BED3216 Conflict Resolution and Management

Mount Kenya University
DEPARTMENT OF ECONOMICS AND DEVELOPMENT STUDIES
BED3216: CONFLICT RESOLUTION AND MANAGEMENT

COURSE CONTENT AND OUTLINE
BED3216: CONFLICT RESOLUTION AND MANAGEMENT
Contact hours: 42
Purpose: To equip learners with conflict management skills
Expected Learning Outcomes of the Course:
By the end of the course, students should be able to:-
i. Explain the nature and types of disputes and the multiple arenas where disputes occur
ii. Discuss the sources and outcomes of disputes
iii. Describe the dispute prevention and resolution mechanisms
COURSE CONTENT:
i. Introduction
ii. Conflict prevention and characteristics
iii. Methods of conflict resolution: mediation
iv. Negotiations
v. Arbitration and reconciliation
vi. Negotiation, mediation and advocacy between groups
vii. Role of different stakeholders in conflict
viii. Ethical and legal issues in conflict resolution
ix. Approaches to conflict resolution
x. Techniques in reaching agreement
COURSE OUTLINE
WEEK 1
CHAPTER ONE: INTRODUCTION
Definitions – Conflict, Conflict Resolution, Conflict management

Nature and types of disputes – personal, workplace, family
Levels of conflict – Intra-personal, Interpersonal, Intr a-group, Inter group
WEEK 2 & 3
CHAPTER TWO: CONFLICT PREVENTION AND CHARACTERISTICS
Sources of conflict
Outcome of conflict
Characteristics of conflict on – Religious, Ethnic, National and Racial identity
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WEEK 4
CHAPTER THREE: METHODS OF CONFLICT RESOLUTION: MEDIATION
Process of mediation
Types of mediation
Challenges of mediation
WEEK 5
CHAPTER FOUR: CONT; METHODS: NEGOTIATIONS
Modes of negotiation
Types of negotiation
Challenges of negotiation
WEEK 6
CHAPTER FIVE: ARBITRATION AND RECONCILIATION
Types of arbitration
Challenges of arbitration
Types of reconciliation
Challenges of reconciliation
WEEK 7 & 8
CHAPTER SIX: NEGOTIATION, MEDIATION AND ADVOCACY BETWEEN

GROUPS
Social Policy: Effecting positive change

Coalitions
Conflict in a multicultural/Pluralistic society
Identity-based conflict
WEEK 9
CHAPTER 7: ROLE OF DIFFERENT STAKEHOLDERS IN CONFLICT
Role of different stakeholders in conflict: Men, Women, boys, girls and the elderly
WEEK 10 & 11
CHAPTER 8: ETHICAL AND LEGAL ISSUES IN CONFLICT RESOLUTION
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Ethical practices in conflict resolution
Power imbalances
When different types of approaches may be preferable
WEEK 12 & 13
CHAPTER 9: APPROACHES TO CONFLICT RESOLUTION
Community cohesion
Meaning of cohesion
Importance of cohesion
Approaches to enhance cohesion
Impact of cohesion on development
WEEK 14
CHAPTER 10: TECHNIQUES IN REACHING AGREEMENT
Types of agreement
Process of agreement
Challenges in r eaching agreement
Breakdown of agreement
Language and techniques of Conflict Resolution
Styles of dealing with conflict
Stages of various models of Conflict Resolution
Steps in conflict resolution
Course Assessment
Examination -70%
Continuous Assessment Tests (CATS) -20%
Assignments -10%
Total -100%
Recommended text books:
Englewood Cliffs, (2007), Psychology and Work Today: An Introduction to Industrial and
Organizational Psychology, Prentice Hall, NJ
Text books for further reading:
Augsburger David W (1992), Conflict Mediation Across Cultures, Louisville Westminister
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TABLE OF CONTENTS
COURSE CONTENT AND OUTLINE ....................................................................................................... ii

