Constructive
Management of Conflicts
through
Mediation and Dialogue
Part I
Outline of the Sessions
Facilitator: Prof Dorcas Ettang, Associate Professor, International Centre of Nonviolence, Durban University of Technology, South Africa
Mediation has a long history as a bridge to communication between various parties. In the Bible, Moses is the mediator between God and men. Religions like Catholicism have regarded their priests as mediators interceding on their behalf. In many cultures, the most respected elderly people were used to mediate in family conflicts. Landau et al. (1987) report that in China, Japan and Africa, mediation was used to solve conflicts, especially those between neighbours. After the creation of states, diplomats acted as mediators, communicating interests and sharing information with the parties involved in the dispute. Over time, mediation has been used in schools, tertiary institutions, judicial systems, villages, communities, families, businesses, and international conflicts.
Mediation
is an important tool for resolving conflict and requires skills and knowledge.
How do you mediate and facilitate dialogue between individuals, groups,
communities, and countries in disputes, conflict or at war? This session will answer
this important question, which will also require that participants reflect on the
knowledge gained in the class. Mediation broadly involves the
following steps: mapping out the conflict parties, contradictions and goals,
identifying how and which of their goals are legitimate, and bridging the
legitimate goals of both parties. A mediator’s role is critical as they can even create more
disagreement and further escalate the tensions between conflicting parties. The mediator should seek to create an appropriate
atmosphere and help them reach a rational decision.
According to Johan Galtung, the mediator’s mindset
is significant in the shaping of the mediation process. A mediator’s duty in
creating dialogue is backed by the idea that the parties are responsible for
reducing violence and destruction. The mediator is independent and does not
conceal information or have a hidden agenda. They do not use threats,
punishments, rewards or promises to get the parties to yield. Only fair play is
accepted. The mediator brings to the conflict general knowledge, skills,
empathy, nonviolence, creativity, compassion, and persistence. The mediator
must be willing to learn about the parties and speak with them, exchanging
general and local knowledge. He needs to know, grasp, understand and explore the
conflict to assist the parties in resolving it. The role and tasks of the
mediator range from creating the conditions for an open dialogue, assuring the
parties involved in the conflict can express their concerns freely, and creating
the space for autonomy in decision-making. They act as a facilitator, educator
or communicator, helping to clarify issues, identifying and managing emotions, and
creating options, making it possible to reach an agreement to prevent rivalry
or discord.
Dialogue, not persuasion or coercion, is the
suggested approach in mediation. In using dialogue as a communication tool, the
mediator should engage parties in brainstorming and obtaining responses to
questions. The mediator needs to be understanding and empathetic when engaging
in dialogue and communicating with the parties to the conflict. Dialogue
promotes and inspires collaboration in finding alternative solutions to
problems. It shifts away from competition, where the views of the mediator or
the parties to the conflict are imposed on others’ ideas, and they dominate the
process.
Examples such as that of Burundi and South Sudan show
how national dialogue has been used to address common issues. National and
inclusive dialogue processes, including youth, women, and other
under-represented groups, have been instrumental in healing the wounds and
trauma of the war. It has created an environment for citizen engagement,
calling for effective leadership and creating a shared vision.
The session will cover the following:
understanding mediation and dialogue,
the mediation and dialogue process,
the goals and roles of a mediator,
the dos and don’ts,
the art of persuasion and trust-building,
and
the challenges in reaching an agreement.
It will also
explore ideas of mediation and dialogue from Gandhi's life and work.
Additional Sources and References:
1. African Union Mediation Support Handbook, https://www.peaceau.org/uploads/06-au-mediation-support-handbook-2014.pdf
2. Barker, E. (2019). What Would Gandhi Do? Available from: https://mediate.com/what-would-gandhi-do/.
3. Unit 12 –
Mediation and Reconciliation. Gandhian Approach to Peace and Conflict
Resolution. eGyanKosh- a National Digital Repository. Available from:
https://egyankosh.ac.in/bitstream/123456789/63710/4/Unit-12.pdf
4. Berghof Foundation: Negotiations, dialogue
and mediation. Which approach leads to intra-state peace? https://berghof-foundation.org/news/negotiations-dialogue-and-mediation.
5. Galtung, J. (2000). Conflict Transformation by Peaceful Means (The
Transcend Approach). Participant’s Manual. United Nations Disaster Management
Programme.
6. Hampson, Fen Osler, Chester A. Crocker, and Pamela Aall, ‘Negotiation’, in
Andrew Cooper, Jorge Heine, and Ramesh Thakur (eds), The Oxford
Handbook of Modern Diplomacy (2013; online edn, Oxford Academic, August 1 2013), https://doi.org/10.1093/oxfordhb/9780199588862.013.0018, accessed October 14 2024.
7.
Horowitz, S. (2007) Handbook of Peace and
Conflict Studies. Routledge
8.
Karak, M. (2019). Mahatma Gandhi, Master Mediator. JSTOR Daily April
24. Available from: https://daily.jstor.org/mahatma-gandhi-master-mediator/
9. Landau, B. Bartoletti, M. & Mesbur, R. (1987). Family Mediation
Handbook. Toronto: Butterworths.
10. Moore, C. (1986) The Mediation Process: Practical Strategies for
Resolving Conflict. Jossey-Bass, San Francisco, CA.
11. United Nations: Prevention and Mediation https://dppa.un.org/en/prevention-and-mediation#:~:text=Since%20its%20inception%2C%20the%20United,during%20implementation%20of%20peace%20agreements
12. Youtube
Interview: International Conflicts and the Mediation Approach | Interview with Dr
Kenneth Cloke: https://www.youtube.com/watch?v=44yjRiaCY0Q
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