The following is from the draft concluding Chapter – ‘The Way of the Mediation Wizard’, of my forthcoming book – the ‘Mediation of Cultural Heritage Disputes’, see www.carlislam.co.uk.

Extract:

In a Cultural Heritage Dispute, by voluntarily agreeing to participate in the process of Mediation, a ‘Market State’ (i.e. the recipient of a Claim for Return), implicitly recognizes the ‘legitimacy’ of the ‘interest’ of the Claimant, (i.e. the ‘State of Origin’) in the disputed artefact.

That is because voluntary participation implies a willingness to engage with the Claimant’s perspective.

So, ‘Mediation Implies Recognition.’

However, since by agreeing to act in ‘good faith’ throughout the Mediation, while they have agreed to explore the potential for achieving a mutually satisfactory outcome in resolution of their dispute, engagement does not equate with concession.

Early on in the process, by inviting the Participants to acknowledge that ‘Mediation Implies Recognition’, the Mediator can set the right tone from the outset, by saying something like:

‘Since you have both entered this process voluntarily, your presence today indicates a willingness to settle. I am here to facilitate a conversation between you, that enables you both to move into a zone where a deal can be done in settlement of this dispute, that is ‘enough’ for each of you, in your own terms, i.e. a potential ‘Deal-Making Zone’ (‘DMZ’).

Because you as potential ‘deal-makers’, are all sitting together at the negotiating table today, I am confident that a deal can be done, provided the ‘will to do a deal’ exists between you.

Whether a deal is done depends upon you.

Deal-making always involves a compromise, and I will use all of my powers to help you explore and find a compromise that works for both of you.

In my experience, Mediation is a joint-enterprise, because the achievement of a mutually-satisfactory outcome depends as much upon the skills of the Mediation Advocates, as it does upon the Mediator.

In a Cultural Heritage Dispute, it is often possible to transform ‘past conflict’ into ‘future co-operation’.

However, that will require the creation of a new ‘relationship’ between you, which is built upon a solid foundation of trust and goodwill.

The creation of such a new relationship, requires what Mediators call a ‘Paradigm Shift’ to occur.

When this occurs in Mediation, that is the break-through moment which can result in the doing of a deal.

In facilitating a Paradigm Shift, the starting point for a Mediator, is to understand each Participant’s Paradigm in their own terms.

So, if you are comfortable with that, this is where I propose to start in the confidential discussions that will take place between us this morning, in the preliminary series of Private Sessions that I will conduct separately with each of you.

Are you happy to proceed in this way?’