TABLE OF CONTENTS .............................................................................................................................. v
CHAPTER ONE: Introduction ..................................................................................................................... 1
1.1 Conflict ................................................................................................................................................... 1
1.2 Conflict resolution .................................................................................................................................. 2
1.2.1 Definition: ............................................................................................................................................ 2
1.2.2 Purpose of conflict resolution .............................................................................................................. 2
1.3 Conflict management .............................................................................................................................. 3
1.4 Nature of Conflict ................................................................................................................................... 4
1.5 Types of disputes .................................................................................................................................... 6
1.5.1 Family disputes .................................................................................................................................... 7
1.5.2 Personal disputes .................................................................................................................................. 7
1.5.3 Workplace disputes .............................................................................................................................. 8
1.6 Levels of conflict .................................................................................................................................... 8
Organizational and Interpersonal Conflict ...................................................................................... 9
Review Questions ....................................................................................................................................... 10
References for further reading .................................................................................................................... 10
CHAPTER TWO: CONFLICT PREVENTION AND CHARACTERISTICS .......................................... 10
2.1 Sources of conflict ................................................................................................................................ 11
Some scholars have also identified the following sources of conflict in organizations: ..................... 12
Other Sources of Conflict in Organizations include ................................................................................... 14
2.2 Outcomes of conflict ............................................................................................................................. 14
2.2.1 Positive outcomes .............................................................................................................................. 14
2.2.2 Negative outcomes ............................................................................................................................. 15
2.3 Characteristics of conflict on – Religious, Ethnic, National and Racial identity .................................. 16
Religious identity ........................................................................................................................................ 17
Ethnic identity ............................................................................................................................................. 17
National identity.......................................................................................................................................... 18
Review questions ........................................................................................................................................ 19
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CHAPTER THREE: METHODS OF CONFLICT RESOLUTION: MEDIATION .................................. 20
3.1 Definition of mediation: ........................................................................................................................ 21
3.2 Process of mediation ............................................................................................................................. 22
There are four stages of mediation. These are: ................................................................................... 22
Introduction stage ........................................................................................................................ 22
Story-telling stage ....................................................................................................................... 22
Problem-solving stage ................................................................................................................. 22
Agreement stage .......................................................................................................................... 22
Agreement stage .................................................................................................................................. 24
3.3 Types of mediation ............................................................................................................................... 24
1. Community mediation ..................................................................................................................... 24
2. Peer Mediation ................................................................................................................................ 25
3. Mediation and Commercial disputes .............................................................................................. 25
4. Native-title mediation .................................................................................................................. 26
Variants ................................................................................................................................................... 26
i. Evaluative mediation .................................................................................................................. 26
ii. Facilitative mediation ................................................................................................................. 26
iii. Transformative mediation ....................................................................................................... 27
iv. Mediation with arbitration .......................................................................................................... 27
3.4 Challenges of mediation ....................................................................................................................... 28
CHAPTER FOUR: METHODS: NEGOTIATIONS .................................................................................. 29
4.1 Negotiation ............................................................................................................................................ 29
4.2 Modes of negotiation ............................................................................................................................ 30
Approaches to negotiating ................................................................................................................ 33
1. Adversary or partner? ................................................................................................................. 33
2. Employing an advocate ............................................................................................................... 33
4. The Getting to YES approach ...................................................................................................... 33
4.3 Types of negotiation ............................................................................................................................. 34
1. Distributive negotiation ...................................................................................................................... 34
2. Integrative negotiation ........................................................................................................................ 34
4.4 Challenges of negotiation ..................................................................................................................... 36
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Other challenges of negotiations include: ........................................................................................... 37
CHAPTER FIVE: ARBITRATION AND RECONCILIATION ............................................................... 38
5.1 Meaning of arbitration: ......................................................................................................................... 39
5.2 Types of arbitration ............................................................................................................................... 39
5.3 Challenges of arbitration ....................................................................................................................... 41
Arbitrability ........................................................................................................................................... 42
5.4 Definition of reconciliation: .................................................................................................................. 43
5.5 Types of reconciliation ......................................................................................................................... 43
Conditions and sequencing of reconciliation processes ..................................................................... 45
Specific forms of reconciliation ............................................................................................................ 46
1. Social reconciliation ................................................................................................................... 46
2. Political reconciliation ............................................................................................................... 46
3. National versus State Reconciliation .......................................................................................... 47
Main components of reconciliation: ........................................................................................................... 47
1. Truth.............................................................................................................................................. 48
2. Justice............................................................................................................................................. 48
Main national and local reconciliation initiatives .............................................................................. 49
5.6 Challenges of reconciliation.................................................................................................................. 49
CHAPTER SIX: NEGOTIATION, MEDIATION AND ADVOCACY BETWEEN GROUPS ............... 51
6.1 Advocacy .............................................................................................................................................. 52
6.2 Social Policy: Effecting positive change .............................................................................................. 53
6.3 Coalitions .............................................................................................................................................. 57
What is Coalition Building? ........................................................................................................................ 57
Why is Coalition Building Important? ........................................................................................................ 58
How Do You Build a Successful Coalition? ............................................................................................... 58
What are the Benefits of Coalitions? .......................................................................................................... 59
Disadvantages of Working in Coalition ...................................................................................................... 60
6.4 Conflict in a Multicultural/Pluralistic society ....................................................................................... 60
Resolving cultural conflicts ........................................................................................................................ 62
Conclusion ......................................................................................................................................... 63
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6.5 Identity-based conflict .......................................................................................................................... 63
CHAPTER 7: ROLE OF DIFFERENT STAKEHOLDERS IN CONFLICT ............................................ 65
Role of different stakeholders in conflict: ................................................................................................... 66
Stakeholders: ............................................................................................................................................... 66
7.1.1 Men .................................................................................................................................................... 66
7.1.2 Women ............................................................................................................................................... 67
Women’s Initiatives during the two Liberian Civil Wars ........................................................................ 69
Women in Peace-building Network (WIPNET) ................................................................................... 69
Women and girls as former combatants ..................................................................................................... 70
7.1.4 Girls............................................................................................................................................. 72
7.1.5 The elderly ......................................................................................................................................... 73
CHAPTER 8: ETHICAL AND LEGAL ISSUES IN CONFLICT RESOLUTION .................................. 75
8.1 Ethical practices in conflict resolution .................................................................................................. 76
Codes of Conduct for Interveners .............................................................................................................. 76
8.2 Power imbalances ................................................................................................................................. 81
8.3 When different types of approaches may be preferable ........................................................................ 85
Use of mediation .................................................................................................................................... 86
Mediation with clients or their family ................................................................................................. 86
Mediation with co-workers ................................................................................................................. 86
CHAPTER 9: APPROACHES TO CONFLICT RESOLUTION .............................................................. 87
9.1 Community cohesion ............................................................................................................................ 88
9.2 Meaning of cohesion ............................................................................................................................. 89
9.3 Importance of cohesion ......................................................................................................................... 89
9.4 Approaches to enhance cohesion .......................................................................................................... 90
9.5 Impact of cohesion on development ..................................................................................................... 93
CHAPTER 10: TECHNIQUES IN REACHING AGREEMENT .............................................................. 94
10.1 Types of agreement ............................................................................................................................. 95
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10.2 Process of agreement .......................................................................................................................... 97
Procedures for the generation of agreements .............................................................................................. 97
Structure and Substance of Agreements ..................................................................................................... 98
10.3 Challenges in reaching agreement ...................................................................................................... 99
10.4 Breakdown of agreement .................................................................................................................... 99
10.5 Language and techniques of Conflict Resolution ............................................................................. 101
10.6 Styles of dealing with conflict .......................................................................................................... 103
Five Approaches to Conflict in the Workplace ......................................................................................... 109
1. Avoidance ..................................................................................................................................... 109
2. Formal Disputes .......................................................................................................................... 109
3. Alternative Dispute Resolution .................................................................................................. 109
4. Collaboration ............................................................................................................................... 109
5. Organizational Change ............................................................................................................... 110
10.7 Stages of various models of Conflict Resolution .............................................................................. 110
Dual concern model of conflict resolution .................................................................................... 110
1. Avoidance conflict style ....................................................................................................................... 110
2. Yielding conflict style ........................................................................................................................... 111
3. Competitive conflict style ..................................................................................................................... 111
4. Cooperation conflict style ..................................................................................................................... 111
5. Conciliation conflict style ..................................................................................................................... 111
Models of Conflict Management .............................................................................................................. 112
Early Conflict Management Models ............................................................................................. 112
DeChurch and Marks‘s Meta-Taxonomy ................................................................................................. 113
Rahim's meta model .................................................................................................................................. 113
10.8 Steps in conflict resolution ................................................................................................................ 113
Steps to Manage Workplace Conflict ....................................................................................................... 113
Steps to Manage ........................................................................................................................................ 114
Review questions ...................................................................................................................................... 115
References for further reading .................................................................................................................. 115
Appendix 1: Sample Test Papers .............................................................................................................. 116
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CHAPTER ONE: Introduction
Learning objectives
By the end of this chapter, the learner should be able to:
i. Demonstrate understanding of conflict

