Tools of the Mediation Practice

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, and
• 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