Originially from: World Arbitration and Mediation Review (WAMR)

Originally from: World Arbitration and Mediation Review (WAMR) 2000 Vol. 11, No. 12 The Mother of All Mediations by Joshua M. Javits, Esq. [Mr. Javits is a partner at Ford & Harrison, LLP, in Washington, D.C. where he practices labor and employment law, with a specialty in alternative dispute resolution and mediation. Mr. Javits is the former chair of the National Mediation Board and is an Adjunct Professor at Georgetown Law Center where he teaches ADR. President Clinton’s recent meetings with Yasser Arafat and Ehud Barak failed to accomplish its limited goal—to implement the Sharm El-Sheikh ceasefire agreement. This points to a diminution of an already diminished reputation of the U.S. as Middle East peacemaker. The next President, whomever he might be, will have to deal with this tarnished U.S. image. Previously, at Camp David, not only did Clinton’s mediation efforts fail to stop the acrimony, but it contributed to unleashing forces that brought tragic violence. The raising of expectations through summit-type mediation and then the dashing of those expectations through failure had a devastating impact. A second failure could lead to a disavowal of the Oslo accords or even to all-out war. What can be learned from the recent mediation efforts, and how can Clinton, if he has another chance, or the next President, use mediation to greatest effect? The art and science of mediation has developed a set of principles and techniques which its adherents believe can be used to resolve virtually any dispute. Negotiation may be defined as the process of narrowing the number of issues in dispute and reducing the distance between the parties on each issue. Mediation, which is really negotiations facilitated by a neutral third-party, has