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INTERNATIONAL NEGOTIATION STRATEGIES

INTERNATIONTAL
MEDIATION
ING. YOLANDA BEJARANO
PROFESSOR

Francisco Tito
CONTENT
01 What is mediation?

Antecendents to International
02 Mediation

Factors influending resort to


03 mediation

04 Interaction between the actors

05 Main characteristics

What are not the


06 characteristics of mediation?

07 Conclusion
WHAT IS
MEDIATION?
This is a process in which disputes that the
parties are disputing are managed and
they seek assistance or accept the offer of
an individual or group to resolve the
conflict and settle their differences without
resorting to physical force or the authority
of the law.
ANTECENDENTS
TO
INTERNATIONAL
MEDIATION

The parties have to agree on an


intervenor or a coalition of mediators;
to negotiate in this way is to lose some
degree of control in the negotiation.
Both demand-side combatants and
supply-side mediators must have
strong incentives for the expected
mediation to occur in order to
negotiate effectively to reach a
satisfactory outcome.
FACTORS
INFLUENDING
RESORT TO
MEDIATION

There is a likelihood that mediation will


ultimately be successful, but in a dispute that is
easy to resolve the likelihood that a third party
will be willing to intervene increases
Previous history of conflict management to
know if mediation methods or other types of
conflict resolution approaches have been
implemented during the dispute that will
affect the impact of mediation.
Previous relationships and links with each
other, their regime types or capabilities that
influence mediation
INTERACTION
BETWEEN THE
ACTORS
The interconnection or
coordination of the
mediating parties.
The intervening parties are
independent agents acting
solely on their own and
without any contact with
each other before or during
a conflict.
Must be an effective third
party resolution
Main
characteristics
Voluntariness: It is
Neutrality: Seeks to Confidentiality: The Collaborative: It is
the capacity to
balance the situation effectiveness and not intended for
initiate the process,
so that the party in a seriousness of the personal gain, but to
as well as the
weaker position is process and the achieve a result for
capacity to abandon
not affected. information should everyone together.
it, which reflects the
character of not be leaked to
autonomy. third parties that are
not contextualized.
There should not be the figure of
a lawyer for any of the parties, it
should not fulfill the function of
defending or accusing the
participants of the process.
It is not a legal advice in any
mediation is sought to give legal
advice or official procedures.
CONCLUSION
Mediation is a very useful tool
to help resolve conflicts
between the parties to have a
better agreement or also not
to make less to the weaker
party, this helps to build trust
and cooperation between the
two parties to have future
agreements and maintain a
strong relationship.
REFERENCES
CROCKER, C. A., HAMPSON, F. O., & AALL, P. (2020). INTERNATIONAL NEGOTIATION AND
MEDIATION IN VIOLENT CONFLICT: THE CHANGING CONTEXT OF PEACEMAKING (1A ED.).
ROUTLEDGE.
INTERNATIONAL NEGOTIATION AND CONFLICT RESOLUTION. (S/F). TUFTS.EDU. RECUPERADO EL
26 DE JULIO DE 2023, DE HTTPS://FLETCHER.TUFTS.EDU/PROGRAMS/COURSES/FIELDS-
STUDY/INTERNATIONAL-NEGOTIATION-AND-CONFLICT-RESOLUTION
INTERNATIONAL NEGOTIATION AND MEDIATION - SUMMER PROGRAM. (2023, MARZO 1). ICFML.
HTTPS://ICFML.ORG/FORMACAO-2/FORMACAO-PORTUGAL/SUMMER-PROGRAM/
PON - PROGRAM ON NEGOTIATION AT HARVARD LAW SCHOOL. (S/F). PON - PROGRAM ON
NEGOTIATION AT HARVARD LAW SCHOOL; PROGRAM ON NEGOTIATION AT HARVARD LAW
SCHOOL. RECUPERADO EL 26 DE JULIO DE 2023, DE
HTTPS://WWW.PON.HARVARD.EDU/TAG/INTERNATIONAL-MEDIATION/
VALLEJO PEÑA, C. (2018). MEDIACIÓN INTERNACIONAL:: EL EJEMPLO DEL PROCESO DE OSLO EN EL
CONFLICTO PALESTINO-ISRAELÍ. EN LA MEDIACIÓN COMO MÉTODO PARA LA RESOLUCIÓN DE
CONFLICTOS (PP. 517–536). DYKINSON.

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