Principles and Practices

of Peace and Conflict

Resolution in Islam – The
Case of Morocco

By
CLAUDIA MAFFETTONE
August 19, 2016

In the past years, the share of countries participating in any type of

conflict has risen to be the highest since 1946 (PRIO, 2014). The world
has witnessed some of the highest rates of intrastate conflicts since the
end of World War II, while the same conflicts seem to have claimed the
highest share of total battle deaths. While general trends in world
governance seem to favor democracy over other forms of more
autocratic governance, in the Middle East autocracy seems to be on the
rise, especially after events related to the Arab Uprisings. The rate of
arms’ sales slightly lowered since 2010, remaining though at an all-time
high (except for the Cold War period) of $ 400 Bn per year (SIPRI,
2013). Between 2009 and 2013, 11 of the 20 top defense importers in
the world were Muslim majority countries (SIPRI, 2013), reflecting the
presence of intrastate conflict and insecurity in the region.
The rise in interstate and intrastate conflicts is leading to further global
instability and grievance, mass migration, and increased levels of social
discrimination and segregation. Given these statistics, it is important to
consider what conflict resolution methods can be employed in specific
contexts. Mediation has gained popularity and has been increasingly
used both locally and internationally, but Islamic conflict resolution
practices and their application are rarely acknowledged, let alone
leveraged.
Peace, Justice, and Power in Islam
Salam. “Peace be upon you” is a traditional Arabic greeting. Since the
9/11 attacks on the World Trade Center in New York City and the rise
of the Islamic State of Iraq and al-Sham (ISIS), few people in the world
associate Islam with peace. Most of the Western world, including a
number of analysts, academia and the media, look at Muslims with a
mix of concern and contempt, and relate Islam to terrorism, violence and
backwardness. In the Islamic tradition though, peace is a core principle
and an ideal to aspire to while pursuing a just society.
Kalin (2010) conceptualizes the concept of peace, al-salam, in Islam in
four different ways:
 “metaphysical-spiritual” – According to the Qur’an, one of God’s
divine names is al-salam, “Peace” (Kalin, 2010, p.9). God is described
as a source of peace that invites the community towards the dar-al-
salam, sanctuary of peace, found in one’s proper heart. The universe
is muslim, surrendered to God’s will, “and thus rises above all tension
and discord” (Qur’an 3:83; 9:53; 13:15; 41:11, cited in Kalin, 2010,
p.10).
 “philosophical- theological”- God, the “Merciful” and
“Compassionate” (Shepard, 2014, p.71), is the creator of the universe
in which evil is merely accidental and can be summarized as the
 “nonexistence of the perfection of existence” (Sadra, 1981, cited in
Kalin, 2010, p.14).
 “political- legal” – The Prophet was involved in ‘mediations’ with
Muslim and non-Muslim communities (Abu-Nimer, 2010) and
positioned himself in continuation to the revelations of the people of
the book (ahl-al kitab) Jews and Christians, (Donini, 2003). “If two
parties among the believers fall into a quarrel, make you peace
between them […] with justice and be fair. For God loves those who
are fair. The believers are but a single brotherhood; so make peace
between your brothers….” (Qur’an 49:9-10, cited in Abu-Nimer,
2010, p.83). Harb, Arabic for war, appears in the Qur’an only four
times (Afsaruddin, 2010). The word jihad, commonly translated as
“holy war” (Shepard, 2014, p.49), actually refers to human “struggle”
or “striving” between ‘right’ and ‘wrong’. The Qur’an says: “There is
no compulsion in religion”; “As for you, will you force men to
become believers?”; “Fight in the way of God against those who fight
against you, but do not transgress the limits. Verily, God does not
love aggressors” (2:256; 10:99; 2:190, cited in Kalin, 2010, pp.41,
20); “And if anyone saved a life, It would be as if he saved the life of
the whole people” (Qur’an 5:32, cited in Abu-Nimer, 2010, p.80).
Violent behavior motivated by retaliation and revenge is thus
forbidden (Qur’an 41:34, cited in Abu-Nimer, 2010). The concept of a
war of defense is first mentioned in the Qur’an when it describes the
fight between the Meccans and the Prophet, whose duty was to
guarantee his community’s protection, survival, and “religious
freedom” (Kalin, 2010, p.17). In this context, jihad is necessary
armed defense and echoes the Western “jus ad bellum” (Kalin, 2010,
p.15).
