1. Mediation and Related Approaches as Tools for IA
(and natural resource management)
Michael Brown
Professor of Practice in
Natural Resource Conflict Mediation
McGill University

2. OUTLINE OF PRESENTATION
Clarifying terminology
Mediation and related approaches – What’s involved?
Some ideas - What could be useful in IA?

3. 1. CLARIFYING TERMINOLOGY
Mediation: a process whereby a third party assists two or more parties, with their consent, to prevent, manage or resolve a conflict by helping them to develop mutually acceptable agreements
(From the United Nations Guidance for Effective Mediation)
Facilitated Dialogue: A process whereby a third party facilitates people coming together to build mutual understanding and trust across their differences, and to create positive outcomes through conversation.
(Adapted from Democratic Dialogue: A Handbook for Practitioners, 2007)
Both use 3rd party impartials
Both involve similar approaches, skills, tools
Both --> 'mediation-related approaches'

4. 2. MEDIATION (AND RELATED APPROACHES):
WHAT’S INVOLVED?
Why Finland ?
4-phase framework from UN Guidance for Effective Mediation
Phase I:
Assessment
Phase 2
Design
Phase 3
Mediation
Phase 4
Implementation

5. Parties & stakeholders Broader context Resource governance frameworks
Phase I:
Assessment
Purpose: To assess conflict dynamic to determine whether mediation is appropriate and likely to reach agreement
Assess things such as :
Issues
Parties & stakeholders
Broader context
Resource governance frameworks
Feasibility of a mediation process
...
About conflict analysis, stakeholder mapping & mediation assessment

6. Address things such as : Goals & objectives
Phase 2:
Design
Purpose: To agree on the process and establish the best possible conditions for a successful mediation.
Address things such as :
Goals & objectives
Parties - Who should & shouldn’t be involved?
Multiple / complementary processesses needed?
Mediator(s) - What profile?
Procedural matters
Structure of negotiations & agenda items
...
About designing a legitimate and effective mediation process

7. Focus on things such as : Clarify issues
Phase 3:
Mediation
Purpose: To reach a mutually acceptable agreement (and ideally strengthen relationships and move towards greater collaboration).
Focus on things such as :
Clarify issues
Investigate alternative solutions
Identify possible elements of an agreement
Achieve agreement and get ratification from relevant constituencies
...
About mediating the parties through differences and complications to reach an agreement
About facilitated dialogue - the parties can work collaborative on sensitive issues/problems to identify next steps

8. Focus on things such as :
Phase 4:
Implementation
Purpose: To ensure implementation of an agreement is as smooth as possible, increasing its sustainability and durability.
Focus on things such as :
Use grievance and dispute resolution mechanisms
Maintain focus on relations and trust between the parties
...
Ensuring implementation is as important as reaching the original agreement (or more important!)

9. 3. IDEAS - WHAT COULD BE USEFUL IN IA?
Use of a third-party impartial (in general)
A few specific tools and approaches
Process design and management
Assessment tools (conflict and stakeholder assessments)
Approaches to collect & analyze information that generate trust
Monitoring and follow-up mechanisms
Situations where mediation-related approaches may be most useful
Contentious and/or complex projects
Projects that significantly affect or involve different culture groups (where relations of trust are v. important)
Situations of weak governance (much of developing world)

10. THANK YOU

11. UN NATURAL RESOURCES MEDIATION GUIDE
Background Need:
NR conflicts fall through cracks in intn’l system
Mediation underused for NR conflicts
Mediation v. suited to NR conflicts (technical & political)
Based Upon:
Decades of hand-on experience
Lessons consolidated from 40 mediation experts
Available online: