 404 process on highway projects so that preferred alternatives which emerged from the NEPA process would be permittable by the Corps.

As part of this project, Ms. Smart facilitated numerous discussions related to the application of environmental laws to highway development (in particular, applications to Environmental Impact Statements and Environmental Impact Assessments where wetlands are involved) and improvements in implementation of environmental processes among regulatory and commenting agencies and the project proponent agency. Because of her experience gained by interaction with field staff, FHWA has included Ms. Smart as a co-instructor of their Environmental Leadership Seminar for senior managers at FHWA, where she discusses the challenges and opportunities facing transportation managers in sharing decision making cooperatively with the resource and regulatory agencies.

City of Denver Historic Preservation Community Consensus Committee (1991). Facilitated deliberations of a Mayoral task force to develop recommendations for controls and incentives to support the preservation of historic buildings in Denver. The committee was comprised of representatives of the business community, historic preservation advocacy groups, property owners, city government, the architectural community, and interested citizens. As part of this process, Ms. Smart facilitated a public meeting to elicit input from the community at large regarding Task Force direction on historic preservation.

U. S. Environmental Protection Agency, Carpet Policy Dialogue (1990). Facilitated a national public policy dialogue for the Office of Toxic Substances of the EPA related to obtaining commitments from the carpet, carpet adhesive, carpet cushion, and carpet installation industries on procedures to reduce volatile organic compounds from carpets and carpet-related products, a monitoring program to enhance VOC-reduction performance, and a public education program. This consensus-building process involved representatives from industry, the Environmental Protection Agency, OSHA, NIOSH, the CPSC, other governmental agencies, consumer groups, and labor organizations. Ms. Smart provided process design, facilitation services, and guidance on the meaningful presentation and use of data to help the group reach agreement on testing protocol, testing design, an ongoing testing program for the industries involved and on process engineering recommendations for the reduction of total volatile organic compounds.

Douglas County Minerals Extraction Planning Task Force (1989). Facilitated decision-making meetings of the Minerals Extraction Planning Task Force of a rapidly developing suburban county. The Task Force was charged with making recommendations on policies to govern the withdrawal and refinement of sand, gravel, and quarry aggregate. Since the county has rich mineral deposits, attractive environmental features, and strong development pressures from an adjacent expanding metropolitan area, the permitting of minerals extraction was a controversial and emotionally charged topic. The goal of the Task Force was to develop a plan that would allow for the extraction of commercially recoverable mineral resources in a manner that would protect the public health and safety, adequately mitigate adverse impacts and degradation of the environment, and minimize land use conflicts. Critical to the discussions of the recommended regulatory concepts and processes for mining operations were the legal issues related to state and local jurisdictional authority which comprise the legal framework for the plan. As lead on this project, Ms. Smart brought consensus decision-making processes to the Task Force discussions and helped the Task Force to consider the wide range of diverse viewpoints, including those of the development community, the environmental community, the political leadership, homeowners, and the mining industry. The recommendations of the Task Force were adopted by the County Commissioners without opposition.

Douglas County, Colorado, Strategic Planning Task Force, Land Use Planning Dialogue (1987-1988). Facilitated negotiations among public officials, planners, developers, and interested citizens from Douglas County, Colorado regarding modifications to the Douglas County Master Plan and the establishment of a county-wide development policy. Discussions focused on options and issues related to a plan for infrastructure development for the County, including off-site regulations, mechanisms for infrastructure financing, and preservation of open space/open lands.

Denver Regional Council of Governments (1988). Facilitated negotiations between the Denver Regional Council of Governments planning staff and planners from DRCOG's constituent members regarding the role of regional master planning. Issues included: the acceptable degree of control the regional plan should have over local plans, the part DRCOG should play when conflicts arise between overlapping local plans, the function of the regional plan as a predictor of future trends, and the desired latitude in regional planning beyond state legislative mandate and federal requirements for regional water quality and transportation planning.

