Mediation As A Means Of Official Diplomacy And Its Main Features

These mediation proceedings are not conducted under oath, do not follow traditional rules of evidence and are not limited to developing the facts. Mediators are expected to draw out the parties' perceptions and feelings about the events that have brought them into conflict. It also encourages parties to acknowledge

A special research field in the mediation literature intends to shed light on the question, how influential the impact of mediator’s characteristics and motivations on the mediation process is. Concerning the state of research, the studies of this debate show a divergent picture. There are scientists who have queried the significance of mediator’s impartiality (Bercovitch/Houston 1996; Kydd 2003, Touval 1982; Zartmann/Touval 1996). Scholars like Saadia Touval have underpinned that mediators are often biased and can perform their tasks just as well if not better as impartial mediators. Additionally, Touval and Zartmann stated in their study that mediation is an exercise in power politics: “leverage is the ticket to mediation” (Touval/Zartmann 1989: 129). In 2003, Kydd finds that mediators use their leverage to one of the two conflicting parties and therefore constraint concessions. Thus, the mediator must be biased to be effective. This means that merely a mediator who is biased towards one side can credibility tell them that the opponent will not make peace without the concession. Carnevale and Arad (1996) also remarked the importance of bias. Nevertheless, they suggest that impartiality should not be underestimated and therefore be taken in to consideration.

Each of them may adopt behavior that ranges from the very passive,through facilitative to the highly active.The form and character mediation in a particular international conflict are determined by the context of both the international system and the conflict itself,the issues,the parties involved,and the identity of the mediator.The important of this reciprocal influence can hardly be overemphasized (Berovitch , ,p.133)

A mediator has no legal authority to impose a settlement on the parties thus functions more as an invited guest who can be required to leave if one or both bargaining parties no longer desire the mediators continued involvement in the bargaining process (Holley, Jennings, & Wolters, 2012). A mediator 's primary function is to identify issues, explore possible bases for agreement, discuss the consequences of reaching impasse, and encourage each party to accommodate the interests of other parties through negotiation. However, unlike arbitrators, mediators lack

“A mediator is a third party who assists interested parties in negotiating a conflict. A mediator controls the mediation process but does not have authority to decide the outcome for the parties” (Barsky, 2007). A mediator, in a given situation, helps to dissolve the conflict and looks to the best interest

Mediators are neutral and harbor no invested interest in the conflict or with any of the parties involved. The recommendations made by the mediator is not binding unless all parties agree to the settlement. Going into mediation allows the people engaged in an on-going conflict to reach a mutual agreement, settling their differences instead of participating in lengthy and expensive court proceedings.

It is also important to note the contribution of Bush & Folger (2005), that, “A Mediator is someone who intervenes to help when people are in the midst of conflict.” P. 15.

After we have spent the first week of January together for our Transcending Conflict class, we leave the session wondering what type of qualities and characteristics it takes to be a successful mediator and peacemaker during these modern times. It is known that our Western culture is extremely “settlement driven” in terms of the mediation and dispute resolution process. We focus on the substantive issue of a conflict, and we hope to reach a mutually beneficial agreement that is “easy” and “quick.” As Americans, we usually do not get much credit, if any at all, about our ability to focus on other people through “compassion, strength, and common humanity.”

This is a state-of-the-art book on conflict management and negotiation by well known negotiator and mediator William L. Ury, an American National, who is world 's leading negotiation expert, he has mediated situations ranging from corporate arena to wildcat strikes, and from family disputes to ethnic wars in the Middle East, the Balkans, N. Ireland and many other places. He has also worked on the problem of how to prevent

mediation is a give and take between the two parties until both reach a settlement that they find

In this dialogue, character two does not meet the challenge of argument. Character two partially denies the claims and premises made by character one, but only provides personal beliefs as a counterargument. Character two explains their thoughts on the United States being the one country capable of pressuring both parties as a mediator and what the most essential quality a mediator must have. Character one’s argument is that mediators should be completely neutral between two parties in dispute. Character one uses a sub argument explaining the unfairness of the event in which the mediator is in favor of either side of the party beforehand. Character two provides a partial response and

Throughout the years there has been many definitions of mediation. Nevertheless one the most acceptable definition of mediation refers to this procedure as a “…process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions…” . They also described mediators as the third party assisting the participants in reaching their decision. This process should form a part of the pre-trial civil litigation process as its advantages on the legal system and the community outweigh its disadvantages. The distinguishing models of mediation make it a suitable approach for all or most civil cases.

Consider how an imbalance between 'high power' and 'low power' parties might shape a negotiation process. How might an experienced mediator deal with this problem? Provide practical examples where appropriate.

According to Shachar (2014), confidence must be built between the two conflicting parties and the mediator. A close relationship should also be made and education is secured to the opposing sides in order to understand the mediation process. Disputants should be aware of the conflict goals, level of conflict escalation, mediation style, and the expected outcomes. This ensures the data collected determines the level of conflict and stage of mediation required. Miscommunication and unrealistic evidence should be discarded from the mediating table. According to Noll (2001), the development of mediation plan should follow the correct procedural steps depending on the type and level of the

In the beginning, When god sent Prophet Mohammed (May Allah be upon him) to people, God asked him to invite people to inter Islam without any forcing. Being a Muslim means to be like one body and not hating each other. As Muslim a Human being in their natural, they should have some dispute between each other so Islam did not ignore that but talked about it and put many ways to resolve it depending on the state of the dispute and the parties. Negotiation, mediation, arbitration, and court were ways of resolving the disputes in Islam and Prophet Mohammed (May Allah be upon him) was involving in all of these ways, but this paper will about mediation in Islam since Prophet Mohammed has been sent until nowadays.