ii. Differentiate between conflict resolution and conflict management
iii. Understand the purpose of conflict resolution
iv. Understand the nature and types of disputes
v. Explain different levels of conflict
vi. Distinguish between functional and dysfunctional conflict
1.1 Conflict
The Merriam Webster dictionary defines "conflict" as:
o competitive or opposing action of incompatibles: antagonistic state or action (as
of divergent ideas, interests, or persons)
o mental struggle resulting from incompatible or opposing needs, drives, wishes, or
external or internal demands: the opposition of persons or forces that gives rise to
the dramatic action in a drama or fiction.
A competition for similar goals, rights and resources (Augsburger, 1992, p. 18)
It ref ers to competition between interdependent parties who perceive that they have
incompatible needs, goals, desires or ideas.
A process that begins when an individual or group perceives differences and opposition
between itself and another individual or group about interests and resources, beliefs,
values or practices that matter to them
It refers to the struggle between incompatible or opposing needs, wishes, ideas, interests
or people. This arises when individuals or groups encounter goals that both parties cannot
obtain satisfactorily.
Process in which one party perceives that its interests are being opposed or negatively
affected by another party" (Wall & Callister, 1995, p. 517)
The interactive process manifested in incompatibility, disagreement, or dissonance
within or between social entities (Rahim, 1992, p. 16)
1.2 Conflict resolution
1.2.1 Definition:
As the name would suggest, conflict resolution involves the reduction, elimination, or
termination of all forms and types of conflict. It involves assisting in the termination of
conflicts by finding solutions to them.
It refers to strategies that eliminate the sources of conflict, and optimally, that find the
best outcome for all involved.
It is conceptualized as the methods and processes involved in facilitating the peaceful
ending of conflict. It refers to the elimination of the causes of the underlying conflict.
This is generally done with the agreement of the concerned parties.
1.2.2 Purpose of conflict resolution
Conflict resolution is aimed at:-
Alleviating or eliminating discord through conciliation

