Traces of Mediation in Different Geographies and Civilizations
As we progress through the 2020s, efforts to promote mediation as a peaceful method for resolving conflicts around the world continue to grow. Disputes that could be resolved through communication and the guidance of a neutral mediator often turn into legal cases, prolonging the process with strategic maneuvers. This situation creates a heavy cost chain, draining resources such as energy, time, money, and reputation.
Yet, the history of conflict parallels the history of humanity.
So how has humanity resolved conflicts for centuries?
We explored the traces of mediation in different civilizations.
Here’s what we found:
Ancient Rome
Founded in the 8th century B.C. with Rome as its center, the Roman Empire spread across vast lands and utilized mediation as an essential method for maintaining social order and resolving conflicts peacefully. In Ancient Rome, mediation aimed to preserve societal balance and prevent disputes from escalating into violence. The Praetor system ensured that disputes were addressed within a legal framework, with mediators working to resolve conflicts before they reached the courts. In cases of trade or international disputes, courts known as Recuperatores were established. These courts aimed to bring justice under the supervision of neutral arbitrators. For Roman society, mediation was a crucial tool that prevented the waste of time and resources while strengthening societal peace.
Sumer Civilization
One of the oldest known examples of mediation can be traced back to the Sumerians, who ruled in Mesopotamia between 4500 and 1900 B.C. In Sumerian society, peaceful resolution of conflicts was a priority, and this role was undertaken by mashkim, or mediators. Acting as neutral third parties, mashkims facilitated communication between disputing parties and helped them reach an agreement. If an agreement could not be reached, the dispute would proceed to the courts. However, attempts to resolve conflicts through mediation before court proceedings were seen as a critical step in maintaining social peace.
Mediation in Sumerian society played a key role both in interpersonal relations and at the community level. Although the decisions made by mashkims were not binding, disputing parties typically adhered to these peaceful solutions, preventing conflicts from escalating.
Ottoman Empire
Think of this familiar phrase often heard in anecdotes from the past: “One day, they asked a kadı…” The institution of kadılık (judgehood), still present in idiomatic expressions today, had a significant place in the Ottoman Empire. Kadıs, who acted as judges in courts, also played the role of mediators in resolving disputes. Considering the vast expanse of the Ottoman Empire and the diversity of religions, languages, and ethnicities within it, the frequency of conflicts is understandable. Kadıs, especially in local communities, worked to resolve disputes peacefully before they reached the courts.
A similar example within the Ottoman system is the Millet system. This system allowed non-Muslim communities to resolve disputes through their religious leaders, aiming to preserve peace and harmony between different communities.
Native Americans
For Native Americans, whose names are often associated with peace but who tragically lost many of their rights in historical conflicts, mediation was an integral part of their culture. Peace councils were one of the most important mechanisms for resolving social disputes. In these councils, elders and leaders of tribes would come together to listen to the issues at hand and propose solutions aimed at maintaining the harmony of the community. These methods sought not only to resolve disputes but also to strengthen the social bonds between individuals.
At the end of each meeting, the peace pipe ritual was performed. The smoke from the pipe symbolized the restoration of peace between the parties and served as a form of spiritual cleansing. This ritual was as much about healing emotional and social wounds as it was about resolving disputes. The peace pipe was more than just a symbol; it was a sacred tool in Native American culture that represented peace and new beginnings. This process not only aimed to bring parties to agreement but also to rebuild mutual respect.
Mediation by the elders, who were regarded as the most respected members of the community, played a crucial role in conflict resolution. These individuals, drawing on their years of wisdom and experience, sought to deeply understand the sources of conflict between the parties. By offering an external perspective, they helped parties resolve their disputes more calmly and with greater understanding. Such peaceful conflict resolution methods reflected the Native American culture’s harmonious relationship with nature, its peaceful values, and its community-centered approach.
China
As Confucius said, “To bring about peace, one must first bring order to oneself.” This wisdom left a deep mark on ancient Chinese society and formed the foundation of mediation as a method of maintaining social order. In China, societal peace and harmony were held above all else, and dialogue was preferred over conflict in resolving disputes.
According to Confucian philosophy, maintaining order and harmony in human relations shaped the interactions between individuals. As a result, in China, mediation was a favored method of dispute resolution before resorting to legal avenues. Mediators played the role of neutral guides between the parties and worked to resolve the issue harmoniously. Confucius’s idea that “living in peace is only possible through harmony” became an integral part of the official legal system, especially during the Ming and Qing dynasties, contributing to the preservation of societal peace.
In Chinese mediation, impartiality and justice were of paramount importance. Mediators would listen to the disputing parties individually and consult with community leaders and elders to deeply analyze the conflict. The goal was not only to resolve the dispute but also to maintain the dignity of the parties and protect social ties. This process reinforced mutual respect while ensuring that societal harmony remained intact.
Islamic World
In the Islamic world, mediation was shaped by the concept of “Suhl” mentioned in the Qur’an, promoting peaceful solutions to disputes. Suhl encourages reaching an agreement based on mutual understanding, tolerance, and sacrifice. This concept became a widespread method of conflict resolution at all levels in Islamic societies and played a significant role in the peaceful resolution of disputes. The Qur’an also emphasizes the importance of reconciliation and peace, as highlighted in the verse: “And reconciliation is best” (Surah An-Nisa, 4:128). This verse clearly underscores the significance of a peaceful approach to resolving social conflicts, one of the core principles of Islam.
Additionally, the hadith of Prophet Muhammad (PBUH): “Making peace between two people is an act of charity”, highlights the value of mediation and reconciliation in Islamic society. This understanding led to the preference for negotiation and consensus-based processes in the resolution of disputes in the Islamic world. Mediation based on Islamic law not only ensured societal peace but also upheld justice as a central component of the process.
The moral framework of true Islam encourages mediation to be conducted fairly and honestly. As a result, mediation in Islamic societies is not merely a method of conflict resolution but is also regarded as a religious duty.
India
In India, mediation traditions were maintained through Panchayat councils, which were village assemblies responsible for resolving disputes. These councils worked to create a peaceful environment between disputing parties and aimed to preserve social harmony. The elders of the village would strive to maintain an atmosphere of fairness and calm, with the goal of preserving community unity. The principles of Ahimsa (non-violence) and Dharma (righteous behavior) from Hindu philosophy formed the basis of these processes.
The Panchayat councils’ emphasis on peace and harmony aligns closely with Buddhist philosophy. Buddha’s statement, “Peace begins within”, best reflects this tradition. In the Panchayat system, the goal was to maintain unity and balance within the community and reflect individuals’ inner peace in social harmony. Resolving disputes through peaceful means was not only about reaching material outcomes but also about maintaining inner balance and societal harmony.
A Timeless Journey Through the History of Mediation
This brief journey through the history of mediation demonstrates how widespread and ancient the method truly is. In addition to these examples, mediation practices marked by rituals can also be found among the Yoruba people in Africa and Aboriginal communities in Australia. In indigenous communities, the role of elders in resolving disputes is remarkably strong and undeniable. Observing the efforts of our ancestors to establish and maintain peace helps us build a strong bridge from tradition to the future.
