Journal of Mediation and Applied Conflict Analysis

Editorial

Treasa Kenny — 2022-06-01

Editorial

The War in Ukraine

Ken Cloke — 2022-06-01

Margaret Atwood may have put it best: “War is what happens when language fails.” As mediators, we can add that war is what happens when people are demonised and disrespected, when needs remain unaddressed and interests unsatisfied. It is what happens when pressing problems are ignored, when intense emotions are left unheard and unacknowledged, and when conflicts are allowed to fester, turning small, preventable, easily resolvable differences into immense, unavoidable, intractable crises in which violence seems the only way out.

Protecting the Messenger

Sebastian Kasper — 2022-06-01

The war in and against Ukraine has brought home the importance of accurate, trustworthy reporting — even from dangerous places.

In mediation, particularly mediation arising from armed conflict, it is difficult to overstate the importance of accurate information to help mediate between claim and counter-claim.

The media, in particular journalists, including camera operatives, are the world’s eye in both national and international conflict zones. This essay discusses the legal protection of those courageous individuals and their equipment under international humanitarian law.

The question of legal protection for journalists is essential to global access to reliable information. While the war in and against Ukraine has reminded us of this, it has been recognised as being of crucial importance for many years. Both the Review Committee’s Report to the ICTY’s (the International Criminal Tribunal for the former Yugoslavia) Prosecutor concerning the bombing of Belgrade by NATO forces during the Bosnian war and the ICTR’s (the International Criminal Tribunal for Rwanda) judgment in the so-called Media case raise the question whether it is reasonable to target media stations and personnel.

It is essential to oppose these arguments. Intelligent and well-informed mediation of conflict depends upon the work of those who strive to accurately describe what is going on behind the fog of war.

Attacks on the media and on their places of work often take place in murky circumstances. But I will argue that, even if media stations are also used for military purposes (dual use), they ought to be protected as civilian objects. Also, I will summarise ways to improve protection for the media before observing that compliance with existing laws seems to plunge in times of conflict.

Impartiality and Neutrality in Mediation

Imelda Gaffney — 2022-06-01

This paper explores the concepts of impartiality and neutrality in mediation. It draws on literature to define the terms and explores the impact they may have on the mediation process, the parties involved, and the challenge created for the mediator to implement these core principles in practice. It explores power imbalance in mediation and how the mediator risks their neutrality and impartiality by supporting a weaker party in the mediation process. It presents an alternative term from the literature, which describes the mediator as multi partial, as a possible alternative to address the lack of clarity currently experienced by mediators and bridge the gap between theory and practice.

The Challenge of Balancing Confidentiality and Transparency in an Ombudsman Mediation Service

Deirdre Curran — 2022-06-01

Mediation is becoming increasingly popular as a process of dispute resolution, with confidentiality as one of its core tenets. Where mediation is provided as part of a statutory-funded service, the confidentiality provision is complicated by the reporting requirements of the State, as funder and regulator. The issue considered in this research is how that challenge can be addressed by the Irish Financial Services and Pensions Ombudsman (FSPO).

This paper draws on international literature and practice. A range of comparator organisations were examined to establish how they address this challenge and the implications for the FSPO. The contrasting demands of confidentiality and transparency create a dialectic tension that is common when private and public interests are present and, at first look, it may seem to the outside observer that the boundaries of confidentiality and transparency are fluid and inconsistent.

However, while the findings indicate some variance in practice, they suggest a common rationality and coherent approach across ombudsman services in their use of mediative-style processes based on shared principles, reasoned expectations and valid criteria. To arrive at these findings, two basic questions were addressed: (1) What does the Ombudsman need to be transparent about and why? (2) What information pertaining to the service needs to remain confidential and why?

This research contends that pragmatic solutions can be found to the tension inherent between the need for confidentiality and transparency in a state-funded mediation service and that these findings have relevance to other dispute resolution services.

The Development of Family Mediation in the UK

Tony Whatling — 2022-06-01

This article describes a very personal reflective narrative and should not be regarded as representing the views of any other person or organisation. Over recent years several colleagues have encouraged me to write this history, since it could be lost from the records forever. I am not claiming total recall of every event and readers may have different recollections.

It provides an account of the creation and subsequent achievements of the College of Mediators (COM), formerly the UK College of Family Mediators (UKCFM), including an attempt to force its closure. As an elected member of the Board of Trustees, I have the benefit of all minutes of Governors meetings over that troubled period.

Personal Transformation in a Mediation and Conflict Intervention Learning Programme

Andrea O'Neill — 2022-06-07

This paper explores personal transformation and the role of reflective practice in a mediation and conflict intervention learning environment. It draws on research carried out as part of a Master’s degree in mediation and conflict intervention which posed the question: “Is personal transformation identified in a mediation and conflict intervention learning environment?”

The research adopted a qualitative approach and the findings were an interpretation of students' reflective data.

This paper also discusses the literature, method and research findings concerning the identification and experience of personal transformation and the role of reflective practice in that transformation.

The findings show that personal transformation was identified and found to be a positive experience that changed worldview, altered values and beliefs or changed behaviour. Reflective practice was key to the process. Students found it to be a positive experience with positive benefits on relationships.

The conclusion was that the mediators did experience personal transformation in the learning environment and that reflective practice being a key component.

Book Review

Geoffrey Corry — 2022-06-01

Book Review