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Executive Summary
In the current study, the author evaluated conflict management with respect to the available options for its resolution. From the onset, mediation is outlined as the preferred option in resolving conflicts and other forms of disagreements in the society. To this end, a historical perspective of this alternative form of settling disputes is outlined in the introduction chapter. The topic is further expounded on in the literature review section. The research undertaking sought to explain the rationale behind mediation based on the resolution efforts made in Cyprus and Northern Ireland.
The study was carried out based on an exploratory research design. Secondary sources of data were used to obtain the necessary information. In light of this, peer reviewed journals and books relating to conflict management and resolution were used. A total of 82 sources were used to support the discussions made in the study. The case study of the conflicts in Cyprus and Northern Ireland also helped to advance the thesis statement.
The analysis of the two case studies revealed a number of issues relating to mediation. In the first instance, this form of conflict resolution was seen as the preferred mechanism owing to its ability to improve relations between the various stakeholders involved. However, based on the failure of mediation efforts made in Cyprus, the study indicated the need to adhere to the theory of Ripeness. In addition, the study found that public participation is necessary to enhance the effectiveness of mediation processes.
Introduction
Overview
The current chapter lays the foundation for conflict and the various resolution strategies used to handle it. There are a number of aspects that relate to conflict and its resolution. However, the current study emphasises on mediation as a suitable dispute resolution mechanism. The strategy is associated with a number of benefits to the warring parties and other stakeholders involved in the dispute.
The author of the current study is alive to the fact that conflict is inevitable in any modern society.1 In fact, it is part of human nature. In addition, it is noted that conflict can be resolved using a number of different processes. However, the current research undertaking outlines the rationale for mediation as the preferred conflict resolution mechanism. Background information on the subject matter highlights the problem for the study. The research undertaking intends to illustrate the successes and failures of mediation as the ideal conflict resolution strategy. A comparative analysis of two conflicts will help in the realisation of this objective. The two are Cyprus and Northern Ireland disputes. They act as the two case studies for the current study.
Background Information
Conflict is a major component of the human interactions in a given society. Considering the dynamic nature of human interactions, conflict is assumed to have a similar nature.2 What this means is that different forms of disputes exist between members of a particular community. Conflict occurs from the rudimentary unit of a society, which is the family. It extends to larger set ups of the community, such as countries and regions.3 A number of studies conducted in this field indicate that conflict is a paradoxical concept. In essence, it is assumed that disputes are some of the forces that destroy relationships in the society. Consequently, the need for conflict resolution mechanism arises. The strategies are used to enhance peaceful coexistence between different individuals and parties.
With respect to the magnitude of conflicts, it is possible to have an escalation of the same on an international level. The result of such crises is instability and an endangerment to the existing systems in a given society.4 To this end, conflict resolution is seen as an avenue through which crises, of whatever magnitude, can be averted. The study focuses on mediation, as a preferred technique for conflict resolution.
Problem Statement
Conflict is a common phenomenon in any setting. In the business and political landscapes, there are various issues that destabilise the harmony among various parties. The result is a conflict that brings about instability of the immediate environment.5 The current paper is developed with the intention of providing a framework of conflict resolution through mediation. Notwithstanding the success rate of mediation efforts, there are cases where the same has not been a success. To this end, the paper seeks to evaluate how best the same can be applied in various conflicts to ensure an amicable solution is obtained.
The research undertaking, while supporting the efficiency of mediation, evaluates the mediation initiatives in two main conflicts. The conflict in Northern Ireland is considered one of the most phenomenal in terms of the duration and resolution.6 The mediation process was successful and the information will prove important in helping to resolve other conflicts of a similar nature. Separately, the mediation process in Cyprus is outlined
The major problem, with regards to conflict resolution, is when certain techniques fail to yield the desired expectations. An example is the conflict in Cyprus where mediation efforts did not achieve the intended objective of peace.7 The same informs an analysis of the mediation process in Cyprus to determine what went wrong. The problem statement of the current study is based on the ineffectiveness of the mediation efforts. To this end, the current study is carried out based on the thesis statement that, addressing the flaws made in mediating the Cyprus conflict will develop a suitable template for mediation in future conflicts . The same forms the basis of the comparative analysis between the mediation processes in the two main conflicts highlighted in the current study.
Research Methods
Research design
The current study is a comparative analysis. Such a research undertaking requires a unique design. According to Creswell, adopting a suitable research design allows the activities of the study to yield the expected results.8 The current study intends to examine mediation, as a preferred conflict resolution mechanism. The same will be examined based on the mediation efforts in two separate conflicts. To this end, the study makes use of a hybrid research design based on exploratory and case study techniques.
