PRINCIPLES OF MEDIATION

Mediation can also be called facilitated negotiation because it involves a third party. The third party is not a judge but just to facilitate the negotiation of the peace process. The facilitator helps them discuss their problems and allow them come up with an agreement or solution which can never be imposed by the mediator/facilitator. It is a win-win approach to conflict resolution. The Mediator has the ability to help parties draft the terms of agreement and this agreement must reflect the needs and aspirations of the parties to the conflict. Mediation is useful only when the parties to the conflict really desire a resolution of the problem, or at least a positive change of the difficult circumstances in which they find themselves. In mediation, there are some basic principles guiding the conduct of both the mediator and the parties involved which are neutrality, impartiality, confidentiality, voluntary, and Empowerment. They are discussed as follows:

Neutrality

This is the quality of indifference or being unengaged in supporting a party. The mediator must also be seen to be neutral to earn the trust of parties to a conflict. Although, it is not necessarily possible that the mediator will be totally neutral given the human nature that is evident such as emotions, feelings and sometimes bias. The big question is how can a mediator act so that he/she does not easily fall into these temptations? It can only be handled based on experience, skills, and professionalism. We must remember the fact that if one party disagrees or all of the parties disagree, then mediation has failed.

Impartiality

It is an outward display of one who is not neutral. Normally, impartiality is based on the knowledge of the parties as regards the parties’ tribe, ethnicity or religion. Mediators tend to be universal or global and can even be likened to a chameleon in terms of adaptability to situations. This is the reason why it is only the matured minds that can carry out mediation. In asymmetric relationship which involves unequal personalities having a conflict case, a mediator should be able to balance this inequality through his competence, skills and knowledge. Sometimes, co-coursing is allowed where the mediator would have to discuss with each party separately and do a lot of counseling before mediation continues.

Confidentiality

It is the core of mediation because the process itself is a trust building process and for the parties to trust the mediator, he/she must demonstrate confidentiality. The question is that is it possible for a mediator to apply a full dose of confidentiality? For example, a case involving a woman; will she not discuss it with her husband? Even among mediators of different cases, they may relate on personal grounds but not discuss the cases they are handling. Doing this distorts the ethics of confidentiality. Here, a mediator must have a big heart to be able to accommodate a lot of issues/keeping secrets.

Voluntariness

There is something about voluntariness that people don’t seem to appreciate. The issue of mediation is a voluntary exercise on the part of both the parties and the mediator. Although there are pressures in the mediation process that may produce a lot of heat and yet a voluntary exercise. Endurance and patience is therefore needed. The truth is that mediation helps the mediator to learn more, helps the mediator to build his/her own relationship and help in solving complex cases which makes the voluntary process worthwhile.

Empowerment

This can be done first of all through an opening statement just like an opening speech of a program- it helps to set the agenda for the process and helps parties deal with their problems constructively. It is like kick starting an aircraft which requires a lot of energy, but as soon as it gets to a balanced altitude in the air, less energy is required.

TYPES OF MEDIATORS

Social Network Mediator: It means that a mediator belongs to a network. It is a type of mediation that takes place within the circles of mediators. Also, it consists of individuals who are invited to intervene in a conflict basically because they have a close relationship with the disputants, or largely because they are part of the social network with the disputants. Just like a friend is trusted, the mediator could also be trusted by his social network. A mediator must be peace personified and ready to release the peace virtues to the conflicting parties. Some parties to the mediation process may be actually doing mediation for the first time, so they need empowerment. Co-coursing helps to empower individual party before the mediation process. The empowerment must be interesting, captivating and help assist parties which builds their interest in the mediation process.

Authoritative Mediator: This has to do with the unique position of the mediator e.g. a boss, Secretary General of the UN, President of a nation. Their good offices are used to carry out mediation. The authority of the mediator is recognized by both parties and yet the mediator does not use his/her authority to enforce a binding decision on the parties to the conflict.

Independent Mediator: An independent mediator needs to work hard because the mediator is not known to the parties. Therefore, he/she must first of all build the trust and confidence of the conflicting parties. They are known by their attitude, dispositions, and competence. The truth is that most independent mediators do not have interest in any of the parties concerned and is expected to be neutral and impartial.

A mediator is a catalyst for resolving conflict. There are cultural contexts to mediation. Some cultural contents can assist in mediation and therefore can be used as long as it produces good result. A mediator can be hard or soft. To be hard simply means to be firm and professional. A mediator is not a magician; he only applies a good degree of competence, skills and knowledge.