International Mediation Flashcards
What is mediation
a process in which one or more third parties assist parties in conflict who are unable or unwilling to find a solution on their own.
extension of existing negotiation process, particularly for most resistant cases.
Why do parties accept mediation?
Because they believe it will be advantageous for them.
It hints at potential for a better outcome compared to what they could achieve through fighting or direct negotiations.
- sginifies importance of ripeness (parties recognize mediated solution may offer more favorable results.
- acknowledge role of bias
Nature of mediator - states
varies depending on entity involved.
States, whether they are superpowers or small nations, play a significant role.
superpowers= posses leverage, resources and often exhibit bias due to power asymmetry.
small-sized states: lack leverage, resources, potentially making them less biased.
International and Regional organizations
- may serve as a smoke screen for state activities, employing a sense of realism in interventions.
Mandated by charters + promote Peace as core alue.
Their involvement is often driven by specific outcomes that align with their raison d’‘etre, fundamental purpose.
They operate within organizational limitations, including operating principles, statutes, membership considerations, and procedural frameworks.
Religious organisations, Humanitarian NGO’s and advocacy groups
play a crucial role as mediators too.
* operate autonomously
* have long-term presence within conflict-affected areas
* recognize early warning signals.
By establishing close relationships with local officials, they gain valuable insights and access. These mediators focus on humanitarian concerns and specific issues such as resource dispute, employing low-level intrusiveness and limited leverage to facilitate dialogue.
Illustrious individuals
such as Martti Ahtisaari, Desmond Tutu, and Nelson Mandela, bring their
reputation and mediation expertise to the table. Their involvement enhances the credibility and
legitimacy of the mediation process, drawing on their past successes and personal influence.
Nature of the mediator – Partiality
Mediation involves a substantial investment, both in material and non-material terms. Outside actors are unlikely to engage in mediation unless they have a vested interest in finding a solution that aligns with their own interests
Partiality mediator manifestations
humanitarian perspective: mediators may be motivated by genuine concerns for well-being of conflicting parties + affected populations.
Offensive stance: obtain gratitude from both sides, and limit influence of rivals actors.
Defensive side: mediators aim to preserve their own influence over conflicting parties, preventing rival actors from capitalizing on conflict + mitigating potential spillover effects.
Reputational considerations also influence the mediator’s partiality. By promoting principles, values, and norms, mediators seek to enhance their reputation and project themselves as champions of peace and conflict resolution.
Touval about Mediator
Mediation is a foreign policy tool
Bias of mediator
mediators closeness to particular party implies possibility of delivering that party to an agreement BUT can be perceived as favoring/ undermining mediators success.
A biased mediator who aligns closely with one party may have a deeper understanding of their interests, concerns, and constraints. This understanding can facilitate effective communication and negotiation, potentially leading to more satisfactory outcomes for all parties involved
Nature of mediator : LEVERAGE
the nature of mediators leverage is an important factor in facilitating the resolution of conflicts.
Leverage can be classified into strategic power and tactical power.
Strategic power
Primarily relies on available resources.
Legitimate, information, expert, coercive and reward Power.
- Legitimate power is one aspect of strategic power, as it involves being accepted by disputing parties as a legitimate and neutral mediator.
- Information power: enables mediator to control + manipulate information relevant to conflict.
- expert power + referent power: expertise, status, prestige in particular field of mediator
–> credibility - Coersive power: ability to exert pressure or impose consequences if parties do not comply
*reward power: involves offering incentives or benefits.
Tactical power
focuses on mediators skills and apporoaches
Communication, image, momentum tactics
*Communication tactics: using effective communication strategies to foster understanding, manage conflicts and faciliate productive dialogue between parties
*image tactics involve shaping + managing mediators public image + perception to enhance credibility and trust
*Momentum tactics aim to build momentum + positive dynamics during mediation process.
Party arithmetic
refers to identifying the disputing sides involved in the conflict.
Internal cohesiveness within parties
parties with higher internal cohesiveness are more likely to have a clear and unified position, making negations more straightforward.
Low cohensiveness within a party can lead to confusion and difficulty in identifying the appropriate party representatives for negotiations.
Regime type of parties involved
can influence mediation process.
Liberal Peace theory: democracies are less likely to engage in armed conflicts with other democracies.
Spoilers
individuals or group that may disrupt or undermine mediation process.
Ripeness
refers to the readiness of the parties to engage in meaninful negotiations and reach a solutions.
