MEDIATION AS A TOOL OF CONFLICT RESOLUTION-A CASE STUDY OF KENYA 2007-2008 1.

0 Introduction This chapter presents the background to the study, statement of the problem, purpose, objectives and the research questions. It further discusses significance of the study, delimitations and limitations, assumptions of the study and finally the definition of terms. 1.1 Background to the Study Conflict is a pervasive and inevitable feature of the social systems including the international systems, conflict can lead to mutual satisfaction and growth or acrimony, hostility and violence Bush and Folger (2005). Over time human race have learnt conflict resolution and peace management with the practice of settling disputes through intermediaries has a rich history in all cultures (Gulliver, 1979). Bush and Folger (2005) define conflict resolution as the desire to manage conflict in a way that maximizes potential benefits and maximizes its destructive consequences. According to Deutsch (2010) mediation is one of the tools used by the modern society resolve conflicts and prevents the escalation of conflicts. The study will seek to examine in detail the use of mediation in conflict resolution for the Kenyan Post Election Violence of 2007-2008. The post election violence that erupted in Kenya in December2007resulted in the deaths of over one thousand people and left three hundred thousand people displaced. While catastrophic, the scale of the social and economic destruction, not to mention the loss of life, could have been much greater were it not for the peace mediation mandated by the African Union in January 2008. The Panel of Eminent African Personalities, chaired by former UN Secretary-General Kofi Annan, led the forty-one-day mediation process, culminating in the Agreement on the Principles of Partnership of the Coalition Government and power sharing putting an end to the crisis which engulfed Kenya (United Nations, 2009) Mediation should take place when a conflict as taken some time, the efforts of individuals and actors involved as reached an impasse, neither actor is prepared to continuance of costs or escalation of the dispute and both parties welcome mediation and are ready to engage directly or indirectly in dialogue (Bercovitch, 1984).

Literature from Taylor (1985), Binghma (1986;5) and Moore 1986 conceptualizes mediation as the use of a third party who has no mandate in enforcing the resolutions and the ultimate decision making of the disputants to intervene on regional, international, interstate and ethnic conflicts. Their studies lay emphasizes on neutrality and impartiality in isolation of disputed issues, development of options, consideration of alternatives, and reaching consensual settlement. Bercovitch (1984) indicates that success of the mediation is mostly reached when the conflict cycle is half way, both parties request the mediation, lack of any strong ideological stances and when both parties have relatively same power parity and clear understanding of the parties in conflict. The international community intervention in Kenyan case is seen as the most notable success of the mediation efforts in the modern history (Ferris, 2011). Aspects such as fairness of the mediation, satisfaction with its performance or improvement in the overall climate of the relationship correlates to the success of the process; Success of the mediation is measured in objective terms as the general cessation or reduction of violent behavior and hostilities and opening of dialogue between parties, or when a binding and formal agreement is signed to settle the conflict (Bercovitch, 1984). Although initial efforts by the African Union to deal with the situation bore no fruits; the African Union, United Nations, Kenyans and European Union encouraged parties to the conflict reached amicable solution this lead to the efforts by the UN lead by Kofi Annan which became critical in halting the violence; prior to international involvement more than 1500 persons were killed and others 600,000 displaced from their homes (Ferris, 2011) Based on the above context this study will conceptualize mediation as a extension of peaceful conflict resolution, involving intervention of a third party with facilitative, non-coercive and non binding form of social behavior and an interest to terminate the conflict leading to forgoing of advantages by the parties. This study on mediation as a tool for conflict resolution in Kenya will be of great importance in expanding the knowledge available on the process.

