‘What is the function of ethics in mediating beyond the endgame in an international dispute?’

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AI – ‘Ethics in mediation beyond the “endgame”—referring to the post-agreement, implementation, and long-term reconciliation phases of an international dispute—functions primarily to ensure the sustainability of peace, maintain trust between parties, and prevent the recurrence of conflict. While the initial mediation focuses on reaching a deal, ethical considerations in the post-agreement phase shift to transforming relationships, upholding justice, and ensuring fairness in the implementation of terms. 

Key functions of ethics in this phase include:

  • Ensuring Sustainability and Long-Term Justice: Ethical mediation moves beyond procedural success (signing an agreement) to focus on “principled negotiation” that addresses the underlying causes of conflict. It ensures that the settlement is fair and equitable, preventing the “endgame” from becoming merely a pause before renewed fighting.
  • Maintaining Trust and Credibility: Post-conflict, the mediator or implementing body must maintain strict impartiality to avoid accusations of bias, which could destroy the legitimacy of the agreement. Ethical conduct (integrity, honesty, and transparency) builds the long-term confidence necessary for stakeholders to adhere to the agreement.
  • Protecting Party Autonomy and Inclusion: Ethical guidelines safeguard the voluntary nature of the agreement, ensuring that weaker parties are not coerced into unfavourable terms during the implementation phase. It also addresses the inclusion of all affected stakeholders, preventing the exclusion of minority groups or communities that could lead to future instability.
  • Managing Confidentiality and Transparency: While confidentiality is essential during negotiations, in the post-agreement phase, ethical principles dictate a shift toward transparency in implementation to build public trust and accountability.
  • Fostering Reconciliation and Relationship Building: Ethics in post-conflict mediation supports the restoration of relationships by emphasizing principles like non-violence, mutual respect, and shared well-being, rather than just the technical aspects of the settlement. 

In summary, ethics in the post-endgame phase serves as a preventive mechanism against conflict recurrence by ensuring that the implementation of the dispute resolution is not just legalistic, but morally sound, equitable, and focused on long-term stability.’