Iscor 421 Final Exam

Mediation def

Mediation def

a conflict management strategy that is an extension to the negotiation process where a 3rd party intervenes to assist conflicting parties to reach a mutually acceptable agreement

Characteristics of Mediation

• Voluntary Process

• Results determined by Disputants

• Formal Process but Informal Tone

• Confidential Process

What are the elements of Mediation

1. Parties

2. Issues/Nature of Disputants

3. Mediator

4. Context

Track 1 Mediation + example

involves top officials/heads of state in the mediation process. It is a formal, official meeting

• Camp David

Track 2 Mediation + example

involves lower ranking officials and academics. It is an informal meeting that includes “back-channeling”

• 1993 Oslo Accords

What are mediation strategies

1. Communication-Facilitation Strategy

2. Procedural Strategy

3. Directive Strategy

Communication-Facilitation Mediation Strategy

Mediator adopts a passive role, channeling information to parties

• ex. Oslo Accords

• Pure Mediation

Procedural Mediation Strategy

enables a mediator to bring both parties together, in a neutral environment and exert SOME control over the mediation process. Mediator decides how to GUIDE the parties throughout the mediation process

• ex. Camp David

• Pure Mediation

Directive Mediation Strategy

a mediator works hard to shape the final outcome. Offers parties conflict incentives, promise of support, or threats of diplomatic sanctions

• ex. Dayton Accords 1995

• Power Mediation

Pure vs. Power Mediation// which is more effective

Pure Mediation: mediator is facilitative and non-imposing

Power Mediation: where mediators use their power to pressure sides to make a resolution

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Pure Mediation is more effective because the state feels that they had more of a say and sovereignty in the agreement process. Creates Longer Lasting Peace

Camp David (a successful mediation)

• Signed September 17, 1978

• Actors: US President Carter, Egypt President Anwar Sadat, Israeli Prime Minister Begin

• Problem:

• Outcome: 2 frameworks witnessed by United States President Jimmy Carter

1. “A Framework for the Conclusion of Peace“

   a. Egypt promised to establish diplomatic relations between the two countries and to open Suez Canal to Israel

   b. Israel agreed to withdraw from Sinai

2. “A Framework for Peace in the Middle East”

   a. A process for Palestinian self-government in the West Bank and Gaza
   b. A framework for the conclusion of a peace treaty between Egypt and Israel
   c. A framework for peace treaties between Israel and its other neighbors

Camp David Accords (a successful mediation)

• Signed September 13, 1993

• Actors: Norweigian Mediators , Egypt President Anwar Sadat, Israeli Prime Minister Begin

• Problem:

• Outcome:

Role of mediation in resolving international violent conflicts and disputes

Role of Arbitration in resolving international private and public disputes

Private Disputes: UN CITRAL, International Centre for Settlement of Disputes

Public Disputes: Commission od Arbitrators, Permanent Court of Arbitration, International Claims Tribunal

Private Arbitration Examples:

UN Commission of International Trade Law (UNCITRAL)

• the core legal body in the UN’s system for international trade

Public Arbitration Examples:

Vattenfall v. Germany

• Actors: Vattenfall Swedish owned nuclear plant company , German Government

• Problem: The Vattenfal company owned 2 atomic power-plants in Germany. However, Germany decided to amend their Atomic Energy Act to make sooner the date to abandon the use of nuclear energy by 2022. Vattenfall decided to take action against the decision by going through Arbitration and Litigation to at least get compensation for the sudden cut off to the amend.

• Outcome: Vattenfall decided to drop the litigation and arbitration case to through negotiation. Germany agreed to pay compensation

Interactive Conflict Resolution (ICR) def

a systematic approach that is used in protracted conflicts that includes methods and activities that can be used by unofficial 3rd parties alongside official or grassroots efforts

• usually track 2 and 3

What are examples of ICR?

1. face to face communication

2. PSW

3. Training

4. Consultation

5. Education activities

Why is ICR helpful

it can help pave the way to formal negotiations

Objectives of ICR

strives to address basic human needs, mutual recognition/ respect, come up with jointly acceptable and sustainable solutions

Problem Solving Workshops

def: designed to bring together unofficial representatives of conflicting parties in an informal setting FREE from diplomatic protocol and publicity under guidance of KNOWLEDGABLE social scientists.

