Exploring the Gandhian Model of Humanistic Mediation

Speaking at International Virtual Mediation Summer School, 2021 organised by Supreme Court trained mediators — “NIVAARAN”, the then Chief Justice of India, N V Ramana stressed, “I believe that mediation is one of the most important conflict resolution mechanisms currently which will only continue to grow in relevance in the coming future.” He further said, “Mediation signifies a shift from an adversarial attitude or position and creates an atmosphere that focuses on better outcomes for all parties.” In the background of increasing disputes and conflicts exponentially and the corresponding rise in the burden of the judicial system, mediation as observed by the Chief Justice of India is a powerful method of conflict resolution which is bound to grow.

There are different models of mediation that are currently in practice globally which includes the settlement approach, the facilitative approach, the transformative model, the narrative approach and the insight model. While there may be pros and cons of the different approaches include use of mediation meta-models and hybrid approaches, the field continues to be open and dynamic to look at new experiments which could provide practitioners fresh skills to contribute to the process of conflict resolution.

As mediators across the world experiment with new models and methods, Mansi Sharma (mediator and lawyer) and I tried to use the humanistic principles of Mahatma Gandhi to try and construct a Gandhian Model of Humanistic Mediation. In our endeavor to put together this model we not used the humanistic principles of Mahatma Gandhi but also got vital clues from our own online mediation experiences.

An important aspect of Gandhian humanism is the maintenance of purity of mind by exercising love and strong commitment to the principles of nonviolence which do not compromise with any unethical or evil practices. It is the law of love which dignifies humanism and Mahatma Gandhi in his lifetime himself reflected this by his action.

Gandhian humanism has its deep roots in the spirit of spiritualism. But his spiritualism underscored the essence of service to humanity and human interconnectedness. In this context, it would be pertinent to quote Gandhi:

“Man’s ultimate aim is the realization of God, and all his activities, social, political, religious; have to be guided by the ultimate aim of the vision of God. The immediate service of all human beings becomes a necessary part of the endeavour, simply because the only way to find God is to see Him in His creation and be one with it. This can only be done by service of all. I am a part and parcel of the whole, and I cannot find Him apart from the rest of the humanity.” — Harijan, August 29, 1931

Gandhian humanism puts equal emphasis on the ends and the means. For Gandhi, there was no separation between the means and the end. He notes:

“They say ‘means are after all means’. I would say ‘means are after all everything’. As the means so the end… There is no wall of separation between means and end. Indeed the Creator has given us control (and that too very limited) over means, none over the end. Realization of the goal is in exact proportion to that of the means. This is a proposition that admits of no exception.” -Young India, 17–7–1924

In the Gandhian model, the mediator would be expected to understand and assimilate the Gandhian principles of humanism. In the Gandhian praxis, the individual is very important. At this point, we can now discuss the Gandhian model of mediation.

I) The first significant step in the Gandhian model of mediation should be the mediator herself/himself going through a process of turning inwards. S/he should have intrinsic faith in the idea of human interconnectedness; should nurture purity in one’s heart and in one’s nature; exhibit goodness for humankind and consider the opportunity s/he has got to mediate as a service to humanity. The Gandhian mediator while turning inwards should be conscious of her/his qualities and limitations adhere to the principles of truth and nonviolence, practice self-restraint, exuberate utmost sincerity, love and compassion. These are important pillars of Gandhian humanism.

During the phase of turning inwards, when the Gandhian mediator starts to prepare for mediation and initiates her/his efforts to frame the approach, s/he needs to revisit and reinvigorate the Gandhian principles of satyagraha as these would be her/his guiding principles. For instance, Bondurant (1988) talking about the objectives of satyagraha points out, “Its immediate objective is a restructuring of the opposing elements to achieve a situation which is satisfactory to both the original opposing antagonists but in such a way as to present an entirely new total circumstance…through the operation of nonviolent action the truth is judged by the fulfillment of human needs will emerge in the form of a mutually satisfactory and agreed upon solution.”

As the mediator tries to tune inwards, s/he as per the Gandhian praxis tries to integrate principles of altruism in her/his mediation practices. According to Gandhi, ‘a person’s highest duty in life is to serve mankind and take his share in better its condition’. (Indian Opinion, February 23, 1907) During the process of tuning inwards, the mediator in her/his framework must keep in mind one should try to root out the causes of the conflict and not blame the human action. As Gandhi had said, “‘Hate the sin and not the sinner’ is a precept which, though easy enough to understand, is rarely practiced, and that is why the poison of hatred spreads in the world.” The challenge is the finish the antagonism not the antagonists.

II) The second stage in the Gandhian model of mediation is a pre-mediation session with the mediator meeting both the conflicting parties separately. The Gandhian mediator with an open mind talks to both the parties and tries to build trust and rapport. It is an important part of the process of mediation as the mediator aids the conflicting parties in moving from a situation of negative emotions and negative communication to positivity. It is also here the mediator tries to take the conflicting parties through a process of self-reflection. The purpose of mediation from the Gandhian prism is to establish a peaceful order. For this the mediator needs to educate the parties on why the resolution is important and how it will help them achieve their objective. This represents the caucus stage of mediation.

