Successful Implementation

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