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Mediators are people -- official or unofficial -- who get involved in a dispute in order to help the parties resolve it. Unlike arbitrators or judges, mediators have no power to define or enforce an agreement, but they can help the parties to voluntarily reach agreement by helping them with the negotiation process. Heads of state or their envoys often act as official mediators in international conflicts; ombudsman may do so at the organization level. Informal intermediaries -- sometimes called Track II diplomats -- do the same at the international level, and, co-workers, friends, or family members can act as informal intermediaries in workplace, family, or neighborhood conflicts.
Typically mediation involves:
- providing a suitable site for negotiation,
- encouraging the proper parties to get involved,
- helping to set groundrules (though the parties are usually involved in this process),
- helping the parties define the agenda,
- helping identify and reframe the issues,
- encouraging the parties to communicate more effectively,
- find areas of common ground,
- encourage fair and effective negotiation and
- sometimes, drafting an agreement (that the parties have articulated) for the parties to sign.
Just how this is done varies considerably from person to person, and case to case. More information can be found in the following associated articles:
Mediation -- Overview,
International Mediation and Intractable Conflicts,
Problem-Solving Mediation,
Transformative Mediation,
Insider Partial Mediators,
Mediation Strategies and Techniques, and
Trust in Mediation.
Use the following to cite this article:
Burgess, Heidi. "Mediators." Beyond Intractability. Eds. Guy Burgess and Heidi Burgess. Conflict Research Consortium, University of Colorado, Boulder. Posted: January 2004 <http://www.beyondintractability.org/essay/mediators/>.
Sources of Additional, In-depth Information on this Topic
Additional Explanations of the Underlying Concepts:
Online (Web) Sources
Melamed, James C. Communication and Facilitation Skills.
Available at: http://www.mediate.com/divorce/pg54.cfm.
This page is the 7th chapter of a mediation training manual. It examines the facilitation skills of mediators for a number of mediation situations.
Stepp, Jessica A. How Does the Mediation Process Work?.
Available at: http://www.mediate.com/articles/steppJ.cfm?nl=18.
This articles gives an over view of the six steps to formal mediation: 1) introductory remarks; 2) statement of the problem by the parties; 3) information gathering time; 4) identification of the problems; 5) bargaining and generating options; and 6) reaching an agreement.
"Selecting a Mediator: A Guide for the Public." ,
Available at: http://www.hawaii.gov/jud/selmed.htm.
To make an informed choice of a mediator, the consumer must have information and the ability to evaluate that information. This guide begins the educational process by presenting a framework for understanding mediator competence. This guide is for anyone looking for a mediator. It will be especially useful to lawyers or other professionals advising their clients, court systems and mediation programs that provide information to consumers, judges who refer litigants to mediation, and people who have been referred by the court to mediation and who must choose their own mediator. The guide generally discusses the qualifications and characteristics a trustworthy and competent mediator should have, as well as a process for narrowing down one's choices.
The Third Side.
Available at: http://www.thirdside.org/index.cfm.
"ThirdSide.org is sponsored by the Global Negotiation Project (formerly the Project on Preventing War) at Harvard University. The Project develops and encourages the use of effective negotiation processes to reduce the risk of war. In addition, the Project is also committed to the development of negotiation theory and practice in a wide range of related areas, such as international mediation and designing dispute resolution systems to contain violence and resolve conflict." The site provides access to a variety of information regarding William Ury's concept of the Third Side including a definition and examples of third siders in action.
What Does a Mediator Do?.
Available at: http://www.resolv.org/articles/med.htm.
This article provides a basic explanation of the role a mediator plays in mediated negotiations. It also presents a list of helpful things mediators do to facilitate dispute resolution.
Ahrens, Ed. What Does A Mediator Do?. Mediation Information & Resource Center.
Available at: http://www.mediate.com/articles/ahrens1.cfm.
This article explains the role a mediator actually plays in the process of mediation.
Glaser, Tanya. "When Talk Works--Book Summary." Conflict Research Consortium, University of Colorado, University of Colorado: Conflict Research Consortium.
Available at: http://www.beyondintractability.org/booksummary/10322/.
This summary of When Talk Works, by Deborah Kolb, offers a good overview of the book, which provides profiles of twelve successful practicing mediators and their techniques. The author concludes by contrasting their practices to prevailing theories of mediation.
Offline (Print) Sources
Cobb, Sara. "Empowerment and Mediation: A Narrative Perspective." 9:3, July 1993.
The author investigates and critiques current concepts of empowerment, and current mediation practices designed to empower parties. She then suggests a narrative understanding of empowerment, and describes several mediation practices which follow from the narrative approach.
Click here for more info.
Fisher, Roger, William L. Ury and Bruce Patton. Getting to Yes: Negotiating Agreement Without Giving In, 2nd Edition . Boston: Houghton Mifflin Co., April 1992.
