On Negotiation, Extremism and History - Book Review of Brown's and Marriott's ADR Principles and Practice (5/07/12) Robert Benjamin The conflict terrain of the last 30 years is an important backdrop to a complete appreciation of ADR Principles and Practice, Third Edition, by Henry Brown and Arthur Marriott, published by Sweet and Maxwell in 2011. The authors, both from the United Kingdom, demonstrate an appreciation for the vagaries of history and gritty realities of mediation, arbitration and conflict management practice garnered from many years of life and professional experience.
Israeli-Palestinian Conflict-Courageous Peace Leaders Wanted (8/29/11) Douglas Noll In the lull after the media frenzy around Irene, it is a good time to reflect on the Israeli-Palestinian situation. In a few weeks, the Palestinians will submit a resolution to the UN General Assembly that asks that Palestine be declared a new nation-state. Regardless of where you might stand on this issue, there are a lot of practical problems with the resolution.
The Influence of Cultural Diversity in Mediating Complex Multi-Party and Catastrophic Loss Conflict (8/08/11) Joe Epstein, Robyn McDonald To Americans, “cultural diversity” means experiences derived from the differences in race, religion, gender, age, ethnicity and more recently, sexual orientation. Yet, this definition is a bit myopic; consider the implications of: immigration status, socio-economic and marital status, work experiences (blue collar/white collar, unemployed/underemployed), education, group memberships (NRA, ADL, Sierra Club, John Birch Society, Greenpeace, ACLU, Tea Party Movement), political affiliations, parenthood, disabled or disadvantaged or other significant life experiences - as they too, impact the concept of cultural diversity. 1 Comment
Obama and the Middle East - A Mediator's Perspective (6/13/11) Denise Tamir In a sense, Obama holds himself out as a neutral, purporting to facilitate the Middle East peace talks as an outsider. When evaluating Obama's recent conduct using mediation methodology, however, Obama shows that he is anything but neutral. 2 Comments
Conflict Resolution in the Holy Lands (4/11/11) John Shaffer I recently returned from a conflict resolution training of unusual depth and dimension. It is an experience I wish for all my family and friends, co-workers and neighbors. I say “it is” because the journey this training is a part of is not over; in fact, I’d say it has hardly begun. 2 Comments
Replace TSA John Pistole? (3/06/11) Christopher C. Cooper TSA screeners must have a toolbox full interpersonal conflict resolution skills. Their leader, Pistole, should lead by example. It seems to me that the best person to head the TSA is a seasoned street cop who knows the value of negotiation.
The Middle East: Without A Middle (12/27/10) Dorit Cypis How can mediators expect to develop multicultural conflict engagement and transformation programs for Jews and Palestinians when there is no equity between them? On what can trust be based when the Israeli State continues to rupture the Palestinian identity and rob the Jewish Israeli of truly knowing his/her neighbour? Mediators are stymied by this reality but are also reticent to engage in advocacy strategies as they fear losing their “neutrality” status, but what else can we do? 6 Comments
IMI Adds Founding Institution in Mideast (10/04/10) Keith Seat
The Bahrain Chamber for Dispute Resolution has been granted full “Founding Institution” status by the International Mediation Institute, and its CEO has joined the IMI Board. The Chamber is IMI’s fifth Founding Institution and the first in the Mideast. The Chamber recently completed its first case since its founding in January 2010, and intends to provide the region with a best-in-class international ADR center and help Bahrain become the Gulf’s leading center for ADR services.
No Risk? No Hope Then Either (7/05/10) Ronald S. Kraybill I witnessed with alarm a recent ruling of the US Supreme Court regarding the U.S. PATRIOT Act. This Act makes it illegal to give support of any kind to groups listed by the US government as terrorist groups, even if the support is designed to end violence.
Mediation and Negotiation Are Designated As Criminal Acts: Maybe It’s For the Better (6/22/10) Robert Benjamin Should you be a private consultant or working for an NGO, e.g., Mediators Without Borders, Mercy Corps, or the Red Cross, who might dare to meet with, provide training in mediation, or suggest negotiation strategies that might encourage a nonviolent approach to any “designated” foreign “terrorist” organization, you can now be charged with the crime of “material support” in violation of the Federal Patriot Act of 2001. 2 Comments
Logic Overpowers Intuition: The Obama WAR!!! (12/14/09) Luis Miguel Diaz President Obama decided to send 30,000 troops to Afghanistan in the next six months and then begin pulling them out a year after. He overlooked negotiation and mediation as effective options to end the war. He insists on what does not function to humanly end a war: war intensification. 5 Comments
Negotiators And Snipers: On Strategies For Managing Piracy On The High Seas---And Elsewhere (5/13/09) Robert Benjamin Few international incidents end with the successful finality and clarity as did the rescue of the Maerske ship Captain, Richard Phillips, from
the clutches of Somali pirates in mid April. Three clean kill shots
by U.S.Navy snipers settled the stand-off. Most people in the Western world felt relieved and good about the outcome. Maybe assassination was warranted. Clearly, piracy cannot be tolerated. However, the pursuit of both negotiation and assassination strategies at the same time is troublesome and may be costly in the longer term. If negotiation appears to be merely a pretext for snipers' to act, then will the trust essential for successful negotiations be lost in future negotiations? 15 Comments
Moore, Chris: Changes in World Conflict - Video (5/10/09) Chris Moore Chris Moore shares his opinion on how world conflict has gone down in some arenas, but in others it has not, as new issues for dispute resolution have arisen. Also, he describes how the field has been more effective at the grassroots level than at a global level.
