Mediation: A European Perspective
It is an exciting time for mediaton with new developments and initiaitves happening at both local and international level, and mediaiton networks and organisations are engaging in a structured way to learn from the experiences in different jurisdictions.
In the following article, Treasa Kenny, MII External Relations Director, looks at the role of mediation networks in the development and promotion of mediation.
Introduction
Europe, an area with a population in access of 700 million, has many strong organisations working to promote mediation; The Mediators’ Institute of Ireland (The MII) is one of those organisations. As part of our Strategic Plan 2009-2015, the MII aims to be a major influencer, not only in relation to mediation on the island of Ireland, but also in Europe and internationally.
The MII continues to build on the work that began in 2006, at the Nordic Mediation Forum in Helsinki, by a group of European Mediators including Delma Sweeney of the MII, who discussed the value of establishing a European mediation network which would be a network for groups, organisations and institutions involved in promotion and development of mediation. The European Mediation Network Initiative (EMNI) was inaugurated in Vienna in 2007 with nearly 120 organisations, institutions, companies and individuals becoming founding members. Karen Erwin, President of the MII sat on the 20-person Board until 2009. In my role as MII Director of External Relations I have been elected to the Board for the period 2010-2012 and also as a member of the five-person Executive Committee tasked with developing EMNI further.
One of the more productive areas of contribution to date from EMNI has been the bi-annual Conference that is held in a different European country on each occasion. This Conference provides an opportunity for Mediators and mediation organisations from around Europe and internationally to meet one another; share and learn from experiences, challenges and research; and identify opportunities for further collaboration. The 2008 EMNI European Conference on Mediation which took place in Northern Ireland was hosted by Mediation Northern Ireland (MNI) - Andrew McCracken and his colleagues in MNI playing a major role in bringing Mediators from Europe and further afield to Belfast for what was a hugely successful and productive conference.
European Conference 2010:
'
Mediation and Civil Society in Europe, Towards a New Mindset'
The third annual European Mediation Conference took place in Paris on 27/28 May 2010. There were more than 400 professional Mediators from roughly 29 countries (Europe, Russian, US, Canada, New Zealand to name but a few) gathered to take stock of the profession, compare practices and address the challenges that all countries share in working to mitigate conflicts and resolve disputes peacefully and productively. As if to illustrate the need for mediation, a transport workers' 'go slow' on the first day allowed many delegates to experience firsthand - and with crushing discomfort -the impact of unresolved conflict in trying to move forward on the RER trains in particular.
The message of the keynote speaker, Diana Wallis (UK), Vice President of the European Parliament and an experienced litigator, was, in a nutshell, 'I truly believe that we do stand at a crossroads, at a threshold. We need new tools, new approaches, mediation should and could have a huge role to play.' At this moment in history, she notes, 'Europe and mediation go hand in hand in the sense that Europe is this bundle of people, cultures, diversity, somehow we try to bring this together. Therefore, there should be synergy between Europe and mediation.' She also added that the drive to 'harmonize' differences within and between cultures and countries is not always the best way forward, as it tends to paper over important differences and diversity itself. Therefore, she notes, mediation is essential for helping "to admit difference and try to provide answers to difficult questions that individual citizens face in a different way."
There are many examples of mediation practice across Europe which may be of interest to us here in Ireland - equally the practice of mediation in Ireland will be of interest to our professional colleagues across Europe. Linda Reijerkerk, President of EMNI identified that, in The Netherlands, both the Ministry of Justice and the Ministry of Internal Affairs are actively using mediation processes. Approximately 40,000 cases involving mediation are undertaken there each year, including 10,000 cases referred by the courts. These primarily involve family law and workplace mediation. Gordana Ristin, a Judge in Slovenia, explained how Judges participate in training which enables them to assess the most appropriate dispute resolution route for discussion with litigants.
There was a plethora of workshops available at the Conference ranging from: academic research findings; accreditation of Mediators; case studies of mediation use in various countries; and the role of the ombudsman across Europe. Ireland was well represented at the Conference proceedings with three workshop sessions:
- Delma Sweeney: 'The Art and Skill of Questioning in Mediation'
- Fiona McAuslan and Julie McAuliffe: 'Neuro-science, Performance Methodology and Mediation: Opening New Avenues in Skills Development'
- Erin Dyer who presented with Sonja Arnold from Germany: 'Mediation and the Middle East'
The diversity of those attending was never more apparent than at the Gala Dinner - which was hosted in French and English with accompanying Jazz Band. As an illustration, I had the pleasure of dining at a table comprising a Finnish judge, a German lawyer, an English barrister, an Irish barrister, an Irish academic, and an English community Mediator.
EMNI: 2010-2012 Plan
Over the next two years, the focus for EMNI and its members will be on:
- Developing the mediation profession and supporting its diversity
- Ensuring quality assurance (distinguish a qualified mediator from someone with little training)
- Implementing Europe's new mediation directive
- Encouraging research and information exchange.
To support the achievement of these aims, the new EMNI Board has set in place a number of working groups which will be delivering a Plan for September 2010. In addition to the objectives outlined above, a network of Local Coordinators is being put in place to work with the Board; the EMNI website will be developed further; and funding opportunities will be explored.
The next European Conference will take place in Bratislava in 2012. Organisations or individuals have the option to join EMNI for a minimal annual fee.
For further information about EMNI, see www.mediationeurope.net.
Treasa Kenny, MII External Relations Director is a Board Member of EMNI and on the Executive Board and Council of the MII.
June 2010