It aims is the search for such forms of conflict behavior which allow non-violent handling
of opposing news in an orderly, pre-arranged process, the cause and result of which will
be accepted by all parties involved.
It involves conscious settlement of issues between parties. In practice, when people talk about
conflict resolution they tend to use terms like negotiation, bargaining, mediation or arbitration.
Often, committed group members attempt to resolve group conflicts by actively communicating
information about their conflicting motives or ideologies to the rest of the group ( e.g., intentions;
reasons for holding certain beliefs), and by engaging in collective negotiation. Ultimately, a
wide range of methods and procedures for addressing conflict exist, including but not limited to,
negotiation, mediation, diplomacy and creative peace building.
Furthermore, the concept of conflict resolution can be thought to encompass the use of
nonviolent resistance measures by conflicted parties in an attempt to promote effective
resolution. It is rarely accomplished by direct action. It is more frequently achieved only over a
long period of time, although the proximate/immediate aspects of conflict can sometimes be
eliminated by agreement among the parties.
Conflict resolution is an expanding field of professional practice, both in the U.S. and around the
world. The escalating costs of conflict have increased use of third parties who may serve as
conflict specialists to resolve conflicts. In fact, relief and development organizations have added
peace-building specialists to their teams. Many of the major international non-governmental
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organizations have seen a growing need to hire practitioners trained in conflict analysis and
resolution. Furthermore, this expansion of the field has resulted in the need for conflict resolution
practitioners to work in a variety of settings such as in businesses, court systems, government
agencies nonprofit organizations, government agencies and educational institutions serving
throughout the world.
The term Dispute resolution is sometimes used interchangeably with conflict resolution.
1.3 Conflict management
Conflict management involves such measures as denying both sides the means of combat,
neutralizing one party‘ s means by slightly increasing the other‘s, separating the combatants in
space of time, substituting conferences to talk for fighting and so on. Management therefore
seeks either to prevent conflict from erupting into crisis or to cool a crisis in eruption. It ref ers to
a broad array of tools used to anticipate, prevent and react to conflicts. A conflict management
strategy will involve a combination of these types of tools.
Conflict management includes the prevention, limitation, resolution or transformation of

conflicts through the use of non-violent techniques. This can involve:
Preventing conflict from breaking out or escalating

