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A close analysis of the film Chocolat discloses a new metaphor for the mediator — the mediator as cook. The use of this metaphor throughout the film suggests new insights about mediator style and practice. Specifically, the mediator–protagonist in Chocolat demonstrates that: (1) mediations need not be voluntary to be sound, (2) non-neutral, directive, evaluative mediators can be effective if they individualize their approaches to each disputant and dispute, and (3) effective approaches to mediation celebrate emotion and pleasure, contrary to many conflict resolution theorists who write about the importance of emotions, but do not privilege them in practice.  相似文献   

3.
《国际相互影响》2012,38(3):239-274

Enduring rivalries represent the most difficult challenges for policy makers seeking to promote international peace and security. Once in place, enduring rivalries account for a disproportionate number of crises, militarized disputes, as well as wars, and include conflicts that are more likely to escalate than those falling in other conflict contexts. Unfortunately, we know very little about conflict management in enduring rivalries from either a theoretical or policy perspective. This study seeks to account for why some rivalries are successfully managed while others persist at high and unabated levels of conflict In addressing these concerns, we explore 35 enduring rivalries over the period 1945–1992. We find that although enduring rivalries are quite resistant to influences that produce changes in their dynamics, both endogenous and contextual influences can exercise a significant impact upon the prospects for conflict management between enduring rivals.  相似文献   

4.
《国际相互影响》2012,38(4):329-354
Key mediation attributes, such as mediating actors, the strategy they choose, and previous mediation experiences, are widely thought to influence the nature of a conflict management outcome. But how and when these features shape outcomes is not a straightforward matter, and a standard analysis of these factors does not lead to their widely anticipated results. Why? We develop a new analytical framework that argues that a dispute's intensity alters the conflict management processes. Furthermore, in order to observe this variation, we also need to expand the traditional, dichotomous notion of conflict management outcomes (success or failure) to include a fuller range of observed results. Using the most recent International Conflict Management data set and our new analytical framework, we analyze the effect on conflict management outcome of mediator (a) identity, (b) strategy and (c) history. We find that directive strategies and international mediators are effective in resolving high intensity conflicts, procedural strategies and regional mediators are effective in resolving low intensity conflicts, and that mediation history always affects resolution. Our results have implications for both the study and practice of international dispute mediation.  相似文献   

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This article examines the impact of nongovernmental organization-sponsored contact and communication on fostering peaceful solutions to ethnic conflict via case studies of the activities of the Project on Ethnic Relations (PER) in Romania, Macedonia, Montenegro, Kosovo, and Serbia. It explores five operational principles that guide PER activity: creating credible, neutral forums for dialogue; maintaining momentum; working within political realities; encouraging indigenous solutions from within existing processes; and acting with the backing of powerful states. These principles explain PER's success as a \"weak mediator\" of ethnic conflicts. According to this analysis, PER also exhibits organizational characteristics that contribute to success, including nonpartisanship, area expertise and extensive networks of local contacts, and an ability to secure the trust of local actors.
A significant indicator of the success of PER activities is the establishment by conflicting parties of institutionalized mechanisms for addressing their differences. Contrary to the view that electoral competition contributes to conflict, this study finds that the possibility of achieving an electoral advantage by participating cooperatively in conflict resolution activities creates incentives for local actors to recognize opportunities offered by PER activities and leads local actors to heed PER's advice. Finally, the article offers a cautionary observation. While PER's perceived influence with major international actors may contribute to its local successes, once a state actor with the power to impose a solution has committed itself to ending a conflict, its preferences outweigh any local interests in determining the outcome and renders the efforts of a \"weak mediator\" such as PER irrelevant.  相似文献   

6.
《国际相互影响》2012,38(4):409-440
We study mediation in international conflict as a process of strategic interaction among the two disputants and the (would-be) mediator. We develop a rational model that examines the choice, process, and outcome of mediation. We start with a conflict game of incomplete information played by rational players that examines the conditions under which disputants and would-be mediators would consider mediation a preferred strategy. The mediation game that follows models the mediator's choice of mediation strategy and the possible responses of the disputants offers. Finally, we explore the conditions under which a mediated solution emerges and the conditions under which mediation fails.

The credibility of the mediator—defined as the extent to which disputants believe the mediator's statements, threats, or promises and her ability to deliver the promised agreement—emerges as a key factor that drives the model. Each disputant has an assessment of the mediator's credibility. Broadly speaking, the more credible the mediator is perceived by the disputant, the more accepting the disputant will be of her offers. Yet, the mediator does not know how credible she is in the view of the disputants. This uncertainty affects the mediator's decision to intervene and her choice of strategies. We derive testable propositions from this model and test them on a dataset consisting of mediation efforts in international conflicts over the years 1945–1995. The findings generally support the propositions derived from the model, and we explore the theoretical and empirical implications of these findings.  相似文献   