 “Sociocultural”: The Qur’an says: “Unto every one of you, We have
appointed a [different] law and way of life. And if God has so willed,
He could surely have made you all one single community: but [He
willed it otherwise] in order to test by means of what he has
vouchsafed unto you. Vie, then, with one another in doing good
works!” (Qur’an 5:48, cited in Kalin, 2010, p.28) and “Behold, We
have created you [….] into nations and tribes so that you might come
to know one another. Verily, the noblest of you in the sight of God is
the one who is most deeply conscious of Him” (Qur’an 49:13, cited in
Kalin, 2010, p.28). The Qur’an encourages peaceful coexistence
among all human beings that are all equal in the eyes of God (Abu-
Nimer, 2010).
Kadayifci- Orellana (2010, pp.21-25) summarized the Islamic concept of
peace in 5 elements, “Tawhid (unity of all
humankind); fitrah (upholding peace as a duty for every Muslim); al-
adl, justice, which is the backbone of peace because without justice
there can be no peace; afu, forgiveness [….]; rahma, compassion
and rahim, mercy”. These elements resonate with the concept of
positive peace and of ‘just peace’ as methods to “reduce violence and
destructive cycles of social interactivity and at the same time increase
justice in any human relationship” (Lederach, 2005, p.182). Zulum,
justice, is used 114 times in the Qur’an and, although its elements are
never clearly enunciated, there are at least 3 domains in which this
concept is used: reciprocity of relationships among men and with God,
a process by which equality is achieved among diverse elements, and the
variety of contexts and circumstances though which justice can be
enacted and displayed, rather than clearly defined (Rosen, 2000). The
just person is adl meaning “to set straight”, “to be balanced” because
he/she keeps his/her human relationships in balance and engages with
others at many levels on the basis of reciprocity. The concept of haqq,
meaning “right” or “duty”, but also “reality” and “truth”, refers to the
variety of obligations regulating human existence and determining a
person’s place in society and their authority (Rosen, 2000, p.156). “[….]
justice, or ‘giving what is due’ and ‘establishing the truth’.…
Consequently, justice is deviated from when the exactness of
‘preserving the middle’ is lost, through a twist this way or that… [The]
maxim, usually attributed to Muhammad, was a commonplace among
medieval intellectuals: ‘the middle of things is the best’. It is the middle
in which the two, separated from each other [….] merge and come to
harmony, producing a unity that makes genuine sense” (Smirnov, 1996,
p.345–6). Thus, reciprocity creates dependency in the community and
holds individuals closely knit, while the state, not possessing justice in
itself, is tasked with regulating reciprocity and creating human networks
according to what was divinely ordained. Medieval Islamic scholars in
fact, thought rulers and administration couldn’t be just because of their
position of pre-eminence that did not allow them to reciprocate while
retaining power over others. Corruption then isn’t about using human
networks to advance oneself and family, but rather retaining wealth and
advantage for oneself instead of sharing it with the broader network one
is connected to (Rosen, 2000).
One of the interpretations of jihad is of a struggle against injustice and
structural violence (Yassine-Hamdan, Pearson, 2014). In the Arab
world, we find a number of examples of structural violence in political
regimes. Power succession is one of the most debated processes since
the beginning of Islam, when, after the death of the Prophet, the early
Muslim community divided into Shia and Sunni over the issue of
Muhammed successor. There is agreement on viewing the Islamic leader
is a ‘protector’ and ‘custodian’ of faith and an executor of Islamic law
(Khuri, 1997,p.127). The choice of a leader should happen through
consultation and a pledge of obedience, but there is no official process.
Religion and its manipulation are commonly used to justify the rise to
power of leaders, while some see the overpowering of opponents as a
legitimate way of gaining primacy. “Power is not the privilege of an
office; it is rather a social asset, an attribute of a general standing in
society” (Khuri, 1997, p.128). Western ideas of state and sovereignty
were superimposed on these concepts. Post-colonial state borders left
Arab leaders and communities with the task to democratically rule
themselves without the centuries of adjustments and violence that the
West underwent before submitting itself to these same concepts. For this
reason, Pan-Arab and Pan-Islamic ideologies emerged to contrast the
Western concept of boundaries, while tribal ties justified interstate
meddling (Gause, 1997). Many regimes, that were imposed or that took
over power, tried to adopt some democratic elements to legitimize their
presence. They did so by manipulating narratives and succeeded because
of mostly condescending and closely knit societies, which, on the basis
of the Islamic concepts of unity and consensus in the umma, community,
(Khuri, 1997, p.136) and the concept of asabiyya, ethnic or religious
group bond (Ibn Khaldun, cited by Yassine-Hamdan, Pearson, 2014,
p.28), did not oppose regimes and ideologies until very recently in the
Arab Uprisings. Up until then, the “public” as a source of legitimacy in
democracy, hadn’t emerged yet as a political force (Khuri, 1997, p.137).
