Why Post-Settlement Settlements?

Issue Date July 2003
Volume 14
Issue 3
Page Numbers 104-118
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This article addresses the issue of the durability of peace settlements, with South Africa as the illustrative case. Settlement failure occurred as parties approached negotiation from different cultural perspectives. These lead to fundamental disagreements about the rules of good faith, the status of contract and approaches to dealing with incommensurables. These disagreements undermine the fairness of the original exchange, putting the legitimacy of the entire settlement at risk. Post-settlement settlements allow for such eroded agreements to be revisited and revised. The agenda should address the theme of relative group status, the objective should be to establish parity of esteem.