[PDF] Community Development Toolkit - CommDev

14Community Development AgreementscontinuedMANAGEMENT TOOLSSTEP 1Establish the basis for successfulnegotiationsCompanies should recognize that successfulagreement making is critically dependenton ensuring that the negotiations that arecentral to reaching agreement arecharacterized by a positive set of attributes.In practice, this means establishingnegotiations that are:• Interest based rather than positionalTo establish a shared understanding ofthe individual and shared interests ofcompany and community should involveconsideration and acknowledgement ofthe rights of all parties.• Grounded in inclusivity of processIf genuine progress is to be made in amanner that addresses the interests andaspirations of all parties, agreement-makingprocesses must involve not only communityleaders, but also representation for groupsthat may otherwise be marginalized.• Legitimate and trustedWhatever form the negotiations take, theymust have legitimacy in the eyes of partiesand be trusted. In practice, this may meanworking with or adapting local or traditionaldecision-making processes, rather thanimposing an unfamiliar process. It alsomeans conducting negotiations in a spiritof openness and information sharing.• Transparent between the partiesAt a minimum, the negotiation processand decision-making authority must betransparent to the parties concerned,while respecting legitimate interests of theparties on matters they may wish to remainconfidential. This involves up-frontthinking about (and agreement on) whatshould or should not be disclosed to theparties to a negotiation or otherstakeholders, and at what stage.• Focused on the stability andsustainability of outcomesFocus on achieving stable and sustainableoutcomes for long-term benefit, ratherthan on short-term fixes that lack thesustained support of the parties neededto underpin success.• Context specificThe rationale for focusing on attributesrather than prescriptive approaches isthat negotiations must be adapted to localconditions and realities – there are noboilerplate solutions that will fit allcompany–community interactions.• Predictable in terms of processWhile the outcomes of negotiations willinvariably be unpredictable, it is importantthat the process steps towards reachingagreement are clearly understood andagreed between the parties – and thatthey are adhered to unless changes aremutually agreed. Establish a time framefor the agreement-making process whichis acceptable for all parties.• Fair and equitable (for participants)Recognizing that there may beasymmetries between the parties in termsof their knowledge or ability to effectivelyengage in negotiations, it is incumbent onthe company to offer support (on an asneededbasis) to ensure that communitiescan effectively engage in the process.Failure to do so makes it more likely thatthe process will result in agreements thatare open to challenge and become asource of discontent.156 Community Development Toolkit