The method of research adopted for the current study intends to exhaust all the information pertaining to mediation. The case study will expound upon the existing concepts of mediation. The various techniques of mediation used in both conflicts are discussed in the cases study. The exploratory research design allows for the use of secondary information to argue the fundamentals of the study. The same is evident in the literature review provided upon in the study. The information obtained will form the basis of the discussion of the results of the comparative analysis of the case study.
Research context
The current study focuses on the issues surrounding conflict and conflict resolution. There is a need to come up with comprehensive mechanisms of conflict resolution. The study is meant to contextualise mediation as the most preferred technique of conflict resolution.
Procedure
The study largely relies on secondary sources of data from which the information pertaining to mediation is obtained. Secondary information is obtained from books and journals on the subject of mediation. The necessary adherence to ethics was taken into account. The resources used for the study based on their relevance and currency.9 The sources used were from as early as 2005. However, there are others, published much earlier, which are used owing to the information they contain.
Methods of Data Collection
As already mentioned, the data necessary for this study is sourced from secondary sources. The fists step involves identification of the sources relevant to the research undertaking. The primary method of data collection will involve a web based search.10 To this end, there are a total of 100 sources which were obtained. From the web based search. There were also a number of printed materials used for the study. However, due to the evaluation criteria outlined, only 82 sources were used to carry out the research.
Data analysis
The data is analysed in two phases. The first phase involves a comparative analysis. In this phase, mediation efforts in both Northern Ireland and Cyprus are outlined. The analysis involves comparing the techniques of mediation that are shared in both cases.11 At the same time, the respective points of departure will be analysed. The second phase of data analysis will involve a comprehensive discussion of the findings from the comparative analysis. The discussion is based on how the findings of this study relate to the information sources from the secondary sources.
Research Objectives
Mediation, as already discussed, is one of the many techniques that are used to resolve conflicts. The current study intends to illustrate its effectiveness based on the comparative analysis of mediation in Cyprus and Northern Ireland. To this end, the study has one major objective and four main objectives.
Major objective
To establish the effectiveness of mediation in conflict resolution
Main Objectives
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To explain mediation with reference to conflict resolution
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To establish the techniques of mediation
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To analyse conflict resolution in Cyprus and Northern Ireland.
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To find out why mediation in Northern Ireland was a success.
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To find out the mistakes made in the mediation process in Northern Ireland.
Chapter Summary
The first chapter is the introduction chapter where key aspects of the study are outlined. A background on conflict and conflict resolution is outlined. Also a thesis statement is provided alongside specific objectives and research questions to be addressed. Details of the research methods are also illustrated. The chapter also highlights the research perspective to be undertaken by the study. The necessary objectives and research questions are outlined. The second chapter is a review of the literature associated with the subject.
Literature Review
Overview
Conflict resolution through mediation has been developed over a number of styles. In this literature review, the same are explained from a historical perspective on the subject. The studies examined in this section include previous conflicts, where mediation was used as a preferred conflict resolution technique. The literature review also illustrates the various studies that seek to explain the factors that promote success in the whole mediation process. At the same time, there are instances where mediation was not a success. Courtesy of this review, the necessary theoretical frameworks are examined. At the end of the review, the gaps in literature become apparent.12 The same provides a rationale for the current study.
Historical Perspective
As already discussed in the back ground review, mediation is a form of conflict resolution mechanism. The process involves a neutral third party is involved in ensuring two parties, to a conflict, reach an amicable agreement.13There are a number of studies which have sought to illustrate the historical perspective if the concept. Astor and Chinkin argue that, mediation requires a number of techniques, to ensure parties settle upon a common interest.14 However, historically, mediation has been confused with arbitration.
The mediation process makes use of mediators as facilitators to an agreement. On the other hand, arbitration involves a third party whose role is to make a decision based on the conflict at hand. In the analysis of the mediation process, there are studies where the distinction between the two is made clear.15 16The main difference is that an arbitrator makes a decision while a mediator does not.
Mediation has been used in a number of instances to solve conflicts in a number of societies. Asia and, by extension, China is one of the areas where the process is known to have been used to solve conflicts.17Confucius held the opinion that moral persuasion is the best way to resolve any form of conflict.18Given that arbitration involves a decision made a third party, some sense of coercion is involved. In the traditional Chinese setting, the school of thought derived by Confucius was such that compromise is a core element of dispute resolution. To this end, cultures in China resort to litigation as a last resort when it comes to dispute resolution.
