ASL Class of 2007 Graduate Cory Vicars made a special guest
appearance to talk with my Environmental Dispute Resolution students about
using ADR skills, especially negotiation and consensus building, in the oil and
gas business. He told three stories. The first story focused on a
dispute with a landowner about access to a production well. Cory, then a
landman for Consol, arrived on the property to find four shotguns pointed at
him. After spending 2.5 hours talking with the landowner, the landowner
agreed to have a crew of surveyors work on the property the next day to help
resolve the dispute. The next day, the landowner greeted the Consol
employees with a cooler full of drinks and sandwiches.
In the second story, he
described the negotiation he had with his new employer, Shell, over salary and
benefits. He also described an HR exercise administered to him to assess
his problem-solving skills. His response was so effective and
comprehensive, he scored higher than they could accurately assess with the
point scoring system that applied.
In the third story, he described
his work as a senior landman on the “minerals” side of Shell’s oil and natural
gas exploration business. He described the fracking process in the
Marcellus Shale deposit. He also described the current technologies for
disposing or processing of the returned fracking fluids and the naturally
occurring brine. Finally, he discussed an article assigned to students to
read about a collaborative negotiation process adopted by several hundred
landowners with mineral rights in the Marcellus Shale field. By
adopting that group approach, they had more leverage in negotiations with two
different natural gas production companies. Cory emphasized how important
it is for a landowner to retain a competent lawyer who knows the oil and gas
leasing business. That lawyer also needs to know about the state
environmental regulations that govern oil and gas exploration and that provide
protection to landowners.
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