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1 | Page Using Mediation to Reduce Risks of Violence and Develop Economic Viability in a Diverse Tunisian Civil Society Often heralded as the birthplace of the Arab Spring, Tunisia is a powerful global symbol of what a pluralistic society can accomplish through peaceful changes. In a region too often shattered by violence, the world applauded as Tunisia recently made a huge constitutional stride in its journey for internal peace. Although there has been and will continue to be real challenges and divisions on its journey, it is expected that Tunisia will continue to adapt and change with patience and honorable intentions. Tunisia is facing considerable economic challenges; the people of Tunisia are tasking their politicians to improve their lives. Largely avoiding the chaos and violence now plaguing its Arab neighbors, Tunisia adopted a new constitution on January 27, 2014. Members of Tunisia's National Constituent Assembly voted to approve the country's new constitution, completing the two-year drafting process and opening the way for a new democratic era -- only three years after the uprising that set off Arab Spring. This document provides for minority rights and separation of powers, and assures a place for women in the power structure. Although Tunisia is officially a Muslim nation, it allows the practice of other faiths. What can strengthen implementation of the rights guaranteed by this newly-created and powerful constitution? How does Tunisia continue on its enlightened path to peace? What rule of law process can be implemented to strengthen and reform Tunisia's judiciary? What civil society process can move Tunisian civil and business interests from violence to economic development? Lastly, and critically important, what societal process can be used in dialogue between Islamists and Secularists? This paper discusses one approach as a potential answer many to these questions. But, it is a powerful answer: mediation. Mediation is a broadly inclusive process in which a neutral third-party is involved with the parties to a dispute or conflict. A mediator cannot impose an outcome but rather assists the disputing parties in reaching their own agreement. The parties control the outcome of the resolution - the mediator only works to facilitate the parties' reaching their mutually, self- designed resolution. Mediation is confidential. It is a voluntary process. Mediation is versatile. It

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Using Mediation to Reduce Risks of Violence and Develop

Economic Viability in a Diverse Tunisian Civil Society

Often heralded as the birthplace of the Arab Spring, Tunisia is a powerful global symbol

of what a pluralistic society can accomplish through peaceful changes. In a region too often

shattered by violence, the world applauded as Tunisia recently made a huge

constitutional stride in its journey for internal peace.

Although there has been and will continue to be real challenges and divisions on its

journey, it is expected that Tunisia will continue to adapt and change with patience and

honorable intentions. Tunisia is facing considerable economic challenges; the people of Tunisia

are tasking their politicians to improve their lives. Largely avoiding the chaos and violence now

plaguing its Arab neighbors, Tunisia adopted a new constitution on January 27, 2014. Members

of Tunisia's National Constituent Assembly voted to approve the country's new constitution,

completing the two-year drafting process and opening the way for a new democratic era -- only

three years after the uprising that set off Arab Spring. This document provides for minority rights

and separation of powers, and assures a place for women in the power structure. Although

Tunisia is officially a Muslim nation, it allows the practice of other faiths.

What can strengthen implementation of the rights guaranteed by this newly-created and

powerful constitution? How does Tunisia continue on its enlightened path to peace? What rule

of law process can be implemented to strengthen and reform Tunisia's judiciary? What civil

society process can move Tunisian civil and business interests from violence to economic

development? Lastly, and critically important, what societal process can be used in dialogue

between Islamists and Secularists? This paper discusses one approach as a potential answer

many to these questions. But, it is a powerful answer: mediation.

Mediation is a broadly inclusive process in which a neutral third-party is involved with

the parties to a dispute or conflict. A mediator cannot impose an outcome but rather assists the

disputing parties in reaching their own agreement. The parties control the outcome of the

resolution - the mediator only works to facilitate the parties' reaching their mutually, self-

designed resolution. Mediation is confidential. It is a voluntary process. Mediation is versatile. It

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can be used to resolve disparate disputes ranging from those between nations to internal within a

country: between and within diverse communities; among and between families; between groups

of diverse religions and those holding sincere, but differing belief systems; in public policy

disputes; in disagreements in all kinds of neighborhoods, for all kinds of community quarrels;

and, between businesses, individuals and businesses or individuals. Mediation is adaptable to

use by and within world communities because it is a flexible, non-judgmental and empowering

process.

