MEDIATION IN CONFLICT RESOLUTION WHAT MAKES FOR SUCCESSFUL PEACE NEGOTIATIONS

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MEDIATION IN CONFLICT RESOLUTION - WHAT MAKES FOR
SUCCESSFUL PEACE NEGOTIATIONS?

• Dr Noelle Higgins and Dr Brenda Daly
• School of Law and Government,
• Dublin City University, Ireland.

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International Peace Mediation

• A growing number of conflicts are ending in
  negotiated settlements, e.g. conflict between
  Indonesia and the GAM in Aceh
• New trend for using mediation to resolve conflict
  on the international stage
• Emergence of a new concept of international peace
  mediation

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Aims Objectives

• To analyse the use and effectiveness of mediation
  as a conflict resolution technique
• Focus will be on Aceh as a case study to assess
  the conflict mediation process
• Findings extrapolated from the Achenese case
  study will help
• ascertain what model of mediation is best suited
  for conflict resolution processes
• evaluate the role and influence of the mediator
  in such processes

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Styles of Mediation

• Evaluative mediator is more involved with both
  the process and the outcome
• Facilitative significant features are that it
  is consensual and voluntary the mediator is an
  impartial third party who assists the parties to
  reach a resolution
• Transformative focuses on empowerment,
  recognition and transforming the community

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Aceh
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Aceh

• Aceh is a special territory of Indonesia and
  lies at the northern tip of the island of
  Sumatra, with a population of 4.01 million people
• An Acehnese separatist movement, GAM, had been
  involved in a conflict with the Indonesian
  government for over a quarter of a century
• Various attempts at peace deals had been made
• Mediation had been undertaken by Centre for
  Humanitarian Dialogue and Crisis Management
  Initiative
• A peace treaty was finally brokered by Martti
  Ahtisaari of the CMI and was signed in August
  2005 Memorandum of Understanding
• Law on Governing Aceh adopted
• Relative peace since

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Lessons from Aceh

• Timing the Tsunami effect
• Perseverance
• Acceptability of Mediator
• Impartiality v Fairness
• Nothing is agreed until everything is agreed
• Confidentiality
• Early planning of monitoring / follow-through
• Inclusive process
• Transforming political agreement into law

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Traditional Mediation v International Mediation

• Traditional mediation and international mediation
  is there a difference?
• From a jurisprudential perspective, there is no
  difference in so far as the theoretical
  underpinnings are fundamentally the same
• In practice, there would appear to be a greater
  degree of flexibility in the approach adapted by
  conflict mediators
• There are no formalised rules or guidelines that
  must be adhered to as part of conflict mediation,
  which differs from commercial, family and civil
  mediation processes
• Selection and appointment of the mediator differs
  in conflict mediation
• The understanding of impartiality is different

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Model of Mediation

• Party-driven rather than mediator-driven
• Need for flexibility in approach
• Multi-track mediation model
• Formalised code for mediators, while useful,
  could be an impediment
• Inclusive process
• Strong monitoring mechanism necessary once
  resolution agreed
• Independent funding mediation for mediations
  sake

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Role of the Mediator

• Knowing where to access expert advice
• Knowing how to engage with the parties
• Intuitive skills of the mediator social and
  intellectual skills, presence and timing
• Influence having access to the right little
  black book!
• Experience and imagination
• Difference between impartiality and fairness
• Transferable skills domestic/international
  mediation

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Conclusions

• While conflicts continue, there will be a need
  for conflict mediators at all stages of the
  process
• International peace mediation is an emerging
  profession which needs constant review to ensure
  success
• Success stories can take mediation forward
• In a conflict context, mediation must be
  understood differently from the traditional civil
  definition
• Conflict mediation must be completely driven by
  the parties in order to be successful
• International peace mediation has emerged in the
  absence of formalised guidelines and structures
• While every conflict should be analysed in
  context, there needs to be minimum guidelines
  informed by experience to ensure a lasting peace