By Andra Greene and Tom Gregg
In a previous commentary, ‘The Golden Rules of Mediation, from Commercial Disputes to International Conflict’ Judge Layn R. Phillips and Senior United Nations Negotiator Tom Gregg made the case that while the circumstances between commercial mediation and international conflict are different, the approach to mediation is much the same. In this article, PADRE mediator Andra Greene and Mr. Gregg train their lens on the issue of diversity and inclusion in mediation. They ask if there are lessons that can be learned from research on the impact of women’s inclusion in peace processes, for the commercial sector. The answer is yes. As they discuss, research has shown that involving women in peace negotiations leads to greater success, so much so that the United Nations passed a resolution encouraging governments to include them in the process. This is a real-world example that illustrates an important point: regardless of the type of dispute involved, including a diverse range of viewpoints and perspectives is crucial to a successful dispute resolution process. It underscores why PADRE believes so strongly in the values of diversity and inclusion.
What the Inclusion of Women Brings to Peace
Peace agreements are notoriously hard to negotiate and even harder to uphold. Interestingly, recent research finds that women’s participation in a peace process increases the likelihood of a peace agreement lasting at least two years by 20 percent and a peace agreement lasting 15 years by 35 percent (1). There is also clear evidence that the less women are involved in a peace process, the less likely an agreement will be reached in the first instance (2). While further research is required to better understand the causal link between women’s inclusion and the longevity of a peace outcome, studies of the relationship between gender equality and conflict might point to an answer.
Empirically speaking, the best indicator of a country’s ‘peacefulness’ is not determined by its model of governance (e.g., democracy, autocracy), religion, or GDP, but rather its levels of gender equality (3). Conversely, empirical studies have also highlighted that the level of gender inequality within a country is a critical predictor of armed conflict (4). For example, analysis of four decades of data on international crises reveals that as the percentage of women in parliament increases by five percent, a state is five times less likely to use violence when faced with an international crisis (5).
For these reasons, the United Nations adopted Resolution 1325, which recognizes the importance of women’s role in preventing and maintaining peace and calls on governments to improve representation of women in decision-making at the national and international level.
How is the Inclusion of Women Impacting Outcomes?
The short answer is: we do not know exactly. However, examination of this question has highlighted a few key factors that may help explain the outcome. Research reveals that the formal or informal inclusion of women into a peace process brings with it a perspective on the conflict, and its aftermath, that would otherwise be overlooked (6). Therefore, the positive impacts and outcomes of inclusion are not so much based on cliched stereotypes such as ‘women are better bridge-builders than men’ but are far more nuanced. For example, given that in some countries women more typically operate outside of formal power structures and are less likely to mobilize their own fighting force, combatants are less likely to consider women a ‘party to the conflict’. Therefore, in such situations women are more likely to be seen as impartial in peace processes than their male counterparts. This dynamic means women may indeed have more opportunities to secure access and build trust with conflict parties. Having the trust of the parties to a conflict is critical to successful dispute resolution.
Research also indicates that women are more likely to mobilize diverse groups in society, and to set aside social, ethnic or cultural divisions that become more amplified during a conflict (7). Moreover, women and women’s groups in some circumstances are more adroit at connecting with groups across a broad societal spectrum – from the grassroots to the elite level. This approach naturally increases the likelihood that a mediation or a peace process is informed by, and responsive too, current conflict dynamics as well as enjoying broader societal participation and legitimacy. The key here seems to be the broader the viewpoints included in the process, the more likely a desired outcome.
Finally, and perhaps most importantly, a woman’s experience of conflict generally differs from that of a man. Much research has gone into the impact of war on women, who are less likely to fight and be killed on the battlefield but die in higher numbers from war’s indirect effects—the breakdown of public services, human rights abuses, the spread of infectious diseases, sexual violence and economic devastation. It is due to this experience that women are more likely to consider and prioritize social and humanitarian needs during peace negotiations, in addition to focusing on issues such as power sharing and military operations (8). This wider perspective on peace and conflict, weaved into a peace process, has been shown to help populations accept and transition from conflict to peace time.
What this may mean in the commercial sector
The positive impact of the inclusion of women in the peace process that led to UN Resolution 1325 is a striking example of the value of including diverse points of view in all forms of dispute resolution. While there are obvious differences between international conflicts and commercial mediation, there are also many similarities. Both types of disputes involve parties with markedly divergent and strongly held positions. Both can be situations where the parties see the conflict as a matter of survival. Whether it is an international conflict or a commercial dispute, fundamentally, the principle of inclusion remains unchanged: it is the diversity of experience and inclusivity of a mediation team that informs the dispute resolution process while at the same time generates greater opportunities for creativity, trust building, legitimacy, and, therefore, better negotiated outcomes.
As part of its relentless approach to resolution, PADRE understands the value of diverse mediation teams. From the firm’s inception in 2014, Judge Phillips has emphasized hiring and training a diverse bench of highly qualified neutrals. Creating an inclusive environment is critical to successful mediation. Having mediators who are representative offers a safe environment where parties feel heard and understood. Diverse teams of mediators provide a broader range of perspectives and approaches to the mediation process leading to more innovation and creativity in problem solving.
