MENDING FENCES: MEDIATION IN
NEIGHBOURHOOD CONFLICTS AND SUGGESTIONS
FOR PAKISTAN

BY: MUNIZEH ZUBERI

Neighbor mediation is a way of resolving disputes between those who live in the same locality or neighbourhood. Through the mediation process, neighbours get a clearer picture of their interests and the interests of their fellow neighbours, so that they can look at ways to improve the situation and reach agreements that everyone is happy with. Sometimes you need that third voice. In Pakistan the problem of neighbourhood disputes is growing which often leads to violence and bad behaviour. Neighbour mediation is often the best option when:
• you need to stay on good terms because you're living near to each other
• it is in both your interests to sort things out
• the dispute is becoming a strain on both of you
• calling in the authorities or going to court may make the problem worse and cost a lot of money and heartache.

Neighbourhood Mediation can assist you with problems such as:
• Noisy neighbours;
• Smoke;
• Boundary fence disputes;
• Overgrown trees;
• Garbage disposal;
• Harassment, abuse or threats;
• Community group disputes;
• Anti-social behaviour;
• Parking;
• Landlord/tenant disputes.

A successful mediation process can help parties to:
• improve communications
• define issues and concerns
• clarify viewpoints, interests and positions
• generate options and alternatives for resolving problems
• reach general understandings
• develop a settlement agreement that:
• is practical / realistic / workable to implement
• meets the needs of all parties
• is durable over time
• improve relationships reduce the time and cost associated with resolving disputes

HOW MEDIATION CAN WORK IN PAKISTAN
Mediation is a voluntary process. In the developed societies of the West mediation is a well-known option in resolving disputes, but in Pakistan it is yet to be discovered. I will outline how mediation can work in Pakistani neighbourhoods if mediation services are setup.
1. When you find yourself in a bothersome conflict, you can contact your local mediation program to talk with a mediator. The mediator will ask you about your situation, your concerns, and about the other person(s). As an impartial, neutral person, the mediator will help you understand your interests and your options. They'll send you written information on solving neighborhood problems, and you may feel that you can work on the resolution yourself without further assistance from the mediation program.
2. If the problem seems too big or you want further assistance, the mediator can, with your permission, call the other person with whom you have a conflict. The mediator talks with your neighbor, again as a neutral person, to understand that person's concerns around the situation. If both parties recognise that the problem needs to be resolved, and agree to a joint meeting, the mediation's chances of success are high. Through the mediator's conversation with you and your neighbor, and through the program's information, you may get what you need to work out the solution yourselves.
3. Joint meetings usually take place on neutral ground, and the mediators ensure that everyone has a chance to put their side of the story without interruption. Those involved are encouraged to think up solutions to their difficulties, and the mediators help them to explore the suggestions that are made. During this session the mediators will ask each of you about what happened, how you were affected, and what's most important, in order to help clear up misunderstandings and improve communications. Then you'll be asked to do some creative problem-solving, look at possible options, and come to an agreement that you both feel you can accept and agree to. When the parties find a solution, which they all feel happy with, they are asked to sign an agreement remind them what was agreed. This is not a legal contract but allows the parties to focus on what has been decided and what individual responsibilities have been agreed on. The parties' legal rights are not affected at any time and they are free to pursue a legal course of action if they so wish.

QUESTIONS PEOPLE MAY HAVE...
"But my neighbors are impossible. Can mediation do any good for us?" Many people will come to mediation as a last resort, feeling frustrated by the situation. With the help of a professional neutral third party the chances of resolving a conflict are far greater than otherwise.
"What mediation is not?" The specific purpose of the service is to mediate between two people and facilitate a resolution to their dispute. The mediators do not make decisions for the people involved, they will not cross-examine to determine guilt and they do not provide counseling or legal advice.
"What if my neighbour doesn't keep the agreement?" Before the agreement is written, the mediators will try to make sure it can realistically be kept. But if it breaks down at any time, the mediation program can help you think of other solutions.
CITATIONS
Mediation: Resolving Conflicts Cooperatively
http://www.execulink.com/~maceve/mediation.html
Conflict Resolution Service
http://basic1.easily.co.uk/05505C/05E03F/neighbours.html
Mediation and Arbitration Practice
http://www.normanpickell.com/ADR-C.htm
When Disputes Arise
http://www.torontoartscape.on.ca/main/680.squarefeetchapter10.htm
National Association For Community Mediation
http://www.nafcm.org/pg5.cfm#N
Neighborhood Mediation
http://www.mediate.com/articles/hood.cfm
Face to Face
http://www.yorec.org.uk/yorec/support/ftf01/dos.htm

PREPARED BY: MUNIZEH ZUBERI
CLASS OF CONFLICT RESOLUTION AND
CRISIS MANAGEMENT
B.A. (HONS) IIIRD YEAR, 2003

All content (C) Department of International Relations, Karachi University

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