Transforming conflicts and building peace through mediation

This book has its roots in the Mediators Abroad Project. This project began as a dialogue between some of the participants at the second Asia-Pacific Mediation Forum (APMF) conference in Singapore in 2003. On their return home, these participants reflected on their activities as ‘mediators abroad’. Conversations continued and ideas were further developed at the third APMF conference in Fiji in 2006. The project came to fruition at a meeting of researchers at the Hawke Research Institute’s Centre for Peace, Conflict and Mediation at the University of South Australia in 2007. The aims of the project and this book are threefold: first, to challenge dominant Western constructs of mediation and approaches to training mediators in the AsiaPacific region; second, to encourage the use of reflexive, transformative approaches that incorporate the cultural traditions, values and perspectives of the communities involved; and third, to work within a framework of social justice and human rights that build sustainable peace. Most of the contributors to this book have been involved in some way in

introducing mediation or training mediators in various countries in the Asia-Pacific region. The first three chapters lay the theoretical foundation for the book, highlighting the links between mediation and peacebuilding, and the following two parts focus on critically examining traditional mediation practices in different countries in the Pacific Islands and in Asia, including case examples. What is the motivation for contributors to this book? Fundamentally, it is

the belief that mediation, used wisely, can transform conflicts and build peace. Relationships between and within groups and individuals form the basic building blocks of a flourishing society. Yet, undoubtedly, conflicts and disputes are a normal part of relationships and decision-making processes. Conflict can be positive and healthy and is necessary for good decisions to be made and for positive change, learning and intimacy to occur. Conflict itself is not the problem; it is the destructive or inappropriate way that conflict often is handled that prompts people to seek a mediator. While it is not always possible or desirable to mediate in situations where there is extreme violence or imbalances of power, the contributors to the book see the need to seek better solutions than those that lead to protracted legal disputes, violence

or full-scale war. In this book we argue that at all levels of society mediation has the potential to transform social relationships and build lasting peace. However, we challenge the tendency for dominant Western discourses on mediation to marginalize, subordinate the ‘other’ and undermine the dispute resolution knowledges and practices of indigenous or multiple cultural groups in the Asia-Pacific region. The key assumption underpinning this book is that the constructive man-

agement of conflicts anywhere in the region will contribute to transforming those conflicts and building peace in a way that will benefit the region as a whole. The business of conflict management transcends national borders. Increasing our understanding of the cultural dimensions of conflicts and transforming our approaches to mediation so that they are more inclusive of otherwise marginalized voices, will enhance economic, social and political exchanges within countries and across national boundaries. We are living in a time of escalating conflict and crisis. Globally, there is

now more emphasis on freedom, choice and individualism emanating from narrowly defined Western rights-based constructs, and such narrowness has ramifications for communities with cultural values that clash with these values. As increasing numbers of cultural, religious and ethnic groups define or redefine their identities and assert their rights, we are made increasingly aware of the many ways in which our international and national policies are embedded within cross-cultural relations that involve stereotyping, conflicting values, misunderstandings and oppression. There are no universal answers that respond easily to all cultural conflict, but there are some general principles of mediation and peacebuilding that can be contextually applied. All societies have mechanisms for managing and dealing with conflicts and

for bringing to account those whose disputes impact on social cohesion and the structure of the group or society as a whole. Further, the increasingly interdependent nature of relationships between groups and nations, especially in the highly culturally complex environment that exists in the Asia-Pacific region, requires a high level of sophistication in the identification of possible conflicts, and in the development and dissemination of appropriate knowledge and skills to prevent, manage, resolve or transform those conflicts in order to build peace. This book contributes to this process of understanding. In Chapter 1, Dale Bagshaw challenges the Western constructs of media-

tion that currently dominate multicultural Australia and are being introduced in Asian and Pacific countries. She argues for constructs of mediation to be transformed to more inclusive approaches to mediation that build on the strengths of local practices and that are situated within broad social justice and human rights frameworks. Links between conflict transformation, mediation and peacebuilding are made. The chapter offers a critique of an overemphasis by Western mediators on process and outcome to the neglect of imbalances of power, prevalent injustices or human rights abuses. The implications of the challenge for mediators who are training mediators abroad and for peacebuilding in the Asia-Pacific region are highlighted. This chapter sets

general parameters for the book in dealing with mediation, transforming conflicts and peacebuilding. Chapter 2 concentrates on elaborating how ‘peacebuilding’ is used

throughout the book. Elisabeth Porter and Danielle Every develop four themes. First, they outline changing views on peacemaking, peacekeeping and peacebuilding to explain the inadequacies of restrictive views of peacebuilding that limit it to the post-conflict reconstruction stage. Second, the authors argue that in order to address root causes of conflict and injustice, peacebuilding involves rich, diverse and broad processes of building peace at all stages of conflict. Third, the chapter emphasizes the importance that mediation plays as one aspect to building peace. The understanding of mediation developed in this chapter challenges orthodox notions of neutrality to posit an engaged form that transforms the nature of relationships. The fourth theme highlights examples of mediation by women peacemakers who work in everyday, informal settings to transform conflict and build peace. In addition to mediation and peacebuilding, approaches to different cultures

