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Development in Mediation

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Development in Mediation améliorer le dialogue médiation interculturelle, réelle et ecace améliorer le dialogue Médiationdi iii interculturelleillllll e ectiv i e responsabilisation de la communauté rom faciliter la communication pole européen de formateurs Developments in mediation – Current challenges and the role of ROMED Jean-Pierre Liégeois 2 French edition: L’évolution de la médiation, les défis actuels et le rôle de ROMED The opinions expressed in this work are the responsibility of the author and do not necessarily reflect the official policy of the Council of Europe. All requests concerning the reproduction or translation of all or part of the document should be addressed to the Directorate of Communication (F-67075 Strasbourg Cedex or [email protected]). All other correspondence concerning this publication should be addressed to the support team of the Special Representative of the Secretary General for Roma issues. This brochure is a summary of the Council of Europe publication Developments in mediation – Current challenges and the role of ROMED (ISBN 978-92-871-7374 available through Council of Europe publishing http://book.coe.int) Jean-Pierre Liégeois Cover design and layout: Documents and Publications Production Department (SPDP), Council of Europe Photo : Shutterstock © Council of Europe, October 2012 Printed at the Council of Europe Improve Dialogue Empowerment of Roma Communities European Pool of Trainers EectiveiI Interculturllal MediationMdM iii Increased Accountability of Public Institutions Democratic Participation Facilitating Communication The issues at stake The training programme for Roma mediators, launched by the Council of Europe in 2011, has certain features which make it unique for a project of this scale, in terms of real value, duration and key outcomes, both in Europe as a whole and in individual member states. The strategy adopted must respond to needs and expectations starting with those of Roma communities, since opportunities of this kind have rarely come their way in the past. Implementing it is a complex business and there is still a high risk of error, which is why there must be a parallel process of reflection. This booklet offers a brief presentation of the document published by the Council of Europe as part of that reflection process. Putting the programme in context and explaining its value The research sets out to contextualise and evaluate the action taken, and to highlight its positive features and uses. It is intended to provide guidance for programme leaders, to enable active participants – trainers, mediators, employ- ers and others – to see their efforts as part of an overall scheme, to help policy makers to make the right decisions, and to explain the operation to a broader audience. Contextualisation is important, since it identifies the factors which need to be taken into account in mediator training, traces the conceptual history of media- tion and analyses its antecedents. This helps us to select realistic approaches, build on past work, increase our knowledge and adapt the action we take more effectively. By creating a space for dialogue, contextualisation also helps to bring Roma- related issues and initiatives out of their isolation, by which we mean that action taken in this area can and must be inspired by, and itself inspire, action in other areas. This boosts the programme’s image, since the usual stereotypes are reversed and Roma are seen as a reference source and model for positive action. It also has beneficial effects on European co-operation, action to combat discrimination and marginalisation, and the search for ways to improve diffi- cult situations. ROMED provides inspiration for the intercultural policies that are needed to manage present-day societies, where diversity and pluralism are the hallmarks. 1 Improve Dialogue Empowerment of Roma Communities European Pool of Trainers EectiveiI Interculturllal MediationMdM iii Increased Accountability of Public Institutions Democratic Participation Facilitating Communication Mediation – The idea Background ogue • Eective In Dial tercu Mediation has long beenve used as an instrument of social regulation in variousltu cultures. Recently,o it has acquired a higher profile – and a new function. Asra pr l M economic problemsm develop, social change becomes more marked and acceler- e ates, leaving• I individuals less and less able to keep pace with it. Simultaneously, d migrationn and rural depopulation are uprooting and sometimes fragmenting ia o tio families,ti and thus weakening social ties and traditional regulating mechanisms, n all athis at a time when the workings of society itself are steadily becoming more ic ncomplex. Everything conspires to make interpreters, facilitators, mediators, u counsellors and guides essential in relieving the plight of communities who are increasingly a prey to poverty and exclusion. Cumulatively, various prob- m mmunities lems (housing, employment, health,Co etc.) are undermining• D social ties, focusing m people on their own difficultiesa and eventually leading to a senseem of relegation o m and rejection which cano spark violence. On a personal level, individualso feel C R c profoundly isolated. fThis is why professional “facilitators” with community-ra g building skills are proposedo as a means of restoring social cohesion. ti n c i t tive In t There are ambiguities,n however: theseec new professionalter workers are employedP a e c a t by the authorities and may be seen as an attempt to “buy”u peace in the comr - i E l t l • t i munity, defuse potentiallym explosive situationsom and shift responsibilityu away fromi r C c c e m the very people whose autonomy they are supposed to be fostering.r i e g a p a u u n l F i n a w g t M • t i o a Uncertain status o c i l t s o e i p a l a i i d n n t At present, mediators are in fashion andc are sometimes seen as the magic key a F i m o D i o a i • to resolving conflictsE and defusing tensions, but their function has never been n e t t v E • • i institutionally consolidated, with the o result that neither their work, nor the train- I r u m o p u t h n i ing they need, has been properly defined. In most cases, theirs is a precarious r c t o a • s activity aimed at precarious communities. o R p r n i I p g e p Nonetheless, this activity is increasingly regarded ash vital in a Europe where eco- A t a c s - d B e i s nomic choices have obscured social realities.a l n b P u o P A new approach o f l o o Mediators’y usual task seems to be that of repairing strained or severed com- f t i l T i munication links, stepping in when institutions fall short, and defendingr violated b a a i n or disregarded rightst – in other words, reacting when problems arise. Indeed, n e u r s o • mediation is often seen asc the art of conflict management. Certain trends sug- c I n A c r d e e s gest, however, that mediators could playa a more “proactive” and positive role, and facilitate action instead of just responding to problem situations. 2 Improve Dialogue Empowerment of Roma Communities European Pool of Trainers EectiveiI Interculturllal MediationMdM iii Increased Accountability of Public Institutions Democratic Participation Facilitating Communication Mediation and Roma • Eec Activities aimed at Roma can inspire new practices. The fact that policy mak- gue tive I ers are now insisting on the need to train and employ more Roma mediators, ialo nterc e D ultu and that field projects (some of them far from new) are fuelling that process, ov ra suggests that the general situation is improving. The publication highlights past pr l M m e milestones and provides useful pointers for the future, citing old projects which • I d the various institutions have forgotten. n ia o ti The first major European research study on Roma, published by the European ti o a n Union in 1984, discussed several aspects of mediation and the way in which ic various countries practised it. Its conclusions and recommendations contained n proposals on the training and employment of mediators. u m munitie Com s • D Increasing activity m a em o om o A resolution based on that study and concerned with school provision for Gypsy C R c children was adopted by the European Union in 1989 and generated various f ra g o ti activities aimed at developing a reference framework for mediators. A number n c i t tive In of pilot projects were launched. In 1993, a Roma association carried out a study t t P n ec er on mediators, in co-operation with other similar associations in various parts of a e c a t u r i E l t Europe. It made various points concerning the status, function, recruitment and l • t i m om u i training of mediators. r C c c e m r i e g a p a u u n l In the 1990s, local and national initiatives proliferated, as did projects commis- F i n a w g t M • sioned by the EU. The publication summarised here describes various activities t i o a o c i l t s o e i which reflect the interest taken in mediators by some countries, and the experi- p a l a i i d n n t c ence gained over the years in this field. a F i m o D i o a i • E n e t t v E • • i o I r u m o p u t h n i The Council of Europe r c t o a • s o R p r n The Council of Europe has been working on Roma-related issues for over 40 i I p g e p h A t years and mediators are one of them.
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