1.2 Statement of the Problem

The research of mediation has suffered a conceptual imprecision and a startling lack of information; mediation is taken as an art behind closed doors; scholars have not also taken to consideration that mediation as an art is susceptible to systematic analysis (Princeton, 1992). Scholars are not keen to discern patterns of behavior in mediation form and any generalizations could be made about the practice Bercovitch (2005). According to Bercovitch (2005) mysterical approach to mediation have led to mediation remaining in the pre theoretical stage; he notes that mediation is normative or prescriptive it posits the desired goal (conflict resolution) and stipulates paths towards the desired goals and paths to achieve this (enhanced communication, rectifying misperceptions and meeting the stakeholder needs). Literature indicates that there is lack of studies of the role of mediation in conflict resolution in a real life scenario with studies been mainly descriptive and not fact finding. There also lacks a study to elaborate role of mediation in the Kenyan case of conflict. Most of the studies have concentrated on the impacts of the conflict and the final outcome of the mediation process without examining or tracing the process of mediation and examining the special characteristics of the violence, disputants or mediators which led to success of the process. 1.3 Purpose of the Study The purpose of the study is to bring out a clearer understanding of the nature, scope and extent to which mediation as a process and a tool was used in resolving the Kenyan case of post-election violence. Specifically, the study will seek to examine the characteristics of mediation as used in the Kenyan scenario against theoretical background, detail the resources available for the mediation and how they were used in the process, examine dynamics of the conflict resolution and trace the process of mediation. The study will among others describe the context of the conflict (nature of the parties, nature of the issues, nature of the relationship between the parties,) mediation (mediators identity, mediation strategy and behavior) mediation outcome (successes and failures). At different levels the study will detail series of conflict-resolution strategies and tools used by the mediators.

1.4 Objectives of the Study This study was guided by the following objectives: 1. To establish the extent to which mediation was used as a tool in resolving the Kenyan post election violence. 2. To assess level to which the general characteristics of mediation were present in the Kenyan case 3. To describe the mediation process in Kenya from conflict to agreement 4. To determine the resources and circumstance necessary for success of mediation as a conflict resolution tool.

1.5 Research Questions A research question is a question that you seek to answer through the collection and analysis of first hand, verifiable, empirical data and information (Engel and Schutt, 2005 p.28). Andrews (2003.pp 23-24) indicates that research questions can be derived from the aims of the research to the extent that they suggest a research methodology and are likely to be answered in the course of the research project. Following such tenancy the proposed study will be guided by the research questions; how was mediation used to resolve the conflict in Kenya; what determined the outcome of the mediation process. 1.6 Significance of the Study The results of the study will contribute to knowledge and used for reference by scholars and stakeholders interested in studying conflict resolution and use of mediation in political conflicts. The findings of this study may be helpful in highlighting various aspects of mediation as process which can be used by theorists and practitioners to advance studies in the field. Lastly, this study may inspire prospective researchers to explore more dimensions of conflict resolution especially conflicts at the county, regional and international level. 1.7 Delimitation and Limitations of the Study

The study will be carried out on the role of mediation in the Kenya Post Election Conflict in 2007-2008, the study will focus on mediation at the national level specifically strategies used by the Panel of Eminent Personalities. The study constricts itself to the time line between the onset of conflict and signing of the agreement between the parties. The study is carried out on a process which was largely secret, the general public could not follow the proceedings, the respondents and insights to the process is limited to less than 20 sources. The study is limited to the national scene without divulging to mediation, dialogue and other conflict resolution practices used at the community level. This being a cross sectional study, time is limited hence need for a longitudinal study which may produce better results and generalization. 1.8 Assumptions of the Study The study assumes that secondary data available is accurate and representative of the nature of the mediation process. 1.9 Definition of Concepts and Terms Transitional political arrangements refer not just to the transitional institutional actors but also to the mechanisms related to interim governance and its legitimating. Power sharing refers to a system of governance in which a group is guaranteed a role in the governance structure through representation in the Executive arm of government 1.10 Summary The chapter has provided background information on the study on mediation as a tool in conflict resolution. The statement of the problem of the study is lack of a clear understanding of the role of mediation in conflict resolution in the Kenyan case and lack of literature about the specific characteristic of the disputants, violence and mediators that influenced the outcome of the mediation process. The chapter has also provided the purpose and significance of the study. Objectives and research questions which will guide the study have also been provided. The scope and limitations as well as definition of significant terms have been included in the chapter

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