Methods of Third-Party Intervention - Berghof Handbook for Conflict ...

Fisher
Most forms of mediation in domestic settings, at least in North
America, enjoy reasonable rates of success, usually above fifty per cent in
terms of settlement rates. Overall satisfaction with mediation and
compliance with agreements are also moderately high in absolute terms,
as well as in comparison to traditional methods of management. The
overall sense is that mediation works, and that it is usually well-received
and cost-effective in comparison with authoritative and adversarial
alternatives, such as litigation in the court system.
At the international level, however, studies of mediation
effectiveness in achieving settlements show far more mixed results, with
settlement rates varying from around ten to approximately fifty percent,
depending on the measure of success used and the cases of intervention
studied. Sadly, mediation success in protracted civil wars of an
ethnopolitical nature is especially low, in the order of ten to twenty
percent. Here, there appears to be a level of intractability associated with
identity conflicts that have escalated to widespread violence, which is
particularly resistant to intervention efforts.
The practice of third-party consultation is much less developed
and less frequently employed than is mediation in intercommunal or
international disputes. Nonetheless, my recent review of three decades of
unofficial third-party interventions yielded generally positive results, at
least according to the case analyses of the interveners (Fisher 1997). An
assessment of the outcomes of a variety of problem-solving workshops
and similar interventions shows evidence that the vast majority do indeed
make a positive contribution to conflict resolution. Specifically, fifty-eight
percent were seen as having a positive influence on or making a tangible
contribution to the wider peace process, while twenty-six percent made
tangible contributions to negotiations in terms of analyses, formulations,
or frameworks. These initial results support the expanded use of
interactive conflict resolution both in its own right and as a
complementary activity to official peacemaking.
IV.6 The Ethics of Intervention
The question of the ethics of intervention at both the individual
and institutional levels is both a political and a practical matter. At its
root, it involves the way in which moral and ethical principles are
translated into guidelines for practice and from there into assurances to
be provided to those affected by one's work. Ethics is not simply a matter
of do’s and don’ts; it is impossible to formulate simple prescriptions
which will govern all situations. Rather, it is best understood as an
ingrained part of the identity of individuals and organizations. Those who
presume to intervene in the lives of others, especially in critical situations
of conflict, need to consider very consciously the moral and ethical
consequences of their actions. As with the law, ignorance is no excuse.