Crucial aspects to perception of Ripeness
- Mutually Hurting Stalemate (MHS)
- Way Out (WO)
- Mutually Enticing Opportunity (MEO)
Mutually Hurting Stalemate (MHS)
refers to a situation where both parties in conflict have reached a point where the continuation of the conflict is causing significant harm or loss to each side.
* creates a sense of urgency and recognition that current situation is unsustainable, promting the parties to seek a way out.
Identification of a Way Out (WO)
It involves the parties realization that there is a feasible path or solution that can lead them out of the stalemate.
- perception that negotiation is suitable alternative
- not necessarily linked to specific solution
- something to gain
* - providing a sense of hope and potential resolution acceptable to both sides.
- it may involve ocmpromises, creative problem-solving or exploration of alternative options.
Mutually Enticing Opportunity (MEO)
Refers to prospects and benefits that a resolution can bring to both parties.
incentive for parties to engage in mediation and pursue a negotiated settlement.
This could involve opportunities for improved relationships, economic benefits, enhanced security or other positive oucomes that make
the resolution, more attractive than continued conflict
Tractability of dispute (handelbaarheid)
refers to its potential for resolution through mediation.
2 key factors:
* intensitivity of conflict
* issues at stake in dispute
Intensitivity of conflict plays a role in determining tractability
Quantitative studies suggest that conflicts with a higher number of fatalities tend to have a greater likelihood of the parties accepting and committing to mediation. This can be attributed to the recognition of the devastating consequences of the conflict and the desire to seek a peaceful resolution. However, qualitative studies indicate that conflicts with a high level of intensity, particularly those characterized by intractable and deeply rooted issues, may be less amenable to mediation. The complexity and entrenched nature of such conflicts pose significant challenges to the mediation process.
Issues at stake contribute to tractability
Conflicts often involve
multiple interrelated issues, such as sovereignty, ideology, security, self-determination, etc.
The presence of multiple issues can complicate the negotiation process, as finding mutually acceptable solutions becomes more challenging. Mediators must navigate these complex issues and facilitate dialogue that goes beyond zero-sum perceptions, where each party perceives their gains as the other party’s losses. Reframing zero-sum perceptions + fostering a cooperative mindset among the parties is crucial for enhancing the tractability of dispute and open the door for creative and mutually beneficial solutions.
Performance
various elements contributing to effectiveness of mediaton.
2 important aspects are involvement and action
Ad hoc arrangements (mediation involvement)
mediation is established on a case-by-case basis as conflicts arise
voluntary process (mediation involvement)
parties willingly participate, recognizing potential benefits
non-coercive
parties are not forced or compelled to participate against thehir will.
Mediator role of ZOPA),
which refers to the range of potential outcomes that are acceptable to both parties.
Mediators work to identify common ground, bridge gaps, and explore creative solutions that enlarge the ZOPA, increasing the likelihood of finding a mutually
agreeable resolutionn
Mediation role for Information exchange
Mediators facilitate open and
constructive communication between the parties, ensuring that all relevant information and perspectives are shared. This exchange of information helps parties better understand each other’s interests, concerns, and underlying needs, fostering a more informed and empathetic negotiation process
Implementation (vital aspect of performance mediation)
Once an agreement is reached,
mediators support the parties in translating the agreed-upon terms into action. They help develop implementation plans, monitor progress, and address any challenges or obstacles that may arise during the implementation phase. This focus on implementation ensures that the agreed-upon solution is effectively put into practice, increasing the chances of sustainable peace
mediators provide political cover
By creating a safe and neutral space
for negotiation, mediators allow parties to engage in open and honest dialogue without fear of negative repercussions. This political cover shields the parties from potential backlash or criticism, enabling them to explore mutually beneficial options more freely
Is mediator credible?
It hinges on the perceptions of the disputing parties regarding the mediator’s believability and their confidence in the mediator’s ability to deliver on the proposed offer.
- Whether disputants find mediators OFFER believable.
- mediator should be perceived as genuine, unbiased and reflective of parties interests and concerns - disputants assessment of mediators CAPABILITY TO DELIVER proposed offer.
– necessary influence, aurhority, resources - assessment of mediators REPUTATION
- past experiences + outcomes shape disputants perception of trustwortiness, and influences willingness to engage in mediation
Implementation phase
a critical phase that follows the signing of a peace agreement, transitioning from peacemaking to peacebuilding. Peace agreements, much like laws, (auteur: Fortna)
outline the guiding principles for achieving sustainable peace but often lack specific rules and details. As a result, the actual implementation of these agreements becomes the challenging part.
process of implementing peace agreement
Translating the broad principles outlined into the agreement into concrete actions on the ground. Complex and multifaceted.
