The Art of Reaching Consensus

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ITU-T Rapporteur and Editor Tutorial (Geneva, 28 29 November 2011 ) Reinhard Scholl, ITU Telecommunication Standardization Bureau 1

Getting them to say Yes Do you both promise to love, honour and obey with a minimum of litigation? 2

Recognize anyone? Chairman needs to take into account the views of all parties concerned 3

Outline 1. What is Consensus? 2. Understanding the Endgame 3. Techniques for Reaching Consensus 1. Informal Ways 2. Formal Ways 4. Your Role in Chairing a Meeting 4

1. What is Consensus? 5

ITU reaches decisions by consensus However, there is no reference to consensus in the ITU Constitution, ITU Convention or the ITU General Rules Council Rules 12.5 have a reference to consensus, but this rule applies only to Council: The standing committee and working groups shall make every effort to achieve a consensus on the matters submitted to them for consideration; failing this, the chairman of the standing committee or working group shall include, in the report drawn up, the views expressed by the various participants. ITU s consensus principle is based on best practice/past practice/culture (no losers, only winners) 6

But what is Consensus? Google hits (Nov 2011): Consensus: 87 mio How to reach consensus : 2.3 mio How to chair a meeting : 66,000 Merriam-Webster: (1) general agreement; (2) group solidarity in sentiment and belief Wikipedia: Consensus decision-making seeks the consent, not necessarily the agreement, of participants and the resolutions of objections. There is consensus that there is no consensus on what consensus is. (former ITU-T Study Group Chairman) 7

Consensus definitions ISO/IEC Guide 2 definition (most often cited in ITU-T context): "General agreement, characterized by the absence of sustained opposition to substantial issues by any important part of the concerned interests and by a process that involves seeking to take into account the views of all parties concerned and to reconcile any conflicting arguments. Note : Consensus need not imply unanimity. ANSI Essential Requirements definition: Consensus means substantial agreement has been reached by directly and materially affected interests. This signifies the concurrence of more than a simple majority, but not necessarily unanimity. Consensus requires that all views and objections be considered, and that an effort be made toward their resolution. 8

Unanimity > unopposed agreement > consensus Definitions/explanations: Unanimity: everyone is of the same opinion Unopposed agreement: one single voice against a proposal stops it Consensus: see previous slide Examples: 1 in favor, 99 don t care: Unanimity: no Unopposed agreement: yes Consensus: yes 99 in favor, 1 against: Unanimity: no Unopposed agreement: no Consensus: Chairman can declare consensus 9

Consensus is the chairman s judgement call Chairman needs to make every effort to reach consensus But at the end of the day it is the chairman who decides whether consensus has been reached or not Use gavel to indicate that decision has been taken And if someone wants to reopen discussion after the chairman has taken the decision? Think hard whether you really want to allow it 10

Seconding a proposal "No proposal or amendment may be discussed unless it is supported by at least one other delegation when it comes to be considered." (General Rules 90) That means: The proposal (or amendment) is rejected at once and without discussion unless supported by at least one other delegation When a proposal or an amendment is introduced, the chairman's first question must therefore be: "Is there any support for the proposal?", and the second (assuming there is support): "Are there any objections? Used more in Plenipots, Conferences, Assemblies and Council, less in study groups, working parties and rapporteur groups 11

Be aware: not all decisions in ITU require consensus Various stages in the decision making process require different kinds of approval: Consensus Unopposed agreement Opposition of no more than one Member State 70% majority Majority Nevertheless, arguably the most important step in the approval process of a draft Recommendation is the consent (AAP) or determination (TAP) stage -> both reached by consensus 12

2. Understanding the Endgame 13

Understand the decision making process for AAP and TAP Recs The vast majority of Recs will pass without problems It is because of the very few Recs that are difficult that you have to be prepared If you don t understand the endgame, months or years can be wasted Again: various stages in the decision making process require different kinds of approval (see earlier slide) 14

Summary of AAP decision making process (Rec ITU-T A.8) When draft-rec is sufficiently mature, the study group meeting consents the text Study Group Chairman declares consensus Last Call period: if comments of substance, initiate comments resolution If necessary, Additional review period: if comments of substance, consider approval at next SG meeting At next SG meeting: A Member State present can declare that a text has policy or regulatory implications or that there is a doubt Approval then automatically moves back to the beginning of AAP or TAP Otherwise Rec is approved if no more than one Member State present in the meeting opposes the decision to approve the Rec (A.8, 5.4) 15

Summary of TAP decision making process (Res 1) When draft-rec is sufficiently mature, the study group meeting determines the text Study Group Chairman declares consensus Director issues a Circular informing the membership that Rec should be approved at the subsequent SG meeting 70% or more of the Member States responding (!) need to send a positive reply to the Director that they support consideration for approval at the next SG meeting Note: this can be a stumbling block towards approval At the subsequent SG meeting, the approval must be unopposed i.e., one Member State can stop approval Exception: at a WTSA, the Rec can be put to a vote. Then the Rec is approved if it obtains a majority of votes (>50%) 16