warrant reconsideration. In Chapter 3, Toni Bauman presents a strong critique of the treatment of culture as constituting unchanging, absolute truths that confirm stereotypical beliefs, ideas and practices. Rather, she argues that culture comes into being intersubjectively in relationships with others. In mediation contexts, relationships between and amongst mediation parties and the mediator are dynamic and negotiated in embedded, ever-changing conditions. This chapter presents a powerful analysis of ways of viewing intercultural mediation and peacebuilding in relation to claims of native title for Aboriginal Australians and offers a passionate plea for intercultural practitioners to envision new interrelationships for divergent Aboriginal subjectivities. After having established some key theoretical considerations of mediation,

peacebuilding and culture, the case studies begin, starting with the Pacific Islands. Graham Hassall’s focus in Chapter 4 is on the mediation of public disputes in Fiji. Considerable attention is given to providing background detail on the conflict in the Fiji Islands. Eight different dialogue mechanisms that have been utilized in Fiji are explored. These include the constitutional, political, governmental, parliamentary, judicial, civil, religious and cosmopolitan. Reasons why these mechanisms have not incorporated successful mediation are offered. Chapter 5 presents a fascinating analysis of facilitated mediation work-

shops between an Australian university and Australian government aid partnership and the Council of Chiefs in Vanuatu. The chapter highlights mediation/peacebuilding workshops which are designed to facilitate culturally specific forms of mediation processes in Vanuatu. These traditional forms of mediation are holistic and based on traditional values, metaphors, practices and language in which emotions and spirituality are integrated. Polly Walker and Chief Selwyn Garu delve into the intersections between Western and traditional mediation processes, through exploring first-hand accounts of

mediation and peacebuilding expressed predominantly through the voice of Chief Selwyn. Connections between mediation, effective governance and sustainable peace are made. Historically, Papua New Guineans engaged in a system of payback in order

to resolve conflicts that occurred between village residents, communities and cultural groups. During Bougainville Island’s struggle for autonomy from mainland Papua New Guinea, the payback system was the preferred approach to resolving conflicts. In Chapter 6, Alan Campbell explores moves toward peaceful approaches to resolving conflicts within Bougainvillean communities and between Bougainville and Papua New Guinea. The chapter examines initiatives by Islanders, particularly women, to advance Bougainville’s peace movement. It considers how mediation and restorative approaches were adapted to fit with a culture that had been deeply affected by long-term civil war. The case studies in the book move from the Pacific Islands to Asia. Chap-

ter 7 focuses on understanding the changing structure of the Malay family and examines traditional and religious approaches to resolving family conflict. Dale Bagshaw presents a case study of a typical Malay family conflict to illustrate family dispute resolution as practiced in Islamic institutions in Malaysia. The prime argument is that whilst it is important to respect traditional religious mediation practices, reflection on inequities of power and gender must also be incorporated so that mediation embodies both a human rights and justice perspective. Transforming conflict and building peace are difficult processes, often

fraught with tensions and moving between troughs and highpoints. In Chapter 8, Damien Coghlan presents contrasting stories of a successful development of conflict resolution processes in Cambodia with a less optimistic story of ongoing violence that permeates parts of Cambodian life. In analyzing these contrasts, Coghlan explores the nature of durable peace, offering a critique of the peace that the international community built in Cambodia. The need to respond to local governance structures and to build on local traditions in building peace is stressed. The effects of the American-Vietnam war linger. Four decades of attemp-

ted post-war reconciliation have brought slow and incomplete transformation from hostility to peace. Wendy Poussard, in Chapter 9, explores traditional concepts of conflict transformation and draws on different first-hand experiences of scenarios in Vietnam to illustrate how conflict is managed in rural villages in international projects and in diplomatic relationships. The chapter shows how local forms of mediation resolve disputes in rural Vietnamese villages and highlights the dynamics of intercultural conflict and ways to transform conflict into positive, cooperative change. Mediation and peacebuilding require an active listening that is receptive

not only to the voice of the other, but to the full gamut of emotional and spiritual cues that impact on conflict resolution. In Chapter 10, Diane Bretherton and Han Zhaoying describe their experiences of establishing a conflict

resolution program in a Chinese university. The programme is grounded in core material derived from a Western theory, but necessarily takes a distinctively Chinese path. In order to shape an approach that is a blend of cultures, the authors have listened deeply to each other and to their students. The chapter draws out some of the implications of such programmes for transforming approaches to conflict in China. In the final Chapter 11, Bruce E. Barnes and Fatahillah Abdul Syukur

discuss the role of mediation in transforming conflicts in Indonesia, the Philippines and Thailand. Considerable attention is given to providing background to the specificities of each conflict, in particular to explaining the impact that religion, politics, law and culture have in conflict resolution and mediation. The chapter concludes by offering ten suggestions that need to be considered in order for mediation to be truly transformative in conflict management and in contributing to peacemaking. The book has three main themes that flow through the chapters. First,

these chapters offer a significant challenge to dominant Western practices and ways of thinking on mediation in the Asia-Pacific region and seek to offer constructive alternatives. Second, the chapters use different examples and case studies that prioritize local, indigenous ideas and practices, utilize open styles of negotiation, listening and dialogue and are respectful of people’s dignity and human rights. Third, the contributors to this collection are all mediation practitioners and/or researchers who are deeply committed to transforming conflicts through forming meaningful connections with indigenous and local people in order to build sustainable peace with justice. Allied to this commitment is a holistic approach to mediation, including the honesty to admit when mediation has not facilitated sustainable peace.