City of Boulder and University of Colorado Environmental Design School (1988). Provided process design and facilitated planning discussions regarding design criteria and site selection criteria for new and relocated manufactured housing developments. These discussions included representatives from city officials, residents, developers, designers, and the financial community. Ms. Smart co-facilitated the discussions and produced a detailed report of the meeting's results.

City of Boulder Senior Citizens' Capital Improvements Decisions (1988). Facilitated an information-gathering meeting to determine community desires for proposed spending of capital improvements funds to benefit senior citizens. Subsequently, she provided process design for a priority-setting meeting between three senior citizens advisory committees.

Relocation and Expansion of Denver's Stapleton Airport (1987). Facilitated two large public meetings (100-300 people) in Denver and surrounding communities in which plans for the new airport were presented and the public was provided with an opportunity to comment on the development. These meetings were initiated by the New Airport Development staff to enhance the quality of public input and to identify problems that need to be addressed in order to build a broad-based consensus on the location of the facility.

City of Boulder Department of Public Works, Revisions to Boulder Housing Code (1987). Mediated between landlords and staff of the Housing Inspection Office regarding Housing Code standards, interpretations, and enforcement procedures. Subsequently, she consulted on process design for a facilitated public hearing on proposed revisions to the Housing Code.

Housing Development Mediation (1984). Supervised mediators and provided case consultation on a mediation between a housing developer and a neighborhood association regarding the size and design and materials criteria for a multiunit complex.

EXPERIENCE IN ORGANIZATIONS

Shield Healthcare (1999). Facilitated meeting with Shield Healthcare senior management to plan the approach and agenda for a three-year planning meeting. Later facilitated the three-year planning meeting.

Transportation/Environmental Agencies Partnering (1998). Facilitated a partnering workshop with the Virginia Division of the Federal Highway Administration, Virginia Department of Transportation, U.S. Army Corps of Engineers, EPA, and U.S. Fish & Wildlife Service to improve working relationships and develop coordination procedures for environmental permit applications for highway projects.

Ingram Micro (1997). Designed a conflict management and employee grievance dispute resolution process for an international software distribution corporation. The conflict management plan incorporates the company's values (teamwork, respect, accountability, integrity, and innovation) and provides for an informal approach of conflict resolution through constructive dialogue and problem solving and a formal review and decision-making set of procedures. The plan provides a spectrum of strategies, including guidance: to employees on how to resolve conflict themselves and how to seek assistance when needed, to supervisors on their options for assisting employees who are in conflict, to hotline operators who take calls from employees, to decision makers who conduct reviews of employee complaints. The guidance integrates the company's values into the rationale for and implementation of each of these approaches.

Canadian Industrial Labor-Management Workshop (1997). Facilitated a combination training and problem-solving workshop between the union and management negotiating teams of a major transportation company. The two groups had a history of difficult labor-management relations. Through workshop discussions, the groups created a framework for improved relations and developed ground rules and structures for better communications. They built stronger interpersonal relationships to help sustain relations as they approached collective bargaining on the union contract.

Construction Mediation (parties remain confidential) (1997). Mediated a construction dispute between a contractor and an engineering firm on a $100 million civilian public works project. During the mediation, the parties clarified expectations regarding communication, mutual support, decision making, and their relationship with the owner.

North Platte, Nebraska City Council Retreats (1995, 1996, 1997). Conducted interviews, developed a meeting plan, and then facilitated 1-1/2 day retreats for the North Platte, Nebraska City Council and City Administrator. The City Council made decisions about: how to establish a stronger leadership role in the community and set short-term and long-range goals; budget priorities; procedures for improved communication within the Council and with the community; and capital improvement plans and financing.

Ohio Department of Transportation (1996-1997). Series of one-day training programs in Shared Decision Making for DOT staff and contracting consultants. Program included Interest-Based Negotiation, Conflict Management Strategies, and Communication Skills for Negotiators.

