Meddlers Or Mediators?

Meddlers Or Mediators?
Author: Gilbert M. Khadiagala
Publisher: Republic of Letters
Total Pages: 296
Release: 2007
Genre: Law
ISBN:

Drawing from cases of mediated settlements in Eastern Africa, this book provides an analysis of the strengths and weaknesses of African inteveners in civil wars against the backdrop of theories of negotiations and mediation.

Lawyers as Meddlers in the Mediation Process - A Malaysian Perspective

Lawyers as Meddlers in the Mediation Process - A Malaysian Perspective
Author:
Publisher:
Total Pages: 7
Release: 2019
Genre:
ISBN:

Objective - The scope of a lawyer's role is common knowledge and is often construed as one who advises on the application of the law, especially in the area of litigation or conveyancing. Nevertheless, it is pertinent to consider the role of a lawyer in mediation and the link between lawyer and mediation.Methodology/Technique - Mediation as a form of dispute resolution is arguably still at its infancy in Malaysia. Judges in Malaysia do encourage people to use mediation to settle disputes, instead of settling disputes through the court. As such, lawyers play a significant role in mediation, especially when the society regards mediation to be one effective mechanism of Alternative Dispute Resolution (ADR), compared to litigation.Findings - As such, the term 'mediation' refers to a process that generates structure negotiation, whereby a mediator (a neutral impartial third party that is acceptable to and independent of the parties) serves to facilitate agreement between the parties involved to resolve their disputes in a systematic manner by isolating the dispute issues, developing alternatives, and reaching a viable and acceptable resolution that satisfy the involved parties. Since the mediator plays the role in the mediation process, how does a lawyer play his role in the mediation process? Does he serve as a meddler in the mediation process?Novelty - A mediator claimed, "...involvement of solicitors is significant. They comprehend the dynamics of positive engagement, apart from having the ability and being prepared for a constructive negotiation so as to look for resolutions, rather than reinforcing litigation. They possess the ability to offer advice and provide guidance to their clients as they seize the opportunity to bring matter to an end. This is an exceptional instance of professionalism at its best." This statement has become, at present time, 'how does a lawyer apply his present skills in mediation settlement?Type of Paper - Review.

Local Legitimacy and International Peace Intervention

Local Legitimacy and International Peace Intervention
Author: Oliver P. Richmond
Publisher: Edinburgh University Press
Total Pages: 288
Release: 2020-07-31
Genre: History
ISBN: 1474466281

This edited volume focuses on disentangling the interplay of local peacebuilding processes and international policy, via comparative theoretical and empirical work on the question of legitimacy and authority.

Multiparty Mediation in Violent Conflict

Multiparty Mediation in Violent Conflict
Author: Tetsuro Iji
Publisher: Routledge
Total Pages: 377
Release: 2019-09-11
Genre: Political Science
ISBN: 1000691462

This book presents a conceptual and empirical analysis of the UN-led multiparty mediation in the Tajikistan conflict. Multiparty mediation has been a significant research topic of international conflict management since the 1990s, but in-depth case studies on the peacemaking dynamics of violent conflicts are rare, particularly in regard to third-party roles. This volume addresses that gap in the literature by examining the multiparty mediation of the Tajikistan conflict, a largely forgotten but notably successful case of UN-orchestrated peacemaking in the post-Cold War era. It argues that several interrelated factors contributed to the "success" of the Tajik multiparty mediation: Russia, Iran, and other major interveners shared a common interest, and reached a broad consensus on the terms of settlement; the UN was widely accepted as a lead coordinator by other mediators, and succeeded in constructively engaging with them; as a consequence, there arose positive interconnections between different third-party roles. The book presents an analytical framework for understanding the complex interplay of these factors, not only to evaluate the Tajik case but also to help clarify policy implications for multiparty mediation in other cases of violent conflict, particularly civil wars. This book will be of much interest to students of conflict resolution, civil wars, international mediation, the UN, Central Asian politics, and International Relations.

Beyond Mediation

Beyond Mediation
Author: Daniel Njoroge Karanja
Publisher: Rowman & Littlefield
Total Pages: 221
Release: 2020-09-29
Genre: Political Science
ISBN: 1786610469

This book offers narrative analysis theory as a vehicle to understand indigenous mediation. The conceptual basis for this manuscript is the undisputed urgent need to understand mediation from a conflict transformation perspective highlighting the nexus between indigenous justice, forgiveness and trauma healing. This book is based on the assumptions that local communities have the tools/capabilities that they need to build stable and enduring peaceful co-existence. These capacities have been weakened by the political elite and bankrupt/corrupt leadership approaches that must be rejected through empowerment and rigorous mediation brigades at the local level. The last chapter in the manuscript proposes a research center for indigenous justice, forgiveness and trauma healing in East Africa that will guarantee decades of scholarship and research around this subject in East Africa and beyond.

