Why Use Mediation?

Conflict is present in all societies, be it in families, businesses or communities. Conflict is not inherently negative: it results from the diverse complexities amongst groups or individuals with regards to their beliefs, opinions, interests and identities. While such differences are a powerful source of the richness of the world, they sometimes lead to escalating tensions if emerging conflicts are not thoughtfully managed. Disputes that result in litigation or worse, to the use of violence, frequently have additional negative impact on our jobs and families. Alternatively, utilizing non-violent, extrajudicial approaches to deal with professional or personal disputes provides a foundation for harmonious homes, prosperous businesses, stable communities and subsequently, a more peaceful society at large.

Mediation is a constructive conflict-management mechanism increasingly finding a home in Morocco. This process is being used to address commercial, family and community conflicts that traditionally might have been handled by the courts, or in some cases, where the use of power and violence might otherwise be used to settle more personal disputes.

What exactly is mediation and what are its benefits? When should it be used?

Mediation is a voluntary process in which a trained mediator assists disputants in negotiating a solution that is based on their mutual interests. Thus, outcomes of mediation interventions may not be the same as a verdict resulting from litigation in the courts. In this respect, mediation offers a viable alternative to disputants : it affords them a different path to a settlement, one in which each party is given the time to explain their perspective, in contrast to traditional court procedures whose outcomes are determined strictly by a judge’s verdict.

The use of mediation often allows conflicts to be resolved more swiftly than a standard judicial procedure. It provides a neutral third party to facilitate discussion, which can be particularly helpful to disputes that involve family members or business associates. The process affords all parties legitimacy because the mediator ensures that everyone leaves negotiation sessions feeling that their particular point of view was truly heard. This method of validating of each party enables a conflict to be transitioned in a non-combative environment using collaborative discussion. Mediation thereby increases the possibility that the final negotiated agreement will in some way satisfy everyone involved. Mediation is not only about the final agreement -- its most significant added value lies in the process itself. Mediation sessions create a safe space where recognition that differences exist does not require enmity, and one where reconciliation, while not the primary goal, may be an achievable outcome. As a result, business partners, family members and other can reach satisfactory agreements while maintaining relatively amicable relationships, rather than ending a dispute with lasting bitterness or feeling that one side won while the other party lost out entirely.

Mediation’s benefits are not limited to only those formal cases that would otherwise find themselves in the courts. Morocco’s ever-growing population of youth is also reaping the benefits from exposure to the culture of mediation as a means of conflict prevention and problem solving. NGOs such as Search for Common Ground have trained youth leaders to work as community mediators and dialogue facilitators in urban areas across Morocco. Educating young people and community members on this concept of facilitated problem solving provides a peaceful model on how one can constructively transition conflict, be it amongst their peers at schools, between neighbors, or local government relations. Without a doubt, youth trained in positive conflict management approaches today are more likely to apply these skills rather than resulting to verbal or physical violence when confronting conflicts in their future professional and family lives.

In some cases, mediation is not the best approach. Disparities of power can lead to physical violence in some conflicts. Should physical violence be present at any level, mediation is not an appropriate course of intervention. In such situations, legal avenues designed to deal with perpetuators of violence should be utilized to their fullest capacity. Mediators' training includes an emphasis on professional ethics and learning to exercise judgment when mediation is suitable and when a case is better dealt with by traditional legal procedures.

Training community members in mediation not only helps families and neighborhoods, it can also create a better environment for economic development in Morocco. As Morocco’s justice system engages in reforms geared towards more efficient legal proceedings, it also seeks ways to handle the increasing number of civil cases each year - 3 millions cases in 2004 for a limited operational capacity of 3,000 judges - and thereby reduce the burden on tribunals. In this context, a new mediation law drafted by the Ministry of Justice was passed by the Moroccan Parliament in 2007.

As a result of this successful legislation, Moroccan businesses today have increased access to mediation services as a means of amicably resolving commercial disputes, including those related to commercial contracts, client-business relations, among other professional conflicts. If use of mediation continues to expand, its utilization will positively contribute to Morocco private sector growth, by significantly reducing the delays of resolving commercial disputes (hence promoting foreign investment in the country) as well as by serving as a platform for the development of long term business partnerships between former disputants.

Mediation’s emphasis on collaborative problem solving is designed to ensure that both parties to a conflict feel validated throughout the process and are satisfied with the final agreement. The use of mediation as an alternative form of dispute resolution highlights the notion that conflict is not necessarily destructive; rather it can result in win-win outcomes and strengthen relationships rather than sever them. Conflicts will always exist in human relationships at various levels. Mediation provides Morocco a forum through which underlying issues can be more constructively addressed and one where parties can ultimately reach amicable agreements.