Corps of Engineers/Construction Firm (1996). Successfully mediated a dispute between the U.S. Army Corps of Engineers and a major construction company on a $60 million military construction project. The project had experienced significant problems related to construction method, quality assurance and control, supervision, decision making on the job and handling of potential claims. With Ms. Smart's assistance as mediator, the parties made numerous agreements to get the project back on track, resolve potential claims, and define procedures that would satisfy both parties' needs for assurance of a high-quality product. Following the mediation, Ms. Smart was able to turn the project back over to the local partnering facilitator to renew the partnering agreement under new terms and expectations.

Denver Museum of Natural History (1994, 1995, 1996). Facilitated board and senior staff retreats for the Denver Museum of Natural History. Retreat topics addressed through consensus decision making included: facilities planning, a Master Exhibit plan, and exhibit design approaches.

Loveland City Council (1995). Facilitated a one-day goal-setting and problem-solving workshop for the Loveland City Council and senior staff. The purpose of the retreat was to strengthen the working relationship within the Council and between the Council and the staff and to set goals for the year.

Knight-Ridder (1995). Presented the principles of partnering to Knight-Ridder staff working on a special project and consulted on how these concepts could be applied to a joint business venture.

Health ONE Foundation Board of Directors (1994, 1995). Facilitated board retreats to (a) set priorities and (b) develop a shared vision for the Foundation board (which was a merger of two boards affiliated with two different major metropolitan hospitals). The board members made decisions which helped establish a new sense of identity, which capitalized on the past fundraising experience and approaches of the former boards, and which carried forth the individual strengths of each former board.

Non-profit Board of Directors (parties remain confidential) (1994). Facilitated a retreat for the board and executive director of a large non-profit service organization to define their respective roles, reach agreement on a proposed committee structure, establish protocols for raising issues and concerns, and develop a description of organizational purpose.

NASA, Goddard Space Center (1993). Facilitated a retreat for the senior management Facilities Coordination Committee (FCC) of the Space Center. This was an "internal partnering" workshop dealing with functions, roles, and working protocols of the Facilities Coordination Committee.

County agency and non-profit organization (parties remain confidential) (1992-1993). Facilitated relationship-building, planning, and problem-solving meetings between a large county agency and a service-delivery non-profit organization as they embarked on a joint project. Although the two organizations had a history of conflict and adversarial behavior toward each other and considerable distrust founded on past dealings with each other, they were able to develop a productive "business" relationship and successfully design and implement the joint project. Subsequently, Ms. Smart facilitated problem-solving discussions of an interagency work team to address issues of work standards, communications procedures, and workload management.

Health care service agencies (parties remain confidential) (1993). Facilitated the development of an operating contract between two agencies over the delivery of health care service. By helping the agency leaders frame the relationship as "partners" in this service, Ms. Smart helped break through turf and power issues that had created resistance and mistrust between the parties.

County commissioners (parties remain confidential) (1992). Facilitated a retreat for County Commissioners following a contentious election and after a past experience with a former commissioner that had left a negative public image and considerable bitterness. The Commissioners developed agreements on how to accommodate their differences in approaching decision making, how to treat each other respectfully at public meetings, and how to work effectively with their department heads. They set goals and priorities for the next term.

PARTNERING

NASA, Goddard Space Center (1993). Facilitated a retreat for the senior management Facilities Coordination Committee (FCC) of the Space Center. This was an "internal partnering" workshop dealing with functions, roles, and working protocols of the Facilities Coordination Committee.

NASA, Goddard Space Center and CRSS, Inc. architectural firm (1993). Facilitated a partnering workshop between NASA and the architectural firm for the design of a $40 million scientific research building (ESSB) in Greenbelt, Maryland.

NASA, Goddard Space Center and Blake Construction, Inc. (1993). Facilitated a workshop between NASA and Blake Construction for a $30 million construction project for the Earth Observing System Data and Information System Facility at the Goddard Space Flight Center in Greenbelt, Maryland. This partnering workshop resulted in the adoption of a partnering charter, communication and decision-making protocols, an issue resolution plan, and an on-going evaluation plan. The project was completed without any outstanding claims.

