Chapter 3 - Preventing and managing violent conflict

Ending violent conflict: third party mediation

Third party mediation

Third party mediation can be broadly defined as “a process of conflict management, related to but distinct from the parties’ own negotiations, where those in conflict seek the assistance of, or accept an offer of help from, an outsider to change their perceptions or behaviour, and to do so without resorting to physical force or invoking the authority of law” (Bercovitch 2009: 343). The ‘outsider’ may be an individual, a group, an organisation or a state. Mediation strategies and tools can range from the channelling of information to parties to the provision of incentives and pressure designed to influence the bargaining process. Although mediation is non-binding, it can contribute to a cessation of hostilities, a peace agreement, or a full settlement of a conflict.

The study of mediation has given much attention to the motivation of mediators and parties to the conflict to engage in mediation. Some argue that mediators are not always neutral, altruistic ‘outsiders’, but may have their own aims. Through the act of mediating, they become an actor in conflict relationships and dynamics.

Despite the potential for mediation to contribute to conflict management and to a lesser extent to conflict resolution, it has largely been treated as an isolated discipline. Though mediation has received much attention in academia, politicians and activists have not given it the same level of attention as peacekeeping and aspects of conflict prevention and peacebuilding. The international climate for mediation has changed radically in the last ten years, with a rapid increase both in the diversity of actors involved in peace processes and the frequency of interventions. The field of third party mediation has faced a number of challenges which include the ‘global war on terror’, the growing influence of new powers such as China and India, and ongoing divisions within the UN. Recent research on the African Union has suggested that efforts should be made to build the capacity of international and regional organisations to engage in mediation, and to develop strategies and mediation units within the organisations.

The success of peace negotiations is determined by a number of factors, including the space and resources given to the process, the credibility of the facilitator and the characters of the negotiating teams and mediators. The success of mediation efforts can be enhanced if the motivations of conflict actors are carefully analysed and understood.

Bercovitch, J., 2009, ‘Mediation and Conflict Resolution’, in The SAGE Handbook of Conflict Resolution, eds., J. Bercovitch, V. Kremenyuk, and I. W. Zartman, SAGE, London, pp. 340-354
Can particular mediation strategies be linked with successful outcomes? This chapter discusses definitions of mediation, its performance, influential factors and evaluations of outcomes. Certain styles of mediation tend to be more effective in certain situations; intense conflict, for example, is likely to require directive forms of mediation. Mediation may well offer the most coherent and effective response to current conflicts, but greater understanding of the process and consistent guidelines are needed.
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Crocker, C., 2007, ‘Peacemaking and Mediation: Dynamics of a Changing Field’, International Peace Institute, New York
This paper suggests that peacemaking will remain a central requirement for managing conflict and identifies some of the critical challenges for peacemakers. It identifies areas of consensus within the peacemaking field, highlights continuing debates, and discusses ‘new emphases’ that affect the way state-based or unofficial peacemakers operate. Capacity building for peacemaking at the regional and subregional levels should be prioritised, and greater coherence in peacemaking efforts should be pursued.
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Slim, H., 2007, ‘A Guide to Mediation: Enabling Peace Processes in Violent Conflicts’, Centre for Humanitarian Dialogue, Geneva
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Nathan, L., 2005, ‘Mediation and the African Union's Panel of the Wise’, Discussion Paper, no. 10, Crisis States Research Centre, London School of Economics and Political Science, London
This paper examines the strategic and institutional dimensions of mediation. It argues that international mediation should involve confidence-building rather than coercive diplomacy and should be pursued (by highly proficient and experienced mediators) as a specialised activity. The Peace and Security Council of the African Union (AU), should establish the Panel of the Wise, a sub-structure of the Council, as an expert mediation unit that is independent of states.
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Potter, A., 2006, 'In Search of the Textbook Mediator' in Kings of Peace, Pawns of War: The Untold Story of Peace-making, ed. H. Martin, Continuum International Publishing Group Ltd., London, pp. 159-173
While there has been a growing literature on conflict resolution and mediation, there are few studies that specifically examine the experience of individual mediators. This concluding book chapter examines the 'art' of mediation in armed conflict. Drawing on the experience of high-level mediators in Iraq, South Sudan, Afghanistan, Sri Lanka, Cyprus and Aceh, it argues that the character and actions of mediators are critical variables in determining the outcome of peace negotiations.
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Griffiths, M. and Whitfield, T., 2010, ‘Mediation Ten Years On: Challenges and Opportunities for Peacemaking’, Centre for Humanitarian Dialogue,Geneva.
What is the role of mediation in the context of contemporary conflict? This paper reflects on ten years of mediation by the Centre for Humanitarian Dialogue. It argues that mediation is at a critical juncture. Drawing on experience in Africa, the Middle East and South and South East Asia, the paper discusses challenging patterns of armed conflict and the multiplicity of mediators that have arisen to try to address them. It asserts that co-ordinated, skilled and contextually-rooted mediation can contribute to sustainable peace. This is especially so if support is continued into implementation.
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Giessmann, H. and Wils, O., 2009, ‘Conflict Parties’ Interests in Mediation’, Berghof Policy Brief 01, Berghof Centre for Conflict Resolution.
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Conciliation Resources, 2009, ‘Ending War: The Need for Peace Process Support Strategies’, Accord Policy Brief 2009, Conciliation Resources, London.
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Track Two Mediation

The terms ‘track one’ and ‘track two’ are used to distinguish between governmental and non-governmental diplomacy. They also serve to acknowledge that mediation and dialogue should not be the sole domain of elites, but should take place at varying levels of society. Track two mediation is also referred to as unofficial mediation, private diplomacy and/or transformative mediation. Participants include, but are not limited to, civil society leaders, students, journalists, ex-combatants, and private sector actors. Strategies used here are mostly linked to conflict resolution.

