It's good to look beyond the boundaries of your own mindset now and then. What can we, MGA adherents, learn from other movements or schools in which conflicts and their resolution play a role? From this question, WesselinkVanZijst helps annually with the organization of the State of Conflict congress. Public Mediation and the University of Amsterdam. A conference where academics and professionals push the boundaries of our field by critically reflecting on the assumptions and foundations from which we operate.
This year, we discussed whether and how restorative justice can offer an additional framework in
participation processes, mediation and strategic environmental management.
Restorative justice can be seen as a counterpart to criminal law, where the focus is not on the perpetrator and their punishment, but on the victim and the restoration of the damage caused. With the restoration of the damage, there is also room for the restoration of the relationship between perpetrator and victim.
In our field, we don't quickly speak of perpetrators and victims, but it is indeed the case that parties are harmed (or threatened with harm) by the actions of other parties. Think, for example, of people in Groningen whose houses are on the verge of collapse due to gas extraction by NAM, or of residents with health complaints due to exposure to harmful substances from Tata Steel's blast furnaces.
The Mutual Gains Approach dictates that you engage in a creative process with the relevant stakeholders. By being open about interests, you try to generate the greatest possible value in order to ultimately meet as many interests as possible.
In practice, however, controversies such as gas extraction in Groningen and the emission of harmful substances by Tata Steel result in lengthy legal proceedings, in which victims seek recognition, justice, and redress. The question is whether an MGA process sufficiently meets these needs. Elements from restorative justice may then offer a solution.
Recovery begins with recognition for parties who feel affected and harmed. These parties must be given the opportunity to share their experiences. This can be done by providing space for testimonies and stories, and by facilitating encounters between fellow sufferers and the parties held responsible for the damage caused. Equality between parties is central to this. From there, a conversation can be held about what is needed to repair the damage done and set things right.
Recognition for past damages opens up room to rethink a shared future. And that is fertile ground for a successful MGA process.