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One in five individuals in society has or will have a mental illness at some point in his or her lifetime. Conflict resolution theory, however, largely assumes that all individuals operate within the range of behaviors considered mentally healthy. Evidence suggests that professionals who deal with conflict, however, may have to deal with individuals who have mental health problems more frequently than would be the statistical norm. Clearly then, new theories of practice and norms of mediator behavior are needed to respond to the distinctive challenges presented by engaging with those who face mental health difficulty. This paper surveys the research on how people with mental health challenges approach and respond to conflict and provides practical advice to conflict resolution professionals on how to recognize and tailor their approach to meet the needs of these individuals.  相似文献   

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The essay reviews the content of twenty-five years of Negotiation Journal , identifying themes and issues explored on its pages in the past, the current issues challenging the field's scholars and practitioners, and the issues likely to confront us in the future. It argues that while we in the field hoped for simple, elegant, and universal theories of negotiation and conflict resolution, the last twenty-five years have demonstrated the increasing complexification of negotiation theory and practice, from increased numbers of parties and issues, and dilemmas of intertemporal commitments, ethics, accountability, and relationships of private action to public responsibility.  相似文献   

9.
The mediation of public conflicts is a complex interactive, social‐psychological, and often politicized process. Because of their complexity, the literature on how to effectively mediate these conflicts remains imprecise. In this study, I have focused on the sequencing of the overall mediation process and the interplay between initial conditions, mediation styles, and process dynamics to explore predictable patterns from early stage to deadline negotiations. By undertaking a two‐step qualitative comparison of twenty‐three public mediation cases, I have attempted to identify “equifinal” pathways — that is, a variety of different ways in which the same outcome can be achieved — that can lead to mediation success (or failure). My analysis reveals that both inclusivity (i.e., including all relevant participants in the process) and mediation institutionalization (i.e., the mediation process is sufficiently embedded in the political and administrative system) correlate to greater mediation effectiveness. Furthermore, this study also suggests that such key elements of deliberative negotiations as recognition and argumentation are essential for reaching a consensual agreement.  相似文献   

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Evolutionary psychology offers a powerful framework for understanding the ultimate function of emotions, and that understanding can be applied usefully in the mediation context. In this article, we first introduce the relevant theoretical foundational assumptions of the evolutionary approach to emotions and then use anger and gratitude to illustrate the evolved functions and effects of emotions on cognition and behavior before exploring specific implications for mediation. We also discuss mediator strategies for leveraging anger and gratitude, as well as the potential for future research applying an evolutionary approach to understanding emotions in mediation.  相似文献   

11.
In this article, the authors present the “insight approach” to conflict as an analytical and methodological framework that addresses the dynamic interactions between conflicting parties. According to the insight approach, conflict is relational, dynamic, and adaptive, generated from the responsive interpretive frameworks that parties use to construct meaning. Conflict arises as a result of parties' experience of what insight theorists call “threat‐to‐cares,” which generates defend–attack patterns of interaction between them. The authors suggest that rethinking the nature of conflict so that it is seen as an interaction embedded in meaning making enables conflict interveners to help parties gain insight into, and articulate, the values that are being generated, advanced, threatened, and realigned within the complex interactions that define us as social beings. In doing so, parties develop abilities to generate new patterns and solutions that can limit and even eliminate the experiences of threat that generate conflict between them.  相似文献   

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Conflicts in high‐performance sports (HPS) are typically tense and emotionally charged experiences for the athletes, coaches, and sports organizations involved. Such disputes raise intriguing challenges for the mediators handling them. These disputes typically involve multiple parties who often have intensely competitive personalities negotiating a volatile mix of high‐stakes win/lose issues. Mediators typically confront numerous process challenges and must operate within the rigid policy parameters of the various governing organizations involved. Mediation can successfully manage and resolve these challenging disputes, often in creative ways that repair and preserve the parties’ relationships. To be successful in this environment, however, mediators must adapt to and confront the unique dynamics of sports disputes described here. In this article, I examine multiple case studies of mediations conducted through the Sport Dispute Resolution Centre of Canada (SDRCC) with the goal of identifying successful mediation strategies for HPS disputes. The centre, which has made mediation mandatory for almost all cases, had an overall settlement rate over a twelve‐year period of 46 percent, with rates as high as 94 percent for mediations voluntarily requested by the parties. Mediation has been used only sparingly elsewhere in the world for resolving HPS disputes to date, although, I argue, it is a successful tool that should be increasingly used both nationally and internationally. In recognition of mediation's potential role, the Court of Arbitration for Sport introduced updated mediation rules in 2016 and is moving to increase the use of mediation in international sports disputes.  相似文献   

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Over the last one hundred years, conflict researchers have developed a host of theories about which competencies and skills are most conducive to the constructive management of conflict. Our standard models and methods for conflict resolution, however, are particularly challenged in the face of the world's increasing complexity, dynamism, and unpredictability. In this article, I describe a new framework for addressing these challenges. Based on insights from research in complexity science, psychology, and peace and conflict studies, this framework comprises two meta‐competencies that help individuals resolve conflict and promote more constructive and peaceful relations in our rapidly changing world.  相似文献   

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Two scholar practitioners of conflict intervention and social movements present case histories of mediated conflicts involving complex choreographies of contention and negotiation. Both processes, while differently structured and facilitated, have led to improvements in the dynamics of identity‐based conflicts in urban communities. The authors raise theoretical questions and propose improvements to practice.  相似文献   