Stopping or reducing the amount of violence by parties engaged in conflict
The purpose of conflict management, whether undertaken by parties in conflict or whether

involving the intervention of an outside party, is to affect the entire structure of a conflict
situation so as to contain the destructive components in the conflict process (e.g hostility, use of
violence) and help the parties possessing incompatible goals to find some solution to their
conflict. Effective conflict management succeeds in:
Minimizing disruption stemming from the existence of a conflict and

Providing a solution that is satisfactory and acceptable
It involves implementing strategies to limit the negative aspects of conflict and to increase the
positive aspects of conflict at a level equal to or higher than where the conflict is taking place.
Furthermore, the aim of conflict management is to enhance learning and group outcomes
(effectiveness or performance in organizational setting). It is not concerned with eliminating all
conflict or avoiding conflict. Conflict can be valuable to groups and or ganizations. It has been
shown to increase group outcomes when managed properly.
Businesses can benefit from appropriate types and levels of conflict. That is the aim of conflict
management, and not the aim of conflict resolution. Conflict management does not necessarily
imply conflict resolution. Conflict management involves designing effective macro-level
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strategies to minimize the dysfunctions of conflict and enhancing the constructive functions of
conflict in order to enhance learning and effectiveness in an organization. Learning is essential
for the longevity of any group. This is especially true for organizations; Organizational learning
is essential for any company to remain in the market. Properly managed conflict increases
learning through increasing the degree to which groups ask questions and challenge the status
quo.
It also refers to the long-term management of intractable conflicts. It is the label for the variety of
ways by which people handle grievances—standing up for what they consider to be right and
against what they consider to be wrong. Those ways include such diverse phenomena as gossip,
ridicule, lynching, terrorism, warfare, feuding, genocide, law, mediation, and avoidance. Which
forms of conflict management will be used in any given situation can be somewhat predicted and
explained by the social structure—or social geometry—of the case.
Conflict management is often considered to be distinct from conflict resolution. In order for
actual conflict to occur, there should be an expression of exclusive patterns, and tell why the
conflict was expressed the way it was. Conflict is not just about simple inaptness, but is often
connected to a previous issue. The latter ref ers to resolving the dispute to the approval of one or
both parties, whereas the former concerns an ongoing process that may never have a resolution.
Neither is it considered the same as conflict transformation which seeks to reframe the positions
of the conflict parties.
1.4 Nature of Conflict

