MA, School of Social Sciences, Faculty of Humanities, University of the Witwatersrand / This paper studies the North Korean Six-Party Talks This negotiation concerned the denuclearisation of North Korea. This is the overarching goal of the Six-Party Talks – to get North Korea to denuclearise. However, each party has their own personal objective that they would like to achieve. The paper discusses the negotiation process by looking at the strategies utilised by the members to achieve their outcomes, as well as the intervening variables (culture and environment) that affect the strategy and outcome of talks. However, the goal of this paper is to design a model based on the Six-Party Talks to simulate future negotiated outcomes. The paper does not purport that the Six-Party Talks is successful, as this cannot be claimed until the talks come to a close. What it does argue is that the talks have achieved a measure of success, proven by the achievement of two agreements and its continuance. Therefore, the paper believes that the Six-party negotiation is moving towards success. With that said, the paper examines the applicability of the model by discussing it with regards to the minor case study, Iran. This paper is distributed into six sections. Section One, is the Introduction, it situates the research problem. Section Two and Three, is Chapters One and Two respectively. Chapter obstacles to negotiating. Section Four and Five, is Chapters Three and Four respectively. Chapter Three is dedicated to the main case study the North Korean Six-Party Talks, it looks at the context in which the talks are occurring, as well as the delegates involved and their objectives for the negotiations. It then discusses the strategies used in the negotiation and then depicts the model. Chapter Four focuses on Iran, discussing the context of talks with Iran by the various concerned parties and following this is the discussion of the model with respect to Iranian talks. The Sixth and Final section, Section Six is the Conclusion which draws a close the discussion of the Six-Party Talks. One explores negotiations, from the definition of negotiation to the theories applied in negotiation. While, Chapter Two discusses negotiation strategy, by looking at the styles and tactics used in negotiations, as well as the influence of culture on negotiations and the that began in 2003 and are still ongoing.

The creation of durable peace following armed conflicts has been widely researched from a variety of perspectives. There is much less research, however, concerning when and why mediation can produce durable peace because most mediation research focuses on achieving a short-term success as indicated by the creation of a new peace agreement. This is an exploratory study which examines several factors considered to be important for the creation of durable peace. This study finds that the two most important factors are the power dynamics between the parties and the management of spoilers. Moreover, this study finds that these two factors are interlinked inasmuch that changes to the parties' levels of power can facilitate the emergence of spoilers. These findings are based on the systematic examination of mediation in four cases of armed conflict by utilizing a modified contingency model of mediation which is tested against the mediations conducted in the 1973 Egyptian-Israeli war, the Bosnian war, the third Angolan war, and the first Chechen war. This study argues that a well-designed agreement can shift the power dynamics between the parties so that their struggle for power will not take violent forms, and it can help prevent the emergence of new spoilers because it does not favor one party more than the other. Well designed agreements can be created even when the balance of power between the parties is unequal, and efforts to further weaken the already weaker party should be avoided because it can contribute to the emergence of spoilers from within the disputing parties. An original model for durable peace which accounts for these new findings is then developed. This model argues that to create durable peace mediators must produce good agreements that are balanced and channel the struggle for power into nonviolent mechanisms and processes, and manage the spoilers who threaten the peace.

Thesis (Ph. D.)--University of California, San Diego, 2006. / Title from first page of PDF file (viewed October 11, 2006). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references (p. 304-315).

This (diploma) thesis aims to introduce alternative dispute resolution within international business relationships and it subsequently focuses on one of them, which is mediation. This topic was chosen with regards to its recency and an evolving trend of alternative dispute resolution both in Czech Republic, and abroad. The thesis is divided into eight chapters. Introductory chapter introduces the issue of ADR, their characteristics, advantages and the division. The second chapter focuses on the definition of business relationships, international business relationships and suitability of application of ADR in these cases. The third chapter is dedicated to the characteristics of individual types of ADR such as negotiation, conciliation, collaborative law, arbitration, med-arb, medaloa, minitrial and expertise and their mutual comparison. The fourth chapter is devoted to the legislation of ADR within Czech Republic and subsequently to the international legislation of ADR. The fifth chapter focuses on mediation, its characteristics, definition, its forms, history and both national, and international legislation. The sixth chapter aims to introduce mediation within private international law. In the seventh chapter the mediator is characterised by using the comparison of the Czech and Austrian...