In a country like Japan, the concept of mediation is deeply entrenched. Traditionally, the head of a given village had the role of enabling people arrive at an amicable solution to a conflict.19 Given the heavy reliance on mediation, in the Japanese society, litigation became highly discouraged. The tradition has carried on to present times, where mediation is used in resolving disputes of a business nature.
In the African cultures, mediation was also practiced. According to Chouliaraki,20 mediation worked so well in the African setting owing to the extended kinship ties within a given community. With respect to Islam, the role of the quadis is evidence of the societys preference for mediation when it comes to resolving conflicts.21 Essentially, the quadis are intermediaries in a given conflict. Their role was basically to reach out to parties in a dispute with an objective of bringing about social harmony.
In the twentieth century, mediation was practiced by several civilised societies. At the time, civilisation was largely associated with the United Kingdom (UK). The need for a suitable conflict resolution mechanism saw the institutionalisation of mediation in the UK.22 There are a number of studies that cite the Conciliation Act as a part of the institutionalisation of mediation in the UK society.23 The same was replicated in the United States (U.S.) where the U.S. Department of labour came up with a body referred to as the Commissioners of Conciliation.24 The commissioners were tasked with coming up with a alternative dispute resolution mechanism with respect to labour related conflicts.
Previous conflicts
Conflict is not a new phenomenon in the current social dispensations. Over the years, conflict has characterised a number of human interactions. In this section, the conflict in Somalia and the role of mediation in resolving the dispute is outlined.25 The section also examines the Mediation efforts in the Middle East, particularly with reference to the Israel-Palestine conflict.26 The conflict between the Kurds in Turkey is also outlined.27 The literature review will outline the techniques of mediations that have been used in each of the scenarios mentioned.
The Somali Conflict
The war torn regions in Somali began to experience conflict as early as 1897. During the period when colonial powers scrambled for a piece of the African continent, Somali was divided among the Italian, French and British colonial powers. The conflict was exasperated by the coup orchestrated by Mohamed Siad Barre in 1969.28 Also, the battle for the control of Ogaden in 1978 plunged the country into more chaos. However, the collapse of the Siad Barre-led regime put the conflict in Somalia on an international watch list. The same necessitated a suitable resolution, in which mediation was used.
The most notable peace accord was arrived at in 2004. Dubbed the Mbagathi Peace Process,29 the mediation efforts were facilitated by the regional and international authorities. The dispute was mainly brought about by the need to control the country by different factions made up by the warlords.30 The nature of the conflict was traced down to the supremacy battles between the different clans. To this end, the mediation process sought to come up with a formula that would ensure power is shared among the clans.
The mediation efforts that gave rise to the Mbagathi Peace Process are regarded as a success. The opinion is shared by various scholars of political science where mediation is outlined as a preferred dispute resolution mechanism.31 The success of the mediation efforts is evident since decades after the fall of the Siad Barre administration the country would go back to democracy under a Federal form of government. Courtesy of the mediation efforts, the interests of the parties in disputes are addressed.
The Kurdish-Turkey Conflict
In Turkey, the central government is embroiled in a long standing conflict with members from the Kurd community, based in Iraq. At the heart of the conflict is the role of the Kurdistan Workers Party (PKK) in the guerrilla attacks experienced in Turkey.32 The Turkish government has accused the Iraq government of supporting the activities of the PKK. Mediation efforts have been on-going for years. Presently, the Organisation of the Islamic Conference (OIC) has been appointed as the mediator between the two parties.
In the process of an on-going conflict, it is imperative that the parties exercise some form of restraint. The mediating party is meant to facilitate a temporary truce between the parties. Unfortunately, the OIC appear not to understand their role as a mediator. In 2007, there were reports which indicated that the Turkish government did not observe a cessation of armed conflict.33 Both parties engaged in armed conflict leading to the deaths of several civilians. The role of the OIC as an effective mediator was brought into sharp focus.
The objective of a mediation process is to foster goodwill between any two parties. Unfortunately, in this conflict the mediator appeared to have lost the political goodwill essential for an amicable solution to the conflict. The result has been a prolonged armed conflict whose result has been the loss of many lives.34 The development of a suitable framework for conflict resolution will enable the realisation of peace in such areas as the Kurd populated Turkey and Iraq.
Mediation in the Middle East
The Middle East is perhaps the region characterised with some of the longest conflicts. For instance, the Israel-Egypt and Israel-Palestine conflicts are some of the few where mediation has been used.35 As a mechanism of conflict resolution, mediation has some notable successes. That notwithstanding, there are cases where mediation efforts have failed to bear any fruits in the Middle East region.
