Tasks 1-5

Cristina Tutu posted 2 years ago, 1 Responses
Task 1.
Divergent words, opposing ideas and contradictory opinions are at the basis of the pyramid that represents the conflict.  As a pyramid, the conflict will always reach a highest point. 

As we can see, the role of the Mediator in every situation is to support the individuals to reach an agreement before any disastrous collision happens or before the Court decides upon the matter contrary to what they might achieve if mediated.

The mediation, therefore, is in the benefit of both parties. The Mediator has a vital role in this. He will address the most relevant and efficient questions in order to understand himself and make some clearness in the matter. In the same time, he needs to pay attention that any agreement reached to respect the rule of law and to avoid the definitive rupture in the relationship of the 2 people.

I agree with the ideas that parties A and B will have to share their ideas each and then finally search for a solution through the Mediator’s support. 
This reminds me of the concept we learned at University, according to which: there is no ultimate truth. Each person has his own truth and his own version of the events. Therefore, in accordance to the material I’ve read so far,  it is important to give the word to each party and control the path in order to reach the final compromise through a mutual agreement.

Concluding this, I would say that mediation offers the opportunity to present these versions in a peaceful new background and in the presence of a neutral person, who will listen to each of the parties (separately or all together) involved and will present another point of view, which should help or be conclusive in reaching a final agreement fair for both parties. However, this finale may be possible only if both parties are willing to discuss and make a compromise.

Task 2.
Please sum this section up by using your own words. 
Firstly, the mediator doesn’t have to have background in the legal field. His most important abilities are the one in communication field and in human relations sphere. The Mediator in in charge with the process of mediation and he may advise the parties to search for some legal support as well. 
Regarding the Mediator’s abilities, neutrality and impartiality are equally important long with the ability to conclude with fair observations and logical deductions. 
Secondly, in the mediation process the participants’ will to reach an agreement mutually convenient is critical. Their active participation in the process is the key to the conflict resolution.
Their “cooperative attitude” is fuelled by the Mediator who will need to be able and clever in order to path the way to reach a beneficial resolution for both parties involved in the conflict.
Ideally, the parties will present themselves at the mediation meetings with the rational appreciation of the fact and enough restraint from any emotional burst. If this state Is not possible to be reached by the time of the mediation meetings, then it depends very much on the Mediator to calm the spirits when needed and set the meetings at the right time.
The preparation of the parties is in the Meidator’s hands. Often, the people in conflict are too emotional involved in order to see the right way to reach a win win agreement. Therefore, it is the Mediator that needs to establish the rules and the confines of the dialogue between the parties.
It is important that the parties see that, in order to reach an agreement, they need to see the compromise. This means for both winning and losing something and to see that the mediation is far more beneficial than a judiciary process where the Judge will decide for them outside the win-win philosophy.

Explain which points are most important to you and why they are worse to be noted.
The most important, from my point of view, is the introductory part of the meetings, where the Mediators has to set the rules of the dialogue and the confine of any agreement. Often, the parties will be at their first experience of this type. In Romania, I believe people with less education consider that a Judge rule is sacred and the involvement of a third party is seldom seen as suspicious. Therefore, from my perspective, as far as I can see, people need to be trained and explained about what is to happen, that education and decency are important while communicating their grieves and that it is in their benefit to reach an agreement during a mediation settlement than in a Court.

Task.3 Inspired by this paragraphs, the list of the competencies I can say I need to find in myself, others than the ones already achieved are: (more) self-confidence and better communication skills, which I believe are inherent to this profession and are foreseeable to be achieved along the practice and experience of a Mediator.
Tranquillity, calm and discretion are abilities which I have already achieved during my professional experiences. 
I also believe sharing from our experiences may be beneficial in order to develop more and better skills and this can be reached during meetings with other colleagues from the same branch at local and international level. 
Task 4 
The first person that comes into my mid as a Peace messenger is Pope Francesco for whom I have the utmost admiration. I believe his word of pray is also a word to motivate leaders in different conflict to reach peach and to be empathetic with victims’ pain and sufferance. He is listen at globally level and he reminds in every speech how important is the tolerance and empathy. Pope Francis is a modern mediator through his involvement in the current conflicts and his powerful messages that reach also the highest leaders/politicians.

Task 5. 
The conflict managers list:
1.	Firstly, I would say that the Presidents during Covid crises are the newest conflict managers. The recent situation has raised a conflict in each country as the measures imposed were not easily accepted by everybody as financial and economical consequences put people lifes and jobs at risk. In fact, many businesses were closed and thousand of people remained without jobs. In this situation, the Presidents had the hardest responsability: the conflict manager.
2.	The European Union has to extinguish many conflicts between the EU members. Usually, rappresented by the European parliament President during monthly gatherings, the conflict manager in this case has to listen each MEP (member of the European Parliament) opinion in different situations submitted to debates.
3.	Another example is the UN. United Nations mediation had resolved different international conflicts through a strategy based on peaceful negotiation and communication. One example is the one in Western Sahara. UN helped establish a cease-fire between Morocco and Frente Polisario and the implementation of the Settlement Plan. It hasn’t achieved the main goal of holding an independence referendum in Western Sahara but succeded in ending the direct conflict. 

Dear Cristina,

thank you for these reflections and insights. I hope you see and feel the benefit of digging deep in your inner person’s understanding.

BR, Daniel