Can one party block approval of an No: AAP Recommendation? In the endgame of the AAP process (i.e., after Consent, Last Call, Additional Review), one single Member State cannot stop approval of a Rec at the subsequent study group meeting: you d need at least two Member States to oppose Note that if, within a single Member State, some Sector Members are in favor and some are against a Rec, the Member State is unlikely to take any position, i.e., the Member State will not oppose However, at this subsequent SG meeting, a single Member State present can declare that the text has policy or regulatory implications or there is a doubt: Approval then automatically moves back to the beginning of an AAP or TAP process 17

AAP with all the bells and whistles Approved SG or WP meeting () 1 LC: AR: Edited text for LC () 2 LC 4 weeks Director's announcement and posting for LC () 3 4 (a) (b) (c) Comment resolution (7) Last Call Additional Review (upper half of figure from Rec. ITU-T A.8) Edited text for AR () 8 (a) AR 3 weeks (b) 9 (b) 11 (a) Director's announcement and posting for AR ( 10) Director's announcement and posting () 5 3 weeks Approved SG Meeting () 6 Approved Director's notification and publication (see ITU-T. A.11) ( 12) A.8(08)_F01 Res. 1, Clause 9.3 (TAP) or Rec. ITU-T A.8, Clause 5.8 (AAP) Rec. ITU-T A.8, Clause 5.1 Rec. ITU-T A.8, Clause 5.2 Rec. ITU-T A.8, Clause 5.3 Y Rec. ITU-T A.8, Clause 5.4 SG Meeting (6) Review text and comments Revised text Policy, Reg y or doubt? N Unopp. Agree t? N > 1 MS Opp d? N Approved 18

3. Techniques for Reaching Consensus 19

How do you ask the question? How you ask the question can produce very different results: 1. Is anyone objecting to this proposal? 2. Is there any objection to this proposal? 3. I see no-one objecting. 4. I see no objection. 5. Is anyone supporting this proposal? 6. Is there any support for this proposal? 7. I see no-one supporting 8. I see no support. Note: some chairmen find it better to say is there any objection rather than does anyone object (and, in analogy, prefer 4 over 3, 6 over 5, 8 over 7): it makes it less a challenge for an individual to speak out. The latter could also be taken to indicate a personal opinion rather than a member s position 20

Summarize the issue at hand After discussion, summarize: Let me summarize now:. Summarizing can be pretty tough sometimes because after a confusing discussion no one including yourself really understands what an appropriate summary would be Don t move on; say instead Let me try to summarize what I understood After further debate the issue may be clearer A lot is already gained if different positions are clearly summarized. Then you can take the next step towards reaching a compromise 21

Ways of reaching consensus Informal ways Silent agreement solution Vocal agreement solution Coffee break solution Chairman s proposal solution Adhoc group solution Sleep on it solution Show of hands solution Consensus by exhaustion solution Indicative voting solution More formal ways Recording non-supportive voices in meeting report Recording non-supportive voice in Recommendations 22

The informal way: Silent agreement solution I see no-one objecting. I see no objection. Does anyone object to this proposal? Is there any opposition to this proposal? The above are useful for large meetings with long agendas Note: the above variations may produce a very different result Even if there have been lengthy objections by some parties, chairman could announce ok, we have heard all the voices now, and I take it that it is agreed If no objection afterwards, consensus has been reached 23

The informal way: Vocal agreement solution Does anyone support this proposal? Is there (any) support for this proposal? Could I hear from those in support of this proposal? Does anyone have anything to say in support of this proposal? Can be useful To quickly eliminate a proposal that is supported by noone else if you have arranged with someone in the audience to say yes - but don t get caught! 24

The informal way: Coffee break solution Let s have a coffee break now and see whether we can reach an agreement Useful when parties are not yet ready to reach a compromise but the Chairman feels that a solution could be reached in an offline discussion among the concerned parties 25

The informal way: Chairman s proposal solution The Chairman may propose a solution The Chairman s proposal could be something brand new, or close to one side of the issue, or a compromise Note that a compromise might not necessarily be the best solution. If one side wants red telephones and the other side white telephones, is pink telephones really the best solution? 26

The informal way: Adhoc group solution Form antagonists into an adhoc group they have to find a solution Useful if you feel that there is still some time needed to resolve differing views 27

The informal way: Sleep on it solution It may be too early to resolve different views Encourage the different parties to sleep on it and continue the discussion in the session the next day to continue discussing the issue off-line, e.g. in the evening at a dinner in the restaurant 28

The informal way: Show of hands solution Rather tricky in the ITU environment Can be simple and effective but has many pitfalls for the unprepared chairman Not every participant carries the same weight What is the conclusion when the show of hands is, say, 70/30? Or 80/20? Asking Who is in favor vs Who is against will produce very different results A show of hands is useful if Member States will allow it the Chairman is trying to isolate one or two troublemakers and make it visible to all that it s just 1 or 2 people against 150 people Chairman needs to know when to ask. Timing is everything 29

The informal way: Consensus by exhaustion solution People get tired towards the end of the day / the end of a meeting Sometimes it may be easier to reach a compromise solution when everyone gets tired Ask the meeting s permission to go overtime in a session, or Schedule additional sessions, e.g. night sessions 30

