Alternative Dispute Resolution between Theory and Practice: Mediation and Negotiation in Resolving Palestinian Social Conflicts رسالة ماجستير

Abstract

This study aims to investigate the social conflicts that necessitate the employment of alternative dispute resolution (ADR) techniques, namely Mediation and Negotiation, in the Palestinian social context. It seeks to examine the challenges involved in using these ADR techniques, and to assess the degree of similarity and difference between the theoretical framework for ADR techniques and their practice in the Palestinian social context in order to assess their cultural fit. The present study also intends to look into the ADR techniques as a prerequisite step before resorting to the courts. The study population consisted of all reconciliation experts who work under the supervision of the Civil Peace Departments of the Palestinian governorates. The sample comprised fifteen professional, well-known Reconciliation Men from different governorates of the West Bank. The study used narrative interviews and the descriptive qualitative approach to collect and analyze the data respectively. The study has come up with some results, the most important of which is that the Palestinian culture requires using a new ADR technique, called Medigotiation. The term or the noun “Medigotiation,” a blend of two ADR techniques, Mediation and Negotiation, is designed as such by the researcher in order to emphasize the significant role of these two ADR techniques when attempting to resolve Palestinian social conflicts. By using this new tool, it is going to be possible to achieve an adequate level of compatibility between the ADR theory and its practice or application in the Palestinian society. This technique involves the intervention of a third party, either voluntarily or as requested by the conflicting parties, to stop the VI ongoing conflict. This third party, who should be neutral and impartial, shall consider the conflict thoroughly and negotiate with the conflicting parties until a satisfactory solution or agreement is concluded. The characteristics and skills that the Medigotiator should have are those of Mediation and Negotiation. This new ADR technique or tool chimes with Mediation and Negotiation in certain aspects and differs in others. Finally, the study is concluded with some recommendations, mainly: 1. Considering and implementing all the recommendations proposed by the Reconciliation Men. 2. Adopting the Mediation Law as a mandatory proactive step before resorting to the court. 3. Incorporating the Medigotiation tool into the ADR theory as a new technique that might be appropriate for some societies and cultures similar to the Palestinian one. 4. Conducting further research or studies regarding this new technique, Medigotiation. 5. Providing Reconciliation Men with more training on how to best make use of this new tool in achieving civil peace.