Opening remarks by President of the Republic Tarja Halonen at the 4th Nordic Conference for Mediation and Conflict Management on 26 May 2006

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Mediation has increasingly become integrated into the public administration and legal systems over the last past few decades. The trend has been influenced by national measures and by various forms of international cooperation — exchange of information and experiences between actors in the field or people interested in it.

A good example of such cooperation is this very conference, the Nordic Conference for Mediation and Conflict Management, which is now being held for the fourth time. It is also worthwhile to mention that the Council of Europe and the European Union have taken active measures to promote the development of mediation into a viable alternative in resolving conflicts.

We all have different interests and different views on matters. They are partly factors, which make life richer and they are even significant regarding development. However, there are also negative consequences. Individuals and groups have to face very difficult disagreements and differences of opinion, conflicts, with each other in their lives. These conflicts occur at work, at home or in leisure time, and they may lead to violations of rights, disappointments, a sense of injustice or a grievance and in the most serious cases to violence.

Commitment to democracy, respect for human rights and the compliance with the rule of law have considerably advanced many issues. International treaties require states to guarantee a person a right to a fair trial when their rights and responsibilities are at issue or when criminal charges have been brought against them. This is one of the key principles of the rule of law, to which the Nordic countries like many other countries are committed. Mediation must always be based on voluntary participation. An efficient judicial system guaranteeing a fair trial and pro bono legal aid provide the foundation for voluntary mediation. Without a functioning judicial system, there cannot be voluntary mediation.

Court procedure is sometimes criticized for ignoring the conflict between persons and focusing instead on solving the legal issue. It has indeed been claimed that submitting cases to court procedure and solving conflicts on the basis of law alone ignores the real interests and needs of the parties. Courts may also overlook conflicts that are mundane or of negligible financial value, and excludes the people involved from the processing of their conflict. Because of this, the traditional judicial system cannot always provide the optimum solution to different kinds of conflicts in society.

Alternative methods for solving disputes have been discussed since the 1960s. Sociologists, in particular, have been active in this discussion, and the participation of the parties and a communal approach have always been at the forefront. Alternative dispute resolution has resulted not only in research into conflict theory and conflict management theory but also in practical measures for resolving conflicts.

Mediation is one way to solve conflicts and disputes. Its practical applications can now be found in a number of fields, and it can be said that mediation has gradually become a real alternative to traditional court procedure. Here at this conference, there will be separate discussions on different fields of mediation such as victim-offender mediation, court mediation and cross-cultural mediation.

The basic principle of mediation is for the parties to reach a mutually acceptable conclusion with the assistance of a third party. The mediator principally aims to create the conditions for the parties to reach an agreement, and will not necessarily even propose a solution. It is said that mediation participants are more satisfied with the process and its result, and that mediation builds stronger communal bonds between the individuals who agree to common interests in the process.

Traditional and alternative dispute resolutions are becoming integrated. While mediation is being applied in the courts and provided for in law, the study of the legality of alternative dispute resolution and its embedding in the judicial system is also under way. Finland is no exception to this: acts on criminal mediation and court mediation came into force at the beginning of this year.

The preparation and enactment of these acts prompted much discussion, and their final content was not determined until they were debated in Parliament. This is understandable since the process is an unofficial and free-form procedure that cannot really be tied down in law without it losing something of its essential nature. On the other hand, it has been seen necessary to define certain ground rules to ensure that no one’s legal protection is compromised. The legislation also aims to ensure uniform practices and impartiality.

The dynamics of society require diversity: diversity of opinions, values and aims. Diversity brings both positive development, but it can also bring conflicts. Pursuing social development calls for the skill to resolve conflicts. In today’s globalized world, this increasingly involves the relations between countries, ethnic groups, social interest groups and businesses. The need for and importance of mediation in conflict resolution will most likely increase in the future.

A mediated solution acceptable to both parties and reached in a way that enables the causes behind the conflict to be addressed lays better groundwork for further interaction than a solution imposed from outside. Addressing the causes of a conflict and eliminating them is particularly important in cases where the parties have to continue living together or interacting, for instance in a family, at school, in a neighbourhood or at work.

The Nordic societies have traditionally been consensus-seeking. Several Nordic people have also demonstrated their skill as mediators in international conflicts. President Martti Ahtisaari is internationally the most well-known Finnish mediator. He has successfully mediated in several national and international conflicts. At the moment, Ahtisaari continues his work to solve the serious and long-term situation in Kosovo. I wish him every success in this demanding task, which aims to bring peace, stability and security in Europe.

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High expertise and professional skill are required in mediation both within countries and internationally. These can be promoted through scientific research and training, but also by bringing experiences and good practices to a wider audience. Cooperation between professional groups and laymen gives a wider perspective on conflict resolution and helps strive for solutions that are as communal, fair and effective as possible in conflict resolution.

As President, but also as a former trade union lawyer and as an activist of peace movement, I consider conflict analysis and negotiation skills and, lastly, when needed, conflict mediation to be an essential part of a modern global world. You are very important people – the future guides.

I wish you a rewarding conference, with plenty of inspiring discussion and exchange of experiences on interesting themes. I also wish you enthusiasm and courage to continue mediation work in practice.