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Mediator smediation and location of mediation not considered neutral Mediator s considered as partner in the effort to instil peace and order Some Theoretical Considerations In this section of the paper, I highlight the transformative paradigm of mediation in which Bush and Folger and Lederach aim to empower disputants by allowing them to take charge of the resolution process and focus the discussion on two aspects of mediation theory.
These are mediation determinants and the outcome critique of mediation. But first, let us consider the transformative approach to mediation. Folger asserts that third-parties co-create conflict interaction with the parties to a dispute, and that the discourse of mediation practice is driven by different ideologies, namely, the individualistic ideology social separation and containmentorganic ideology social community and conflict containmentand the relational ideology which emphasises social connection and conflict transformation.
In this connection, Folger also contends that the purpose of a third party drives the practice of that third party because, as he argues, the moves and interventions by mediators are never ideologically neutral.
In explaining the transformative approach to mediation, Bush and Folger These authors consider the transformative approach as incorporating the ability to empower the individual disputant with self-respect and confidence. The idea is that because the process is informative and educational, inner change within the individual disputant can be very beneficial to the disputing individuals when they deal with conflict in the long term.
Mediation Determinants In their discussion of the determinants of mediation, Wall, Stark and Standifer observe that two processes must mesh for mediation to occur. First, the interacting or disputing parties must request or permit a third party to mediate; second, the third party must agree to mediate.
The literature on the practices in different nations and societies indicates that two factors, norms and expected benefits, shape these two interdependent processes. Some of these norms are frequently imbedded in the culture while disputants also seek third-party intervention or assistance because they expect that this assistance will produce various benefits.
To evaluate the benefits of third-party assistance, the disputants often compare the outcomes of the mediated interaction with those of the alternative Wall et al Silverfor example, states that disputants might realise that the mediator possesses some expertise on the problem and seeks to use his or her expertise.
The mediation class examines the dynamics, benefits, constraints, and skills related to third-party intervention in the resolution of legal disputes. The course explores mediation as a collaborative process of resolving conflict; the legislative, ethical, and practical constraints on its use; as well as the skills needed to serve in a mediation capacity. Two common forms of third-party intervention are arbitration and mediation. In arbitration, the third party listens to both sides and then renders a decision, which can be either binding or advisory. Most mediation consists of third-party assistance with negotiation. Kelman, H.C., International Conflict and Conflict Resolution Research. While the research on managerial third party intervention recommends that managers use a mode of intervention that allows disputants to maintain control of decisions, or mediation, it simultaneously concludes that these models are difficult for managers to follow within the .
Other scholars have examined mediation determinants from the perspectives of different cultures. Tuso also has the same consideration of many traditional African societies. An explanation for this action is that the disputants in these cultures have repeatedly observed disagreements being handled by third parties, and they know that their societies sanction this approach Ohbuchi In many repressive cultures and situations, mediation can be imposed on the parties and particularly on the weaker party as a means of enhancing the agenda of the powerful.
The Mbindia enthronement conflict in Cameroon is one of these situations where mediation may be used to promote the agenda of the powerful. In the governance system inherited from French colonial traditions, a group of civil servants serves the Central Administration as administrators and are placed in all administrative units of the country.
From independence inCameroon Republic has mainly been a one-party dictatorship. Public administrators such as Governors and Prefets are appointed by Presidential Decree and posted to work in different regions or provinces, administrative divisions and districts.
It is in this context that administrative mediation in Cameroon can be considered as ideology-driven. It may be recalled that imposed mediation outcomes are generally not durable. In such cases the conflict is merely contained.
There are many instances where conflict has persisted or remained intractable after intervention because third-party interveners tended to decide what the conflict was and to direct settlement terms.
Some examples that support this viewpoint are the conflicts between the Greeks and Turkish Cypriots in Cyprus, the Catholics and Protestants in Northern Ireland, the Southern Cameroons Question in Cameroon, and, in this case study, the Mbindia enthronement conflict.
Some of these cases that play out in conflicts, both at the international and local levels, reinforce the argument advanced by Bush and Folger Administrative or ideology-driven mediation in Cameroon has a history in the governance policy of the country.
In this context, the concepts of peace and order are not premised on the presence of justice, or the freedom for people to seek third-party help in their own interest, or to seek justice through the methods of their choice. Instead, concepts of peace and order are used as weapons to contain the people and maintain a grip on them in such a way that the people do not complain or agitate.
Day-Vines et al and Tabish and Orell have worked on this type of mediation that is mediator-focused and used to maintain peace and decrease violence in schools. In the cases reported in their research, as in Cameroon, the mediator simply brings some form of pressure to bear on some of the parties.
Wall, Stark and Standifer In my view, this method of third-party intervention is containing a conflict rather than seeking to resolve it. The government of Cameroon has intervened in a number of cases using this method.
The succession conflict over the Mokunda throne of the Endeleys in Buea7 in and the Mbindia crisis of are two cases in point. This summary raises the question of mediation outcomes. The principal focus in this paper is different.
The focus is rather on the outcome of mediation for the disputants.
This position corresponds to the current work on mediation outcomes to the parties and the mediators Wall et al Disadvantages of a mediator: Some groups feel that involving a third party makes the dispute too public, and are hesitant about becoming involved.
Powerful stakeholders, in particular, may also strongly resist the intervention of a third party or mediator. Transfornative Mediation and Third-Party Intervention ties are encouraged to see any of these as positive outcomes and important accomplishments of the process, as significant as specific terms of agreement or action plans that may be reached.
Advantages And Disadvantages Of Mediation ADR Negotiation: is a bilateral dispute resolution process, is created to facilitate discussion between the parties. No third party is involved in negotiation. This web site provides links to other sites and information, however, these links are not intended as constituting an endorsement, sponsorship, or recommendation of the third party information, products or services found there.
Third-party intervention in ethnic conflict ethnic group may dominate the policy-making process at the national level and be challenged by groups from either within or other states. in Negotiation, Mediation/Third Party Intervention, or Family Mediation.
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