Stabilize
 - 5.3


Involve important people to get outcomes lived up to

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Purpose

People that are important to parties can be witnesses. They can monitor the process of dispute resolution and compliance. So parties have more reasons to cooperate and live up to outcomes. 

Solutions summary

When outcomes are witnessed by important people to the parties, parties are more likely to live up to their side of the agreement. The influence of important people who witness the outcome depends on their relation to the parties and their status in the community. All of the following are used in practice by facilitators as witnesses:
  • Family members
  • Respected friends of the parties
  • Important people in the community
  • Other people who matter to the parties. Does it matter what this person thinks about the parties?  
Witnesses can be involved to:
  • Support parties to seek a solution (see also Tool 4.5 on using influential people)
  • Certify that they have seen both parties sign the agreement.
  • Sign the agreement to confirm that it is a good solution. 
  • Monitor that the agreement is carried out
  • Talk to parties to support compliance
  • Report to the facilitator if the problems comes back

Local solution: How to use Witnesses to an Agreement

Witnesses - Both parties take a witness who both sign the agreement; - There is one third by both parties designated as a witness and who also signs the contract; - Witnesses to make their own statements, that signatures and added to the agreement; The statements must contain the same information as above: - Place and date - Names - Signatures - Agreements that must be respected (optional for the witness)

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Added by: DAS

Local solution: Use of witnesses

  • Witnesses are very important to put pressure on parties to abide by agreement. Following are a number of ideas that can help mediators to use witnesses effectively:
  • Witnesses must sign agreement to ensure for the implementation.
  • Witnesses must be people with influence and legal aged person
  • Witnesses would assist in monitoring of agreement implementation
  • In case of domestic violence; witnesses should be family members, who have influence in families to link family tie.
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Added by: ADHOC

Local solution: How to use witnesses to the agreement

  • Witnesses are very important to put pressure on parties to abide by agreement. Following are a number of ideas that can help mediators to use witnesses effectively:
  • Witnesses must sign agreement to ensure for the implementation.
  • Witnesses must be people with influence and legal aged person
  • Witnesses would assist in monitoring of agreement implementation
  • In case of domestic violence; witnesses should be family members, who have influence in families to link family tie.
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Added by: TISCO

Evidence from practice

Witnesses sign the agreement: A smart practice that is reported in Egypt is to make the witnesses feel co-responsible for implementation is by letting them sign the agreement as well.

Family conferencing: In Indonesia in the KBH network each party is asked to choose one family member to facilitate the process and to witness and co-sign the agreement

 

Evidence from literature

People are more likely to be influenced by those they like than those they do not.

Dugan, Máire A.. "Persuasion." Beyond Intractability. Eds. Guy Burgess and Heidi Burgess. Conflict Research Consortium, University of Colorado, Boulder. Posted: October 2003 ." see link here

 

Shaming in interdependent relationships has a positive effect on dispute resolution, because rule violating behaviour is less likely to be stigmatized.

Hay, C, An explorative test of Braithwaite's reintegrative shaming theory, Journal of Rserach in Crime and Delinquency  Vol. 38 No. 2, May 2001 132-153

Involve important people to get outcomes lived up to

by admin on April 13, 2011

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