Key Steps of a Consensus Process

1. How to do an internal agency’s assessment
2. How to do an external stakeholder’s assessment
3. How to select and work with a facilitator or mediator
4. Establishing a representative group
5. Establishing ground rules
6. Disclosing timing and funding constraints
7. Phases of work
8. Finalizing the Agreement

Key Step 5: Establishing ground rules

Experience has shown that ground rules are essential to the success of consensus processes over complex issues. The process for establishing the ground rules is important; the more distrust and controversy that exists, the development of the ground rules should be more open and participatory.

The facilitator usually is responsible for drafting the ground rules after completing the assessment interviews and planning steps. The facilitator then shows the proposed ground rules to the participants and discusses them with the full group at the first meeting.

Formulating ground rules for agreement seeking process:

Ground rules should include the following issues:

1. The purpose and scope of the process.
   
2. Participation: role of the agency staff; whether participation of alternates is permissible; provision for inclusion of new parties; observers; other interested parties.
   
3. The roles of participants: whether all participants will have relatively equivalent status.
   
4. Decision rules: the meaning of consensus as well as what will happen if consensus is not reached.
   
5. The end product: gaining ratification; what the agency will do with the agreement; the degree of commitment by participants to abide by any agreement.
   
6. Understandings about the participants' activities in other proceedings: whether 'good faith' participation will constrain the activities of participants or their constituents in other forums, such as a legislative session, administrative hearing or judicial proceeding.
   
7. Responsibilities of representatives for keeping their constituencies informed and gaining ratification of agreements reached at the negotiating table.
   
8. Informing those not at the table: who will be informed of progress and how this will happen.
   
9. Organization and conduct of the meetings: agenda's, record keeping, and responsibilities of the facilitator.
   
10. Selection and removal of the facilitator: the role of participants in the selection, evaluation or payment of a mediator or facilitator. Provision for replacing the facilitator if the participants feel he or she is biased or ineffective.
    
11. Withdrawal of a participant: If a participant withdraws, everyone left at the table should determine whether the process can go forward. If the participants want some other default procedure, they should agree to it beforehand and include it in the protocols.
    
12. Communications with the media; how and by whom.
    
13. The timetable or schedule.
    
14. Provision for use of caucuses.
    
15. Information: provisions for sharing information; confidentiality.