NASA, Lewis Research Center and M.K. Ferguson, Cleveland, Ohio (1993). Facilitated three partnering workshops for M. K. Ferguson. Each of these projects had a contract value of from $500,000 to $1,000,000. These included:

NASA and George Allen Associates (and subcontractors). Partnering workshop for two construction contracts for the rehabilitation of Basic Materials Laboratory Building 106. The project involved installation of new dual-glazed window assemblies and upgrading of life-safety systems; problem solving included how to accomplish the work while the building continued to be occupied.

NASA and Clark Mechanical (and subcontractors). Partnering workshop for the repair of Steam Trench, Taylor Road, involving closure and excavation of the main road within the Center's complex during the steam trench and pipe repair process.

NASA, McDevitt Mechanical, and Precision Environmental. Partnering workshop for the Rehabilitation of Mechanical Systems for Building 51. The project involved installation of HVAC system and replacement of domestic water systems; ongoing occupation of the building by the research users; a critical timeline due to delivery dates for new computer equipment; asbestos and lead abatement required.

DESIGNING DISPUTE RESOLUTION SYSTEMS AND CONSULTATIONS

Air Force Base Conversion Agency (1999). Is consulting on the design of dispute resolution process with the AFBCA and federal and state regulators, including USEPA Region IX, the California Department of Environmental Protection (Department of Toxic Substances Control), and the Region 5 Water Quality Control Board. The goal is to recognize and resolve environmental cleanup issues at an early stage in order to prevent delay in cleanup, to support efficient use of taxpayers' monies, and to encourage cooperative working relationships among the Air Force and the regulators. Disputes involving clean up of the BRAC (Base Realignment and Closure) bases include disagreements over sufficiency of data, determination and application of ARARs, and cleanup objectives of a Remedial Action in a CERCLA Record of Decision. Through interviews, document review, and facilitation of a multi-agency Design Team, CDR Associates will recommend a dispute resolution system to expedite decision making and cleanup action.

Ingram Micro (1997). Designed a conflict management and employee grievance dispute resolution process for an international software distribution corporation. The conflict management plan incorporates the company's values (teamwork, respect, accountability, integrity, and innovation) and provides for an informal approach of conflict resolution through constructive dialogue and problem solving and a formal review and decision-making set of procedures. The plan provides a spectrum of strategies, including guidance: to employees on how to resolve conflict themselves and how to seek assistance when needed, to supervisors on their options for assisting employees who are in conflict, to hotline operators who take calls from employees, to decision makers who conduct reviews of employee complaints. The guidance integrates the company's values into the rationale for and implementation of each of these approaches.

State of Pennsylvania Department of Environmental Protection (1994-1996). Provided consultation to an internal team from the Department of Environmental Protection in how to build collaborative dispute resolution ethics, procedures, and skills into the Department on a system-wide scale. Consultation included the selection of disputes as pilot cases, strategies for building organizational support for dispute resolution and dispute prevention approaches, and mentoring of internal staff in the application of dispute resolution skills. Ms. Smart also designed two training programs to be conducted by DEP staff, one in Negotiation Skills and the other in Facilitating Multiparty Decision-Making Meetings. Several hundred DEP staff have been trained in negotiation skills by DEP trainers who were trained by Ms. Smart.

Philippines Agrarian Reform Dispute Resolution Project (1994, 1995). Under the auspices of The Asia Foundation, consulted with the government of the Philippines on how to improve the mediation and arbitration system of dispute resolution of agrarian reform land-transfer disputes. Ms. Smart's consultation involved recommendations regarding the structure of the program, policy and regulation changes, the formation of support systems, and development of a training program to aid dispute resolvers, including non-governmental organization representatives, government officials and staff, and attorneys in mediating agrarian reform disputes and bringing closure to long-term conflicts.

Philippines Barangay Justice System (1991-93). Under the auspices of The Asia Foundation, consulted on a three-year project to enhance the dispute resolution capacity of a nation-wide mediation program, designed a trainers' training to support that program, and conducted an evaluation of the training efforts to assist the dispute resolution system. In addition to an evaluation report, Ms. Smart wrote Mediation in the Katarungang Pambarangay System: A Handbook, which was distributed nationwide and which includes an overview of the Katarungang Pambarangay System and educational segments on the mediation process and mediation skills and tools as well as relevant laws.

