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Understanding Bercovitch's Contingency Model of Mediation

Written by Abbas Ismail on 01 May 2024

Figure: Retrieved from Bercovitch & Langley, 1993

Mediation is a complex and dynamic process, particularly in the context of international conflicts. Jacob Bercovitch’s contingency model of mediation from the year 1993 provides a comprehensive framework for understanding how mediation can be effectively tailored to the unique characteristics of each conflict. This model highlights the interplay between the Context (nature of the conflict, nature of the parties and mediator involved), the Process (mediators’ strategies), and the Outcomes. The contingency model is particular useful for analysing conflicts marked by mutually hurting stalemates, where the conflicted parties are suffering due to the ongoing conflict and are potentially open to cooperation.

1. Context

This encompasses the broader circumstances and factors surrounding the conflict, including the nature of the parties involved, the characteristics of the dispute, and the nature of the mediator. Understanding the context is crucial as it sets the stage for mediation efforts and shapes the dynamics of the conflict resolution process.

  • Cultural and Historical Context: Understanding the cultural and historical background of the conflicting parties is crucial.
  • International and Regional Environment: Geopolitical dynamics and the involvement of external powers can also impact mediation. For example, during the Cold War, many conflicts were influenced by the broader US-Soviet rivalry, complicating mediation efforts.
Nature of the Parties
  • Diversity and Complexity: Conflicts often involve multiple parties with diverse interests and backgrounds. Understanding the identities, motivations, and goals of these parties is essential. For instance, in the Lebanese Civil War, the conflicting factions included various religious and political groups, each with distinct agendas.
  • Power Dynamics: The relative power and influence of each party also affect the mediation process. In some conflicts, there may be a clear imbalance of power, which can impact how negotiations are approached and what outcomes are feasible.
Nature of the Conflict
  • Intensity and Duration: High-intensity conflicts with severe violence and prolonged duration often present more challenges for mediation. For example, the Syria conflict, with its deep-rooted hostilities and high stakes, requires different mediation strategies compared to a low-intensity border dispute.

 

  • Issues at Stake: The type of issues, whether they are tangible (e.g., territory, resources) or intangible (e.g., identity, ideological differences), also influences the mediation approach. For instance, territorial disputes might be more amenable to negotiations involving resource-sharing agreements, whereas ideological conflicts might require confidence-building measures and dialogue.

 

  • Root Causes: Effective mediation requires a deep understanding of the underlying issues driving the conflict. These may include territorial disputes, resource allocation, ideological differences, or historical grievances.

 

  • Intensity and Duration: The level of violence and the length of the conflict significantly influence the mediation process. Long-standing and highly intense conflicts often require more comprehensive and sustained mediation efforts to address the deep-rooted issues and ensure lasting peace. These efforts encompass a range of strategies and mechanisms that extend beyond initial negotiations to include long-term implementation and monitoring. Comprehensive and sustained mediation efforts could be:

 

– Multiphase negotiations: Starting with small agreements like ceasefires and humanitarian aid to build trust, involving all stakeholders to ensure all perspectives are considered.

Inclusive agreements: Addressing root causes like political power distribution and resource allocation, with power-sharing arrangements to ensure all major groups have a stake in governance.

Legal and Institutional Frameworks: Mediation efforts often result in constitutional reforms and new institutions to implement and enforce the peace agreement.

Implementation and Monitoring: This involve international peacekeeping forces maintaining security and monitoring ceasefires and demilitarized zones, while independent bodies or international organisations oversee the implementation of agreements to ensure compliance by all parties.

– Post-Conflict Reconstruction: Economic reconstruction, infrastructure development, social programs to address the economic roots of conflict, and reconciliation processes like truth and reconciliation commissions to heal societal wounds and promote unity.

Continuous Dialogue: Ongoing dialogue between parties addresses emerging issues and adjusts agreements to changing circumstances, while continued international support provides necessary resources and pressure to sustain the peace process.

Nature of the Mediator

This refers to the characteristics, attributes, and behaviour of the individual, state or organisation facilitating the mediation process. Understanding the nature of the mediator is essential as it influences the dynamics and effectiveness of the mediation efforts. A skilled, neutral, culturally sensitive, and ethical mediator can facilitate constructive dialogue, promote understanding, and help parties reach mutually acceptable agreements.

Key aspects related to the nature of the mediator are:

  • Neutrality and Impartiality: Effective mediators maintain neutrality and impartiality, avoiding bias towards any party to ensure perceived fairness and trustworthiness. Yet, strategic partiality can sometimes lead to a more favourable resolution; for instance, in peace negotiations between unequal parties, a mediator siding with the weaker party can balance power dynamics and foster a more equitable agreement.

 

  • Expertise and Competence: Mediators possess the necessary expertise, skills, and knowledge relevant to the conflict at hand. This includes understanding the cultural, political, and historical context of the conflict, as well as possessing mediation techniques and negotiation skills.

 

  • Flexibility and Adaptability: Mediators are able to tailor their strategies and techniques to suit the unique characteristics and dynamics of each conflict situation. Flexibility allows the mediator to respond to changing circumstances and challenges throughout the mediation process.

2. Process

Process refers to the strategies, tactics, and actions employed by the mediator and the conflicting parties during the mediation process. The mediation process determines how parties engage with each other, negotiate, and ultimately reach agreements or settlements. Effective mediators adjust their strategies based on the conflict’s nature. In high-stakes conflicts, mediators might need to employ pressure tactics or leverage incentives to bring parties to the negotiation table. Different mediation strategies could be:

  • Facilitation: involves guiding and assisting the conflicting parties in their negotiation process without actively participating or imposing solutions. The mediator acts as a neutral facilitator, helping parties communicate effectively, identify common ground, and develop their own solutions to the conflict.

 

  • Formulation: involves actively shaping and proposing potential solutions to the conflicting parties based on the mediator’s analysis of the situation. The mediator takes an active role in developing proposals and encouraging parties to consider them as a basis for negotiation.

 

  • Manipulation: involves influencing the negotiation process and outcomes to favour one party’s interests over the other. Or mediators might resort to coercive measures like threats, deception, or manipulation of information to pressure both parties into accepting certain terms.

 

  • Proxy-mediation: involves mediating indirectly through a third party or intermediary who represents the interests of one or both conflicting parties. The mediator acts as a proxy for the primary parties, conveying messages, facilitating communication, and negotiating on their behalf.

3. Outcome

Outcome refers to the results, consequences, or resolutions achieved through the mediation process. The outcome of mediation determines the extent to which the conflict is resolved, mitigated, or managed, and whether lasting peace and stability are achieved.  Examples are: ceasefires and agreements; confidence-building measures; long-term Peace and stability.

Refrences and Further Readings: 

Bercovitch, J., Langley, J. (1993) The Nature of the Dispute and the Effectiveness of  International Mediation. The Journal of Conflict Resolution. Vol. 37, No. 4 pp. 670-691   Published by: Sage Publications, Inc. Stable URL: https://www.jstor.org/stable/174545

Bercovitch, J., Lee, S.-M. (2003). Mediating International Conflicts: Examining The Effectiveness Of Directive Strategies. International Journal Of Peace Studies, 8(1), 1–17. Http://Www.Jstor.Org/Stable/41852891