Mediation is third-party non adversarial approach to conflict ressolution

1. A BRIEF ON MEDIATION AS A
THIRD-PARTY APPROACH IN
CONFLICT RESSOLUTION
BY
DANJUMA D. JISE
FOUNDER: PEACE SCHOLARS INTERNATIONAL
C/O CENTRE FOR CONFLICT MANAGEMENT &
PEACE STUDIES, UNIVERSITY OF JOS, NIGERIA.

2. MEDIATION IS-----
A non adversarial Third-party form of conflict
resolution in which the parties in conflict or
disputants have succumbed to their helplessness in
reaching to an amicable resolution or resolving the
dispute by themselves

3. MEDIATION
‘Mediation is a process that, together
with a number of other processes, is
collectively known as alternative
dispute resolution’

4. MEDIATION - A DEFINITION
• ‘Mediation is a voluntary, non-binding,
private dispute resolution process, in which
a neutral person helps the parties to reach
their own negotiated settlement’

5. BENEFITS OF MEDIATION
• Informal
• Quick
• Flexible
• Cost Effective
• Confidential
• Preserves Relationships
• Characterized by a win-win scenarior
• Control Remains With Parties
• Allows For Creative Solutions
• High Success Rate of 80%

6. WHEN TO USE MEDIATION
Because conflict is a continuum mediation may
be:
• Preventive (before conflict gets to escalation point)
• Curative (when conflict has already escalated). The only
exemption to this rule is when dealing violent conflict be it inter
state or intra-state warfare ) in which case mediation must go
with proper timing.
It is important to note that mediation can be entered into, both
when the matter is in court and when it is yet to be taken to
court

7. WHO SHOULD PLAY THE ROLE
OF MEDIATOR?
Traditionally, Lawyers and legal practitioners are
known for handling the task of mediation. But in
modern times especially in the post Cold War era,
other professionals such as Conflict Resolution
experts, key state actors at national and
international levels, military personnel, diplomats,
academic think-tanks, management consultants and
civil society activists are all legitimately engaged
in some level of mediation at varying degree of
involvement

8. MEDIATOR’S ROLE
• Serves As A Neutral Facilitator
• Summarizes, Restates And Prioritizes Issues
In A Non-Judgmental Manner
• Assists In The Generation Or Clarification
Of Options
• Evaluates Options And Possible
Consequences
• Enforces The Ground Rules
• Identifies Areas Of Mutual Interest

9. FACILITATIVE MEDIATION MODEL
• Preparatory Phase
• Introductory Phase
• Understanding Phase
• Negotiation Phase
• Agreement Phase
• Concluding Phase

10. A TYPICAL MEDIATION SESSION
• Mediator’s Opening Statement
• Each Party Makes An Opening Statement
• Mediator Summarizes Each In Turn
• Mediator Identifies Common Ground
• Mediator Identifies/Formulates Issues &
Sets Agenda

11. MEDIATION SESSION (Cont. 1)
• Mediator Explores Issues In Joint Session
or Caucus To Understand Underlying needs
And Interests
• In Joint Session Or Caucus, Mediator
Assists In Option Generation & Reality
Checks
• Mediator Maintains Momentum &
Overcomes Impasses

12. MEDIATION SESSION (Cont.2)
• Mediator Assists Parties To Reach
Agreement & Reality Checks Proposed
Settlement
• Mediator Drafts Legally Binding
Agreement & Concludes Session

13. MEDIATOR- POST MEDIATION
• May File Any Necessary Paper Work With
Court
• Monitor Implementation Of Terms Of
Settlement
• Release Documents Or Funds Held Pending
Settlement

14. FINALLY - A LESSON FROM HISTORY
• ‘Discourage litigation. Persuade your
neighbours to compromise whenever you can.
Point out to them how the nominal winner is
often the real loser…in fees, expenses and
waste of time.’-Abraham Lincoln
• Whenever you contemplate the court option
with an adversary, weigh the material and
human cost of loosing a relationship. Mediation
brings about two rather than one winner and
keeps the relationship.

15. Next time try Mediation.
Thanks for your kind audience