Why implementation is challenging
prone to difficulties and setbacks.
* parties may find it tempting to evade their responsibilities by blaming the other side for lack of progress or compliance
- absense of explicit rules + specifics within peace agreements.
The broad nature of the agreement leaves room for interpretation and differing expectations regarding its implementation.
–> can lead to disagreement and delays. - requires cooperation + commitment of all parties involved.
-> cycle of blame + finger-ponting, jeopardizing peacebuilding efforts.
Post-agreement dynamic
After signing Peace agreement, its possible not much changed on the ground.
threats/power dynamics:
* inequalities of power
* uncertainties + lack of trust
* spoilers and violence
* needs and dissatisfaction of constituents (citizens)
* Treachery within ranks
* institutionalized hatred + polarized identities
Spoilers
Certain individuals, factions, or external actors may have vested interests in derailing agreement and resorting to violence or disruptive action.
Needs and dissatisfaction of constituents
can create additional pressure on the
peace process. If the peace agreement fails to address the underlying grievances or fulfill the
expectations of the people affected by the conflict, it can lead to frustration and further instability.
This dissatisfaction can fuel renewed tensions and hinder the progress towards sustainable peace
Treachery within ranks
such as factionalism or internal power struggles, may undermine unity + cooperation,
making it difficult to move forward with the implementation.
Strong pressure to default on commitments made in peace agreement
inherent complexities of implementing agreement, coupled with internal and external challenges may lead to parties to backtrack on promises. This defaulting behaviour can undermine trust and hinder progress towards sustainable peace.
Key Actions of Implementation !
- Power Sharing
- Demilitarization (decommissioning)
- Reforms
- Keeping to the Schedule
Succesful implementation of Peace agreement
requires specific actions aimed at consolidating peace and addressing the root causes of the conflict.
key action 1 Implementation: Power sharing
Facilitating mechanism for power-sharing among different parties or groups involved in the conflict.
This can involve the allocation of political positions, resources, and decision-making authority to ensure equitable representation and participation
key action 2 Implementation: Demilitarization (decomissioning)
Disarming + demobilizing combatants, dismantling armed groups, and reintegrating former combatants into civilian life.
This process helps to reduce the likelihood of violence and create a more secure environment.
key action 3 Implementation: Reforms
implementing reforms across various sectors to address the underlying causes of the conflict and promote sustainable development
- security sector reforms
- judicial reforms
- social reforms
- economic reforms
Social sector reforms (vooral begrijpen
Restructuring and professionalizing security forces, including policy and military ,
to ensure thier accountability, effectiveness, and adherence to human right standards
Judicial reforms
Enhancing the indpendence, efficiency, and accesibility o fthe judicial system to provide fair and impartial justice.
This can involve training and capacity-building for judges, lawyers, and legal institutions
Social reforms
investing in social sectors such as healthcare and education to address social inequalities, provide essential services to communities, and promote inclusive development.
Economic Reforms
Promoting economic growth, job creation, and poverty reduction through policies that address economic disparities, encourage sustainable livelihoods, and promote economic opportunities for all.
key action 4 Implementation: Keeping the Schedule
Adhering to the agreed timeline and milestones outlined in peace agreement.
Timely implementaiton is crucial to build confidence, maintain momentum, and demonstrate commitment of all parties.
Building Momentum
Fostering a positive and constructive atmosphere for peacebuilding.
This involves continuous dialogue, engagement, and trust-building among all stakeholders.
Building momentum includes encouraging the participation of civil society, promoting reconciliation efforts, and addressing the needs and aspirations of affected communities.
Putting out fires
Responding promptly + effectively to emerging challenges, disputes, or conflicts that may arose during implementation process.
Requires proactive emastures,
-to prevent escalation, mediate conflicts, and adress grievances.
4 Common factors contributing to implementation Failure
- by choice
- lack of resources
- focusing on long-term issues
- Failure to manage small catastrophes
Third party roles peace agreement
- holding parties to their word
- Marshalling resources
- Nurturing the moderate middle
- putting out fires everywhere
Spoilers within conflict resolution ( Implementation peace agreements)
individuals or groups that intentionally disrupt peace processes and implementation of agreemetns.
tactics like: violence, propaganda, non-compliance, police obstruction, and economic interference to undermine stability and maintain their own interests.
Countering spoilers is crucial for succesful conflict resolution.
Stages mediation process
including bringing parties to the table,
signing an agreement, and ensuring its implementation,
