Effective Mechanisms for Implementation of Agreement. The outcome of an effective mediation process should be a comprehensive written agreement acceptable to both parties, that encompasses all disputed issues. Satisfactory implementation of this agreement is essential to the success of the mediation process as a whole. Consequently, the issue of implementation should be addressed early on in the mediation process and mediation should only be attempted where implementation will be possible. Where a government agency or other third party will be responsible for monitoring or implementation of an agreement, such party should ideally participate in the mediation process as a stakeholder. The solutions specified in the agreement and the means by which they will be implemented, should be politically, technically and financially feasible.134 The agreement itself should clearly establish legal mechanisms to bind the parties to its terms and provide sufficient detail as to what steps will be undertaken to implement the agreement, by whom and when. There are various legal mechanisms to achieve enforceability. These include formalising the agreement as a binding contract enforceable through the courts, adoption of the agreement as a decision by a government 133 RESOLVE, "Environmental Mediation: An Effective Alternative?," p18. 134 Ibid., p17-18. agency enforceable through administrative sanction, ratification of the agreement by judicial order or enactment of an agreement by government regulation/legislation thus providing the agreement with the force of law.135 Finally, provision in the agreement should be made to deal with further disagreement between the parties over the matter of implementation. Such disagreement may be referred to further mediation, arbitration or an administrative/legal forum depending on the legal enforcement mechanisms employed in the agreement.