The notable success of mediation in conflict resolution, in the Middle East, was evident after the 1978 peace accord between Egypt and Israel. There are a number of studies that sight this technique in use within the region. The study by Joffe, for example, examines mediation in the Middle East.36 Jimmy Carter acted as mediator in the conflict where Presidents Sadat and Begin came to a compromise regarding the conflict between the two patties. The success of this accord was attributed to the political will from the parties.
The role of a mediator is crucial in ensuring the parties come to an amicable solution. Presidet Clinton, was mediator seeking to bring to an end, the conflict between Israel and Palestine.37 However, unlike his predecessor, the Clinton-led Mediation efforts were not as successful as the one led by Carter. Several studies have so far examined the reasons that led to the failure of the Clinton-led mediation efforts attribute the same to the absence of a political will. The same can be said for the mediation efforts aimed to quell the crisis in Syria. There have been two mediators since the peace talks began and in both cases, the conflict has not been resolved. Evidently, it boils down to the willingness to cede ground from both parties.
Factors that enhance the success of mediation in conflict resolution
Conflict resolution is regarded as an avenue through which a particular crisis successfully brought to an end. To this end, there are a number of techniques that act as the promoting factors which enhance the resolution of a given conflict. Several studies have been carried out to examine the same. The study by Maney, Ibrahim, Higgins & Herzog examined some of the factors while illustrating the common reasons that bring about failure in the mediation process.38 Mareschal also examines some of factors, albeit from a psychological perspective.39 Understanding the factors that promote the success in mediation enhances conflict resolution holistically.
In the first instance mediation is only as successful as the appropriateness of the mediator involved. The study by Maney et al suggests that every dispute has its unique features.40 To this end, the involvement of a mediator with the relevant experience in the matters in disputed upon is tied to the success of the mediation. The experience, skill and tact adopted by a mediator is very important when it comes to the intended outcome of a mediation process. Consequently, studies affirm that mediation is indeed as good as the mediator.
Commitment to resolve a given conflict is, perhaps, the most common factor that influences the success of a mediation process. In most cases, disputes collapse due to the absence of goodwill regarding the resolution of a given conflict.41 There are cases where one of the parties in a dispute makes it clear on their intention not to carry on with the mediation process. The absence of commitment from both parties brings about frustration in the mediation process. In such cases, it becomes imperative that the mediator ensures there is goodwill from both parties.
The history of the parties also plays a role in resolving a conflict. The mediation process requires an understanding of the root cause of the dispute at hand. The study by Markides and Coufoudakis indicates that mediation efforts succeed in cases where the mediator has a firm grasp of the history of the two parties.42 In the absence of the history to a given conflict, the parameters that would necessitate a solution become difficult to identify. To this end, the mediation process stalls or collapses altogether.
The success of a mediation process is also determined by proper preparation. The mediation process requires adequate preparation.43 Lack of preparation becomes evident in cases where the parties fail to disclose the requisite information pertaining to the discussions. Instances where parties to a dispute fail to prepare, delays in the conflict resolution persist. The ripple effect of a prolonged conflict is harmful to both societies. To this end, scholars maintain that preparation is paramount to the success of a mediation process.
The stability of the parties to a dispute is also a contributing factor to the success of a mediation process. The same is discussed in a number of studies which seek to come up with ways to in which mediation can yield results in conflict resolution.44 Ideally, the stability of a disputant is brought about by the shifting of goals by respective parties. For instance, a
Incidences where mediation failed in conflict resolution
Conflict resolution, through mediation, has not always yielded the expected results. Conflicts have either escalated or kept the momentum. To this end studies relating on the same have been outlined. According to Meadow, there are a number of conflicts where mediation was suggested as a solution but the same never yielded the required results.45 Examples include the following:
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The Israel-Palestine conflict
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The Syrian conflict
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The Somali conflict
Theoretical Perspectives
There are a number of studies that illustrate the various theories relating to the subject. The literature review discusses a number of the theories. They include the following:
Conflict theory
Understanding conflict resolution requires an in-depth analysis of the conflict theory. The theory can be traced back to the Karl Marx. Several studies describe the conflict theory based on its role of coercing disputants to arrive at an amicable solution.46 The theory assumes that a society is made up of constituent elements that compete for the available resources. The only way to maintain the social order is through domination. However, there are cases when the harmony in the society is disturbed. Conflict is the result of the destabilised harmony of a society.
The conflict theory assumes that inequality, in a society, whenever there is a disproportionate sharing of the resources. The theory goes on further to explain that the harmony that exist in a society is not due to the shared values but from the coercion that is in the authorities.47Under this theoretical framework, social control is important to ensure the stability of a people. To this end, mediation efforts need to employ some form of coercion to achieve the harmony required in a society.
