image via Freedom Writing
A main focus of a skilled mediator is to help the parties understand what they are facing if they fail to come to a agreement for their dispute resolution. This is sometimes called the BATNA – best alternative to a negotiated agreement. If the parties understand the advantages and disadvantages of their BATNA, they can come to an appreciation for the possibilities they are presented with in mediation. One great example of this technique was Jimmy Carter’s mediation leading to the Camp David Accords between Israel and Egypt.
Background
James (Jimmy) Earl Carter was born on October 1, 1924 in Plains, Georgia. Upon graduating from high school, he studied engineering at Georgia Southwestern Junior College then joined the Navy. After marrying Rosalyn Smith in 1946, he returned to Plains, Georgia to run the family farm then became active in local politics. He was elected to the State Senate in 1962 then governor in 1970. After his tenure as governor of Georgia, he became our 39th president. He is the only president to be sworn in by his nickname. During his presidential term, one of his main focuses was on foreign policy such as the Camp David Accords.
The Camp David Accords
image via ForeignPolicy.com
In 1978, President Carter met with the leaders of Egypt and Israel to negotiate a peace treaty between the two nations. The negotiations dragged on many weeks with little progress – each nation was focused on what they had lost in the war, and their own demands. President Carter finally broke through the deadlock by reminding the parties that if they did not reach an agreement, the children on each side faced years of war, bombing, and military conflict. Both sides came to understand this was an attractive proposition, and agreed peace was better than continued war.
The accords led to a successful peace between Israel and Egypt. Even though there has been conflict between Israel and other nations since, the peace between Israel and Egypt has held to this day. President Carter later participated in other conflict mediations in Ethiopia and Eritrea, North Korea, Liberia, Haiti, Bosnia, Sudan and Uganda, Venezuela, Nepal, Ecuador and Colombia. In 2002, “for his decades of untiring effort to find peaceful solutions to international conflicts.” he was awarded the Nobel Peace Prize.
Application in Dispute Resolution
President Carter’s legacy shows us that a mediator can successfully assist the parties by comparing the advantages of a mediated agreement against the disadvantages of failing to reach such an agreement.
Much like President Carter, our practice focuses on assisting you by comparing the advantages versus disadvantages of getting your case resolved. For more information, check out our podcast on mediation. To further benefit you, we offer online scheduling to save time, stress and money.
Sam Ventola has a wide variety of experience in business litigation, legal education, and business mediation. When not resolving business disputes, he enjoys volunteering in his community and spending time with his family, especially his grandson, Jack.
Ventola Mediation serves the Denver Metro area including Arvada, Aurora, Boulder, Brighton, Commerce City, Castle Rock, Golden, Lakewood, Littleton and Arapahoe, Adams, Douglas and Jefferson Counties in Colorado.
Recent Comments