MEDIATION - Mediation by private individuals and NGOs

- coined by the United States as citizen diplomacy

Mediation is a special kind of negotiation designed to promote concept that the individual has the right to
the settlement of a conflict involving a third party. help shape US foreign policy relations one
hand shake at a time
A third party must: - Motives include corporate interests, political ambitions,
- Be impartial in the dispute charitable instincts, and to show off
- searches actively for a settlement wherein the parties
will be satisfied 3. Multiparty mediation
- be a full partner in the negotiation - Involvement of more than one mediator in the attempt
chairing negotiating sessions to settle a conflict is becoming a norm.
proposing solutions - two types: simultaneous [also called as collective
employing threats and promises mediation] or sequential [one mediator at a particular
- facilitate the arrangement for a neutral venue for the level of the mediation]
talks
THE IDEAL MEDIATOR
Good office All mediators should be perceived as impartial on the specific
- no more than helping to bring the parties in conflict into issues dividing the parties to a conflict.
direct negotiations - Impartiality enables the third party to be trusted by both
- role is limited in the pre-negotiation stage parties.
- acting behalf of an office or institution that provides a - Reassurance about their mutual sincerity are well-
venue for further negotiation founded and that their confidences will be kept.
- not to provide an institutionalized settlement - Conflicting parties must believe that any compromises
it propose are of equal benefit to both
Conciliation
- attempt to resolve a dispute by having it examined by Must have influence and has more effective power relative to
an independent commission or conciliation the conflicting parties
commission - Mediators must influence public opinion and the
- offers recommendations or solutions which are not democratic elites
legally binding - Has the ability to manipulate tangible rewards and
sanctions, including increased or reduced levels of
Arbitration economic and military aid
- the same as conciliation but recommendation is
binding They must possess the ability to devote sustained attention to
- there is a body or institution which these parties are their dispute and be propelled by a strong incentive to achieve
signatories that provides legally binding solutions to a durable settlement.
two conflicting states - Conflicts are not settled overnight. Continuous
- ad hoc institutions involvement produces familiarity with the problem and
key personalities.
Judicial settlement - Making a settlement in the conflict must be a high
- adversarial arrangements priority
- scope is broad; tackles several international issues
- permanent institutions [ICJ, ICC] PROBLEMS IN MEDIATION
1. When is the right moment to mediate?
TYPES OF MEDIATORS AND THEIR MOTIVES Premature mediation will not only fail, but also
1. Track One makes matters worse
- The most important mediators are the states whether 2. Efforts of mediating will be discredited by conflicting
acting stingly or collectively or via the United Nations. countries
- To defuse crises that threaten the global stability, 3. Pessimism about reaching an agreement
including global economic stability, in which they have How long will it provide stability? How
such an important stake effective will it be?
- See mediation as a means of generally raising their Mediators have their own agenda
prestige 4. One or both of the parties will take provocative
- To preserve internal solidarity within organizations and measures and it is inevitable
alliances
- States also mediate in international and intra-state
conflicts under the authority of the charters of the intl
orgs they have established

2. Track Two