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This thesis aims to introduce alternative dispute resolution within international business relationships and it subsequently focuses on one of them, which is mediation. This topic was chosen with regards to its recency and an evolving trend of alternative dispute resolution both in Czech Republic, and abroad. The thesis is divided into eight chapters. Introductory chapter introduces the issue of ADR, their characteristics, advantages and the division. The second chapter focuses on the definition of business relationships, international business relationships and suitability of application of ADR in these cases. The third chapter is dedicated to the characteristics of individual types of ADR such as negotiation, conciliation, collaborative law, arbitration, med-arb, medaloa, minitrial and expertise and their mutual comparison. The fourth chapter is devoted to the legislation of ADR within Czech Republic and subsequently to the international legislation of ADR. The fifth chapter focuses on mediation, its characteristics, definition, its forms, history and both national, and international legislation. The sixth chapter aims to introduce mediation within private international law. In the seventh chapter the mediator is characterised by using the comparison of the Czech and Austrian legislation. Final...

Ilgai trunkantis konfliktas tarp Izraelio ir kaimyninių arabų valstybių yra procesas, įtraukiantis vis naujus tarptautinius veikėjus, kurie mėgina pritaikyti įvairias strategijas ir metodus, galinčius nulemti šalių sutarimą tokiu būdu, kad jis būtų naudingas ne tik konfliktuojančioms šalims, bet ir tarptautiniu mastu, sukuriant taikią aplinką regione. Tarptautinis tarpininkavimas yra vienas iš dažniausiai naudojamų derybų metodų, kaip priemonė skirta spręsti tarptautinius konfliktus. Tačiau tai nėra vien tik empatija ir gerų norų grindžiamas procesas, tai iš esmės yra užsienio politikos instrumentas, naudojamas valstybių, norint pasiekti savo tikslų. Šiuo darbu mėginama analitiškai pažvelgti į tris realius tarpininkavimo atvejus Vidurio Rytų regione (Jungtinės Tautos, JAV Prezidentas J. Carteris, JAV kaip valstybė) ir pateikti jų išsamią analizę, remiantis tikrais įvykiais, oficialiais dokumentais ir įvairiomis monografijomis, kurios sudaro teorinį darbo pagrindą. Tokiu būdu atskleidžiama, kad tarpininkavimas visų pirma siejasi su trečiosios šalies intervencija į konfliktą, kai ši siekia palengvinti ar išspręsti nesutarimus derybų metu. Taip pat šiame darbe įrodoma, kad tarpininkavimas dar gali būti naudojamas kaip priemonė, skirta plėsti savo įtakos zonas. Pagrindinė darbo išvada - tokie veiksniai kaip konflikto šalys, jų tarpusavio santykiai, tarptautiniai veikėjai, suinteresuoti konfliktu, jų galios šaltiniai, bei tų šaltinių panaudojimo priemonės, konfliktuojančių... [toliau žr. visą tekstą] / Conflict between Israel and its neighboring Arab states is the process of increasing involvement of new international actors who are trying to adapt different strategies and methods that might lead parties to the consensus, which would be useful not only for themselves but also to international politics, creating a peaceful environment for the region. International mediation is the method of negotiations that is one of the most commonly used means of international conflict resolution. However, it is important to highlight that there is no independent international mediation theory that can justify the behavior of actors in world politics so the main problem which enforced to make this study is the lack of integral international mediation theory and its analysis. Thus, the main objective of this study is to examine the effectiveness of different mediation models and its efficiency regarding the mediation type and time perspectives. The following tasks were set to achieve the main objective of this study: • To discuss the aspects of the selection of effective solutions to conflict resolution; • Review the diversity of mediation factors; • Analyze the most important theoretical foundations of the international mediation studies, including the essential role of mediation and its types; • Find and assess the effectiveness concept of the international mediation; • Perform a comparative analysis of the types of international mediation; The study was to discuss three real... [to full text]

This thesis deals with the topic of international mediation. It starts with its theoretical concept and analyzes the individual elements of the definition of mediation, which it divides into essential and additional. It then covers the history of the mediation procedure in the ancient times and the modern approach. It also attempts to solve the confusing terminology of mediation and conciliation. In chapter two it moves on to the description of other hybrid forms such as MEDALOA, med-arb or arb-med. The third chapter describes the individual forms of mediation with focus on court mediation in particular. First, its implementation possibilities are explored, which are followed by practical examples of judicial mediation in different countries. Chapter four is devoted to the regulatory framework starting with international documents. It compares mediation rules of several mediation institutions across the world. Then it investigates the pros and cons of the European mediation directive 2008/52/ES and two codices of behavior for mediators. Finally, the last part of chapter four is concerned with Czech mediation law. It provides an outline of the Law No. 202/2012 Coll. and the newest soft law document - Codex of attorney-mediator. Information from this chapter is transferred to a comparison table for more...

