For many consensus building processes, the goal is to reach an agreement that can be put into practice. Thus, the measure of success of a consensus building process is not only whether the parties reach agreement, but also how successfully it is implemented. From a mediator’s point of view, the key tasks in the implementation phase include:
- Securing ratification of the agreement (for example, by the organizations represented by participants in the consensus building process)
- Holding parties to their commitments
- Renegotiation or dispute resolution during the implementation phase
There are many reasons why agreements might fail to be implemented, including:
- Agreement was not technically feasible
- Agreement was not institutionally feasible
- Changes in circumstances
- Bad faith
- Process did not involve all parties
- New parties emerged
- Negotiators lacked the ability to bind their organization and/or future policy makers
Mediators (and participants) can seek to avoid implementation problems by:
- Satisfying the interests of all parties
- Ensuring that all key parties are at the table
- Creating continuing relationships
- Being explicit about who does what when
- Creating self-enforcing mechanisms such as:
- Renegotiation clauses
- Structured timetable; contingent agreements
- Positive incentives to comply
- Negative consequences for non-compliance
- Monitoring committees
- Using “third party” mechanisms, such as:
- Mediation clauses
- Arbitration clauses
- Monitoring by a third party
- Court supervision