It is globally recognized that mediation is a powerful local, neighborhood and community

tool for the peaceful resolution of disputes. Just shortly after the Jasmine Revolution in Tunisia,

the United Nations, in June of 2011, passed a unanimous resolution recognizing mediation's

power and universal application. UN Resolution 65/283 strengthened mediation as a tool for

dispute and conflict settlement. This resolution exhorted its Member States to seek peaceful

settlement of disputes through mediation.1 Tunisia was a signatory to this resolution.

Mediation is not in any sense an "adjudication" as that process is used for results

produced by courts, tribunals, non-binding arbitration, arbitration and case management.

"Adjudication" is a term that can include decision making by a judge in a court, by an

administrative tribunal or quasi-judicial tribunal, a specially appointed commission, or by an

arbitrator. An adjudicator determines the outcome of a dispute by making a decision for the

parties that is final, binding and enforceable Adjudication processes are determinative in nature.

In any adjudication process, the outcome is determine by a third party, usually a stranger to the

dispute. Courts must follow the strict confines of evidentiary and procedural rules and, although

arbitrators have greater latitude, they still are constrained to procedural and evidentiary

parameters. Quite the opposite is true for mediation: the parties decide for themselves what the

solution will be. It is not the finding of right or wrong, it is the making of compromise.

Mediation resolutions crafted by the parties to the conflict can be creative, long-term and

flexible.

1 The United Nations, through its Department of Political Affairs, established its Mediation Support Unit

(“MSU”); it serves as a central repository for peacemaking experience, a clearing house for lessons learned and best

practices, and training coordination for mediation on UN standards and operating procedures Between 2008 and

2011, the MSU was involved in supporting over 30 peace processes on all continents.

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At the onset, it is helpful to understand that although mediation and conciliation have

common elements, there are viable differences.2 Like mediation, conciliation is an alternative

out-of-court dispute resolution instrument which can be voluntary, flexible and confidential. The

main difference between conciliation and mediation proceedings is that, at some point during the

conciliation, the conciliator will be asked by the parties to provide them with a non-binding

settlement proposal. A mediator, by contrast, as a matter of principle and training, refrains from

making any such a proposal. The parties, excluding the mediator, sign their jointly crafted

settlement agreement. Thus, mediation, contrary to most conciliation processes internationally, is

one in which the parties are empowered to create their own resolution of the dispute. Powerful

anecdotal evidence suggests that by having the parties "own" their decisions, the settlement of

the dispute or conflict is considerably strengthened.

Mediation, inherently and by common practice, includes other conflict resolution skills,

either used independently or as a part of the mediation process. For example, negotiation skills

are developed and used both by the parties and by the mediator. 3 Generally, negotiation is a

process in which two or more participants attempt to reach a joint decision on matters of

common concern in situations where they are in actual or potential disagreement or conflict.

Negotiators may use a variety of approaches. 4

Dialogue is a crucial core of or, depending upon the need, an adjunct process to

mediation. “Dialogue” has many different meanings, in different contexts, for different people.

For the purpose of describing it as a core element of mediation, a dialogue is a conversation

whose purpose is mutual learning and understanding. This discourse contributes to building and

deepening relationships across differences of identity. Used alone, dialogue is not primarily a

search for agreement or solutions, although it can serve as a foundation for collaborative action

and coexistence. No one is asked to compromise their core beliefs or values. They commit to not

2 The Centre de Conciliation et d’Arbitrage de Tunis is a well known, respected organization in Tunis which

encourages the use of conciliation and mediation. 3 Negotiation is often taught as a wholly separate skill because of its sophistication and multiple uses outside

of mediation. But it is also an inherent part of the mediation process. 4 For example, "Power negotiation" involves a negotiator's understanding and strategic use of various

sources of power to achieve a negotiator's bargaining goals. Interest-based negotiation Fisher, Ury and Patton 1991)

attempts to reach solutions that meet the interests of all parties. An assumption of interest-based negotiation is that a

variety of interests or motivations may underlie parties' positions. The goal of the interest-based approach is to

satisfy those interests rather than bargain over bargaining positions.

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attempting to persuade, convince, criticize, judge or condemn the viewpoint of others. In

dialogue, participants: listen and are listened to, so that all speakers can be heard; speak and are

spoken to in a respectful manner; develop or deepen mutual understandings; and, learn more

about others’ perspectives and their own perspective.

Mediation is often implemented as a rule of law process to strengthen and reform a

country's judiciary. Judicial process in certain regions and countries is time-consuming,

expensive, or corrupt. It often leads to less desirable outcomes; or, no outcome at all. Mediation

offers a significant route to mitigating these issues by offering an alternative to the court

process.