Interestingly enough the first fora for discussion were mosques and
religious gatherings. Religion, as a common unifying value framework
across geographical divides, represented a tool and a means to voice
dissent towards repressive political regimes. As in the case of Iran,
religion carried the banner of the revolution, while groups like
Hezbollah, Hamas and the Muslim brotherhood strengthened their social
and political stance by providing the community with services neglected
by the state (Yassine-Hamdan, Pearson, 2014).
Conflict Resolution methods in the Arab world
Over time, a number of practices for the resolution of conflict have
emerged and can be grouped under: tribal laws, Islamic law, and
traditional practices influenced by the Sharia (Abu-Nimer, 2003). These
often overlap and are used interchangeably. Third party intervention
seems to be a constant feature in most processes and these share similar
underlying assumptions (Abu-Nimer, 2003): conflict is something
negative that breaks harmony and should be avoided; the objective of
the third party is to restore order and harmony rather than change power
relationships; conflict resolution is a community priority that involves
elders, local leaders and family members who put pressure on the parties
and guarantee the implementation of the agreement; the process is
guided by established norms that include honor restoration, face saving,
avoiding shame, saving dignity; relationships are key and their
restoration is paramount; the third party keeps litigants separate while
being their only channel of communication and reconciles them only
when an agreement has been successfully negotiated. Conflict
resolution practices in the Arab world aim at reestablishing
individual and communal harmony through the authority of the
third party (mediator, arbitrator) rather than offer an opportunity
for disputing parties to openly express their grievances. The third
party role tends to be occupied by community leaders, mostly elders,
whose standing in society demands respect from the parties and can
pressure them to reach an agreement. Thus, power imbalances are a
key factor in these processes that can be used as a mechanism to control
society, rather than change it (Abu-Nimer, 2003).
 Most approaches to conflict resolution in the MENA Region have their
roots in Islam and religious scriptures (Munene, 1997, cited by Yassine-
Hamdan, Pearson, 2014). Practices that are mentioned in the Qur’an and
commonly acknowledged are:
1. Takhim, arbitration, is mentioned a number of times in the Qur’an.
Once an arbitration agreement is submitted to the judge, qadi, and no
breaches to the Sharia are found, the agreement is legally binding. This
practice seems to be well established and trusted as a method of
conflict resolution in Arab countries. In establishing mediation as a
practice, Keshavjee (2013) believes that hybrids like Med-Arb
(Mediation-Arbitration) could be helpful.
2. Suhl (also essoulh/islah), conciliation, dating prior to Islam, aims at
“end[ing] conflict and hostility between believers so that they may
conduct their relationships in peace and amity” (Irani, Funk, 2001,
p.182). Suhl is commonly associated with mediation as it is a process
conducted at the presence of a third party who allocates responsibility
and encourages parties to accept the suggested solutions (Hafdane,
2013).
Suhl is mentioned in the following verses of the Qur’an (cited by
Keshavjee, 2013, p.66):
 “If you fear a breach between the two, appoint (two) arbitrators one
from his family, and the other from hers; if they wish for peace, Allah
will cause their reconciliation: for Allah has full knowledge and is
acquainted with all things (4:35);

 Allah commands you to render back your trusts to those whom they
are due; and when you judge between man and man, that you judge
with justice; verily, how excellent is the teaching which He gives you!
For Allah is He who hears and sees all things (4:58);
 But no, by your Lord, they can have no real faith, until they make you
judge in all disputed between them, and find in their souls no
resistance against your decisions, but accept them with the fullest
conviction (4:65)”.
There are different types of suhl, but all of them are meant to protect
social ties on the basis of social codes that pressure all individuals to
come to an agreement. Social codes include age hierarchies (the young
submits to the old), familial hierarchies (the son submits to the father),
gender hierarchies (women submit to men), and constrain parties in a
weaker position to submit to what is considered right by the elders and
the community. Suhl doesn’t really give space to individual rights and
personal grievances, but rather silences demands into customary
communication patters and is intended to strengthen and maintain social
equilibrium. As mediation gains its space in the context of ADR
practices, suhl can pave the way as a similar practice, but given its
constraining aspects, it can also generate the wrong expectations of
mediation as a coercive process (Hafdane, 2013).