NASA-Goddard Space Center (1993). In conjunction with facilitating partnering on a $30 million construction project, consulted on the design of a dispute resolution system to handle disputes which were anticipated during the life of a large construction project.

City of Boulder Community Mediation Services (1982-present). Consulted on the design of a community-wide mediation service, which provides a wide range of mediation services, including neighborhood disputes, disputes between citizens and the City, landlord-tenant disputes, civil cases involving citizen complaints, and disputes between developers and neighboring residents. Ms. Smart continues to set policy and direction for that organization as a member of its Steering Committee. For six years, she supervised the community mediators and provided case consultation and in-service training to the mediators. Ms. Smart consulted on the development of a special cross-cultural and race relations unit within the Community Mediation Service, on the implementation of a proactive outreach program in the community at large, and on how to integrate services of the Community Mediation Service into current dispute resolution systems established in the schools and the courts.

DESIGNING AND CONDUCTING TRAINING PROGRAMS

Federal Highway Administration, Public Involvement Training (1998-99). Developed and delivered the first in a series of training programs for FHWA staff in public involvement.

U.S. Environmental Protection Agency Wetlands Training (1997-1999). Designed and conducted training in mediation, facilitation, and conflict resolution skills for wetlands staff of the EPA.

The Federal Highways Administration Multi-Agency Project (1992-1998). Designed and implemented a series of courses (36 courses delivered throughout the United States) on "Practical Conflict Management Skills to Resolve Highway-Wetlands Issues," which is conducted nationwide for FHWA, State transportation departments, the U.S. Army Corps of Engineers, the U.S. EPA, the U.S. Fish & Wildlife Service, the National Marine Fisheries Service and other state resource agencies. The purpose of these courses was to provide federal and state agencies with a common set of skills that they could apply on highways projects which had wetlands impacts and to build a more productive working relationship among the agencies. FHWA sponsored these courses as part of their effort to develop cooperation among the FHWA, the state departments of transportation, and the resource and regulatory agencies in implementing NEPA and Section 404 of the Clean Water Act. Interagency agreements were reached to merge the NEPA and 404 process on highway projects so that preferred alternatives which emerged from the NEPA process would be permittable by the Corps.

As part of this project, Ms. Smart facilitated numerous discussions related to the application of environmental laws to highway development (in particular, applications to Environmental Impact Statements and Environmental Impact Assessments where wetlands are involved) and improvements in implementation of environmental processes among regulatory and commenting agencies and the project proponent agency. Because of her experience gained by interaction with field staff, FHWA has included Ms. Smart as a co-instructor of their Environmental Leadership Seminar for senior managers at FHWA, where she discusses the challenges and opportunities facing transportation managers in sharing decision making cooperatively with the resource and regulatory agencies.

CDR Associates' Boulder-Based Public Training Programs (1988 to present). Currently serves as a trainer for CDR Associates' internationally-recognized training programs offered in Boulder, Colorado, on negotiation, interpersonal mediation, public policy and environmental mediation, and organizational conflict resolution.

Canadian Industrial Labor-Management Workshop (1997). Facilitated a combination training and problem-solving workshop between the union and management negotiating teams of a major transportation company. The two groups had a history of difficult labor-management relations. Through workshop discussions, the groups created a framework for improved relations and developed ground rules and structures for better communications. They built stronger interpersonal relationships to help sustain relations as they approached collective bargaining on the union contract.

NCR (formerly AT&T GIS) (1997). Trained computer technology program managers in conflict resolution skills.

Ohio Department of Transportation (1996-97). Series of eight one-day training programs n Shared Decision Making for DOT staff and contracting consultants. Program included Structure of Conflict, Interest-Based Negotiation, Sources of Conflict, and Communication Skills for Negotiators.