Territoriality, Citizenship and Peacebuilding

Territoriality, Citizenship and Peacebuilding
Author: Kelechi A. Kalu
Publisher: Adonis & Abbey Publishers Ltd
Total Pages: 650
Release: 2013-06-29
Genre: Reference
ISBN: 1912234599

Civil conflicts in Africa range from few interstate wars to several intrastate conflicts characterized by secessionist movements, irredentism, coups and counter coups, genocide, wars of liberation to resource-based wars. The varied causes of conflicts in the continent's diverse and complex social formations are seen in ethnic terms and include struggles for economic/environmental resources, poor institutions of governance and issues of identity such as religion, language and racial differences. The core issue addressed in this volume is how to understand and explain the structural and analytical reasons for persistent civil conflicts in Africa. The core assumption is that most civil conflicts in Africa erupt largely because of the nature of state formation in the continent. Other significant variables that are explored as explanations for the persistent instances of civil conflicts in sub-Saharan Africa and the slow efforts at nation-building across the continent include issues of territoriality, climate change, ethnicity, ideological incongruities, institutional problems, the nature of postcolonial state, unreformed governance and economic structures, and corruption.This book also examines some sources of unresolved issues of territoriality and explains their connections to political violence and socio-political and cultural tensions across sub-Saharan Africa. It offers suggestions on how scholarly research and policies could help mediate if not mitigate future territorially-based conflicts in Africa.

Mediation

Mediation
Author: John W. Keltner
Publisher:
Total Pages: 92
Release: 1987
Genre: Law
ISBN:

Because the intervention of a neutral third party is currently gaining favor as an alternative form of dispute resolution, this book explores the process of mediation in the context of managing struggle and examines some of the characteristics of mediators, their training and ethics, and the techniques and skills of good mediation. The theory section of the book contains three chapters dealing respectively with basic concepts and contexts, origins and development of mediation, and the mediator. The chapters in the section on practice are as follows: (1) "The Mediator in Action"; (2) "Phases in the Mediation Process"; (3) "Mediator Behaviors: Relationships, Processes, and Strategies"; (4) "Power and the Mediator"; (5) "You Are the Mediator: a Summary of Suggestions"; and (6)"Helping the Parties Use Mediation." The five appendixes include simulated cases for mediation, mediation analysis and evaluation forms, special exercises for mediators-to-be, a section on special projects, and a sample agreement between parties coming to mediation. Eighty-one references are included. (Skc).

From Sudan to South Sudan

From Sudan to South Sudan
Author: Irit Back
Publisher: BRILL
Total Pages: 162
Release: 2020-06-22
Genre: Social Science
ISBN: 9004425322

Irit Back’s From Sudan to South Sudan: IGAD and the Role of Regional Mediation in Africa comprehensively analyses the full achievements, shortcomings, and implications of IGAD (Intergovernmental Authority on Development) mediation efforts in Sudan and South Sudan.

The Politics of Sorrow

The Politics of Sorrow
Author: Daniel D. Martin
Publisher: Routledge
Total Pages: 209
Release: 2016-02-24
Genre: Social Science
ISBN: 1317020022

Drawing on several years of research with grief support organizations and the families and friends of murdered children, this book examines the emotional experience of families in the aftermath of a homicide. It examines the politics of sorrow, offering a comparative analysis of White and African-American families as they navigate the experience of homicide, shedding light on the ways in which the class location or ethnicity of mourners affects their experience. Analyzing the manner in which police and other authorities differentially extend emotional support to bereaved families, notify them of a homicide, or assign blame, The Politics of Sorrow reveals how 'disenfranchised grief' comes to be an institutionalized outcome of their practice. The book further examines the effects of 'announcement shock' and the importance to the family of the moral career of the deceased, as they seek to manage his or her identity, often dealing with their grief through an active pursuit of justice in court, or through political involvement with a grief support organization, which mobilizes families in pursuit of its political ends. A rigorous study of stigma, identity, and stratified experiences of grief, The Politics of Sorrow will appeal to sociologists interested in interactionist methods, race, class, and emotion.

Pathways Out of Terrorism and Insurgency

Pathways Out of Terrorism and Insurgency
Author: Luigi Sergio Germani
Publisher: Sterling Publishers Pvt. Ltd
Total Pages: 384
Release: 2005
Genre: Political Science
ISBN: 9781932705508

Focuses on the social, political, economic, and psychological roots of terrorism. This work offers an examination that explores the dynamics of contemporary terrorism as well as the possibilities and limitations of peace processes undertaken by governments that try to end terrorist violence, tracing the rise and growth of various terrorist groups.