Additional advantages of mediation compared to traditional court-related disposition of

disputes abound. In mediation, the parties have the opportunity to create a resolution tailored to

the inimitable circumstances of their particular dispute, oftentimes assisted by neutral mediators,

some of whom may be industry experts. Some courts have discretion to shape equitable

remedies, but in mediation, the parties can not only be equally creative, but can also address and

resolve potential future contentious issues. The outcome traditional in court related-litigation

and arbitration - that of the quintessential “winner and loser” - can be much more expansive in

mediation. The parties themselves can design resolutions that meet the needs of their respective

disputes, cultural and religious differences included. Mediation can adopt agreement in what

would otherwise be provisions unchangeable by a court or a panel of arbitrators. The parties in

mediation can redesign long-term contracts to adapt to changing political needs, societal and

legal changes and ideological shifts, in which a contract was implemented. Examples of creative

resolution by the parties in international mediation are quite literally infinite.

It is well known that the use of mediation reduces costs 5 and curtails the delay endemic

in litigation and arbitration. Add to these factors, routine reports by authorities from around the

globe confirm that mediation settlements have a higher rate of compliance than decisions made

5 See, Giuseppe De Palo, Ashley Feasley, and Flavia Orecchini, Quantifying the Cost of Not Using Mediation

– a Data Analysis, available at http://www.europarl.europa.eu/document/activities/cont/

01105/20110518ATT19592/20110518ATT19592EN.pdf. The EU [cost] break-even point for time is 19%

mediation success rate, and the break-even point for costs is 24%. Additionally, it is important to note that the study

found the average cost to litigate in the European Union is €10.449 while the average cost to mediate is €2.497.

Therefore, when mediation is successful, European citizens can save over €7500 per dispute.

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by outside parties. Many ascribe this attribute to the fact that the parties in this voluntary process

ultimately control the outcome of the agreement. The parties “own” their decision because they

are empowered by a trained neutral to create a resolution designed to be fair and capable of

performance.

Mediation is a process, unlike any other, because of its consistent imperative on

confidentiality.6 This fact alone makes mediation appealing in commercial disputes involving the

sharing of proprietary information. In mediation laws being promulgated in various countries

around the world, all of them have provisions requiring confidentiality. Especially in developing

countries attempting to incentivize trade and tourism, they have promulgated civil mediation

laws prominently displaying provisions of confidentiality. In some countries, the mediation laws

make violation of mediation confidentiality an illegal act. 7

Within the private confines of mediation, confidential information can be disclosed,

thereby enhancing communication and the exchange of otherwise personal or proprietary

information. Confidentiality helps the parties to better understand and identify the pivotal issues,

the often-undisclosed motivations, the pressure points, the risks of litigation, and the interests,

which, surprisingly often, can be mutual. Participants often disclose private events, perceptions

or issues in mediation they would not want disclosed to anyone publicly. Explaining their private

concerns and fears, even in business and commercial disputes, is often critically important to

them in order to resolve the conflict, especially in certain cultural contexts.

In most of the emerging rule of law countries, including many of the more sophisticated

countries of Europe, the judiciary and the courts are not as flexible as they need to be to address

the increasingly complex economic and communication demands that globalization has created.

International businesses now have clients all around the world and need a method of dispute

resolution that is faster and less expensive than traditional judicial adjudication. Countries

addressing court-based mediation programs understand that mediation simultaneously and

6 Although confidentiality can be used advantageously in arbitration, many of the institutional rules, until

recently, did not expressly provide for confidentiality. Therefore, parties involved in arbitration are advised to

include provisions in their arbitration clause to ensure confidentiality.

7 Some countries’ mediation laws not only provide that is mediation confidential, but also prohibit divulging

mediation information as illegal. See, e.g. the Jordan Mediation Law of 2006, the Kosovo Mediation law of 2009.

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significantly advances economic growth potential for increased international trade and

commerce. Mediation promotes:

Increased Access to Justice. Court-based mediation, as a societal tool giving

greater access to justice, is rapidly-growing worldwide. Supporters of mediation view it

as strengthening the judiciary in developing rule of law countries. Increased access to

justice is one of the fundamental conditions for the establishment of the rule of law.

