AASHTO-Roadmap-for-Developing-Programmatic-Agreements

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• With the “most desired” and “least desired” outcomes of all parties in mind, the negotiator then facilitates discussions and negotiations among the parties to develop the PA, offering the “bomb-proofing” sugges- tions where appropriate, unless those measures would tend to undermine the purpose of PA. Include “comfort” measures in the PA. Consider including some of the following: • A relatively short term for the initial PA, with concur- rence of all parties required for renewal. • Opportunities for monitoring of performance under the terms of the PA • Incremental delegation of authority, with parties as- suming increasing responsibility or autonomy at spe- cific points during the life of the PA if all parties agree that things are working well

• Regular meetings among the parties to assess the op- eration of the PA and identify and solve any problems • A modular structure for the PA, such that if one part of the PA doesn’t work well it can be terminated while the rest of the PA remains in force • Efforts designed to build a trust relationship that can be included as part of the PA process As a last resort, if personality conflicts are a major issue, agree to find roles for those individuals that will limit the effects of the conflict (or limit their interac- tion with the other party(ies)).

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