The informal way: Indicative voting solution For the historical record, the following was used once many years ago in a study group meeting Procedure: Recess meeting for a few minutes Allow each organization present to decide on its position, write it on a piece of paper, and give the paper to the chairman One vote per organization Identity of organization need not be indicated (there have been cases where a vendor and its customer have different views. In the public meeting, the vendor supports the customer s position, but in indicative voting as described, the vendor may indicate a different position) Reconvene meeting, count votes, announce result If minority is small, this may induce minority to give in 31

The more formal way: recording non-supportive voices in the meeting report <company/country> requested that the following statement be recorded in this meeting report: <statement> This way, <company/country> has a written record that it does not support the proposal but that it does not stand in the way of reaching consensus either 32

The more formal way: recording non-supportive voices in the Recommendation Include a statement in the text of the Recommendation that some companies/countries (list explicitly) have expressed a degree of reservation Examples: G.8110.1/Y.1370.1; D.156 This is an extreme solution ITU is famous for reaching consensus, so the Study Group Chairman needs to explore all other avenues first 33

How hard should a Rapporteur try to reach agreement? Rapporteur could say: I can t reach agreement in my Question, so I will forward the issue to the Working Party or to the Study Group plenary for decision But: why should reaching agreement be any easier in a much larger WP or SG plenary? In general, a good Study Group Chairman would say: don t bring any unresolved issues to my Study Group closing plenary However, some participants may not want to compromise at the Question level because they may want to use their position as negotiating mass for other issues Nevertheless: try as hard as you can to reach agreement in your Question 34

Reaching a decision when there is no consensus Voting in study group meetings is possible in principle, e.g. to decide Consent of an AAP-Rec or Determination of a TAP-Rec but not at the approval stage Voting procedure is complicated see General Rules Only Member States have a vote Try as hard as you can to avoid voting (and for all practical purposes you ll succeed), but know that the threat of a vote can drive parties to consensus In the 0.00 1% of the cases where a vote might come up, ask the ITU Secretariat for assistance For the first time in history, a vote was conducted during an ITU-T Study Group meeting: ITU-T SG 15, Feb 2011 35

4. Your Role in Chairing a Meeting (the term Chairman in this section refers to anyone chairing a meeting, whether a Study Group, a Question, an ad hoc group, unless noted otherwise) 36

The integrity of the Chairman A Chairman must be fair & impartial A Chairman must be seen fair & impartial A Chairman needs to earn trust - this a longer process Wear only one hat that of the Chairman If your company or government wants to take a position, they should send s.o. else to present it Make sure within your company/government before you take up the Chairmanship that you need to be impartial as Chairman View yourself as working for ITU, not for your company/government View the delegates as customers 37

Communicating means listening Communication is indispensible for the Chairman: Listen to the delegates on both sides of an issue Consult with your TSB Counsellor Listen to the Study Group Chairman, the Working Party Chairman, the Study Group management team, and get their advise Be visible Attend the relevant meetings including ad hoc meetings 38

Communicating means getting involved As chairman you need to be actively involved before and during the meeting period: Consult with relevant parties Discuss issues with delegates to gain a good understanding of the issues, the various perspectives, the strength of differing views, who holds them etc. Identify potential opposition ahead of time, spend effort to understand their position, develop good relationship with them Ensure all parties understand clearly the proposal to be decided on You will be less successful if you are not visible and spend much time isolated in an office or behind your computer 39

Communicating means involving Give everyone a chance to talk Involve new delegates in the process Make an effort to get to know new participants in your group Consider having newbie sessions at e.g. the study group level, perhaps even at the Question level 40

Communicating means responding If a delegate asks you a question (e.g. via email), do respond If you need time to find an answer, or if you don t have time for an immediate comprehensive answer, do send a short acknowledgment that you received the question and that you will get back later 41

Communicating means understanding languages Many delegates don t have English as a native language Talk slowly, and have other people talk slowly Make sure everyone understands the issue at hand and where you are going Repeat, or rephrase, issues at hand Ensure that written proposals by non-native English speakers are not shot down through eloquent verbal interventions from fluent English speakers only because they are much more at ease with English 42

Communicating means understanding cultures In some cultures you can be rather direct of saying that you don t agree with something In other cultures you don t voice different opinions openly easily Loosing face is probably not a nice thing to happen to anyone in any culture, but in some cultures it may be more serious than in others So: always be polite 43

Good luck 44

Acknowledgments The author acknowledges being inspired by the presentation of ETSI s Adrian Scrase Getting them to say Yes (the cartoon slides 2 & 3 are taking from Adrian s presentation) the input of former and/or present chairmen: Gary Fishman, Herb Bertine, John Visser, Dave Sidor the input of my ITU colleagues The presentation was first given at the Chairmen/Vice-Chairmen tutorial 15-16 Dec 2008; results of the roundtable discussion were incorporated subsequently An updated presentation was given at the Rapporteur and Editor Tutorial 28-29 Nov 2011 45