What do PSWs focus on?

origins of conflict, how to reduce tension, effective deescalation tactics

What are the activities of PSWs

1. mutual examinations of political needs

2. writing joint concept papers

3. training in conflict resolution and negotiating techniques

Micro-Objectives of PSWs

• Reaching mutual understanding of political ideas

• Producing joint concept papers

• improving interpersonal relationship

Macro-Objectives of PSWs

1. change in climate of conflict

2. creating trust between parties

3. spread new ideas to the public, influence decision makers

Role of Third Side in PSW

3 Ground Rules for PSWs

1. Private and confidential
2. No expectation on reaching an agreement
3. Equality of the parties in the interactions

Role of Third Party in PSW

1. Improve Communication between the Parties

2. Facilitate Conflict Analysis

3. Induce Motivation for Problem Solving
   

4. Main Task: Listening to the parties, analyzing the nature of the issues in conflict
   and the obstacles to resolution.

What are Tracks of Engagement and their importance?

Are peace processes that happen in different societal levels

Track 1: leadership of a country

Track 2: leading figures in society/intellectuals

Track 3: civil society/Grassroots

• “Peace needs to have a multi-track engagement”

What track of engagement are PSWs in

PSWs are found in Track 2 of Engagement since they require a third party that is a knowledgable social scientist

PSW successful example #1: Cyprus

• Cause: In 1995, there was a conflict with the Greeks and Turkish wanting sovereignty on the Cyprus island. There was fighting, displacement, and ethnic cleansing involved.

• PSW: from December 1-4, 2019, six faculty and grad assistants George Mason University,
  Portland State University and American University with 4 Turkish and 4 Greek Cypriots to develop strategies for agreement

Importance: At the end, high representatives were able to hear the PSWs reports and people were able to educate themselves in the process

PSW successful example #2: Geneva Accords

• In the early 2000’s Prof. Alexis Keller at the University of Geneva, convened a
  series of dialogues between former Israeli and Palestinian officials like Yossi
  Beilin and Yasser Abed Rabbo

• Resulted in the Geneva Accords which addressed solutions to issues that were not addressed in the Oslo Accords

What are 4 Pillars of the UN

1. Peace and Security

2. Human Rights

3. Development

4. Rule of Law

UN Charter Chapter 6

• Pacific Settlement of Disputes

  a. Article 33: any dispute that threatens International Peace should first seek a solution through peaceful settlement of disputes; negotiation, mediation or other peaceful means

• talks about Security Council promoting and implementing methods for peaceful settlement of disputes

UN Charter Chapter 7

• Actions with Respect to Threats of Peace, Breaches of Peace, and Acts of Aggression

  a. Article 42: If measures provided in Article 41 is inadequate, the SC may take action by air, sea, or land forces to maintain international peace and secW

What is the UN Security Council and their role in conflict resolution?

the SC takes the lead in determining threats to peace/acts of aggression

• it has 15 members and 5 permanent members

• the SC can take enforcement measures to maintain or restore international peace and security.

What is the UN General Assembly and their role in conflict resolution

• The General Assembly is the main deliberative, policymaking and representative organ of the UN.

• provides a forum for Member States to express their views to the entire membership and find consensus on difficult issues that the SC is not currently addressing

UN Collective Security System

a system put in place by the UN charter in 1945 to ensure collective defence of a state by its allies.

ex. NATOS motto: an attack one is an attack on all

Bosnian War Historical context and conflict overview (include dates)

Actors in Camp David Accords

• Menachem Begin. (Prime Minister of Israel)

• Anwar Sadat. (President of Egypt)

• Jimmy Carter. (President of the United States)

Arbitration

a conflict resolution approach that is coercive and binding. Usually a last resort

1958 New York Convention

 Intl awards are enforced by national courts under the 1958 NY conv, which permits them to be set aside only in limited circumstances. More than 165 states are part of it.

Tasks and Components of ICR

1. Chosen methodology for ICR (consultation, training, PSW, etc.)

2. The selected Micro-objectives for the interaction

3. The selected Macro-objectives for the interaction

• 3 major components: methods of ICR used, micro objectives of the PSW, and macro goals (long term). 

• Methods: writing joint papers, brainstorming, sensitivity training, training in negotiation techniques.

When was the Dayton Accords and who were its signatories?

The Dayton conference took place from 1–21 November 1995.

• President of the Republic of Serbia Slobodan Milošević

• President of Croatia Franjo Tuđman

• President of Bosnia and Herzegovina Alija Izetbegović with his Foreign Minister Muhamed Šaćirbeg.

Where was the Dayton Accords 1995 signed and when

December 14, 1995 in Paris

How was Bosnia Partitioned after the accords and what is its governmental system today (stated from the Dayton Peace Accords)?

• Bosnia is split with 51% going to a Croat Bosnia Federation and the rest going to the Republic of Serbia

• Power sharing in every part of the gov: croats, bosnias, and serbs involved in every decision made in the country. Any group can also block anything from happening. 

• Created the Office of the High Representative (oversee the implementation of the Dayton agreement)

Is there a presidency in Bosnia

• There is no president, but a presidency with one person from each ethnic group elected to the presidency. They rotate the chair for eight months