Conflict is often inevitable. It is a fact of life in organizations. It is not something that is a
tangible product but it lies in the minds of the people who are parties to it. It does become
tangible when it manifests itself in arguing, brooding, or fighting. The problem lies with the
inability for people to manage and resolve it effectively. If managed effectively, conflict can be
constructive. If not, conflict can be a destructive force in people and organizations.
Conflict is most often thought of for its destructive effects. The truth is that most people don‘t
like conflict. Many will avoid conflict at all cost. In reality, avoiding conflict might produce
negative and destructive effects. Avoiding issues can have devastating consequences because
those simple issues will become deeply entrenched. Tolerating misbehavior enables the team,
and it does a disservice to the mission. At times, conflict is positive in society because it can
provide the basis of societal transformation from social, political, economic, environmental and
other points of view.
We should see that while unhealthy conflict is disruptive and reduces effectiveness, constructive
conflict has positive benefits. Organizations, especially large and complex ones employ different
groups of people which have to be co-ordinated in the best way possible in order to achieve both
individual and organizational goals. This means that the management has to create an
environment in which members can cooperate with each other. However, work groups often
have a tendency to compete for resources, power and statuses to the extent of disrupting the
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cooperative efforts. Besides internal conflict, the management also faces conflict from external
forces, such as, the government, trade unions and economic conditions.
Is conflict always bad? Debate for and against conflict in organizations
Most people are uncomfortable with conflict, but is conflict always bad? Conflict can be
dysfunctional if it paralyzes an organization, leads to less than optimal performance, or, in the
worst case, leads to workplace violence. Surprisingly, a moderate amount of conflict can actually
be a healthy (and necessary) part of organizational life. To understand how to get to a positive
level of conflict, we need to understand its root causes, consequences, and tools to help manage
it. The impact of too much or too little conflict can disrupt performance. If conflict is too low,
then performance is low. If conflict is too high, then performance also tends to be low. The goal
is to hold conflict levels in the middle of this range. While it might seem strange to want a
particular level of conflict, a medium level of task-related conflict is often viewed as optimal,
because it represents a situation in which a healthy debate of ideas takes place.
Traditionally, conflict has been considered destructive and one which should be avoided at all
costs. Conflict can be considered undesir able only when:
It produces stress and anxiety for those experiencing it
When it causes discontent and frustration
When it threatens harmony and unity within social groups, such as the family, church,
club, school or political parties
While conflict can be painful and produce undesirable consequences, its absence can be
dysfunctional to an organization‘s effectiveness. Conflict is therefore not always bad for an
organization, that is, we do not need to reduce all conflict. This is because it is:
An inevitable part of organization life
Needed for growth and survival
Conflict management includes increasing and decreasing conflict
Conflict can be valuable in strengthening or ganizational change
Conflict and discontent help to stimulate the need for change. Without change, an
organization would stagnate
Once conflict occurs, it brings about change within and between groups. These changes can
either be positive or negative.
Conflict in an organization may be functional or dysfunctional. The difference between the two
is due to the amount of conflict, the time spent handling the conflict and the style of
management. The distinction between the two also pivots on whether the organization‘s interests
are served.
Functional conf lict : works towards the goals of an organization or group. It stimulates
the organization and increases productivity. It is commonly referred to in management
circles as constructive or cooperative conflict.
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Dysfunctional conflict : blocks an organization or group from reaching its goals. It has a
negative effect on communication, interactions among employees and employers and
problem solving.
According to one conflict expert,
Some types of conflict support the goals of the organization and improve performance;
these are functional, constructive forms of conflict . They benefit or support the main
purposes of the or ganization, additionally, there are those types of conflict that hinder
organizational performance; these are dysfunctional or destructive forms. They are
undesirable and the manager should seek their eradication.
Often, a simmering conflict can be diffused in a functional manner or driven to dysfunctional
proportions, depending on how it is handled.
•Functional conf lict

“Constructive Conflict” --Mary Parker Follett(1925)
Increases information and ideas
Encourages innovative thinking
Unshackles different points of view
Reduces stagnation
Dysfunctionally high conflict

Tension, anxiety, stress
Drives out low conflict tolerant people
Reduced trust
Poor decisions because of withheld or distorted information
Excessive management focus on the conflict
Dysfunctionally low conflict
Few new ideas
Poor decisions from lack of innovation and information
Stagnation
Business as usual
1.5 Types of disputes
Disputes arise where 2 or more people or groups who perceive their needs, interests or goals to
be incompatible communicate their view to the other person or group.
Disputes lead to a variety of responses, some interest-based (e.g negotiation, mediation), some
rights-based (e.g litigation) and some power -based (e.g use of force, threats, violence). The
regular occurrence of disputes can be a symptom of a much deeper conflict in which individuals
or groups are embroiled.
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1.5.1 Family disputes
All families at some time experience difficulties and stress. Family disputes include any conflict
between people who are related in some way, or who are part of a family or have been part of a
family in the past. This can include:
within families, such as between couples, parents and children, siblings

between families, such as adult siblings and their families, grandpar ents and their
children‘s families, blended or step-families
between separated couples and their families
Family disputes can be about almost anything. Some of the most common topics people discuss
in mediation are:
Child/teenager's behavior
Children‘s education, health and welfare
Contact with children (separated couples or extended families)
Financial support for children (separated couples)
Inability to communicate
Lack of trust
Lifestyle/environmental differences
Money/debt
Parenting differences
Previous agreements broken down
Property settlement (separated couples or older parents & adult children)
Relationship breakdown
Verbal abuse/swearing or bullying
1.5.2 Personal disputes

There are many situations in which a person feels unfairly wronged by another, and looks to
remedy the situation through mediation, arbitration, or filing a small claim. We have lumped
these cases into the categor y of personal disputes. Examples of cases that may fall under this
heading are:
A dry cleaner ruins your clothing, drapes, etc.

