Note: The perspective outlined below reflects the Centre's approach to mediation in general. The approach is not specific to the Western Cape transport conflict.

Definition of mediation

We define mediation as a process of facilitated dialogue and negotiation in which an independent mediator assists parties in conflict, with their consent, to reach agreements that they find satisfactory.

Mediation is thus a consensual and co-operative approach to resolving conflict.

Mediation does not take the place of legitimate law enforcement, and mediators do not assume the functions of legitimate law enforcement agencies.

Function of the mediator

The job of the mediator is not to solve problems on behalf of the parties. The mediator's function is rather to facilitate talks, problem-solving and decision-making by the parties. It may also be necessary for a mediator to help the parties to implement and monitor adherence to agreements.

We assume that parties in conflict are most likely to abide by agreements that they have entered into voluntarily and that address adequately their concerns and interests.

Non-partisanship

CCR mediators are non-partisan. They treat all parties fairly and do not attempt to prejudice or favour any single party. If a mediator displays bias against a party, the mediator will not be trusted by that party. Without the trust of all the parties, a mediator cannot possibly be effective.

Our commitment to non-partisanship does not imply that we are neutral with respect to violence, the rule of law and constitutional rights. The Centre's mission statement declares our resolve to contribute to "a just and sustainable peace in South Africa and other African countries by promoting constructive, creative and co-operative approaches to the resolution of conflict and the reduction of violence".

It follows from the above that CCR mediators will help the parties to ensure that their agreements are consistent with the Constitution and the law.

Independence of mediators

CCR mediators are independent.

Their appointment, on-going mandate and specific instructions derive from the parties collectively rather than from any single party. The mediators are accountable to all the parties.

Confidentiality

CCR mediators meet with the parties to a conflict separately and collectively. Where the mediators meet with a party separately, they may request that party's permission to communicate its position to other parties in order to promote mutual understanding and problem-solving.

However, where a party addresses a CCR mediator privately and specifically requests that certain information be held in confidence, the mediator is obliged to respect that request.

Complexity of conflict

There are no simple solutions to serious conflict where numerous parties are involved, where the issues in dispute are multiple and complex, and where there is a high level of mistrust between the parties.

However urgent the necessity to resolve a particular conflict, peacemakers who seek `quick-fix' solutions or attempt to rush the mediation process are likely to be ineffectual or counter-productive. A mediator who does not take seriously the concerns of a party will not be taken seriously by that party.

CCR therefore shares the view of a former UN Special Representative to the Middle East, who remarked that for a mediator, "patience is the greatest bravery".

Moreover, it is essential for mediators to help the parties to address not only the symptoms but also the underlying causes of serious conflict.

Broad consultation and communication

In the course of negotiating the resolution of widespread conflict, a distinction should be drawn between the representatives of the negotiating parties; the members and constituencies of those parties; and the many other groups and communities that are affected by the conflict.

The point of this distinction is to highlight the importance of consulting with, and communicating progress and decisions to, those individuals and groups who are not represented directly in the negotiations.