III) The next stage is the actual mediation process. Through the tuning inwards and pre-mediation phase, the mediator most likely has been able to transform the negative emotion to a more positive emotion. S/he creates a safe platform for the conflicting parties to have a dialogue. This phase where the conflicting parties are motivated to enter into a dialogue with each other is one of the most important aspects of the mediation process. Whether the mediation leads to the transformation of the heart of the conflicting parties and end the antagonism or the impasse continues depends upon this phase.

The essence of the Gandhian approach to dialogue during conflicts is the transformation of relationship. It is also to make conscious attempts to ensure that the channels of communication remain open and flexible.

IV) Transformation of relationships is an overarching aim of the Gandhian model of mediation. The underlying idea is forgiveness and reconciliation. The mediator could after the mediation further connected with the parties to help in the transformation process and assimilation of forgiveness and reconciliation. Also this is a critical stage of the process where the mediator would reflect on their approach and practice and make notice for future areas of improvement. This also helps one develop an ability to think out of box. Mahatma Gandhi never hesitated in making confessions of his own mistakes. An effective mediator will always come up with solutions which are both innovative and creative. From salt march to charkha movement, Indian history is replete with examples of Gandhi’s out of the box thinking. Being reflective and ready for confession is an approach can help one to deal with difficult conflicts in a novel manner.

While we have tried to decode the Gandhian model of mediation, it would be apt to discuss the values of this model. These could include:

1. Self-Determination of the Parties: Gandhi taught others not just ‘how and when’ of problem solving but also ‘what to expect and why’. Simply put, he believed in generating organic solutions to a problem through self-efforts of the parties, their understanding of the situation and possible ways to get over it amicably. He had limited his role only to invoking essential human values alone with the essence of humanism. In fact, the mediator here is a servant leader. Gandhi’s way of working on conflicts is often termed servant leadership. A servant leader is motivated by a desire to help people realize their dignity and power. He does not intend to control themIn the context of mediators and servant leadership, Garzilli (2003) points out “Servant leadership seems to fit well with mediation. Like Gandhi, we mediators paradoxically lead and follow at the same time. We influence a process for the benefit of the mediating parties, rather than ourselves. We serve as examples, catalysts, and strategists, not as dictators. We offer vision and hope, and empower those we serve. We help disputing parties engage one another and reorder their conflicts voluntarily. We resist the lure towards the unidirectional exercise of power and authority. And when we are inclined towards an approach to leadership at variance with mediation’s principles, we check ourselves. For this, Mahatma Gandhi is my guiding star.”

2. Multi-Partiality of the Mediator: Gandhi as a conflict resolver never took sides, he belonged to everyone at the same time. The classic example of this is Ahmedabad mill strike where he had requested the workers to rationalize the interest amount on humanitarian grounds, while he at the same time firmly stood against the mill owners for their rights. Another pertinent example of this is Gandhi’s calling off of the mass satyagraha by Indians in South Africa in the year 1914 because the European railway men had gone on a strike. This forced the secretary to General Smuts tell Gandhi that: “I do not like your people. But what I am to do? You help us in our days of need. You will not injure even the enemy. You desire victory by self-suffering alone and never transgress your self-imposed limits of courtesy and chivalry. And that reduces us to sheer helplessness.” A mediator should always ensure that none of the parties is at disadvantage. S/he should adopt a balanced approach to control of the mediation process.

3. Safety: The cardinal principle of Gandhian philosophy is nonviolence. Nonviolence to Gandhi is armour that protects one from all forms of excesses. It ensures wellbeing and safety both. Nonviolence exhorts one to live and let live. Gandhian conflict resolution too is founded on this life-sustaining principle. As discussed above Gandhian humanism entails the value of rightful means to rightful end. In his words,

“They say ‘Means are after all means.’ I would say, ‘means are after all everything.’ As the means so the end- if one takes care of the means, the end will take care of itself. I feel that our progress towards the goal will be in exact proportion to the purity of our means. The method may appear to be long, perhaps too long, but I am convinced that it is the shortest.” Gandhi was a man of principles. He never gave up on his morality. He, braving all criticism, had even called off the non-cooperation campaign in 1922 because of eruption of violence. A mediator too should never resort to unfair means by compromising on human values.

4. Confidentiality: Gandhi believed that we all never think alike and we shall see truth in fragments and from different angles of vision. Conscience is not the same for all. Sometimes this vision of truth needs to be kept a secret to settle down things. This also forms an important aspect of the nonviolent behaviour. In mediation too the parties shall have different versions of same truth. The mediator should avoid sharing all that information which is destructive in nature and would add fuel to the conflict.

5. Quality: In the Gandhian process of mediation, the quality of both the process and the resultant outcome is not compromised. The five basic pillars of Gandhian Nonviolence- Respect, Understanding, Acceptance, Appreciation and Compassion, not just help in sustaining the mediation process but also ensure that the result obtained is exemplary in nature.

6. Preserving Relationships: The Gandhian approach to mediation has always centred on bringing people together by evoking their common interests and morality. This he did with Hindu and Muslims to unite them against the British. Relationships are at the centre of human existence and that is the pillar of the Gandhian model of mediation.