15.
《国际相互影响》2012,38(3):249-271
This paper examines the conditions under which warring parties will accept an outside party's offer to mediate. Specifically, we explore variation in the incentives for accepting third-party offers in interstate conflicts as compared to civil wars. We argue that since mediation in civil wars transfers legitimacy to the non-state actor and can generate a precedent of exceptions to the norm of sovereignty, the political cost associated with accepting international mediation will be substantially higher in civil wars compared to international conflicts. States should therefore only accept mediation in the most serious disputes, or when the costs of legitimizing an opponent are outweighed by the benefits of conflict resolution. Building on this theoretical reasoning, the paper analyzes the implications of differences in incentive structures between inter- and intrastate conflicts for offer and acceptance of mediation. We find an empirical discrepancy between interstate and civil wars in regard to demand-side (acceptance) of mediation, and to a somewhat lesser extent the supply-side (offer) of international mediation. In line with our argument, we find that the historical ties between the potential intermediary and at least one of the disputants play different roles in regard to acceptance of mediation in interstate compared to civil wars. This is important to take into consideration in the emerging debate on mediation bias.  相似文献   

16.
The Bosnian War (1992–1995) was one of the most brutal conflicts in Europe since the end of World War II. Thirty‐four cease‐fires failed to produce peace in Bosnia and Herzegovina until the late American diplomat, Richard Holbrooke, brokered one that set the stage for a series of negotiations—starting in the Balkans and ending in Dayton, Ohio. The Dayton peace process finally terminated the Bosnian War. The interplay of military intervention by the North Atlantic Treaty Organization and diplomacy by the United States was remarkable. This article highlights thirteen conflict resolution lessons or “Holbrookeisms” that can be learned from the Dayton peace process. Some aspects of Holbrooke's approach toward the peace process helped him to successfully mediate an end to the Bosnian War, while others contributed toward some of the existing cleavages in today's Bosnian society.  相似文献   

17.
Conflict resolution professionals sometimes differ from human rights professionals about the best approaches to transitional justice, particularly with regard to the scope, conditions, and timing of possible amnesties from prosecution for perpetrators of war crimes and human rights abuses. When human rights and conflict resolution professionals work at cross‐purposes, they may work less effectively to end conflict, abuses, and crimes, and to implement peace accords. A consensus among conflict resolution and human rights scholars about which legal norms should govern post‐conflict amnesty programs appears to be developing. Against this emerging legal framework, human rights and conflict resolution professionals should, I argue, develop processes for working together more effectively in the design and implementation of context‐sensitive approaches to transitional justice. These process principles should address the entire conflict period, from escalation through resolution to post‐conflict reconstruction. In this article, I describe a tentative, general framework for coordinating the development of transitional justice programs. This proposed framework is intended to stimulate and guide discussion of these issues among conflict resolution and human rights professionals and scholars.  相似文献   

18.
《国际相互影响》2012,38(5):698-722
Previous quantitative research on mediation in intrastate and interstate conflicts has highlighted the role of external mediators. This study represents the first effort to systematically explore the role of internal—insider-partial—mediators. We suggest that the insider-partial mediators bring important indigenous resources to a peace process and that they can complement external mediators by mitigating the bargaining problem of information failure. Exploring new data on the occurrence and effect of mediation in unarmed insurrections from 1970–2006, we find that the insider-partial mediators significantly increase the likelihood of negotiated agreements. This applies even after controlling for so-called selection effects, where external mediators are selected, or self-selected, into the most difficult conflict situations, whereas insider-partial mediators are utilized in conflict situations that are less severe; and where insider-partial mediators have a substantially higher frequency of activity in unarmed as compared to armed insurrections. We therefore conclude that the insider-partial mediators play an important and positive role in peacemaking that merits further exploration.  相似文献   

19.
  总被引:2,自引:2,他引:0  
Using insights drawn from mediation practice, social justice scholarship, and debates on ethical thinking in other professional fields, the authors argue that prevailing ethical codes for mediators in the United States stunt the development of ethical thinking in the field. Current codes and even their critiques take a \"top-down\" approach that proceeds from the perspective of the mediator and gives primacy to abstract principles rather than to the particulars and contexts of disputes. This approach ignores a much richer practice on the ground, depends on an artificial division of procedural and substantive justice, and constricts the scope of ethical questions raised, inhibiting effective systemic solutions. The authors argue for ethics grounded in the context of particular substantive areas, which do not focus on the mediator alone and which remain open to a wider set of social justice considerations.  相似文献   

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Insight mediation is the name we have given to the model of mediation that is taught and practiced at Carleton University in Ottawa, Canada. The name has evolved from our efforts to situate the model in relation to the transformative and narrative styles of mediation. Drawing upon the work of Canadian philosopher Bernard Lonergan and his theory of insight, mediators practicing this model seek direct and inverse insights into what the conflict means to each party by discovering what each party cares about and how that threatens the other party. Insights shift attitudes and create space for collective action. The authors argue that coming to recognize the theoretical underpinnings of our practice helps us become better practitioners.  相似文献   

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