Renowned alternative dispute resolution (ADR) expert Austin Gamey has stressed that genuine mediation remains the most civilised and effective way to resolve complex conflicts like the Bawku crisis, but warned that the process hinges on full commitment from all involved parties.
Speaking on Joy Prime on Monday, July 28, Mr Gamey stated that mediation rarely fails on its own, but rather falters when stakeholders lack the will to see it through.
Mediation will normally not fail, and it has never failed before. It is the parties that may not agree to have the matter resolved and would like to go to the next level, if you like, arbitration, he explained.
He referenced the ongoing mediation led by the Asantehene, noting that its success will depend on the credibility of participants and the sincerity of their engagement.
If it is really true that the parties voluntarily agreed to participate in the mediation process… then normally the right people who are to participate in the decision-making process, that is to say, those who represent the owners of the conflict, must be present, he said.
Mr Gamey emphasised that only representatives trusted by the “owners” of the conflict can make binding decisions that will be respected by all sides.
Because the conflict has owners, and the owners must send their representatives whom they have confidence in, such that at the end of the day, when a decision is made, it will be fully accepted, he added.
He also cautioned that mediation efforts could be undermined if the facilitators lack sufficient experience or a deep understanding of the conflict’s dynamics.
If the mediators involved lack the necessary skill and understanding of the conflict, their efforts may fail to produce any meaningful outcome, Mr Gamey warned.
His comments come in the wake of renewed violence in Bawku, where the tragic killing of two students has reignited tensions and heightened calls for long-lasting peace in the troubled region.
