Training on Mediation

By | May 5, 2019

 

Background

Training_on_MediationThe situation of Cox’s bazar, particularly in Ukhia and Teknaf Upazilla become unstable due to unwarranted entranced of Rohingya communities. Around 908000 Rohingya communities were fled from Myanmar to Cox’s Bazar and Chittagong Hill Tracks. As a result level of poverty and environmental vulnerability has put immense strain on infrastructure, services and the host population in Cox’s bazar. Even conflict and social tension is rising gradually, within Rohingyas in the camps and also between Rohingya and host community at the outside of the camps. To address this issue and to improve the situation through promoting social cohesion, resilience and peace in the area it is essential to identify existing problems of the community through understand the relation between Rohingya ‘refugees’ and host community and need to facilitate to resolve conflict with the assistance of local community.

Training_on_Mediation_2UNDP initiated to work intensively through a project C2RP with an aim to hold dialogues and discussions with local stakeholders to create community leadership and to introduce mediation for promoting social cohesion, resilience and peace in the host community. To achieve the objective UNDP dealt with Madaripur Legal Aid Association (MLAA) for organizing 6 batches Training on Mediation for 150 Community Members of Ukhia and Teknaf Upazillas.

Training_on_Mediation_3Madaripur Legal Aid Association (MLAA) the first human rights and legal aid organization in Bangladesh was founded in 1978 with an aim for establishing the rule of law based on democratic participation, human values, justice and equality. MLAA started its journey providing legal aid service to support poor people, particularly women, to establish their legal rights through formal courts and reforming Mediation/ Shalish which is an initiative to promote justice at the community level. From the very beginning, the organization cares for individual capacity building and community development and has been organizing different trainings for different target groups and NGO staffs who were involved in disputes resolution activities.

Objectives of the Training

  • To identify existing problems of faced by the participants about relation between Rohingya ‘refugees’ and host community and define role and responsibility of participants to resolve disputes.
  • To build the capacity and enhance skill of the community members (Student, Teacher, UP Chairman, UP Members, UP Women Members, Women leaders, Businessman, journalist, Social activist, Politicians) in targeted area.
  • To increase awareness and leadership skill  of participants  on Community Based Mediation
  • To raise awareness and enhance skill of participants on community mediation and mediation technic in promoting social cohesion, resilience and peace in the community.

Number of Participants

Training_on_Mediation_ParticipantA total of 150 persons (Trainees and organizers) participated in the Training in 6 batches (25 persons in one batch in average) which includes Student, Teacher, UP Chairman, UP Members, UP Women Members, Women leaders, Businessman, journalist,   Social activist, Politicians etc.

 

Approaches of the Training

MLAA considered following steps of training, such as, a) Identify problems of community,       b) need assessment of participants, linking with project objectives, c) design the training program, d) conduction of training, e) ensure involvement of training participants in practice,     f) training evaluation and fulfillment the objectives of the project.

Training_on_Mediation_Participant_2

Identify problems of community: At the beginning of the training the problems of the area was identified through consultation with participants.  Need assessments was also a tool to get the information of existing situation.  It was found that conflict and social tension is rising gradually, within Rohingyas in the camps and also between Rohingya and host community at the outside of the camps.

Need Assessment of the Training: During the need assessment of participants the existing culture and norms of the community of Ukhia and Teknaf was considered and desire of participants was placed.

Design the training: The design of the Training was equipped considering the existing culture and norms of the community of Ukhia and Teknaf of Cox’s Bazar district and the need of the participants.  The materials and module of the training were redesigned accommodating the assessment findings and objective of the training.Training_on_Mediation_Participant_4

Facilitation of training:

The Training was conducted with an aim to build the capacity,   increase awareness and enhance leadership skill of participants on Community Mediation. The methodology of the training was mostly participatory and participants had the opportunity to enhance their skill and knowledge on community mediation. MLAA used multidimensional approaches for trainings applying mainly participatory methods with emphasis on practical session.  The methods applied mainly was lecture, practical session, role play, group discussion, case study simulation game, use of flip chart, field visit etc.

Involvement of training participants in practice:  In the training there were options to oobserve a life Mediation session for sharing experience of the practical Mediation.  Participants got practical ideas about how to conduct mediation, necessity to maintain documents of mediation and how to keep documentation of all the procedure of mediation.

Training evaluation: At the beginning of the training participants a pre-evaluation was carried on by participants and at the end all participants completed the same format as post-evaluation.

The findings were assessed and clearly identified the conceptual changes of participants about the community mediation.

Methodology of the Training  

MLAA used multidimensional approaches for trainings and developed a module to conduct training course. MLAA conducted all 6 courses applying mainly participatory methods with emphasis on practical session.  The methods applied mainly are lecture, practical session, role play, group discussion, case study simulation game, use of flip chart, field visit etc.

