Religious, cultural beliefs don’t affect mediation in most cases —Dupe Awosemusi

Dupe Awosemusi, the Director of Mediation in the Oyo State Ministry of Justice and an Associate of the Institute of Chartered Mediators and Conciliators in Nigeria is known for her passion and advocacy against all forms of abuse and the need to maintain the mental wellness of victims while bringing perpetrators to book. Also, she believes that mediation and alternative dispute resolution is an important tool in creating a better society. In this interview with YEJIDE GBENGA-OGUNDARE, she speaks on the high figure of cases of sexual violence, role of religion in mediation, managing challenges in mediation among other issues.

Does religious and cultural belief of parties affect mediation in any way?

Religious and cultural beliefs do not affect our mediation or success therein in most cases. This is because mediation focuses on facilitating communication and negotiation between parties in conflict to help them reach a mutually acceptable resolution. It dwells on understanding each party’s perspective, fostering empathy and guiding them towards finding common ground without resorting to litigation. We therefore appeal in their senses of responsibilities and need for sacrifices in relationships, without which there can’t be peaceful co-existence. This is not to however, say that we don’t have pockets of cases where religious and cultural beliefs affect the outcome of mediation.

What do you think are the biggest challenges in mediation?

The biggest challenges in mediation often involve overcoming communication barriers, managing emotions, addressing power imbalances, navigating cultural differences, and ensuring parties remain committed to the process. Additionally, reaching a consensus on contentious issues can be very challenging. In some cases, we have to adjourn to a later date to continue the session especially when tension rises in the process and as a mediator, you need to avoid further crisis in an already chaotic relationship.

What are your thoughts on the role of emotions in mediation?

Emotions play a crucial role in mediation. They can influence parties’ perceptions, behaviours and decisions. Acknowledging and addressing emotions effectively can foster understanding, empathy and ultimately, resolution. Mediators often use techniques to manage emotions constructively, helping parties communicate more effectively and reach mutually beneficial agreements. In some cases, a good mediator plays on emotions, if need be, to achieve the desired results.

How do you handle difficult situations in mediation?

Handling difficult situations in mediation requires a combination of empathy, patience and strategic communication. A good mediator must actively and carefully listen to each party’s concerns and perspectives without being judgmental. This helps build trust and demonstrates respect for his viewpoints. You must show empathy by trying to understand the emotions underlying each party’s position. I always acknowledge their feelings and validate their experiences, which in turn helps de-escalate tensions. As a good mediator, you must be neutral and maintain impartiality throughout the sessions. You must visibly avoid taking sides and focus on facilitating communication and guiding the process rather than imposing your own opinions. You must also clarify misunderstandings and ensure that all parties understand each other’s perspectives and the mediation process itself.

Furthermore, as a good mediator, you encourage parties to focus on interests rather than positions and cause them to brainstorm mutually acceptable solutions and work towards a resolution that meets everyone’s needs. I also encourage parties to consider the practical implications of their proposed solutions and explore potential outcomes realistically. Helping parties to manage strong emotions constructively by providing a supportive environment and offering techniques for emotional regulation, such as taking breaks or using relaxation exercises; and also maintaining control of the mediation process to establish clear boundaries so as to ensure that discussions remain productive and respectful, is a fundamental skill that a mediator must be equipped with. Sometimes I apply my legal background to issues when necessary and also involve additional resources such as counselors, or subject matter experts to provide guidance and ensure that the mediation process concludes with a clear agreement or understanding that reflects the parties’ mutual consent and commitment to moving forward. Any mediator with these skills will in most cases be able to handle any difficult situation in mediation and amicably resolve issues.

How do you deal with parties who are not cooperating in mediation?

Dealing with difficult or uncooperative parties can be very tasking. However, as a good mediator, you must know the stage at which you need to go into caucus with the parties. It is during this stage you get to know the true perspective, including emotional attachment of each of the parties to issues relating to the dispute. Parties usually bare it all to the mediator because the other party is not present and this gives room for the mediator to get to the bottom of the cause of the dispute between the parties and factor the best approach to amicably resolve the same.

How suited is a woman to mediation practice?

Anybody can be a mediator, as long as you possess the required skills, irrespective of your gender. Mediation is all about your personal and acquired skills, some of which are innate.

Do you experience impasse in mediation? How do you handle this?

I have, though on rare occasions, experienced impasse during mediation. I remember a particular mediation session in respect of a case of inheritance, where tension rose and parties almost went physical with one another. The situation was,  however brought under control with the assistance of the office security. The funniest thing about the case is that it was later amicably resolved. It is not however in all of such cases that you can resolve amicably because some may actually break down.

As the Director of Mediation in the Oyo State Ministry of Justice, how will you access the figure of cases bordering on sexual-based and domestic violence?

Sincerely speaking, the figure of cases of sexual abuse reported at the mediation centre is very minimal as such cases are extremely criminal in nature and are in most cases reported and documented with the appropriate law enforcement agencies. However, the figure of cases of domestic violence is on the high side. It comes in form of spousal, child or children neglect, verbal abuse which actually leads to mental/emotional breakdown, forceful ejection from the matrimonial home, economic abuse, stalking, isolation from families, spousal battery, domestic violence between co-tenants, domestic violence between landlords and tenants, etc. In most cases, parties are more favourably disposed to resolving their issues through alternative dispute resolution in form of mediation and reconciliation, than going to court or reporting at the police station or NSCDC for criminal prosecution, taking into consideration how well we value peaceful relationships in this climate.

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