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Iraq Latest Crucible For Harvard Mediation: Negotiations Solve Triba

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  • Iraq Latest Crucible For Harvard Mediation: Negotiations Solve Triba

    IRAQ LATEST CRUCIBLE FOR HARVARD MEDIATION: NEGOTIATIONS SOLVE TRIBAL DISPUTES
    by James F Smith

    Boston Globe
    Nov 9 2009
    MA

    CAMBRIDGE - No longer locked in one big war, Iraq has become a land
    of a hundred little wars. And this promised to be one more of them,
    as two well-armed tribes clashed over a coveted swath of land.

    One tribe brandished a promise to 2,000 acres from the current Iraqi
    government. The other pointed to a like promise from the regime of
    Saddam Hussein. Guns were raised, shots fired. There seemed no ground
    for compromise, beyond the familiar local remedy: blood.

    But then something extraordinary happened. The tribes agreed to
    negotiate and, with the help of the local mayor and others, crafted
    a deal giving both sides enough land to meet their needs.

    "They began thinking of their relationship instead of thinking about
    revenge upon each other," said Sa'ad Al-Khalidy, one of those who
    arranged the intervention.

    If it sounds like a chapter ripped right out of a dispute mediation
    manual, well, it was. And the book was written in Cambridge.

    The blood not spilled in central Iraq was another victory for the
    mediation movement spawned by Harvard Law School guru Roger Fisher,
    coauthor of the 1981 book "Getting to Yes." The Boston area has become
    a global hub for teaching conflict resolution theory and practice
    for uses in law, diplomacy, and business in farflung places.

    The mediators in the Iraqi tribes' dispute had all been recently
    trained in methods developed by Fisher, whose landmark work in the
    1960s and 1970s lives on in the many graduate school programs and
    companies that he and his students have forged.

    Dispute resolution programs now offer master's and even doctoral
    degrees at some campuses, among them the University of Massachusetts
    at Boston, MIT, Tufts, and Brandeis. The Program on Negotiation at
    Harvard Law School is a renowned source of expertise in the field.

    Conflict management experts from the Boston area also helped tackle
    vexing international stalemates, from Northern Ireland to South Africa,
    Kosovo to China.

    No wonder that when the State Department wanted to encourage Iraq
    to move toward a culture of mediation and away from war, it turned
    to Conflict Management Group, or CMG, the nonprofit consulting firm
    launched by Fisher in Cambridge in 1984 that is now part of the
    international development and relief group Mercy Corps.

    A total of 73 municipal officials and tribal sheiks from across
    Iraq underwent intensive training by CMG staffers in May and June in
    mediation and negotiation skills. The effort, funded by a $2.5 million
    State Department grant, grew out of a successful pilot program in
    southern Iraq that trained 19 mediators.

    Already, the newly trained mediators have helped local officials tackle
    dozens of conflicts, mostly over scarce resources such as farmland, oil
    income, electricity and water as well as numerous family disputes. The
    goal is to build a national network of respected local negotiators.

    Few countries have as much conflict to manage as Iraq. But Iraq has
    little tradition of mediation, said Arthur Martirosyan, who lives in
    Belmont and has run the Iraqi training program for CMG since 2006.

    Traditionally, arbitration of disputes is left up to local sheiks,
    whose decisions - picking one claim over another - often leave behind
    festering anger.

    Martirosyan came to Cambridge in 1991 to work with Fisher at CMG,
    after getting a master's degree from Yale. An ethnic Armenian born
    in the former Soviet republic of Georgia, Martirosyan has used his
    negotiation and language skills to mediate conflicts in Chechnya and
    other regional hotspots as well as the Middle East.

    Martirosyan returned to Iraq last month to train 24 more Iraqi
    mediators, most of whom are tribal sheiks or municipal council
    officials. He will also offer refresher courses to program graduates -
    reflecting his conviction that good mediating skills take practice,
    like playing the piano.

    Khalidy, the coordinator for central and southern Iraq based in
    Diwaniyah, said he has seen remarkable achievements by participants in
    the pilot program, who went through five intensive rounds of classes.

    Sixteen of them are full-time mediators, and have helped solve 32
    disputes, ranging from an inheritance claim to a tense standoff
    involving 50 abducted police officers, all of whom were released
    safely.

    "In many conflicts, they have been changed from enemies into partners
    against the problem, not against each other," Khalidy said by phone
    from Iraq.

    Some successes are small. He described one mediation between two
    families: one household with young girls built a privacy wall that
    blocked sunlight from reaching the neighbor's house. They had argued
    for months, and were close to blows. A mediator helped them cool
    down, and get away from their hardened positions. They came up with
    a solution: The family that built the wall paid for a skylight for
    the neighboring house.

    The training uses methods that Fisher devised over decades of academic
    study and popularized in "Getting to Yes," published in 1981. The
    book has been translated into 18 languages - including a new edition
    in Iraqi Arabic for this project.

    Liza Baran, a Ukrainian who is Mercy Corps' program manager for
    the negotiation project in Iraq, said the sheiks appreciate the
    step-by-step, common-sense approach that Fisher shaped. The bottom-line
    goal is to help the parties identify their own interests, and the
    other side's interests - and then figure out ways to serve both sides.

    "It's kind of like getting the ABCs," Baran said. "Here is a whole
    set of very systematized tools which you can apply, and it works."

    Fisher, who is 88, lives in Cambridge and still goes to his Harvard Law
    School office several days a week. Specialists in the field note that
    some of his early ideas have been challenged and the field has evolved
    dramatically in recent years, but no one doubts his seminal role.

    Paul Cramer, a Harvard Law graduate who lives in Wellesley and is a
    conflict management specialist for Accenture, the business consulting
    firm, has traveled to Iraq with Martirosyan to conduct the training.

    He said Iraqis had become used to having solutions imposed by a
    dictatorship - and they quickly grasped Fisher's premise that merely
    defending entrenched positions was getting them nowhere.

    He recalled one mediation by a sheik named Gazzi, who was called in
    after a showdown between tribes over a murder. The usual solution would
    be for the tribe to hand over the killer or go to battle. Gazzi helped
    mediate one cooling-off period, and then another, giving the tribes
    time to meet and express their longer-term interests. They finally
    agreed to spare the young killer, lowering tensions in the whole
    community and clearing the way to progress on their deeper conflicts.

    Martirosyan said that building a network of Iraqi negotiators who can
    then train others will extend the reach of the mediation far beyond
    what foreigners could achieve trying to mediate cases themselves. He
    said he is also talking to Iraqi universities, and several have said
    they want to develop courses and exchanges with American institutions.

    "I think negotiation is going to be an important skill set for Iraq,"
    Martirosyan said. "People talk about the US exit strategy. I think
    to a large degree it will depend how skilled the politicians are,
    whether Kurds or Arabs . . . There are issues that will require a
    lot of creative negotiation."
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