These programs generally involve on-going international conflict mitigation efforts by

working to improve the functioning of and accessibility to the justice system. In the past,

the right of access to judicial protection meant, essentially and almost exclusively, the

aggrieved individual’s formal right to litigate or defend a claim, defined in strictly legal

terms. Mediation encompasses the broader view of what is going on behind such claims,

opening new pathways to resolving disputes and relieving the overcrowding that makes

resolving court cases unnecessarily slow. 8

Strengthening the Judiciary. Generally, justice sector reform programs seek to

strengthen the ability of the court system to deliver services in a more transparent,

independent and accountable way. All too often, in countries with developing judiciaries

or in post conflict countries, much of the population experiences the law only as an

obstacle. The law, and the costs associated with using the legal system, can make it

difficult or impossible to run a legitimate business, to secure redress for exploitation by

the powerful, or even to participate as a full member of the community. Societies with a

large segment of poor communities may only experience law and law enforcement as

instruments of repression. But laws, including mediation laws, can be a source of

opportunities – for expanding access to economic benefits, for ensuring government

accountability, and even for effecting broader social change. Mediation, as an adjunct to

the judicial system, works to instill confidence in the legal framework because is a

8 In particular, ADR processes are of significant importance to justice systems when effective establishment

of alternative means of dispute resolution can significantly reduce the number of minor disputes before the civil

courts, helping to improve the availability of judges for cases which must be tried.

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proven mechanism which promotes economic benefits in a business environment. It is

recognized as increasing governmental accountability and effecting broader social

changes for dealing with disputes in a non-adversarial forum.

Judicial Reform. The concept of judicial reform likewise plays a central role in

mediation promotion efforts. Judicial reform programs - which include mediation - seek to

promote a judiciary that functions with principles of modern court administration and case

management, increased transparency, better qualified staff, and increased public confidence.

Programmatic assistance includes establishing legal frameworks for judicial independence,

building judicial associations, promoting education and training of judges, strengthening court

administration, improving judicial ethics and accountability, and increasing public

outreach and media skills. Mediation is the adjunct to all of these.

Governments are supporting the growth and development of court-related mediation.

Perhaps the most heavily funded global provider of rule of law programs, is the United States

Agency for International Development (“USAID”). USAID asserts that its foreign assistance has

the twofold purpose of furthering the United State’s interests while improving lives in the

developing world. The Agency promotes broad-scale human progress at the same time it expands

stable, free societies, creates markets and trade partners for the United States, and fosters good

will abroad. USAID works in over 100 developing countries and in close partnership with

private voluntary organizations, indigenous groups, universities, American businesses,

international organizations, other governments, trade and professional associations, faith-based

organizations, and other U.S. government agencies. Under its general framework of Democracy

and Governance, USAID has become one of the leading governmental funders of justice sector

reform programs, including mediation. 9

The European Commission - Europa Funding (“EC”) - is another governmental

international funder supporting the development of court-related mediation programs. The EU’s

European Directive on Commercial Mediations, passed in 2008, made certain attributes of

enforcement of mediation in civil and commercial settlements uniform throughout the European

Union. The objective of mediation is for the parties to settle their disputes amicably without reference to

a tribunal, and the European Directive makes clear that mediation "should not be regarded as a poorer

9 The author has worked as a Mediator Specialist designing court related mediation systems for USAID in

Bulgaria, Jordan and Kosovo.

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alternative to judicial proceedings."10

The EU Directive is limited to cross-border disputes

among its member states: at least one of the parties must be domiciled or habitually resides in a

member state in order for the Directive to apply. Partnering with USAID, the EU recently

completed its funding of a country-wide mediation system in Kosovo.

The International Finance Corporation (“IFC”) of the World Bank Group is the largest

global financier. This development institution is focused on the private sector in developing

countries. As the private-sector arm of the World Bank Group, it promotes sustainable private-

sector investment in economically-transitioning countries. It does so by providing financing to

help businesses employ more people and supply essential services, by mobilizing capital from

others, and by delivering advisory services to ensure sustainable development. It provides

technical assistance and advice to governments and businesses.11

The IFC views commercial litigation as a potentially unavoidable consequence of growth

for new businesses. It sees expensive, time-consuming court proceedings as an increasing

burden to small and medium enterprises. Thus, it is has funded the establishment of several

court-related mediation programs. It has worked to develop two mediation models suited to the

country particulate legal framework and the court administration processes. 12

For Tunisia, its growing democracy demands that its people have faith in its judicial

system. Mediation is the process to critically assist in developing a stronger, more transparent

judiciary. If Tunisia wants to strengthen and expand its economic growth in today's global

10 Steven Friel and Christian Toms, The European Mediation Directive—Legal and Political Support for

Alternative Dispute Resolution in Europe, Bloomberg Law Reports, Vol. 2, No. 1, available at

http://www.brownrudnick.com/nr/pdf/articles/Brown_Rudnick_Litigation_European_Mediation_Directive_Friel_To

ms_1-2011.pdf

11

IFC, http://www1.ifc.org/wps/wcm/connect/corp_ext_content/ifc_external_corporate_site/about+ifc (last

accessed April 3, 2012)

12 The IFC has funded court-related mediation in Bosnia and Herzegovina, Macedonia, Serbia and Pakistan.

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marketplace, it should investigate promulgating a mediation law. A mediation law supports the

enactment of court-related mediation. Importantly, it signals to the international business

community that a country supporting mediation understand the needs of the global business

environment.