The Qur’an and the Sharia refer to essoulh/islah, conciliation, and
to takhim, arbitration a number of times, and these practices have been
varyingly included in legal codes of countries across the
MENA. Wassata, mediation, was only recently introduced in legal codes
and in Morocco by law N. 08.05 on Arbitration and Conventional
Mediation (Hafdane, 2013). Wasta, “vertical mediation” refers “to the
deals brokered between villagers and state authorities […and more
generally to…] reciprocal assistance” (Lang, 2005, p.177), while sulha,
“horizontal mediation”, can be considered a “more specialized form
of wasta” (Lang, 2005, p.177) in which there is an attempt to create
equality among the actors in the process (parties, negotiators and
public). Wasta can also refer to “intercessory wasta involves more a
businesslike transaction as with ‘a middle man’ or broker who
intercedes on behalf of a client/customer to provide a job, university
admission, […..]” (Yassine-Hamdan, Pearson, 2014, p.6). Originally a
form of networking, nowadays intercessory wasta is considered the key
issue leading to unfair and non-meritocratic government systems,
favoring some individuals with the right connections instead of others
(Cunningham, Sarayrah, 1994).
Courts, conciliation/mediation and arbitration are the most common
conflict resolution options available in the MENA. The boundaries
between conciliation/mediation and arbitration are often blurry, but
many countries whose legal codes have been influenced by French law
(Syria, Egypt, Kuwait, Lebanon, Morocco) include some form of
mediation practice in their legislation (Saleh, 1986). The pressure to
adopt Western legal models to have developing countries successfully
enter the global marketplace has brought to many Arab countries not
only European legal codes, but also ADR. Given the assumption that
local conflict resolution methods are based on harmony, consensus and
informality, ADR was introduced as the best way to advocate for ‘light’
judicial reform while attracting foreign investors (Greco, 2010). On this
basis, a number of countries have passed laws that integrate Western-
styled mediation in their legal system. In 2006, Jordan adopted the Law
on Mediation for the Resolution of Civil Disputes that offers parties the
opportunity to mediate for cases in first degree adjudication. Similarly,
in Dubai (UAE) Law No. 16 of 2009, allowed the opening of a
Mediation Centre supplementing the courts (Khasawneh, Sfeir, 2011).
Case study: Morocco
Morocco is a country of almost 33 million people, 60% of which are
between 15 and 54 (CIA, 2015). According to the World Bank (2015), it
is considered a lower middle-income economy with a GNI between
$1,046 and $4,125. 32% of the total population are illiterate (UNESCO,
2011), 9.9% of the population is unemployed (Bank Al Maghrib, 2014,
cited by Morocco World News, 2015) and 14.4% live under poverty line
(World Bank, 2015). Freed from the French protectorate in 1956,
Morocco became a constitutional monarchy under King Mohammed V
(Howe, 2005). The Kingdom’s dynasty, the Alaouites, dates back to the
Prophet. Morocco’s indigenous people are the Imazighen, free people, or
Berbers, as the Romans called them, who inhabited most of North Africa
before the advent of Arabs and Islam around 700 AC. It is unclear why
these populations that for centuries remained impermeable to other
conquerors, embraced Islam, but it is hypothesized that the Arab’s
religious and military fervor succeeded in imposing their culture which
ultimately, “assumed Berber characteristics – egalitarianism, austerity
and a certain mysticism – and soon declared its independence from
Oriental Islam” (Howe, 2005, p.59). Great Muslim dynasties succeeded
themselves – Almoravids, Almohads, Merinids, Saadians, Alaouites-
until European powers- France, Spain, Germany and England – tried to
turn Morocco into a protectorate. France and Spain succeeded in this
endeavor until, thanks to the relentless efforts of King Muhammed V
and the nationalist Istiqlal party, Moroccan independence was achieved
in 1956. Under King Hassan II, the first Moroccan constitution was
drafted and ratified in 1962. In it, Morocco was described as a
“constitutional, democratic and social monarchy” of hereditary nature
that was not constitutionally changeable (Article 108) (Zemrani, Lynch,
2013,p.5). The King became the Commander of the Faithful “guarantor
of the continuity of the state”, “protector of the rights and liberties of
citizens, social groups and collectivities” (Howe, 2005, p.225), and “his
person considered as sacred and unchallengeable (Article 23)” (Zemrani,
Lynch, 2013, p.5). The King’s characteristics reflect the Islamic idea of
the leader as a “protector” and “custodian” (Khuri, 1997, p.127). It also
suggests an idea of unity under the rule of a King of all believers, not
only Muslims (although non-Muslims account for only 1.3% of
Moroccan population) (US Embassy in Morocco, 1999). Given the royal
family’s descent from the Prophet and the pivotal role played by King
Mohammed V to achieve independence, the Alaouites have become
Morocco’s symbol of unity and strength. This attitude also reflects a
tendency towards “personality cult” (Slim, 1993, cited by Yassine-
Hamdan, Pearson, 2014, p.9) and the acceptance of power disparity on
the basis of “legitimizing myths” that may justify inequality (Sidanius,
Pratto, 1999, cited by Coleman, 2006, p.131). Criticizing the King can
result in legal persecution and is considered socially unacceptable
(Brouer, Bartels, 2014). Moreover, the monarchy is economically very
powerful, currently owning 30% of Moroccan economy (Balleria 2011,
Benchemsi 2012, cited by Brouer, Bartels, 2014).
