Involving a mediator

A mediator or a neutral party, a Chairman of a negotiating group or the Director-General of the WTO in the context of multilateral negotiations have a formally limited role, but in the reality have a relatively extensive capacity to influence the consensus-building process.

J. Odell, in a pioneer article on the subject[16], analyzed the role that the Chairman of a negotiating group or the WTO Director-General can play. He shows that their role can relate to three types of mediation, from the most passive to the most active.

б Passive observation, diagnosis and information/communication

The mediator observes the positions, tries to understand the bottom lines and specific deadlocks, puts the emphasis on "common interests" and feeds the parties with information. The mediator can then play an important role in the realistic assessment of every partyХs BATNA through costs/advantages simulations. Through specific questions or information, he can also point out the unrealistic aspect or misplaced optimism of certain positions.

On the basis of informal discussions he holds with the various parties, he provides information on subjects that are still problematic and issues where consensus is reachable. The mediator can also ask the WTO Secretariat to provide technical briefing notes when he thinks that the parties do not have a clear understanding of the technical issues at stake.

б Active support of the discussions and introduction of proposals

The second role of a mediator is the one of formulating proposals. He uses the power he has in the definition of the agenda (issues to negotiate uppermost, subjects left aside temporarily or definitely, issues divided in two or more subjects, creation of negotiating sub-groups etc.) or in the control of the negotiationsХ timing (breaks, postponements, deadlines, etc.). The mediator can also actively encourage or even organize Тgreen room negotiationsУ[17], introduce a draft agreement or Тtrial balloonsУ. However, in this context, the challenge of the mediator is to evaluate correctly the true bottom lines of each party without falling into their bluffing attempts... Then, he can put in place a formula or negotiating package that the parties will estimate fair and equitable, and that will be the basis for their future discussions. The proposed text should not come too early or it would run the risk of being rejected by the negotiating parties. The mediator must finally assess as precisely as possible the respective weight of the proposals coming from the various negotiating actors.

б Active part in the negotiations

The third role is the most active, but also the most dangerous for the mediator's neutrality status. In this position, the mediator becomes an actor in the negotiation. The mediator, if he holds enough credibility and prestige, can try to go over the head of problematic ambassadors to address directly their governments. The mediator can also use media, public opinion, and in particular cases even non-governmental organizations, to put pressure on the negotiating parties.

Summarizing the above, the role of a mediator is essential. In another article[18], John Odell has clearly shown the impact the action of the mediator has had between the failure of Seattle and the apparent success of the Doha Ministerial Conference. However, the position of mediator also holds potential risks, among which the biggest is the one of being seen as biased and favouring one of the parties to the negotiation. Only a leadership that is not questioned, based on technical knowledge of the subjects and clear negotiating and mediation skills can allow the mediator to succeed in his role.

Дата добавления: 2015-07-20