The use of commercial and business mediation is quickly growing globally. It mirrors the

rapid expansion of international business in the last decades as large and small companies in a

myriad of countries shift to a worldwide vision; few are tied to national boundaries. As

commerce and trade increase, so too does the likelihood of disputes. Today, international

business transactions extend over long periods of time, often many years; create complex legal,

financial, and technical relationships; and involve numerous participants from many different

countries, including multinational corporations, global financial institutions, sovereign

governments, state enterprises, and international organizations. Transnational business

transactions include international manufacturing joint ventures, multi-party strategic alliances,

huge infrastructure construction projects, high technology licensing agreements, international

franchising arrangements, production-sharing petroleum agreements, and fifty-year mineral

development projects. Parties from countries throughout the world are negotiating and carrying

out these complex transactions in an environment of diverse cultures, political instability,

conflicting ideologies, differing bureaucratic and organizational traditions, inconsistent laws, and

constantly changing monetary and economic variables. Because of these increased organizational

and transactional complexities, international commercial disputes are increasing. Mediation has

increased exponentially to meet international business and commercial dispute resolution needs.

It is undisputed that where business disputes exist, so will the opportunities to mediate

such disputes. It is not surprising that corporate surveys evidence mediation as the fastest

growing alternative dispute resolution (ADR) method of choice in the business community; it is

overwhelmingly chosen over other ADR methods across different jurisdictions.13

13 See, Herbert Smith, The inside track –how blue-chips are using ADR, November 2007, for corporate survey

results reporting preferences for mediation. Available on line at

www.hks.harvard.edu/m-rcbg/CSRI/ga/smith_adr.pdf

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A number of recognized international business organizations focus on providing not only

arbitration, but also now include a robust mediation division. Three of the largest and well-

known, international and for-profit organizations offering arbitration and mediation include: the

International Center for Dispute Resolution of the American Arbitration Association (“ICDR”);

the International Institute of Conflict Prevention and Resolution (“CPR”); and, JAMS, Inc.

There also are a number of other organizations which offer institutionalized arbitration and

mediation. Some of the other better known ones include the London Court of Arbitration, the

Stockholm Chamber of Commerce, and WIPO (World Intellectual Property Organization). These

organizations develop lists of selected and trained neutral (mediators and arbitrators) to work in

international arbitration and mediation.

The International Centre for Settlement of Investment Disputes (“ICSID”) (of the World

Bank) is another reputable organization supporting mediation. ICSID is an autonomous

international institution established under the Convention on the Settlement of Investment

Disputes between States and Nationals of Other States with over one hundred and forty member

States. The Convention sets forth ICSID's mandate, organization and core functions. The primary

purpose of ICSID is to provide facilities for conciliation and arbitration of international

investment disputes.

Another global organization, the Paris-based International Chamber of Commerce

(“ICC”), adopted new rules in 2003 for the amicable resolution of cross-border business

disputes. These new rules included mediation rules patterned after the US practice of mediation.

Two years in the making, the new rules (called “ICC ADR Rules”) signaled recognition by the

ICC that mediation is co-equal with arbitration as a dispute resolution tool. The ICC similarly

provides granting status and effect of mediation awards as awards as a final award.

More and more countries are promulgating their internal mediation laws, increasing the

in-country possibility to judicially file for a mediation award or mediation judgment. If a lawsuit

has been filed before the mediation has commenced, it is possible in many jurisdictions to have

the court enter the settlement agreement as a consent decree and incorporate it into the dismissal

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order. Even where a lawsuit is not filed, in those countries with mediation laws, enforcement

can be by submission to a public notary or by using a court in a summary proceeding.

The development of court-related mediation, the enactment of a national mediation law

and the use of mediation in domestic and international business practices are all important to

addressing Tunisia's economic challenges. The country faces a high cost of living and a lack of

economic opportunities. International leaders suggest that Tunisia curb public spending on

subsidies on fuel and basic good to control a budget deficit. Tax increases are decidedly

unpopular. Use of mediation can be a signal to the world that Tunisia has entered a new phase of

governmental sophistication.