Lincoln, Bill: International Mediation Training - Video (3/15/09) Bill Lincoln Bill Lincoln describes his work in Afghanistan trying to implement mediation courses within the university and Foreign Ministry; he underscores his two points of entry into a country: the university system and the foreign ministry.
Peace After Gaza (1/21/09) Nir Pearlson The historic, strategic, and cultural positions of Palestine and Israel make it impossible to achieve a Mid-East solution without committed and intensive outside involvement. The new American leadership under President Obama, who exemplifies the power of hope over fear, is positioned as no prior leadership to move Israel and Palestine into negotiating and achieving peace. 2 Comments
The Guerrilla vs. The Humanist Negotiator (3/09/08) Robert Benjamin This provocative article discusses and contrasts a hard-edged approach to negotiation with the recalcitrant Iranian administration that is in stark contrast to the more prevalent view of negotiation as a humanistic and rational enterprise. This goes to the heart of how negotiation and mediation are practiced, not just on a geopolitical level, but in all dispute contexts.
Like it or Not, the United States and Iran are Partners: Seven Principles for Moving Forward Negotiations (2/27/08) Bill Lincoln, Robert Benjamin, Polly Davis and Seth Kane There is a point to be made and not to be forgotten: Conflict adversaries such as the United States and Iran are indeed the partners which each other needs and seeks if they are to prevent, manage and resolve dysfunctional conflict. While the nuclear issue is seemingly the focal point of the conflict, in reality it is the overall US-Iranian relationship that must be addressed if stability and real security is to be achieved in the region. 5 Comments
Mediation Gaining Momentum in Israel (1/23/08) Keith Seat
Mediation in Israel has developed momentum over the last year, since the Justice Minister approved implementation of a mandatory court-annexed mediation program to begin in March 2008. The pilot program in the magistrate courts of three cities will require parties in civil cases above a certain size to participate in a mediation session prior to going to trial. The court is proceeding carefully with the mandatory program, and is seeking to learn from mediation programs in courts around the world, noting that there are substantial differences in approach between common law jurisdictions (such as the U.S. and U.K.) and civil law jurisdictions (such as Continental Europe).
Conflict, Mourning And Aesthetics (What Happens When History Does Not Pass?) (1/21/08) Dorit Cypis Aesthetics, the philosophy of questioning the integrity of form, offers brilliant tools for how to see, question, disassemble, reform, reframe, speculate and unknow. Aesthetics thrives on conceptual, formal, structural, perceptual and experiential conflict, needing to undo in order to see anew, displace in order to revise meaning, obscure in order to seduce, rupture in order to reveal the sublime....all this intentionally in the name of change. Aesthetics does not distinguish in value between chaos and order, form and formlessness, meaning and nonsense and as such can easily find its way around and between the disruptions, internal and external, psychological and political, of conflict.
Seeking Common Ground, Muslim Leaders Reach Out to Christians (10/17/07) Keith Seat
An open letter from 138 leading Muslims to worldwide Christian leaders calls for cooperation to create peace and understanding, by emphasizing the common foundation between Muslims and Christians (and Jews) based on key shared commandments of love of one God and love of neighbor. The 29-page letter dated October 13 seeks more than “polite ecumenical dialogue” between religious leaders, because the future and perhaps survival of the world is at stake, and concludes by urging peace and harmony, with mutual respect and goodwill. The Islamic unity shown in the letter is notable, with influential signatories from the Sunni, Shi’a, Salafi and Sufi traditions. While the letter appears to present opportunities for dialogue and interaction, no specific response or next steps are proposed.