Official mediation is expected to produce solutions that contribute to the termination of violent conflict and that address the core conflict issues; whereas unofficial mediation is ongoing and geared more toward dialogue and relationship transformation. The literature stresses the importance, however, of linking and coordinating track one and track two efforts in order to increase the likelihood of effective mediation outcomes.

Mirimanova, N., 2009, ‘Mediation and Dialogue: Official and Unofficial Strands’, Case Study: Lessons from South Caucasus, Initiative for Peacebuilding Cluster, International Alert, London
How effective is mediation and dialogue in protracted violent conflict? This paper explores approaches to and formats of mediation and dialogue, and the relevance and effectiveness of these strategies in the context of protracted violent conflicts, particularly in the South Caucasus. Mediation and dialogue cannot be contained in an ivory tower and need to be placed in a real-life conflict context characterised by violence, mistrust, political opportunism, vengeance and systemic injustice. The EU needs to develop a more nuanced understanding of the interplay of mediation and dialogue and the conflict context in which it operates.
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Kemper, B., 2007, ‘Mediation in Intrastate Conflicts: The Contribution of Track-Two Mediation Activities to Prevent Violence in the Aceh Conflict’, INEF Report, no. 88, Institute for Development and Peace, INEF, University of Duisburg-Essen, Duisburg
Under what conditions can "track-two" mediation conducted by non-governmental actors contribute to the prevention of violence in intrastate conflicts? This paper presents results of a case study of two intrastate mediation processes conducted by track-two mediators in Aceh. Results indicate that track-two mediation has the potential to prevent violent intrastate conflict as long as mediators enjoy political expertise and moral leverage.
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Tripathi, S. and Gündüz, C., 2008, ‘A Role for the Private Sector in Peace Processes? Examples and Implications for Third Party Mediation’, Centre for Humanitarian Dialogue, Geneva
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Monitoring and Evaluation

Although it may be difficult to attribute quantifiable results to specific mediation activities, attempts have been made to devise a framework of questions that can be used in assessing mediation activities.

Lanz, D., Wählisch, M., Kirchhoff, L. and Siegfried, M., 2008, ‘Evaluating Peace Mediation’, Initiative for Peacebuilding, Brussels
How can accountability mechanisms be established for international peace mediation given that it takes place in extremely complex contexts and its contributions are difficult to grasp? This study has developed a framework for evaluating international mediation activities that differ from standard methodologies. It proposes a series of non-suggestive evaluation questions that allow a systematic but flexible assessment of aspects of peace mediation.
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Case Studies

Möller, F., DeRouen Jr., K., Bercovitch, J., and Wallensteen, P., 2007, ‘The Limits of Peace: Third Parties in Civil Wars in Southeast Asia, 1993-2004’, Negotiation Journal, vol. 23, no. 4, pp. 373-391
Why isn’t Asia a focus for third-party conflict management? Asia has a high number of warring parties and long-lasting civil wars. Yet it receives relatively little attention from third parties. This article examines the effectiveness of third-party involvement. It argues in the absence of adequate diplomacy, peacekeeping and post-conflict reconstruction, civil wars in Southeast Asia will continue to pose a serious threat to regional and international security.
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Morfit, M., 2007, ‘The Road To Helsinki: The Aceh Agreement and Indonesia's Democratic Development’, International Negotiation, vol. 12, no. 1, pp. 111-143
What explains the success of the Helsinki agreement in securing a peaceful settlement of the Aceh conflict? This article uses interviews and first-hand accounts to analyse the political context that surrounded the Helsinki negotiations. It finds that the conventional explanations for the agreement’s success fail to capture the complexity of the process and underestimate the beneficial influence it has had on Indonesia’s democratic development.
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Åberg, A., Laederach, S., Lanz, D, Litscher, J., Mason, S. J. A., and Sguaitamatti, D., 2008, ‘Unpacking the Mystery of Mediation in African Peace Processes’, Mediation Support Project, CSS, and Swisspeace, Zurich, Bern
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McCartney, C., 2006, ‘Dilemmas of Third-Party Involvement in Peace Processes: Reflections for Policy and practice from Colombia and the Philippines’ Conciliation Resources, London
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Van der Meulen and Van der Putten, 2009, ‘Great Powers and International Conflict Management - European and Chinese Involvement in the Darfur and Iran Crises’, Clingendael Institute, The Hague
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