Recapping SW&CR: Mediation (Ch. 12)

Chapter 12: On Not Using (the) Force: Resolving Conflict with Mediation (Jen Reynolds)

The wrath of the Empire bends for no one…unless its mediated. Admiral Motti owes his life to it when his throat was released from the clutches of Darth Vader when Grand Moff Tarkin intervened. This is just a small example of what mediation is capable of.

A mediator tends to be a third party who assists disputants by identifying the points of conflict and figuring out the best way for them to move forward. Unlike Vader’s tactics, mediation is a nonviolent process that is mostly built on conversation to bring a level of respect between the disputants. Meditators are also supposed to be more of a guide for the parties to come to a solution and they must remain impartial, have the consent of both parties, and allow for self-determination of the parties. Having a neutral third party to be there to talk through both sides differences creates a problem-solving space.

Although they may not make the final decision, mediators must always be on the alert for statements that can exacerbate the conflict at hand. Leading up to the Vader force choke, Admiral Motti makes the ill decision of calling Vader’s reliance on the Force an “ancient religion”. This was most likely what set off the man behind the mask. Meditators must look out for these trigger points just has Grand Moff Tarkin when he intervened and ordered Vader to release him. It is the meditator’s job to be preemptive about these triggering phrases and reframe them in a way so they are informative and help the parties come to a resolution.

Mediation is a frustrating job but can lead to some very fruitful solutions and like the Great General Kenobi famously said “Patience.”

— Written by Pavan Tolani, SW&CR Padawan and 3L at the University of Oregon School of Law