U.S. Army Corps of Engineers (1987 to 1997). Revised and conducted a five-day course in Negotiating, Bargaining, and Dispute Resolution for the U.S. Army Corps of Engineers (two to four courses per year over a ten-year period). Skills in this course are applied by environmental regulators, planners, and construction project managers in addressing construction contract flood control, wetlands, dam management, and employee relations issues. In addition to the fundamentals of interest-based negotiation, the course includes segments on communication skills for negotiators, conflict assessment and strategy-selection skills, understanding personal style differences among negotiators, facilitating multiparty negotiations, and an introduction to alternative dispute resolution options that enhance negotiations In addition, Ms. Smart has conducted the two-day Executive Seminar in Alternative Dispute Resolution for senior managers of the Corps.

State of Pennsylvania Department of Environmental Protection (1994-1996). Conducted two training programs for staff of the Pennsylvania DEP on negotiation skills and mediation and facilitation skills to prevent and resolve environmental conflicts. Designed two training programs to be conducted internally by DEP staff, one in Negotiation Skills and the other in Facilitating Multiparty Decision-Making Meetings. During 1995 and 1996, several hundred DEP staff were trained in negotiation skills by DEP staff, who were trained as trainers by Ms. Smart. The Facilitation trainers' course was implemented in 1996.

CDR Associates and The Asia Foundation Training in Environmental Mediation (1996). Conducted a five-day course in Environmental Mediation Skills for a selected group of individuals from Indonesia, Malaysia, The People's Republic of China, Mongolia, Thailand, Korea, the Philippines, Papua New Guinea, Laos, Taiwan, and Japan as part of a special project to introduce and enhance environmental dispute resolution in these countries.

U S WEST Communications (1989-1994). Conducted over 30 training programs in conflict resolution and problem-solving skills for US West first-line and second-line supervisors and for union and non-union employees.

State of Colorado Department of Personnel (1992, 1993). Conducted five-day training program in mediation skills for State of Colorado employees who served as cross-departmental mediators as part of the State's mediation system.

Agriculture Canada, Farm Debt Review Board (1993). Conducted training for farm-debt mediators from the province of Saskatchewan to strengthen the application of mediation in cases involving restructuring of debt on farm properties.

Search for Common Ground Initiative for Peace and Cooperation in the Middle East and the Umut Foundation, Turkey (1993). Ms. Smart designed and conducted a mediation training program for secondary school and university educators, under the auspices of Search for Common Ground Initiative for Peace and Cooperation in the Middle East and the Umut Foundation.

Bureau of Reclamation (1992). Trained Equal Employment Opportunity counselors to enable them to mediate cases where discrimination has been alleged.

Australia (1992). Ms. Smart conducted two training programs for divorce mediators, in Melbourne and Parramatta (Sydney) and developed training materials for a program on mediating agricultural and environmental disputes.

U.S. Environmental Protection Agency, Region 8 (1991). Conducted training in conflict resolution skills for the groundwater and drinking water branches of EPA Region 8.

Ontario Race Relations Directorate (1988). Conducted a 32-hour seminar on Mediating Inter-Racial and Cross-Cultural Disputes, for the staff of the Ontario Race Relations Directorate, the Toronto Mayor's Office, the Police Departments of Toronto and Windsor, the Toronto Housing Authority, public and private school administrators, and university staff. Over 40 participants from 18 different racial or ethnic backgrounds attended the program.

INTERNATIONAL EXPERIENCE

Philippines Department of Environment and Natural Resources Dispute Resolution Project (1998). Under the auspices of the Asia Foundation, conducted an evaluation of a project to initiate dispute resolution procedures in environmental cases. Ms. Smart interviewed government officials and staff, non-governmental organizations, mediators, and disputants to ascertain progress and prospects for mediation as a tool to resolve environmental disputes. She prepared a report for the Asia Foundation, U.S. AID, and the Philippine DENR, recommending follow-up steps and strategies.

Philippines Agrarian Reform Dispute Resolution Project (1994, 1995, 1998). Under the auspices of The Asia Foundation, consulted with the government of the Philippines on how to improve the mediation and arbitration system of dispute resolution of agrarian reform land-transfer disputes. Ms. Smart's consultation involved recommendations regarding the structure of the program, policy and regulation changes, the formation of support systems, and development of a training program to aid dispute resolvers, including non-governmental organization representatives, government officials and staff, and attorneys in mediating agrarian reform disputes and bringing closure to long-term conflicts.

