Good Mediator

Good Mediator

This book examines how mediators’ relational characteristics can alter the outcome of mediation in international militarized disputes. Rather than focusing on neutrality and bias that are rigorously discussed in the mediation literature, this book redefines the sources of effective mediators, impartiality and interest, and shows how such seemingly opposing characteristics of a mediator can lead to successful mediation through different channels, complementing each other. This book also uncovers the two dimensions of mediator trust, fairness and capacity. For mediation to be successful, disputants must trust that mediators are fair and capable of leading to successful mediation. The identification of these two sources is crucial as each of the two relational characteristics of mediators’ discussed above improves each dimension of the mediator trust. Moreover, this book explores how impartial and interested mediators are more or less effective in particular conflicts characterized by the nature of dispute, the nature of disputants’ relationships, and the nature of mediators. The book’s empirical analysis as well as case studies on the mediation cases led by the Philippines and Syria in the Borneo confrontation and Yemen dispute, respectively, demonstrate how the levels of mediator impartiality and mediator interest counterbalance each other in leading to mediation success.

Ethics and Justice in Mediation

Ethics and Justice in Mediation provides guidance for mediators through the ethical and practical challenges that arise in different mediation contexts. Mediation has developed beyond its infancy, and continues to evolve. As it matures, both new benefits and dilemmas emerge from the growing body of mediation experience, and require all mediators, whether new or experienced, to embrace change. There is now a significant focus on the ethical issues arising from the way a mediation is conducted; more specifically, the impact of a mediator's decisions on the parties and on the outcome. Given the sheer diversity of situations that a mediator might face, the challenge of ensuring an ethical process, and a just outcome, is becoming acute. Ethics and Justice in Mediation equips mediators with the skills required to identify the approach best suited to achieving just and ethical outcomes. It outlines the relevant mediation standards and values that apply and demonstrates the different approaches available to mediators to help them ensure balanced outcomes for all parties to a mediation. Guidance is provided by a scenario-based approach in which experienced mediators' responses, to several real-life situations, are shared to highlight the ethical and practical issues that may arise. The authors are experienced mediation specialists, well-qualified to present crucial ethical issues that mediators commonly face - but which have previously received little attention in mediation texts. Presenting six different mediation scenarios, they outline the relevant mediation standards and values applicable to each, enumerate the different approaches that may taken, and how these relate to the standards. Each scenario concludes with suggestions on how to approach the issues identified in the scenarios. By providing these practical suggestions for applying an ethical approach in these situations, it endeavors to ensure that mediations provide just outcomes.

Mediation