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  • Essay / Effective mediation - 3467

    1. IntroductionThe practice of resolving human conflicts through intermediaries has a rich history in Western and non-Western cultures and therefore has a wide range of forms and functions. Conflicting parties in most societies and at all stages of social interaction have had access to external actors to whom they turn when they come to the conclusion that they are incapable of managing their different opinions on their own. In this case, a common response to identifying contradictions in goals and values ​​between adversaries is to enter into a negotiation process in order to reach an agreement on these differences that is mutually acceptable. As a result, negotiation appears to be a universal human phenomenon, although it is often expressed in different forms adapted to each cultural context. Mediation aims to facilitate the negotiation process and has become one of the most important methods of resolving international conflicts. (cf. Fisher 2001: 1; Bercovitch/Jackson 2009: 32) Nevertheless, mediation must be adapted to the norms and assumptions of any given cultural milieu, which may be an organization or set of institutions, international diplomacy and culture of a society or identity group. Additionally, practitioners as well as scientists of mediation have attempted to create basic models of this process to find and explain many of the essential elements of mediation. (cf. Fisher 2001: 1; Rothchild 2008: 101f.) Without doubt, the process of searching for models to achieve a deeper understanding of mediation is still not complete. Although there is a wealth of literature on the subject, the theory of how mediation works is not well-founded and there is no consensus regarding the...... middle of article... ...reduce conflict escalation and promote settlement, hoping that the mediator will influence the other party, to show commitment to a resolution. Regarding the characteristic of the mediator or a third party, there are several aspects worth mentioning. Mediation is a voluntary and peaceful process and is therefore an attractive option for many States. Accordingly, the mediator is only able to act as a mediator when the conflicting parties consider him to be acceptable, reasonable and knowledgeable. Other vital prerequisites for effective mediation, which the mediator must fulfill, are trust, credibility and a high degree of personal aptitude and competence. Additionally, characteristics such as objectivity or impartiality are also cited as being strongly linked to effective mediation. (cf. Bercovitch/Houston 1996: 25; Berco-vitch/Gartner 2009: 5)