ADR and the Talmud (4/30/07) Jay H Isenberg The article is a description and celebration of the parallels between the ADR process and that of Talmudic study. Both are characterized by intense investigation and interpretation of the material while immersed in the duties of study and/or facilitation and evaluation. The author goes on to challenge the "grip of the Orthodoxy" as the gatekeepers to entry into these processes and advocates for a more inclusive and expansive approach to conflict prevention and resolution in the construction industry. 2 Comments
Mediation Consistent with Tenets of Koran, According to U.S. Judge (8/24/06)
U.S. Ninth Circuit Judge J. Clifford Wallace stated recently in Pakistan that he believes use of mediation is consistent with the requirements of the Koran. Discussing difficulties facing judiciaries around the world, Judge Wallace emphasized mediation and its success in most of the 50-60 countries in which he has worked. Judge Wallace noted the potential for mediation in Pakistan and praised Pakistan’s Supreme Court Justice Jillani for his promotion of alternative dispute resolution.
Should We Negotiate with Hamas? Interview with Former Israeli Foreign Minister Shlomo Ben-Ami (3/05/06) Robert Benjamin The prevalent view about negotiation with Hamas is to take a tough stance. This is an interview with former Israeli Foreign Minister Shlomo Ben-Ami who thinks otherwise. He thinks we can do business with Hamas and we can negotiate. Here are Mr. Ben-Ami's pertinent comments drawn from a debate between him and another expert on the Israeli-Palestinian history, Norman Finkelstein, sponsored by Democracy Now, and moderated by Amy Goodman on February 14, 2006. 3 Comments
Does Israel Need A National Program of Healing and Reconciliation? (11/28/05) Jonathan W. Reitman The recent disengagement from Gaza was traumatic for Israeli society. It deepend divisions in a society already deeply polarized. It served to escalate the harshness of public discourse in a country already riven by derisive rhetoric. This article examines those divisions and proposes a National Program of Healing and Reconciliation for Israel, which just might have a dramatic impact on Palestinian society as well. 1 Comment
The Middle East: Separating The People From The Problem (3/14/05) Meg Anderson To deal with “people problems” generally, Fisher and Ury council acknowledging the emotions, allowing people to let off steam, and not reacting to emotional outbursts. But what happens when the emotions are so vitriolic that the outbursts are literally murderous? What happens when a pattern of violence is established that is so dire, and so long standing, that factions form on both sides who will kill their own leadership before they will permit any negotiation with their despised enemy to succeed? How is conflict transformation possible in this climate of perpetual animosity and outright warfare? 3 Comments
The Iraq War and Mediation? (11/22/04) John Willis In the recent letter, a citizen has raised several important points regarding the war in Iraq. Noting that the U.S. essentially is fighting the war alone, without allies, this person suggested that “mediation is the only channel which will allow the U.S. to gain support with former allies and end this daily slaughter of human life.” Let’s follow the order of the elements mentioned in turn: mediation, support of former allies, and ending the war. 3 Comments
Mediating Evil, War, and Terrorism: The Politics of Conflict (11/11/04) Kenneth Cloke We require improved understanding, not only of the conflict in politics, but the politics in conflict. As our world shrinks and our problems can no longer be solved except internationally, we need ways of revealing, even in seemingly ordinary, interpersonal conflicts, the larger issues that connect us across boundaries, and methods for resolving political conflicts that are sweeping, strategic, interest-based, and transformational. A clear, unambiguous reason for doing so occurred on September 11, 2001. 2 Comments
Framing GABI as GRIT in the Middle East (7/05/04) Joshua N. Weiss In the past few months much has transpired in the conflict between the Israelis and Palestinians. Most of it has continued to be destructive, frustrating, and down right depressing for all involved. So, what does it all mean? Without being coy, it depends on where you sit and why you sit there...in short, it depends on framing.
A Firsthand View of the Middle East: Lessons Of Mediation Provide Insight (7/05/04) Jeffrey I. Abrams At the end of last year, I visited Kuwait, Israel, the West Bank,
and Jordan as part of a 50-person U.S. delegation to the Middle
East led by former Ambassador Dennis Ross. Over a period
of 10 days, our delegation met with a king, three prime ministers, and
a host of high-ranking government and military officials to discuss the
major topics of the day, including Israeli-Palestinian relations. As we met with leaders
such as King Abdullah of Jordan, Prime Minister Ariel Sharon of Israel,
and Prime Minister Abu Ala of the Palestinian Authority, I was struck
by how much my experience as a professional mediator affected my
perspective about the seemingly irresolvable dispute between Israelis
and Palestinians. 3 Comments
Reframing Solutions To Middle East Conflicts (5/05/04) Paul Wahrhaftig “Ho hum, here we go again,” I was thinking as I sat at a dining-room table with a group of Palestinians and Israelis discussing the prospects for peace in their respective homelands. The animated discussion centered on trying to persuade each other that a single state solution is better or more attainable than a two state solution, or visa versa. One participant began to poll the group on this question. “Would a Palestinian State along side of Israel be attainable or desirable? Would a single secular state encompassing both populations be better?”