Scholars have debated whether mediator impartiality or mediator interest plays a more vital role in bringing about a successful outcome. This research develops a comprehensive model that accounts for mediation occurrence and medication outcome in terms of an additive model of both mediator impartiality and mediator interest. The two channels through which mediators influence the changes of mediation and occurrence and outcome are hypothesized to be two dimensions of trust, mediator fairness and mediator capacity. This research argues 1) that mediator impartiality contributes to successful mediation outcomes by improving disputants’ trust in mediators’ fairness and 2) that mediator interest increases the likelihood of successful mediation outcomes by improving disputants’ trust in mediators’ capacity. Therefore, this research hypothesizes that the levels of mediators’ impartiality and mediators’ interest do not have individual effects on mediation occurrence and outcome. It argues, rather, that the additive level of the two variables determines the likelihood of mediation occurrence and successful outcome. The hypotheses of this research are tested using quantitative analysis of 294 interstate mediation cases carried out by states between 1945 and 1999 and qualitative analyses of the Philippines’ mediation of the Borneo dispute between Malaya and Indonesia in 1964 and Syria’s mediation of the border dispute between North Yemen and South Yemen in 1979. Both sets of analyses support the researcher’s claim that it is the additive level of impartiality and interest, rather than the individual level of both variables, that affects the chance of mediation success being achieved.

[pt] A presente dissertação faz uso do instrumental teórico da Resolução de Conflitos a fim de analisar o gerenciamento do conflito que opõe os grupos nacionalista católico e unionista protestante na Irlanda do Norte. Tal processo culminou com a assinatura do Acordo de Sexta Feira Santa em 10 de abril de 1998. A estratégia aplicada nas negociações previa a atuação simultânea em duas frentes: na elaboração de um acordo que estabelecia o compartilhamento de instituições políticas e na construção da confiança entre as partes concentrada na questão da deposição de armas pelos grupos paramilitares. Essa dissertação busca problematizar a mediação como um processo de resolução de conflitos de natureza elitista que encara o conflito como um problema essencialmente de barganha. Compreende-se que a mediação não encoraja a reconciliação entre as comunidades antagônicas e a geração de uma cultura de cooperação política, falhando em promover a confiança entre as partes e ocasionando impasses na implementação do acordo de paz. Embora a mediação tenha sido fundamental para oferecer uma alternativa política para as partes beligerantes, o conflito na região permaneceu latente com a escalada da violência em momentos cruciais de progresso das negociações. Este estudo conclui que a concretização do acordo deveu-se muito ao esgotamento da sociedade civil e ao reconhecimento das partes da impossibilidade de vencer o conflito pela via armada. Essa conclusão aponta a necessidade de se complementar a abordagem elitista com iniciativas de resolução de conflitos constituídas no seio da sociedade civil para explicar a evolução do processo de paz na Irlanda do Norte rumo à transformação do conflito e à construção de uma paz positiva. / [en] This dissertation analyzes from a Conflict Resolution perspective the process of conflict management between catholic nationalists and protestant unionists in Northern Ireland. This process ended with the signature of the Good Friday Agreement in April of 1998. The strategy employed in the negotiations presupposed a twin track approach: the elaboration of a power sharing political arrangement and the implementation of confidence building measures for the decommissioning of arms by paramilitary groups. This dissertation aims to problematize mediation as an elitist conflict resolution process that considers conflict essentially in terms of a bargaining problem. Mediation is understood as a process that does not encourage the reconciliation of antagonist communities and the generation of a culture of cooperation, failing to promote confidence between the parties and imposing setbacks in the implementation of the peace agreement. Although mediation was able to offer to the belligerents parties a political alternative, the conflict in the region remained latent, with the escalation of violence during crucial moments when the negotiations were moving forward. This study concludes that the peace agreement was achieved much due to the disengagement of civil society in the conflict and the recognition of the parties that they would not win the conflict by forceful means. This conclusion points to the necessity of complementing the elitist approach with civil society conflict resolution initiatives in order to explain the evolution of the peace process in Northern Ireland towards conflict transformation and positive peace.