Venue of Training

The venue of the training was Training and Resource Center (TARC), MLAA using two training rooms for conducting two courses at a time.

Duration of the Training

Duration of per course was five days and total duration of  6 batches training were 15 days (11-25 April 2019) conducting two courses at a time.

Facilitators of the Training

All courses were facilitated by experience facilitators who have outstanding knowledge and skill on mediation training. Following facilitators conducted all six courses.

  1. Advocate Khan Md. Shahid, 2. Advocate Humayan lasker, 3. Advocate Ibrahim Mia, 4, Advocate Subrata Das, 5. Advocate Munir Hassan, 6. Advocate Moshiur Rahman, 7. Advocate Nazmunnahar 8. Advocate Naznin Akter 9. Sayera Parvin, 10. Abu Daud Md. Samim, 11. Md. Delowar Hossain.

Inaugural Session

Training_on_Mediation_Participant_5The Training was in two batches at a time but inaugural session was arranged with all participants of two batches.  So there were three inaugural sessions. The first inaugural session was on 11 April.  , Mr. Nikaruzzaman UNO  Ukhia,  Mr. Rabiul Hassan, UNO  Teknaf, Mr. Masud  Karim, Project Manager, Community Recovery and Resilience Project, UNDP and Mr.  Khan Md. Shahid, Chief Coordinator, MLAA delivered speech in the session. Mr. Masud explained the objective to arrange the training.  He expressed his gratitude to Honourable UNOs who took part to observe the mediation training.  He said, UNDP works for social cohesion and peace through awareness   building of community.  Due to forcible displacement from own country Rohingya’s are bound to stay in Bangladesh and conflict and social tension is rising gradually, within the camps among Rohingya and also between Rohingya & host community. With an aim to facilitate to resolve conflict with the assistance of local community UNDP intends to arrange mediation training for community members of Ukhia and Teknaf of Cox’s Bazar. As a pioneer in this field MLAA was selected by UNDP for providing the mediation training. Mr. Khan Md. Shahid , Chief Coordinator, MLAA  said, It is difficult to get justice from the formal court. So we need to be enhanced local justice system. MLAA gradually sailed to strengthen local justice, especially to make traditional mediation in a people friendly system by modifying it which is widely known as ‘Madaripur Mediation Model’ and MLAA replicated the model to other areas of the country and by this time we worked with 45 PNGOs in 17 districts to disseminate the model providing training and technical support. We are pleased that people from Ukhia and Teknaf is now with us.

Training_on_Mediation_Participant_Group_SessionMr. Nikaruzzaman UNO  Ukhia said,  “We are facing lot of problems with Rahingas. The problem is not only price hike of this area, but lot of social problems had been generated. Male members of host community get married with Rohinga women and as a result social and family disputes are rising. This Training will aware community members to resolve disputes and it will also helpful to address the problems of Rahinga issue”.  He also said that he talked with some people who received training in previous batch and become interested to observe the training and to know what MLAA has been doing.  Mr. Rabiul Hassan, UNO Teknaf said, “we all are aware about ADR, particularly mediation which is the best way to resolve disputes rather than formal justice. If people become more interested to resolve their disputes through mediation they will not harass by broker and not money will be expended”.   He also said when he was UNO of Rajbari he was involved with the Village Court activities which was implemented by MLAA and became aware that MLAA has been working with legal aid. “I am also interested to observe the training of mediation that’s why I have come here” he said.

The second inaugural session was held on 16 April 2019 and last one was on 22 April 2019. In all inaugural session Chief Coordinator of MLAA was present and provided a brief description of MLAA’s activities and the insights of mediation program of MLAA.

Need Assessment of the Training

After inaugural session, need of participants was assessed to get their expectation about training.   During the need assessment of participants the existing culture and norms of the community of Ukhia and Teknaf and their feelings was taken into account. Participants expectation on training was came out. Based on the assessment the materials and module and design of the training are accommodated and training was conducted accordingly.

 Findings of need assessment

During the need assessment participants expected to know some issues about mediation & its’ technic and some laws.

The participant’s expectation was to know;

Mediation and its’ Technic Relevant Laws
Basic concept of Mediation, Necessity of Mediation Steps of Mediation Difference between Litigation and Mediation What to do for neutral mediation How to avoid influential persons  from mediation Quality of a Mediator  How mediation is related with local govt.   Role of Ups to conduct Mediation, How people can get remedies through Mediation Law on Village Court and procedure Law on Child Marriage Land Law Prevention of cruelty  to women and children Dowry prevention Act Who is eligible for legal aid Muslim Law Hindu Law, How to build a drug free society Human Rights.

