1. Ir312 Diplomacy Diplomacy and Mediation
Dr. Jared O. Bell, Assistant Professor of International Relations and Public Administration
Faculty of Business and Administration
International University of Sarajevo

2. Announcements No Class Monday January 2, 2017
Papers due January 9, 2017

3. What did learn about negotiation?
What did we learn about negotiation in last weeks simulation?

4. What is Mediation?
What is mediation?

5. Mediation is..
 is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques.

6. When and where is mediation used?
Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters.

7. How Does Mediation Different From Negotiation?
Mediation differs from negotiation in the fact that mediation involves a third party negotiating on behalf of both parties to reach a settlement over a dispute versus in negotiation where you have two sides in dispute negotiating on their own.

8. How Does Mediation Different From Negotiation? (Cont.)
The term "mediation" broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that "ordinary" negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary.
The mediator acts as a neutral third party and facilitates rather than directs the process. Mediation is becoming a more peaceful and internationally accepted solution in order to end conflict. Mediation can be used to resolve disputes of any magnitude.

9. What then is International Mediation?
What do you think International Mediation is?

10. International Mediation
International Mediation is understood here as negotiations conducted with a third party’s help when the parties have difficulty negotiating directly—is widely used in the settlement of civil wars Mediators may be states, the UN, other IGOs, local or international NGOs, religious organizations, eminent individuals acting on their own, or a combination of such actors such as Jimmy Carter, Martti Ahtisaari, or Nelson Mandela.
While the “mediator” is more often a large entity than an individual, there is still usually one key person—such as a head of state or a special representative to the secretary general—who chairs the plenary sessions and heads the mediation team.
Example: UN Secretary General Kofi Annan attempting to mediate the Syrian civil war and former Senator George Mitchell serving as mediator in Northern Ireland.

11. Progress of International Mediation
While we have not seen the establishment of a corps of professional international mediators to help resolve violent conflicts as has happened in the domestic dispute resolution field, that may be emerging.
The UN created the Mediation Support Unit in 2006, followed by the Standby Team of Mediation Experts in in an effort to move away from reliance on sporadic, ad hoc mediation effort.

12. Progress of International Mediation (Cont.)
We have seen the development of NGOs such as the Geneva-based Centre for Humanitarian Dialogue and the London-based Conciliation Resources, which conduct and disseminate research on peacemaking and peace building and occasionally serve as mediators.
One possible model could entail a prominent individual or appointed representative serving as lead mediator—bringing with him or her the name recognition and credibility based on individual clout or that of his or her organization—but with confl ict resolution experts as consultants or staff.

13. Obstacles for Multitple Mediators
Increasingly there are multiple entities vying to mediate in violent conflicts or different mediators over time in a single conflict. This can be problematic, leading to competition, rivalry, and muddled chains of command among mediators and possible forum shopping among parties.

14. Advantages of Multiple Mediators
Another conflict resolution method involves multiple states or IGOs helping to mediate: a contact group or a “friends of ” group, which are “informal mini-coalitions that provide support for resolving conflicts and implementing peace agreements”. This helps achieve a unified international voice on the need for peaceful resolution.
Example, in the 1990–1996 peace process to end the Guatemala civil war, a group of “friends” formed, including Colombia, Mexico, Norway, Spain, the United States, and Venezuela, to support the peace process. They collectively persuaded the conflict parties to negotiate toward an eventual agreement.

15. Mediator Neutrality
It is generally agreed that mediators of international conflicts are not expected to be neutral, in contrast with some domestic mediation contexts); indeed, some argue that biased mediators are actually more effective because their close relationship to one side may make them more credible transmitters of information.

16. Mediator (Neutrality)
A mediator ’s close relationship with one party may be helpful for leverage—in particular, government- biased mediators seem more likely to convince governments to make substantial concessions. There is evidence that biased mediators may produce higher-quality outcomes because they are less interested in agreement for its own sake and more interested in substantive political changes tied to more durable peace and democracy).

17. When is a good time to engage in mediation?
Mediation must take place at an optimal or ripe moment. Early mediation may be premature and late mediation may face too many obstacles. A ripe moment describes a phase in the life cycle of the conflict where the parties feel exhausted and hurt, or where they may not wish to countenance any further losses and are prepared to commit to a settlement, or at least believe one to be possible.

18. When is a good time to engage in mediation?
In destructive and escalating conflicts, mediation can have any chance of success only if it can capture a particular moment when the adversaries, for a variety of reasons, appear most amenable to change. Timing of intervention in an intractable conflict is an issue of crucial importance, and one that must be properly assessed by any would be mediator.

19. Approaches to International Mediation
More controversial than the issue of mediator neutrality is that of the style of mediation. Research on the forms of mediation in violent conflicts has generally used a typology of three styles: communicative (or facilitative), formulative, and manipulative.

20. Communicative (Facilitative) Approach
The communicative approach emphasizes improving communication between the parties— clarifying and transmitting messages and developing rapport with both sides.

21. Formulative Approach
The formulative approach is more assertive both procedurally and substantively: establishing protocols, structuring the agenda, helping parties save face, and making substantive proposals.

22. The Manipulative Approach
The manipulative approach is the most directive of all and may involve making threats or offering rewards to the parties and thus altering the payoffs of different outcomes. Research has generally shown formulative and manipulative mediation to be more successful in reaching agreement but facilitative styles more successful in calming tensions and reducing the chances of a future confl ict or crisis.

23. Mediation and Some Potential Challenges
Mediation may not be a cure all for a conflict situation.
Sometimes external mediators may not be able to control the obstacles within a particular conflict situation.
The Process has to be owned by those who are in conflict.
Sometimes, if not planned right mediation and prepared for properly mediation may not be very successful.