Canadian Industrial Labor-Management Workshop (1997). Facilitated a combination training and problem-solving workshop between the negotiating teams of a major transportation company. The two groups had a history of difficult labor-management relations. Through workshop discussions, the groups created a framework for improved relations and developed ground rules and structures for better communications. They built stronger interpersonal relationships to help sustain relations as they approached collective bargaining.

CDR Associates and The Asia Foundation Training in Environmental Mediation (1996). Conducted a five-day course in Environmental Mediation Skills for a selected group of individuals from Indonesia, Malaysia, The People's Republic of China, Mongolia, Thailand, Korea, the Philippines, Papua New Guinea, Laos, Taiwan, and Japan as part of a special project to introduce and enhance environmental dispute resolution in these countries.

Philippines Barangay Justice System (1991-93). Under the auspices of The Asia Foundation, consulted on a three-year project to enhance the dispute resolution capacity of a nation-wide mediation program, designed a training-for-trainers to support that program, and conducted an evaluation of the training efforts to assist the dispute resolution system. In addition to an evaluation report, Ms. Smart wrote Mediation in the Katarungang Pambarangay System: A Handbook, which was distributed nationwide and which includes an overview of the Katarungang Pambarangay System and educational segments on the mediation process and mediation skills and tools as well as relevant laws.

Search for Common Ground Initiative for Peace and Cooperation in the Middle East and the Umut Foundation, Turkey (1993). Ms. Smart designed and conducted a mediation training program for secondary school and university educators, under the auspices of Search for Common Ground Initiative for Peace and Cooperation in the Middle East and the Umut Foundation.

Agriculture Canada, Farm Debt Review Board (1993). Conducted training for farm-debt mediators from the province of Saskatchewan to strengthen the application of mediation in cases involving restructuring of debt on farm properties.

Australia (1992). Ms. Smart conducted two training programs for divorce mediators, in Melbourne and Parramatta (Sydney) and developed training materials for a program on mediating agricultural and environmental disputes.

Ontario Race Relations Directorate (1988). Conducted a 32-hour seminar on Mediating Inter-Racial and Cross-Cultural Disputes, for the staff of the Ontario Race Relations Directorate, the Toronto Mayor's Office, the Police Departments of Toronto and Windsor, the Toronto Housing Authority, public and private school administrators, and university staff. Over 40 participants from 18 different racial or ethnic backgrounds attended the program.

South Africa and Sri Lanka. Ms. Smart developed culturally relevant training scenarios for mediation training programs that were conducted throughout Sri Lanka (as part of a development plan to incorporate mediation in Sri Lanka's justice system) and for mediation training programs conducted at several sites in South Africa.

MEDIATION EXPERIENCE

Louise Smart is a skilled mediator, having mediated cases since 1981. She has mediated a wide variety of disputes with a diverse array of parties. Her mediation cases have included disputes between:

  • Employees and supervisors over performance standards and expectations for supervision
  • Landlords, tenants, neighbors and communities
  • Boards and senior staff over roles, responsibilities, and strategies for the future
  • Members of work teams regarding differing approaches to work performance, communication needs, and product or service improvement
  • Divorcing spouses regarding issues of personal property, child custody, parenting, and financial support
  • Clerical staff groups regarding interpersonal conflict, workload coverage, and communication
  • Business partners regarding how to manage, create or dissolve a partnership
  • High level managers, such as vice presidents or department heads
  • Interdepartmental or inter-unit disputes within organizations
  • Contractors and owners regarding contract performance, project supervision, quality assurance/control, and conflict resolution protocols
  • Labor and management regarding relationships and/or contract negotiations
  • Design, construction, and owner teams on construction projects.
 

LANGUAGES

Spanish: Good (Reading, speaking)

On a personal note, Ms. Smart has made more than twenty trips, as a tourist, to Mexico, Guatemala and Belize.


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