108 Trial Monitoring: A Reference Manual for Practitioners is especially important to consider carefully any counterproposals that are suggested. These might offer the opportunity for a “win-win” outcome, if the counterproposals incorporate the essence or significant points of the programme’s recommendation. Satisfying the other party’s interests at the same time that programme objectives are accepted – if this can be achieved – helps build rapport and local ownership of reforms, and benefits the reputation of all parties involved. It can also be advantageous to inform counterparts of the potential negative repercussions non-agreement may have, although this should be done without being threatening.162 12.2 Public reporting Subchapters 12.2.1 to 12.2.4 provide an overview of the different types and functions of public reports issued by OSCE trial-monitoring programmes. Subsequent subchapters in this section relate to organizing monitoring reports, good practices and ways to maximize the impact of reports. ÀÀ Nature of public reports by trial-monitoring programmes Public reporting is one of the primary tools available to trial-monitoring programmes in supporting the development of the rule of law consistent with a state’s domestic and international legal obligations and commitments. Reports, as the culmination of monitoring efforts, are the main vehicle for providing the findings, conclusions and recommendations of monitoring. At the same time, especially for systemic trial monitoring, the issuance of a report is only a first step in a wider advocacy strategy that seeks not only to inform, but also to engage and influence local authorities and other stakeholders on the need for, and direction of, future reforms. ÀÀ Targets of public reports Though reports may be public in the sense that they are freely available, the legal nature of trialmonitoring reports means that reporting is not usually aimed at the general public. Instead, reporting is targeted at bodies and individuals with official responsibilities for the functioning of the legal system, as well as at organizations and individuals interested in justice-sector reform. Such groups include legislators, justice ministry officials, the judiciary, prosecutors and police, local lawyers and other local institutions involved in the justice process. Reports also serve to inform international and national organizations engaged in supporting reforms, including NGOs and donors. Depending on the purpose of monitoring, the media may also be a secondary target of reporting. Identifying the main recipients of a report plays a significant role in at least three domains: • It defines which aspects of a problem will be elaborated in the report. For instance, when addressing witness-protection issues, if the targeted recipients are the justice actors in the courtroom, then particular attention would be paid to the application of in-court protection measures, rather than measures to protect witnesses outside the courtroom. • It determines the level of detail required in the argumentation. For example, when legal actors believe that their actions are correct, a report aimed at inducing change will need to invoke factual and legal analysis to convince recipients that a problematic practice is not in compliance with domestic law or international standards. • It impacts upon the language to be used in the text. For example, elaborate legal terms and concepts can be used to address an audience with a legal background, but might not be appropriate if the report is targeted at the wider public. 162  There are a number of writings on negotiation skills that programme managers will find useful. Among others, see William Ury, Getting Past NO: Negotiating in Difficult Situations (New York: Bantam Books, 1993).