Following the 2011 Arab Awakening events in Tunisia and Egypt,
current King Mohammed VI, instated in 1999, faced a wave of protests
initiated by the 20th of February movement, a group of young Islamist
and leftist activists. They demanded the creation of a parliamentary
monarchy, more representative democracy, and persecution of corrupted
officials and business leaders. The King soon announced the creation of
a commission that would suggest constitutional revisions. The
movement’s leaders were invited to participate, but rejected the
invitation. The reforms that passed by popular vote in 2011 included
(Karam, 2011):
 Power to the Prime Minister to appoint government officials-
ministers, ambassadors, governors- and to dissolve the parliament,
with the King’s confirmation.
 The King was confirmed the highest religious authority in the
country, the military Commander in Chief, the Chair of the Council of
Ministers and the Supreme Security Council.

 Berber, Arabic and Arab-Hassani were confirmed the official

languages in Morocco.
The activists weren’t satisfied, holding that, “the constitutional reform
does not respond to the essence of our demands which is establishing a
parliamentary monarchy. We are basically moving from a de facto
absolute monarchy to a constitutional monarchy” (Chawki, cited by
Karam, 2011, no page). Also internationally many considered these
changes to be merely cosmetic and a year later, in 2012, the Minister of
Justice admitted to many irregularities and abuses in the treatment and
detention of protesters from the 20th of February movement (Rachidi,
2012).
Mediation in Morocco
Traditional conflict resolution methods have been in use in Morocco
since the existence of Berber tribes in the Atlas Mountains. Originally
conflicts were solved by the hereditary ‘saints’ of the region who lived
in isolation from the tribes, but served a number of purposes among
which the one of ‘mediators’ (Gellner, 1969). The makhzen, pre-
colonial royal establishment (Howe, 2005), used mediation as a way to
control the tribes, especially in the Southern part of the country. While
some describe the makhzen as a system of perpetual violence
(Waterbury, 1970), other authors (Ayache, 1979) believe that
the makhzen served important functions among which one of ‘mediator’
among different Berber tribes to guarantee peace and unity in the
kingdom. With the French Protectorate, the French Civil Code was
adopted and a more extensive control over territory was enforced.
Traditional methods of conflict resolution have survived in the practices
of tribal leaders, arbitrators and imams, who continue implementing
some traditional forms of reconciliation (USAID, 2010).
Albeit the recently introduced constitutional reforms, the Ministry of
Justice is not independent from the monarchy (Bertelsmann Stiftung,
2014) and corruption seems to be common at all levels of the state
(USAID, 2010). According to Transparency International, Morocco
rates 39/100 on the perception of corruption, defined as the “the abuse
of entrusted power for private gain” (Transparency International, 2014,
no page) in the public sector on a scale of 0 (highly corrupt) to 100
(very clean) (Transparency International, 2014).
