MEDIATION

Diplomacy in the International System

Table of Contents

Introduction1

History of Mediation3

Advantages of Mediation5

Should Mediators Be Local To The Conflict They Are Mediating?6

Process10

Conflict Management12

Conclusion15

References16

Diplomacy in the International System

Introduction

Mediation is a way to resolve conflicts between more than two people, with the help of an impartial third person, the mediator. Mediators can be students, teachers, and/or parents. They are not judges or arbitrators, they do not impose solutions or think about who is right or wrong, they seek only to meet the needs of the disputing parties by regulating the communication process and leading it through a few easy steps that if the parties collaborate it is possible to reach a solution where everyone wins or at least both parties are satisfied. Experiences like these are currently underway in some schools and beyond the solution to interpersonal problems, thereby promoting a more peaceful coexistence model (Schellenberg 1996: pp. 139-247).

Mediation is not a soft option but is highly effective. In over 80% of disputes, mediated parties find a way to resolve their problems and get on with their business - often continuing together as colleagues, employer and employee or supplier and customer. The parties themselves build and agree settlement with the Mediator as Chair, sounding-board, messenger and facilitator. Agreements can cover a raft of things, including the terms of a continuing relationship which is simply not available in Court, and which usually destroys it. As a lawyer, this is your chance to develop collaborative negotiation (not positional bargaining) and be creative (Kenneth 2001: pp. 139-174).

Mediation is voluntary, confidential and is based on dialogue. Mediation can resolve disputes related to breach of the rules of coexistence, friendships that have deteriorated or dislike situations that seem unfair, or any problems between members of the educational community. Mediation is a series of phases, which promotes communication and understanding between the parties in conflict. Enrich the use of the disciplinary regulations of the center, offering alternatives through dialogue and avoiding the loss of interesting relationships and the experience of feelings of misunderstanding that adversely affect the educational process. There are many interesting aspects of mediation that reflect the complex social, cognitive, and emotional processes of how people think, feel, and act toward members of their individual and other groups. Additional complexity derives from the fact that mediation regularly occurs in the context of complex social, organizational, institutional, political, and legal systems that have constraints and historical underpinnings. Mediation always involves communication processes, both verbal and nonverbal. A mediator, for example, might say to the parties, “Let me make the following suggestion to you about how to settle your problem” and may distribute his or her visual attention equally between the parties while making that statement (James et al. 2006: pp. 45-67).

Another view of mediation is that it is a role in a setting: “I am the mediator in today's pretrial court proceeding.” Mediation can also be a career choice, such as divorce or labor mediation, that entails specialized training and professional credentials and is guided by formal rules ...