 

Subject Matters and Learning

The courses were carried out almost same design for every batch. There were six core thematic areas in the training, which are a) Groundwork (need assessment, pre-evaluation, group formation etc.), b) Rights and Human Rights. c) Ways of dispute resolution, d) Consequence and issues relevant with Mediation process e) Observation of life mediation session and f) Laws related to mediation.  As per design and conduction process of the training following topics were shared and disseminated among the participants.

Groundwork (need assessment, pre-evaluation, group formation etc.)

Topic Learning
Need assessment

Pre-evaluation

Formation of working groups.

Participants expressed their individual desire what they want to learn from training.

A self-evaluation was done before going to main topics which reflected participant’s existing knowledge on relevant topics.

Different working groups were formed through open discussion.

 


Rights and Human Rights.

Topic Learning
What is Rights and

What is Human Rights.

Participants are aware about rights, human rights and responsibility.  Their role to protect human rights violation shared and they were motivated to act as a Human Rights actor.

Ways of dispute resolution

Topic Learning
Dispute and consequence of dispute. Participants are aware what dispute is, causes of dispute, how dispute generate and result of dispute within disputant parties, their families and in the society.
Ways to resolve disputes (formal and informal justice system). Participants got a clear conception about the difference of formal and informal justice system, structure and function of formal justice system, ways and procedure of informal justice system and merit demerit of formal and informal justice system.
Significance and necessity of mediation. Participants shared their experience about the necessity of mediation for building peace in the society and afterward some logical points were identified why mediation is necessary and useful in the society which resulting win-win situation both the parties.

 Issues relevant with Mediation process

Topic Learning
Limitation of traditional mediation process. The limitations of traditional mediation and how to overcome the limitations of existing mediation system was identified by the parties.  The core limitations are: a) Women don’t participate in Mediation, b) Mediators are not Trained on mediation technic, c) Not disputants but mediators decide and impose their decision. d) Mediators are not well aware about laws and sometime don’t follow the laws.  e)  Mediators sometimes misinterpret   laws and religious concept. f) Disadvantaged, poor and women usually don’t get proper solution.
Legal framework of mediation.

Which disputes can be dealt and which cannot be by mediation.

Mediation is allowed in different areas in our laws directly and indirectly. It was shared which disputes are eligible to deal through mediation and which are no.  Some sections of existing laws allowed to resolve compoundable disputes through mediation and particularly some heinous criminal offences, such as, murder, rape, acid throwing, grievous assault, sexual violence etc. cannot   be dealt with mediation.
Steps of Mediation Through a participatory method participants became aware what to do from begging to end of mediation and the steps of mediation to be followed for better resolution of a dispute.  In brief the steps are: a)
Difference between Mediation and Litigation. In this session participants identified merit and demerits of  mediation and litigation and after

comparison mediation with litigation a clear picture was drawn in the session about the merits of mediation rather than litigation.

Quality of a Mediator To conduct the mediation a mediator  should be some specific qualities,  such as, acceptance by the parties, impartiality, knowledge about the culture and the ways of life of the   parties, patience, knowledge about the existing laws, convincing power, sincere listening, sociable and openheartedness, organizing capacity, ideas about people of different strata in the society,  sympathy and tolerance towards disputing parties, tactfulness, capability of solving afterwards problems,  firm confidence and keen interest, capability of controlling the unfair situation, knowledge about the process of discussion and  knowledge about documentation of mediation.
Features of Madaripur Mediation Model(MMM)

 

In the session a brief idea was given about Madaripur Mediation Model (MMM). MLAA was the first organization to identify salish as an important foundation for a cost-effective, expeditious, and accessible venue of justice and  incorporated new trends of mediation” into traditional salish, creating an ADR mechanism better known as Madaripur Model of Mediation (MMM).

The goals of the Madaripur Model of Mediation (MMM) are to:

Offer disputants an alternative to the court system.

Provide inexpensive, expeditious access to justice for rural women and the poor.

help disputants resolve their conflict in a manner that is compatible with their abilities

identify facts and feelings that personify the conflict and establish a means for resolving the conflict without resorting to violence

identify the communication patterns that emerge during the mediation and note any destructive behaviors that result from those patterns

encourage the disputants to work further on contentious issues that cannot be resolved in individual negotiations.

Necessity of women participation in mediation  Participants were agreed that without participation of women in mediation process mediation cannot be fruitful. In the session the problems of participation of women was identified and possible ways to encourage women to participate in the mediation process.
Role of mediator to conduct mediation. Participants were more interactive and learned from each other about the role of a mediator in the mediation process.

The mediator will act as a:

Convener: to negotiate a settlement in good faith.

Process-Assessor: to assess the personalities involved in the conflict and determine how they can be made to work together to bring out a resolution.

Communication Facilitator: to ensure the free flow of communication between the parties.

Referee: to undertake the daunting task of acting as a referee or buffer zone between the parties.

Reality-Tester: to assume the role of reality-tester and provide the disputants with an independent perspective on the quality of their arguments.