You are attacked and bitten by your neighbor‘s pit bull.
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The family across the street has teenage children who regularly throw ver y loud parties
that substantially disturb your peace and quiet
You were treated rudely, perhaps to the point of harassment, by a company representative
You were given a black eye by an angr y little league parent when you, as the coach,
failed to put his son in as a pinch hitter
Unfortunately, incidents like these occur all the time, and yet do not fit neatly under the rubric of
any of the categories mentioned thus far in the manual. Fortunately, however, these cases usually
adhere to one general legal principle: one person suffered an injury ( either personal or financial)
that resulted in a monetary loss, and somebody else is directly responsible for this injur y. Callers
who feel as though their dispute meets these criteria may find relief through the small claims
system.
1.5.3 Workplace disputes
Employers or employees share the responsibility for creating a healthy workplace for the team.
This responsibility involves ensuring that conflicts do not negatively affect client outcomes or
relationships among colleagues. A healthy workplace is an environment in which people in the
workplace can identify conflict and implement systems for its management.
Many factors can contribute to the escalation of conflict within the workplace and they include:-
a) Organizational policies or programs aimed at identifying, preventing and managing the

incidence of conflict and abuse in the workplace do not incorporate or address human
rights issues, such as race and ethnicity.
b) Organizational policies are not communicated to staff or adhered to at all levels
c) There is lack of formal performance feedback mechanisms
d) The workplace culture promotes under-reporting of incidences of conflict
e) Managers and administrators abuse or bully
f) Managers and administrators show favoritism to certain staff members and ignore their
disruptive behavior
g) There is lack of role clarity for staff
h) Communication is negatively affected by working conditions (e.g heavy workload or fast
work pace)
i) Working conditions are poor (e.g lack of ventilation, too much noise, safety hazards).
1.6 Levels of conflict

Levels of conflict Types of conflict
Organization Page 8 MKU

Within and between organizations: Intra-organizational &
inter-organizational conflict
Group Within and between groups: Intra-group & inter-group conflict
Individual Within and between individuals: Intrapersonal & interpersonal
conflict
Intra-organizational conflict can occur along the vertical and horizontal dimensions of an
organization.
Horizontal conflict : conflict between managers and subordinates
Vertical conflict : conflict between departments and work groups
Organizational and Interpersonal Conflict
Organizational conflict can be divided into intra-organizational and inter-organizational. Inter-

organizational conflict occurs between two or more organizations (Rahim, 2002). When different
businesses are competing against one another, this is an example of inter -organizational conflict.
Intra-organizational conflict is conflict within an organization, and can be examined based upon
level (e.g. department, work team, individual), and can be classified as interpersonal, intragroup
and intergroup.
Interpersonal conflict refers to conflict between two or more individuals (not representing the
group they are a part of) of the same or different group at the same or different level, if in an
organization. Interpersonal conflict can be divided into intragroup and intergroup conflict. While
the former--intragroup--occurs between members of a group (or between subgroups within a
group), the latter--intergroup--occurs between groups or units in an organization (Rahim, 2002).
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Review Questions
i. What is conflict?
ii. Explain the levels and types of conflict
iii. Differentiate between the following:
a. Conflict resolution and conflict management
b. Horizontal and vertical conflict
c. Functional and dysfunctional conflict
iv. Discuss family, workplace and personal disputes
References for further reading

Kinicki, A. and Kreitner, R. Organizational Behavior: Key Concepts, Skills and Best Practices ,
McGraw-Hill, New York, 2009
Christie, D. J., Wagner, R. V., & Winter, D. A. (Eds.). (2001). Peace, Conflict, and Violence:
Peace Psychology for the 21stCentury .Englewood Cliffs, New Jersey: Prentice-Hall.
CHAPTER TWO: CONFLICT PREVENTION AND CHARACTERISTICS
Learning objectives
i. Understand different sources of conflict