This is an updated version of Roger Fisher's and William Ury's classic 1981 text, Getting to Yes: Negotiating Agreement Without Giving In. In this bestseller, Fisher, Ury, and Patton describe what they call "principled negotiation", which is basically interest-based bargaining with a few extra twists. Key ideas include: 1) separate the people from the problem; 2) negotiate interests, not positions; 3) look for mutually beneficial options; and 4) use objective criteria. This work is considered essential foundational reading for anyone interested in negotiation. Click here for more info.
Bercovitch, Jacob and Jeffrey Z. Rubin, eds. Mediation in International Relations: Multiple Approaches to Conflict Management, Reprint Edition. New York: Palgrave Macmillan, 1994.
"Mediation is one of the most important management strategies in international relations, yet it has been the focus of relatively little scholarship. International mediation may involve private individuals, academic scholars, small or large states, transnational and international organizations, and yet the nature and consequences of such variation have yet to be examined systematically. The purpose of this book is to analyze the mediating efforts of these actors, and to consider their contributions to international peace and security." --Harvard Law School
Folberg, Jay and Alison Taylor. Mediation: A Comprehensive Guide to Resolving Conflicts Without Litigation. San Francisco: Jossey-Bass Publishers, April 1, 1984.
This book provides practical, how-to advice for mediating a variety of conflicts, including those arising from divorces, custody and visitation decisions, family conflict, neighborhood grievances, educational disagreements, environmental disputes, and problems in the workplace. Click here for more info.
Matz, David E. "Mediator Pressure and Party Autonomy: Are They Consistent With Each Other?." 10:4, October 1994.
The author observes that parties tend to be very resistant to movement. It is this inability to move which brings them to mediation. Yet the mediation literature stresses the extent to which parties may be influenced, directed and even coerced by mediators. Mediation theory emphasizes respect for party autonomy and the need to reach voluntary agreements. Click here for more info.
Moore, Christopher W. The Mediation Process: Practical Strategies for Resolving Conflict, 2nd Edition. San Francisco: Jossey-Bass Publishers, 1996.
This book discusses the characteristics of mediation and the increasing breadth of situations in which mediation has come to be used for resolving disputes. It offers a multitude of practical advice for how to actually carry out the mediation process. It is one of the most comprehensive works on the subject. Click here for more info.
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Examples Illustrating this Topic:
Online (Web) Sources
American Arbitration Association: Ethics and Standards for Arbitrators and Mediators. American Arbitration Association.
Available at: http://www.adr.org/EthicsAndStandards.
This article is a description of the American Arbitration Association's code of ethics, standards of conduct, and code of professional responsibility.
Irani, George E. "Islamic Mediation Techniques for Middle East Conflicts." , 1999
Available at: http://www.mediate.com/articles/mideast.cfm.
The purpose of this essay is to explore and analyze non-Western modes and rituals of conflict reduction in Arab-Islamic societies. - also published in Middle East Review of International Affairs vol.3 no.2
Offline (Print) Sources
Herding Cats: Multiparty Mediation in a Complex World. Herndon, VA: USIP Press, January 1, 2000.
This major edited volume presents a broad look at the process of international mediation and the significant amount of complexity the process presents. The essays and case studies in this volume were written by experienced international mediators and include a combination of straightforward analysis and engaging narratives.
Bailey, Sydney D. "Non-Official Mediation in Disputes: Reflections on the Quaker Experience." International Affairs 61:2, 1985.
This article presents a discussion of the role of non-official mediators in international conflicts, such as Quakers. This article represents a relatively early take on the potential role of NGOs in peacemaking activities, as NGOs were just emerging as significant international actors in the mid-1980s. The author notes that the UN was not entirely prepared to relate to, nor effectively utilize the contributions of, NGOs at this point in time.
Kolb, Deborah M. When Talk Works: Profiles of Mediators. San Francisco: Jossey-Bass Publishers, August 1997.
This book presents twelve in-depth profiles of professional and volunteer mediators, revealing how experienced mediators handle a variety of situations. Click here for more info.
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Teaching Materials on this Topic:
Online (Web) Sources
"Selecting a Mediator: A Guide for the Public." ,
Available at: http://www.hawaii.gov/jud/selmed.htm.
To make an informed choice of a mediator, the consumer must have information and the ability to evaluate that information. This guide begins the educational process by presenting a framework for understanding mediator competence. This guide is for anyone looking for a mediator. It will be especially useful to lawyers or other professionals advising their clients, court systems and mediation programs that provide information to consumers, judges who refer litigants to mediation, and people who have been referred by the court to mediation and who must choose their own mediator. The guide generally discusses the qualifications and characteristics a trustworthy and competent mediator should have, as well as a process for narrowing down one's choices.
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