ROLE
OF MEDIATOR IN CONFLICT PREVENTION
BY: SYED SHER ABBAS*
Mediation is an activity of engaging oneself in certain activities of
bringing
two disputant parties closer together for an agreement. Mediation started
from the Greek city state .first it was used in trade commerce but later
on it was used in politics as well. It is and old technique but it has
been recognized as an official technique after 1945. Mediation has no
legal status; it is simple, flexible and informal.
Mediation is an ongoing activity in which mediator deals with conflicting
parties in such a manner that the capabilities of distraction are prevented
to escalate. Mediator is a facilitator who seeks to establish or restore
communication between the parties .In this process the nature of issue
should be clarified so that the mediator can reach a situation for purposeful
dialogue with and between the parties. Status quo is unacceptable and
things can be allowed to continue until a particular issue is settled
down. Mediation is a process by which a third party seeks to help person
involved in a dispute come to a mutual satisfactory resolution of their
conflict.
Mediator should have some key characteristics viz:
- Mediator’s role is to facilitate negotiations between conflicting
parties.
- Mediator should be neutral and avoid taking sides in attempting to
move the parties toward agreement.
- Mediator should guide the negotiations and decision will be in the
hands of disputants.
- What is going on in mediation is not expected to be shared with others.
- Mediator Session should be conducted in a private place and there
won’t be official record of what is discussed. Mediator should
have no past relations with the disputants.
- Mediator should be persistent and cool minded, and should not have
a personal agenda.
- Mediator provides clear communication facilities, so mediator helps
the parties talk to one another clearly about their differences.
The above-mentioned characteristics should have a mediator otherwise
process may not be fruitful.
Mediation is less likely to show success with complex issues than it
is with simple issues. When hostilities developed to high degree mediation
does not seem to be successful. We saw in Jimmy Carter’s activities
in Camp David in 1978 a very intense conflicts can be mediated .we can
also see how much difficulties in the task of mediation can be. Conflict
intensity and complexity are key factors, which directly effects on
the mediators capabilities.
When we show interest in actions that aim to reduce the number and scale
of armed conflict by finding solution at any earlier stage these ambitions
are known as conflict prevention. Conflict prevention aims to reduce
or eliminate violence in a conflict not necessarily to eliminate the
conflict. It includes constructive actions taken by third party to avoid
the likely threads. Prevention actions are not actions done by the parties
themselves to scale down the conflict, but rather those of third party.
Preventive diplomacy after the cold war is one coming from the outside,
buildings on the goals such as those expressed in the international
community. It serves to reduce tension in a conflict and push the parties
in to a negotiating solution. To be effective it has to be credible
by not benefiting one or the other fighting parties. Our history is
full of examples of crises that may expect to become serious but they
were prevented. In Cuban missile crises there are successful management
of tension among major powers. There was a severe tension between Russia
and Ukraine over the division of black sea fleet in early 1990s. This
was solved among the parties with minimal outside involument.
Conclusion
Mediator plays an important role in conflict prevention. Mediator should
understand and analyze the conflict in such a manner that mediator would
know or can find out the hidden interest of the conflictual parties. As
a means of conflict prevention, mediation is becoming popular nowadays.
People want to handle their disputes with less confrontational ways and
success of mediator is producing of an agreement between the conflicting
parties. And such result would be expected when parties would show flexible
mood and the capabilities of mediator also plays important role in conflict
prevention.
* M.A (Previous) Second Semester, 2006
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