The fact that Tunisia, having no tradition of violence or military interventions, has opted

to battle at the ballot box and not in the streets is emblematic of the strong and positive character

of this country. However, current divisive debates between Islamists and secularists simmer and

threaten to erupt into violence. It is a complex and difficult issue. It is this writer's deeply

committed view that sustained mediation, in any or all of its forms, at any or many social levels

can work to heal divisions and prevent violence.

There is specific international assistance available. In addition to international

governmental and business funders, there has been a dramatic expansion in the size, scope, and

capacity of civil society organizations14

around the globe over the past decade, aided by the

process of globalization and the expansion of democratic governance, telecommunications, and

economic integration. The number of international NGOs was reported to have increased from

6,000 in 1990 to more than 50,000 in 2006. Civil Society Organizations (CSOs) have also

become significant players in global development assistance. 15

Many of these organizations are

working to build mediation capacities within civil societies experiencing civil unrest and the

14

The World Bank has adopted a definition of civil society developed by a number of leading research

centers: “the term civil society to refer to the wide array of non-governmental and not-for-profit organizations that

have a presence in public life, expressing the interests and values of their members or others, based on ethical,

cultural, political, scientific, religious or philanthropic considerations. Civil Society Organizations (CSOs) therefore

refer to a wide of array of organizations: community groups, non-governmental organizations (NGOs), labor unions,

indigenous groups, charitable organizations, faith-based organizations, professional associations, and foundations”. 15

For more information on the growth of NGOs and the funding they receiving, see,

web.worldbank.org/WBSITE/EXTERNAL/TOPICS/CSO/0,,contentMDK:20101499~menuPK:244752~pagePK:2205

03~piPK:220476~theSitePK:228717,00.html

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threat of violence or those recovering from conflict. Depending upon the specific in-country

situation, organizations and communities world-wide are using mediation along with a number

of adjunct peace-building processes, including those above of negotiation and dialogue.

The work and philosophy of a leading international mediation NGO, Mediator's Beyond

Borders International 16

is helpful to illustrate how one non-governmental organization tailors

mediation programs to ensure sustainability and capacity-building within its partnering

community. 17

MBB only works in projects or performs services upon request of its partner.

MBB co-designs mediation programs customized to meet the needs of its partner. Needs evolve

and change over time and MBB and its partners readily adapt by shaping new responsive

processes. So, for example, for a community recovering recently from civil war, the community

may first need trauma experts before it is capable of learning how to mediate. Or, if the needs of

a community relate to disagreements within schools or universities, MBB can share its expertise

to co-design peer mediation programs. If mediation is requested for youthful offenders, MBB

can offer victim-offender mediation or restorative justice. Many potentially violent situations

don't necessitate the immediate need to resolve a specific conflict; rather, tense societal

differences may respond best to working towards greater understanding, connection and

possibilities through Dialogue, lead by trained facilitators. The possibilities are many.

The critical goal is to build capacity within the partner so that it is capable of continuing

its work without external assistance. Change happens slowly. The partner will be the one to

ultimately sustain the programs and then, only because it has achieved its own internal capacity

and structure to continue the work. Sustainability initially requires expert training. However any

training must encompass an express goal to actively and philosophically promote the use of

mediation long after the trainer is gone.

Mediation and its use as a civilizing tool empowers individuals in all walks of society to

resolve their own disputes; this in turn not only strengthens developing a nation's judiciaries, but

also economically empowers the nation and its peoples to make choices for civil peace. The

message is clear: avoid violence or suffer the human and economic consequences. When

16

Mediators Beyond Borders International ("MBB") works to build local skills for peace and promotes

mediation worldwide. 17

The writer recently completed her term as President and Chairman of the Board of Directors of Mediators

Beyond International on March 1. She remains on the Board of Directors.

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mediation filters down from the courts, through business, governmental institutions, and

communities to permeate into general society, mediation is a proven and powerful

transformational tool for sustainable peace.

Respectfully Submitted,

DISCLAIMER The opinions expressed in this Paper are the solely those of the author and do not represent any official

position of Center for the Study of Islam & Democracy (CSID).

Mis en forme : Police :(Par défaut)Times New Roman, 12 pt, Couleur depolice : Noir, Police de script complexe:Times New Roman, 12 pt, Motif :Transparente (Blanc)

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