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Mediation of International Conflicts Prof. John Barkai William S. Richardson School of Law University of Hawaii. Conflict is inevitable but combat is not. GETTING TO YES People ▐ Problem Interests not Positions Invent Options Objective Criteria BATNA . Shark. What you can’t see.

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Mediationof International ConflictsProf. John BarkaiWilliam S. Richardson School of LawUniversity of Hawaii
slide2

Conflict is inevitable

but

combat is not

slide3

GETTING TO YES

People ▐ Problem

Interests not Positions

Invent Options

Objective Criteria

BATNA

slide5

Shark

What you can’t see

slide7

International Crisis Mediation

Case Studies

Africa

Asia

Caribbean

Europe

Latin America

South America

slide8

Small, medium, and large States/Counties

- United States, Zambia, Argentina, Brazil, Chile, Australia, Soviet Union, Zaire, Saudi Arabia, Congo, Libya, Nigeria, United Kingdom, Algeria, Sudan, Somalia, Ethiopia, Mali, Iran, Iraq, Turkey, Germany, Turkey’s, Venezuela

International and regional organizations

- United Nations, League of Nations, Arab League, Organization of American States, African Union, Organization of African Unity, Economic Community of West African States, NGOs

Unofficial individuals – Global diplomats

- The Pope, former US President Jimmy Carter

study 1 commercial and labor mediation how do you account for your success as a mediator
Study 1 (commercial and labor mediation)"How do you account for your success as a mediator? “

75% said:

Ability to develop rapport with the disputing parties

Develop a relationship of understanding, empathy, and trust

slide10

Mediation Styles in International Crises

Facilitation – does not offer suggestions

Formulation – offers opinions

Evaluation proposes solutions

Clout (manipulation)– solutions, (carrots & sticks)

external rewards & punishment

facilitative style

Facilitative Style

May contact with parties

Gain the trust and confidence of the parties

Arrange for interactions between the parties

Identify underlying issues and interests

Clarify the situation

Supply missing information

Transmit messages between parties

Fact findingOffer positive evaluations

Allow the interests of all parties to be discussed

Control the pace informality of the meetings

Ensure the privacy of mediation

Highlight common interests

Control timing

Help parties save face

evaluative style

Evaluative Style

Offer positive evaluations

Help devise a framework for typical outcome

Make substantive suggestions and proposals

Suggest concessions parties could make

clout style

Clout Style

Offer positive evaluations

Help devise a framework for typical outcome

Make substantive suggestions and proposals

Suggest concessions parties could make

Keep parties at the table

Make parties aware of the costs of non- agreement

Supply and filter information

Press the parties to show flexibility

Change parties' expectations

Take responsibility for concessions

Help negotiators to undo a commitment

Reward concessions made by parties

Promise resources

Threaten withdrawal of resources

Offer to verify compliance with the agreement

Add incentives

Threatened punishments

Threatened to withdraw mediation

slide14

Asian

Model of mediation

Joel Lee and Teh Hwee Hwee,

slide16

Asian

Model of mediation

Directive (Evaluative)

High context communication

Collectivist Orientation

Concern for Face

Power Distance / status / hierarchy

Confucianism

slide17

Thai and U.S Community Mediation

Ronda Callister & James Wall, Journal of Conflict Resolution, 48 (4): 573-598 (2004)

Compared 111 Thai and 111 U.S. community mediators

Thai mediators

are more likely to be assertive

they put disputants together (joint session)

demand concessions

criticize disputants

and threaten them more frequently

than do U.S. mediators.

Thai mediators more frequently seek harmony

by asking disputants to forgive each other

and to apologize.

thai mediators techniques
Thai Mediators’ Techniques

More frequently

- uses joint sessions

- calls for apologies to the opponent

- talks about interdependencies

- emphasizes the cost of the dispute to 3rd parties (children, family, community) rather than effect on relationship with each other

Less likely

- to call for empathy for other

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PRACTICE MEDIATOR LINES

FORUM PHASE - DEALING WITH THE PAST AND THE PRESENT

Can we agree that as a ground rule, we will ...

Remember, you both agreed not interrupt..

Tell me more about that.

When did this happen?

So what you are saying is ...

Wait. Let me be sure I understand correctly. You're saying ...

So, as far as you are concerned ...

What else is important?

Could you say more about that?

How do you feel about what happened?

What do you mean by that?

Is there anything else you want to add?

Let's move to the issue of ...

Can you tell me more about ...?

What additional information do you have on that?

Of all that you have talked about, what is most important to you now?

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NEGOTIATION PHASE - DEALING WITH THE FUTURE

What could X do to help you solve this problem?"

What can you do to help solve this problem?

Do you have any other ideas for solving this problem?

What do you think will happen if you can't negotiate a solution?

How do you want things to be between the two of you?

Is what you are talking about now helpful in reaching a solution?

Put yourself in Mr./Ms. X's shoes. How do you think they feel right now.

What do you have in mind on that topic?

If X were to do A, what would you be willing to do?

What I hear you saying is that you might be willing to ...

You both seem to agree that ...

Do you agree with the solution that we are talking about?

What you are talking about sounds like it might work. What will happen if ...

MUCH LATER - MEDIATOR SUGGESTIONS:

How would you feel about ...

What would happen if you tried ...

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MEDIATORS FIND SOLUTIONS

by

HELPING PARTIES NEGOTIATE

Uncover Interests

Prioritize Interests

Brainstorm Options

"What could they do...?"

"What could you do...?"

slide25

Establish criteria

Create Doubts

Review the Relationship

Engage in contingent Bargaining

"If they were to , what could you do?"

"For you to , what would you expect them to do?"

Narrow the differences

Save Face

Emphasize Progress

slide26

Engage in Reality Testing: BATNA

Stress the Consequences of No Agreement

Find External Standards & Sources

Cheerleader for settlement

And, as a last resort:

Mediator suggests MULTIPLE options