Mediation

WHAT IS MEDIATION

Mediation is a process of alternative conflict resolution in which a neutral third party helps the adversaries to open negotiations and end a dispute in a mutually satisfactory agreement. Unlike arbitration or litigation, mediation does not impose a solution upon the parties.

The process of mediation is essentially-

Ð'ÐŽÐ"o Independent, voluntary and informal

Ð'ÐŽÐ"oFlexible

Ð'ÐŽÐ"oNon-judgmental

Ð'ÐŽÐ"oNeutral

Ð'ÐŽÐ"o persuasive, without the power to impose a decision

Ð'ÐŽÐ"o Satisfactory to all the parties.

FIELDS OF APPLICATION

The main fields of application of mediation are business commerce, legal dispute, diplomacy, all scales of civil disputes, international conflicts e.t.c

Mediation is needed:

When all the parties look for a nonviolent settlement

When the parties mutually recognize the exhaustion of resources and options

When neither party is yet exhausted but recognizes a stalemate situation

Sometimes mediation is asks the parties to publicly demonstrate their flexibility over the conflict.

THE MEDIATOR

The third party that acts as a Ð'ÐŽÐ'®go-betweenÐ'ÐŽÐ'Ї in mediation is called the mediator. A wide verity of mediators has been working to create peace in the history of conflict resolution. Individuals such as the emperor haile sellasi of Ethiopia ,the us secretary of state, the pope or organizations like the world council of churches,OAU and other regional summits, the United Nations are accepted as successful intermediary factors.

Chris Mitchell has summarized the different types of mediators into the following figure-

THE MEDIATOR

INTERNATIONAL INDIVIDUALS PRIVATE

ORGANISATIONS REPRESENTING INTERMEDIARIES

[INSTITUTIONAL GOVERNMENTS

MEDIATORS]

KEY PRIVATE

INDIVIDUALS INDIVIDUALS

International organizations have been working actively as mediators since 1945.

OAU set up a commission to help resolve inter African disputes .similarly the Arab League, the organization of American states [OAS] ,the ASEAN and other regional organizations ,world councils of churches [in Sudan in 1970-71] the UN etc work as mediators. Separate institutions for mediations have been set up. The Society of Friends or Quakers is such an institution.

US secretaries of states work traditionally as intermediary factors .Henry Kissinger worked between 1973 and 1975 in the Arab Israel conflicts. Jimmy Carter achieved the camp David settlement in 1978 .Soviet premier Alexei Kosygin initiated the Tashkent agreement between India and Pakistan in 1966.another US secretary of state Alexander Haig tried to prevent a war between Britain and Argentina in 1982 but failed. Norway sent representivesin the Sri Lankan civil war.

Some small Latin American countries, Sweden, and Vatican [in the 1984 dispute of beagle channel between Argentina and Chile] are known as skillful mediators.UK government took initiatives to de-escalate the Nigerian civil war.

The term Ð'ÐŽÐ'oprivate mediationÐ'ÐŽÐ'± was coined by curl[1971].they are either highly prestigious individuals like the pope [in Latin American disputes] or individuals without any official reorganization possessing personal relationship with the antagonists .They have no resource other than goodwill And willingness to help. For example businessmen Tiny Rowland and Armand Hammer

QUALITIES OF A MEDIATOR

As described by Oran young [1967,pp-80-90] a mediator should have:

1. Independence, especially from the parties to the dispute.

2. Prestige and authority in the eyes of the parties involved and of relevant regional international observers

3. Knowledge, skill and flexibility

4. Access to appropriate technological resources and service to enable him to conduct the mediation process rapidly, without having to rely upon either of the two sides for assistance in conducting the process.

Otto Von BismarckÐ'ÐŽÐ'Їs phrase about being an honest broker characterizes the general view of the essential nature of any mediator.

Mediation Can Be Found in Ancient histories begun presumable with Phoenician commerce Greeks cities offered to mediate between conflicting Greek powers such as Athens and Sparta. Mediation was recognized in Roman law starting from JustinianÐ'ÐŽÐ'Їs digesto certain tribes in Africa have religious leaders who act as mediators in a conflict between individualÐ'ÐŽÐ'Їs families or lineages. LeopardÐ'ÐŽÐ'Їs skin priest among the Nuer groups of Sudan or the Monkalune institutions in Ifugao society work as good offices

in the international or international level since 1945

Numerous successful or unsuccessful attempts of mediation has been taken. Examples of such attempts of mediation can be found in the discussion of different types of mediators.

MEDIATION IS PREFERRED