In 2007, the adoption of Law 05.08 on Arbitration and Conventional
Mediation (Ministere de La Justice et des Libertes, 2007) introduced a
more Western form of ADR in Morocco. Aside from the Moroccan
justice system’s issues (corruption, lack of independence from the
monarch, etc.), there are also issues of access, case backlog, and limited
training and capacity. People are not adequately informed about laws
and legal decisions, judgements are published ad hoc, and no law
journals or bar association publications are provided. Access is also
limited by income as pro bono legal services are scarce and below
demand, and mostly located in urban areas (USAID, 2010). Women,
whose condition in Morocco has been partially improved by
the Moudawana, the 2004 reformed family code, also face numerous
social, financial and cultural boundaries to justice due to the limited
training of judges on the new family code and its limited application
because of many judges’ contrary ideology (USAID, 2010). In terms of
backlog, it appears that “in 2007 a total of 2.57 million cases were filed
and 3.25 million cases were ongoing” (Ministere de La Justice et des
Libertes, 2008, cited by USAID, 2010, pp. 17).
Thanks to the work of a number of Moroccan political parties and civil
society organizations, mediation was reintroduced with Law n.08-05 on
the 24th of July, 2007, with Parliament’s unanimous vote (USAID,
2010). Together with arbitration, mediation effectively became part
of Chapter VIII of the 5th Title of the Code of Civil
Procedures, Articles 306-327.70. Although no court mandated
mediation is yet contemplated, ‘conventional mediation’ is described in
detail and reflects the description of mediation as conceptualized in
some key Western documents (New York State ADR Office, 2008;
European Commission, 2004; United Nations, 2012). The law mentions
in fact impartiality, confidentiality, and the mediator’s ability to listen,
clarify communication, and act as a ‘catalyzer’ of the parties’ emotions,
encouraging them to identify and discuss the real causes of conflict
(Ministere de La Justice et des Libertes, 2007). These characteristics
also reflect the more ‘facilitative’ nature of mediation as described in
the code. Given the time and delays hampering legal reform, ADR is a
way to guarantee access to justice, attract foreign capital and possibly
avoid critiques of neocolonialism, as legal transplants often do (Nader,
1999, cited by Greco, 2010). Critiques believe that ADR can also be a
mechanism of “pacification and control” (Greco, 2010, p.658) and may
allow for private settlements outside of the court system that favor
stronger parties, trying to avoid the unpredictable results of a legal
system in need of deeper reform (Burton, Dukes, 1990).
Results
Although parties in positions of power and pre-eminence have less
interest in participating to mediation (Kressel, 2006), the Moroccan
monarchy has both tried to engage the opposition in dialogue around
constitutional reform and has approved the introduction of mediation as
a means to resolve conflict. Mediation might not be the means of
dialogue among parties in vertical relationships, with a relevant power
differential, but it has improved relationships, horizontally, among
members of Moroccan society. Mediation projects implemented by some
relevant NGOs in the country, have empowered both participants and
their communities by offering more opportunities for redress and have
eased the backlog of cases in court. Furthermore, they provided
communities with skills useful in fostering stronger connections and
engagement and better intergenerational communications. These two
factors alone, better community and intergenerational integration, are
key in avoiding radicalization (Abbas, 2011) in a way that is socially
constructive and restores social harmony and linkages, as advocated by
the Islamic tradition. This is also perfectly in line with the idea that “a
principal goal of mediation could be to give the participants an
opportunity to learn or to change. This could take the form of moral
growth or a ‘transformation’, as understood by Bush and Folger to
include ‘empowerment’ (a sense of “their own capacity to handle life’s
problems”) and ‘recognition’ (acknowledging or empathizing with
others’ situations)” (Riskin,1996, p.20). Ultimately, if compared to
evaluative mediation, “empowerment mediation” and “community
model mediation” are basically “pure form mediation” (Galton, 1994,
cited by Riskin, 1996, p.15).
The institutionalization of mediation with Law n. 08.05 on Arbitration
and Conventional Mediation is only the first step as many Moroccans
are unaware of the process and the opportunities it can offer. When
marketing mediation, it will be important to highlight its commonalities
with traditional methods of conflict resolution, while clarifying that the
mediation will be conducted according to principles of self-
determination, confidentiality and impartiality to guarantee a process
that serves the interests of the parties as they see them rather than as
seen by the mediator. As the practice gains popularity, relevant
stakeholders will have to ensure mediation doesn’t become a way for
some individuals to exercise power on others by becoming mediators or
to ‘escape’ justice by using this alternative to the court system.
Furthermore, there is a risk of using and fostering ADR, mediation in
particular, as a way to deflect attention from broader, deeper social
reforms which remain indispensable.