A Middle East Union: A Two-Stage Solution To The Israeli-Palestinian Conflict (5/05/04) Jeff Halper Since the 1980s the Palestinian leadership, most Palestinians in the Occupied Territories, the Israeli peace movement and a growing majority of Israelis have advocated a two-state solution to their interminable conflict. There exists yet another option, far less elegant, much more difficult to present in a sound-byte. That is an evolutionary “two-stage” conception in which two states, Palestine and Israel, eventually join in a bi-national federation that in time will include Jordan, Syria, Lebanon and ultimately Egypt and other countries of the Middle East – a Middle East Union. A win-win approach, it rests on the balance between national sovereignty and the freedom to live and work regionally that underpins the European Union. 9 Comments
Bridging the Gap: Proposals and Precedents for Third Party Involvement in the Israeli-Palestinian Conflict (5/05/04) Tom Smith This briefing paper will discuss past examples of
dispute resolution mechanisms in the Middle East, demonstrating how
accumulated experiences in the region already provide
useful tools for the international community in helping
resolve this conflict. Five different roles for a third party in
situations of conflict will be examined and examples of
their application in the region will be provided. The
relevance of these roles for use in the present context will
then be discussed, and the political obstacles to their
implementation considered. 3 Comments
Is Negotiation Still the Solution in the Middle East? (4/07/04) Manie Spoelstra After the death of Sheikh Ahmed Yassin, a prominent Hamas leader, on March 22nd, (aged about 66) at the hand of the Israel military and the resultant further escalation of violence, one can rightfully pose the question: “Does negotiation still provide any solution in this crisis”? 9 Comments
Incrementaled to Death: Peacemaking in the Middle East (7/28/03) Joshua N. Weiss This article challenges the recurrent approach to peacemaking in the Middle East conflict between the Israelis and Palestinians. It suggests that the slow incremental approach, while designed to build trust between the parties, does not do that due to spoilers and has been tried and failed. This will happen again because neither population sees any progress on the core of the conflict. An alternative, more radical approach, employed in other conflicts is suggested to break this ineffective approach in this specific conflict. 6 Comments
Interview with Bill Lincoln (3/14/03) Ana Schofield Bill is a source of inspiration for many and is undoubtedly one of the ‘unsung heroes’ of this profession. Bill, at 62, has spent much of his life dealing with the complexities of conflict. His courage to go into dangerous situations is found where peace and justice are absent. Bill places his words and actions where his heart lies and risks his life for his beliefs. While he may be afraid, he goes ‘on anyway’. How many people today are willing to face fear with the courage of a warrior armed with words instead of weapons? 4 Comments
Where Is The Wisdom? (3/03/03) Stewart Levine A chilling wind is blowing. As I write it is sending shivers of fear through my body. These shivers make me profoundly aware of the terror our founding fathers had suffered, and why they held freedom of expression as bedrock for the democratic union they conceived.
Why Has Negotiation Gotten a Bad Name? (2/24/03) Joshua N. Weiss You can't negotiate with terrorists! You can't negotiate with rogue states
like Iraq and North Korea that would be rewarding their threatening and
bad behavior! You wouldn't negotiate with Hitler would you look what
happened to Chamberlain! 5 Comments
Reckless Administration May Reap Disastrous Consequences (2/18/03) US Senator Robert Byrd We stand passively mute in the United States Senate, paralyzed by our own
uncertainty, seemingly stunned by the sheer turmoil of events. Only on the
editorial pages of our newspapers is there much substantive discussion of
the prudence or imprudence of engaging in this particular war. Senate Floor Speech delivered on Wednesday, February 12, 2003. 7 Comments
A Wish For The Future (12/21/02) John Paul Lederach I have a wish for a gift given from our generation to our great grandchildren, from the adults of this decade to the children of the end of this Century: Let this be the decade remembered as the time when the beginning of the end of human warfare happened. 7 Comments
5/24: Mediation plays vital role in preventing conflicts, settling disputes – UN read 5/22: Saudi Arabia: New Arbitration Law In Saudi Arabia – A Major Development For Commerce In The Kingdom read 5/12: Syria frees Turkish journalists after Iranian mediation read 5/08: Yoram Ettinger: The Problem with US Mediation read 5/04: UN-Arab League mediation process for Syria crisis 'on track,' says official read 3/19: Experts Sent by Annan Arrive in Syria read 3/12: Syria Crisis: Kofi Annan Feels Mediation Mission Is On Track read 3/08: Jon Stewart Tries to Mediate the Iran-Israel Conflict read 3/07: China backs mediation efforts on Syrian crisis read 3/03: Kofi Annan to Mediate Syria Crisis; Urges Assad to Engage read read all