Idea Generator: to help the parties develop collaborative options beyond zero sum thinking.

Resource Expander: to facilitate movement from disputants’ positions to their underlying interests in order to expand the resources for compromises.

Harmonizer: to create an emotional climate conducive for productive dialogue and decision making.

Consensus Tester: to assess the possibility and proximity of an agreement through a trial-and-error process.

Gainer of Closure: to help parties to come up into a solution.

Observation of life mediation

At a time two training courses were conducted. During the training one full was allowed to observe a life mediation session and sharing experience. By this way six batches went six different places to observe the mediation session.

Topic Learning
Observation of a life Mediation session.

 

 

Sharing experience of the life Mediation.

 

In the event of observation of life mediation two batches went at two different places each time. Participants of both the batches took practical ideas about how to conduct mediation, necessity to maintain documents of mediation and how to keep documentation of all the procedure of mediation.

In the afternoon participants shared their experience of observation of mediation. The facilitator who was accompanied in a particular batch assists them and explained on different questions raised by them.

 Laws related to mediation (Muslim Law).

 Most of the community people are Muslim, even family disputes among Muslim are related with Muslim law and all expected laws are not so much relevant with mediation, so due to time limitation only Muslim Law was discussed in the training

Topic Learning
Muslim Law (Marriage, Divorce, Dower, Maintenance, inheritance etc.) In a brief discussion on Muslim Law participants get basic idea on legal procedure of Muslim marriage, legal barriers and procedure of divorce, necessity, responsibility and legal bonding of maintenance & dower and understanding on inheritance.

 Pre and Post-evaluation
At the beginning of the training participants completed the pre-evaluation and at the end all participants completed the same format as post-evaluation.

The issues of evaluation were a) What is Rights, b) What is mediation, c) Write three points on necessity of mediation, d) Issues cannot be addressed through mediation, e) Difference between Mediation and Litigation, f) Write five qualities of a mediator, g) What to do before arrange a mediation session, h) What to do in the mediation session, i) what to do after mediation session, j) Do you feel necessity of women participation in mediation, if yes why.

After assessing the finding it was found that at the beginning of the training the concept of participants about mediation is almost well, but in some areas participants concept was not up to the mark, such as, a) concept of rights, b) basic concept of community mediation that mediation ,  c) difference between litigation and mediation, e) what to do before session, in mediation session   and after mediation session, f) limitation of mediation, g) issues which cannot be settled by mediation, h) necessity of women participation in mediation.

After the end of the training it was found that most of the areas their concepts were changed and the gaps of understanding were minimized. The changed factors found in the post evaluation  are  a)  rights is not only demand, but rights is recognized by laws b) community mediation is not only dispute resolution, in mediation decision will come from disputants and will create a win-win situation,  c) difference between litigation and mediation shown why mediation is better than litigation, e) mediators have to play some specific role  before a session, in mediation session   and after mediation session, f) law mentioned which disputes are compoundable, g)  which are not addressable through mediation, such as, rape, murder, acid throwing, heinous offence,   etc. h)  women participation in mediation is essential because women can freely share their problems to women mediators when a woman is victim.

Views of Participants 

The Training was in two batches at a time so closing session was arranged with all participants of two batches who received training at a time.  As a result there were three closing sessions.

In each closing session around four to five participants expressed their opinion about the training. The brief of their expressions are as follows;

  • We are encouraged to replicate the mediation technic shared in the training in our area and committed to form mediation committee when and where necessary.
  • The in-deft technic of mediation which we gathered in the training will help us to work in field level, even in our family life.
  • In observation of a life mediation of MLAA we learned a lot, especially how mediators take the opinion of both parties and how to manage a session for a better ending.
  • We understood clearly mediation is much better than litigation.
  • As a mediator and social activist we are motivated to encourage people for resolving their disputes through mediation.
  • The training was a forum to enlighten ourselves how to work for the distressed people.
  • It was learning for us that as a mediator we have to see equally to all people irrespective of male, female, rich, poor, religious and ethnic point.

Conclusion

Conflict could be occurred in any society and it is almost related with our life. Cox’sbazar district is a part of Bangladesh and like other districts conflict within the community is a common phenomenon, but   after forcible displacement of Rohingas in this area the scenario of this area was changed and conflict happening in different shapes within Rohingas camps and also between Rohingas and host community. UNDP intends to address the situation with an aim to restore peace and harmony in the community and need to facilitate to resolve conflict with the assistance of local community. So this mediation training was arranged.

The design and materials of the Training was developed as per need of the participants and objective of the training. The methodology of the training was mostly participatory and participants had the opportunity to enhance their skill and knowledge on community mediation. As per their opinion the training builds a great impact in their life and they are capable to replicate the system in their own area for effective resolution of the disputes to create a peaceful harmonious sustainable society.

Leave a Reply

Your email address will not be published.