The role of a mediator is meant to ensure that disputants to a conflict are able to arrive at an amicable solution. The conflict theory allows the mediator to use diplomacy to coerce the parties to enter into an agreement. The coercion, referred to in this theoretical framework is not the kind where actual force is used. The parties are made to appreciate the need for peace and the benefits of a mutual coexistence. Conflict theory was advanced in the Northern Ireland mediation efforts.48 Both parties were made aware of the ramifications of the armed conflict. Consequently the mediation efforts were able to achieve the intended results owing to the parties having to decide to drop arms in favour of a harmonious coexistence.
The Cooperative theoretical framework
The process of mediation, in conflict resolution is one where the need for cooperation is very important. To this end, the cooperative model was developed with the intentions of fostering reconciliation initiatives between disputing parties. The cooperative model was developed by one Morton Deutsch.49 The theory is developed based on the nature of the dispute. Other studies indicate that this model requires that parties identify the respective terms intended to be achieved out of a mediation process. The resolution of the Egypt-Israel conflict can be explained based on this model.50 The cooperative theoretical framework requires commitment from both parties in the resolution of the conflict.
The cooperative theoretical framework exists based on competition and cooperation as the main orientations. The two orientations are observed in relation to how the disputants in a given conflict end up interacting.51 In the advancement of this theoretical model, Deutsch argues that the mediation process is determined based on the nature of the interaction between the parties. Based on the Israel-Egypt mediation, at Camp David, the nature of interaction was laced with political goodwill from both sides.52 To this end, cooperation was seen to occur and further foster cessation of conflict. Based on this model, conflicts like the one in Syria can be resolved if the mediators focus more on ensuring cooperation from the disputants.
Cooperation theory has been mentioned in a series of studies. In most of the cases, cooperation is outlined as the backbone to the success of a mediation process.53 The number one reason as to why many mediation efforts do not bear fruit is the absence of goodwill. The cooperation theory is outlined as a means through which disputants can meet each other halfway for the amicable resolution to a conflict.
The Principled Negotiation Theory
The process of mediating a conflict involves negotiations to address the pertinent issues that bring about the conflict. To this end, the principled negotiation framework was developed. The theory is seen as a build up to the cooperation theory and was advanced by Roger Fisher and William Ury.54 Under this theoretical framework, conflict is resolved only through a structured process of negotiation. To this end, the principled negotiation framework is understood from the constituent principles.
The primary principle of this theory is the separation of the parties from the problem presented in the conflict. In most cases, conflicts persist when parties retain hard line stances in a dispute.55 The detachment of the parties from the issues at hand enables both sides of a dispute to focus more on resolving the crisis. The crisis between Israel and Palestine has been cited in many studies as being prolonged since the parties are not detached from the problem.56 The detachment allows for the mediation process to address the substantive issues that are presented.
The second principle of this model is for the parties to focus on the main interest rather than the positions. There are a number of instances where mediation becomes necessary to resolve a political crisis.57 At the heart of such conflicts the disputants mostly focus on the positions. An example of such a scenario is after a general election and the dispute that results from the contestation as to who won the presidency, for example. Based on the principled negotiations theory, the parties should ignore the positions claimed in the dispute and focus more on addressing the substance of the dispute.58 The other principle of this theory is the generation of a variety of options that will allow for a final agreement to be settled upon.
The Effectiveness of Mediation
Literature on the effectiveness of mediation focuses on three main aspects that relate to the process. The characteristics of the disputants and mediator are paramount to the success of a mediation process.59 Also, the characteristics of the dispute feature greatly when there is a need to evaluate the effectiveness of the mediation process. Prior to the actual negotiations in during mediation talks, the parties must critically evaluate the properties of the dispute in reference. To this end, there are a number of studies which separately explain how to realise the nest out of a mediation process based on the three aspects suggested.
Effectiveness based on the characteristics of a dispute
A mediator can easily predict the success of a mediation process based on the nature and characteristics of a dispute. In previous studies, the issues that bring about a given dispute are often evaluated based on their complexity.60 There are certain disputes that have multiple issues that require to be addressed. To this end, the characteristics of a dispute ought to be enumerated and categorised based on the urgency to solve.
Addressing a dispute based on the complexity of the issue raised, has been a subject of study by various scholars in the past. For instance, there are negative notions regarding grading the complexity of the issues, in a dispute, based on their complexity. Based on such notions, it is assumed that increasing the complexity of the issues at hand, makes it difficult for an effective resolution of the issue
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