Mediation in a Conflict Society an Ethnographic View on Mediation
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The London School of Economics and Political Science Mediation in a Conflict Society An Ethnographic View on Mediation Processes in Israel Edite Ronnen A thesis submitted to the Department of Law of the London School of Economics for the degree of Doctor of Philosophy, London, October 2011 1 For Inbar, Ori and Eran לענבר, לאורי – שבלעדיהם אין לערן – שבגללו 2 DECLARATION I certify that the thesis I have presented for examination for the PhD degree of the London School of Economics and Political Science is solely my own work other than where I have clearly indicated that it is the work of others (in which case the extent of any work carried out jointly by me and any other person is clearly identified in it). The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without the prior written consent of the author. I warrant that this authorization does not, to the best of my belief, infringe the rights of any third party. 3 Abstract This thesis addresses the question: how do individuals in a conflict society engage in peaceful dispute resolution through mediation? It provides a close look at Israeli society, in which people face daily conflicts. These include confrontations on many levels: the national, such as wars and terror attacks; the social, such as ethnic, religious and economic tensions; and the personal level, whereby the number of lawyers and legal claims per capita are among the highest in the world. The magnitude, pervasiveness, and often existential nature of these conflicts have led sociologists to label Israel a ‘conflict society’. Mediation practice came into this society and challenged the existing ethos and norms by proposing a discourse of dialogue and cooperation. The thesis focuses on the meeting point that mediation engenders between narratives of conflict, which have developed in this environment, and the mediation processes, which set out to achieve a collaborative discourse and mutual recognition. The fieldwork, forming the core of the thesis, consists of the observation of supervised mediation processes of civil disputes in two leading mediation centres, and interviews with professionals and key figures in the discipline. The wide variety of voices of a broad range of interviewees and many different parties provide for rich, qualitative data. The use of the narrative‐ethnographic approach in observing mediation processes helps identify key themes in participantsʹ narratives. The subsequent analysis leads to the insight that these mediation processes reflect, in a subtle way, the narratives, beliefs and needs of individuals in a conflict society. The findings from this study indicate that perceptions of life in a conflict society are clearly manifested through mediation processes. These place obstacles and inhibit the attainment of agreements. Yet, surprisingly, some of the findings also demonstrate an aversion to conflict and a well‐expressed desire to maintain communication and to achieve peaceful resolution. 4 Acknowledgements Whoever reads this work knows the list of thanks that is appropriate here. No one can invest such efforts for years, without the support and trust of her loved ones — family, friends and colleagues. This thesis is the fruit not of the last years only, but of my journey in life. My professional and personal past, as a daughter, woman, student, lawyer, mother, partner, writer, made up of good days and bad days, times of happiness and times of crisis, are all evident in the thinking behind this thesis. All of the many people who had accompanied me for such a long time towards the completion of this work deserve and will receive my thanks, but only a few will be mentioned here by name. I am most grateful to my supervisor, Prof. Simon Roberts, for the care and support he gave me throughout my studies at the LSE. I thank my examiners Prof. Linda Mulcahy and Prof. Fiona Cownie for their great attentiveness and most constructive comments. Special thanks to the mediators and professionals who shared their knowledge and insights with me, to the parties that let me observe them in difficult moments, and the owners and workers at the two centres of mediation. I am indebted to Peretz Segal, Omri Gefen, Yossi Tzur, Sharon Rendlich, Yoni Naftali, Arbel Ben‐Ari, David Shimoni, Ronit Zamir, Tamara Relis, Aseel Al‐ Ramahi, Sue Lawrence and to Aharon Barak and Ariel Rubinstein, all for their unselfish help and contribution. Sometimes words cannot truly reflect a complete reality. Nevertheless, I am totally grateful to Inbar and Ori, who kept my hard work on the thesis in proportion; and to Eran, who has been with me from the start to the finishing line, supporting, encouraging, criticizing and correcting. In anticipation of the new challenges that will now open up. 5 A Clarifying Note to the Reader 1. In order not to disrupt the flow of the text, I use ʹheʹ and ʹhisʹ throughout, with no intended gender bias. 2. My own remarks are in square brackets. 3. Words and phrases in bold indicate my emphasis. 4. Quotations without a reference are from the interviews. 5. I have alternatively used the following pairs or triads of concepts with no specific preference (unless otherwise stated): a. Conflict – dispute b. Teller – narrator c. Party – litigant – disputant d. Caucus ‐ separate meeting ‐ private meeting e. Emotions‐ feelings f. Sephardim – Mizrachim 6. Regarding quotations from the interviewees: if one is cited by his last name, it is his true name; when a first name is used, it is a pseudonym. 7. The names of the interviewees and the details of the interview appear in Appendix A. The reader is invited to refer to this Appendix. If two of the interviewees have the same last name, and appear in the same chapter, an initial is added to one of them. If they appear in different chapters, the context makes their identity clear. 8. Unless otherwise noted, the translation from Hebrew is mine. 9. Regarding references: in an attempt to be clear and consistent, so the reader can find the material with ease, and because the names are sometimes strange to a non‐Hebrew speaker, the last name of the author/editor always comes before the first name. Books in Hebrew are marked (Hebrew), but not articles. The names of the books and articles are translated into English, but not the names of the journals, the publishers etc. All references to web sites end with the date on which they were last accessed. E.R. 6 SHORT TABLE OF CONTENTS INTRODUCTION 13 PART 1 CHAPTER 1 ISRAELI SOCIETY 17 CHAPTER 2 DATA AND METHODOLOGY 64 CHAPTER 3 ON MEDIATION 95 CHAPTER 4 MEDIATION IN ISRAEL 1980‐2008 111 PART 2 CHAPTER 5 THE PRACTICUM 138 PART 3 CHAPTER 6 THE MEDIATORSʹ VOICES 210 CHAPTER 7 THE PARTIESʹ VOICES 259 CONCLUSIONS 301 APPENDIX A LIST OF INTERVIEWEES 304 APPENDIX B MEDIATION AGREEMENT 307 APPENDIX C LETTER OF CONSENT 308 LIST OF FIGURES AND TABLES 309 TRANSLATION OF HEBREW TERMS AND LIST OF ACRONYMS 310 TABLES OF STATUTES 312 LIST OF CASES 314 BIBLIOGRAPHY 316 7 TABLE OF CONTENTS INTRODUCTION 13 PART 1 CHAPTER 1 ISRAELI SOCIETY 17 THE POPULATION ....................................................................................................... 18 HISTORICAL BACKGROUND ....................................................................................... 20 How the Distant Past Affects the Present .............................................................. 20 The 20th Century .................................................................................................... 23 Prolonged Warfare .................................................................................................. 25 THE LANGUAGE .......................................................................................................... 27 RELIGION .................................................................................................................... 30 ECONOMICS ................................................................................................................ 32 THE LAW ..................................................................................................................... 34 Jewish Law .............................................................................................................. 35 Law of War .............................................................................................................. 36 The High Court of Justice ....................................................................................... 37 Lawyers and Litigation ........................................................................................... 39 POLITICAL ISSUES........................................................................................................ 42 ETHNIC HETEROGENEITY ........................................................................................... 45 OTHER ISSUES OF DISCRIMINATION ........................................................................... 50 Women .................................................................................................................... 50 Homosexuals ........................................................................................................... 51 Migrant Workers and Asylum Seekers ................................................................... 52 IN CONCLUSION ......................................................................................................... 53 NARRATIVES OF LIVING IN A CONFLICT