ii. Learn the outcomes of conflict
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iii. Explain the characteristics of conflict based on identity
2.1 Sources of conflict
The sources of conflict play a critical role in determining appropriate ways to manage conflict.
The way a society is organized can create both the root causes and the conditions in which it is
likely to occur. Conflicts arise out of many sour ces, which can be categorized into the following:
Values – The value system of a society distinguishes it from others. It is marked by one or more
cultural practices such as language, religion, kinship, organization, lifestyle or dress. They are
fundamental principles that we respect most and hence think highly of. As such, values are the
core of what we are, what we stand for. Intra-personal conflicts arise when our outward behavior
contradicts the value system we wish0 to hold, leading to feelings of guilt. Value-based conflicts
arise over ideological differences or differences in evaluation of ideas or behavior. It is when
values are imposed on groups, or groups prevented from upholding theirs, that conflict arises.in
Africa, ethnicity has been blamed for the conflicts that have been experienced in the continent.
Ethnicity can create language and behavior that excludes people, creating =us/them‘,
=insider/outsider‘ situations and using the language of discrimination, intolerance and hate. If
people create a society that doesn‘t see =difference‘ and =diversity‘ as problems but as valuables
for growth, conflicts would be minimized. Value-based conflicts are the most challenging to deal
with, simply because being the core of an individual or group identity; it is difficult to
compromise around them. Peace-builders must be especially sensitive to group or individual
values, and as far as possible trace any problem to its roots to prevent a situation where they
unconsciously deal with value conflicts.
Resources – Resources are what we require to fulfill a need. They are therefore a means of
achieving an end – the satisfaction of a need(s). Resources can be natural (such as land, and
water) or artificial (such as infrastructure and equipment).resource-based conflicts arise out of
competition for possession of the same resources (such as territory, jobs, housing and income)
when they are not fairly distributed or when they are not enough to go around (scarce), for
example land and water. Under increased scarcity, conflicts are bound to occur. This is evident
among pastoralists whose movements increase during drought and experience increased
competition for the meager available resources, increasing friction between them and the
sedentary communities.
Needs – needs are human desires or necessities for survival. Needs may be actual. (those without
which we may not survive like food and shelter), or they may be perceived (those without which
we may not live a particular standard of life). Perceived needs range from fancy clothes and good
education, to good cars and magnificent homes. Need-based conflicts arise out of our desire to
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fulfill these needs. It is only when these needs are satisfied at the expense of other people‘s
needs, or when our perceived needs are prioritized before others‘ basic ones that possibilities of
conflict are enhanced.
Organizational conflict appears in a variety of forms and has varying causes. These can
generally be separated into several categories.
Kahn and Boulding (1964) have identified 3 sources of conflict. These are:-
1. Structural conflict(conflict arising out of the need to manage the interdependence

between different organizational sub-units)
2. Role conflict (conflict arising from sets of perceived behavior)
3. Resources conflict (conflict stemming from interest groups competing for organizational
resources)
Robbins (1974) identifies 3 sources of organizational conflict and indicates that an understanding
of the source of a conflict improves the probability of ef fective conflict management. The main
factors which serve as sources of conflict are identified as:-
1. Communicational (conflicts arising out from misunderstandings e.t.c)

2. Structural (conflicts related to organizational roles)
3. Personal (conflicts stemming from individual differences)
Some scholars have also identified the following sources of conflict in organizations:
1. Organizational Structure
Conflict tends to take differ ent forms, depending upon the organizational structure. For
example, if a company uses a matrix structure as its organizational form, it will have
decisional conflict built in, because the structure specifies that each manager report to
two bosses. For example, global company ABB Inc. is organized around a matrix
structure based on the dimensions of countr y and industry. This structure can lead to
confusion as the company is divided geographically into 1,200 different units and by
industry into 50 different units.
2. Limited Resources
Resources such as money, time, and equipment are often scarce. Competition among
people or departments for limited resour ces is a frequent cause for conflict. For example,
cutting-edge laptops and gadgets such as a BlackBerry or iPhone are expensive resour ces
that may be allocated to employees on a need-to- have basis in some companies. When a
group of employees have access to such resources while others do not, conflict may arise
among employees or between employees and management. While technical employees
may feel that these devices are crucial to their productivity, employees with customer
contact such as sales representatives may make the point that these devices are important
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for them to make a good impression to clients. Because important resources are often
limited, this is one source of conflict many companies have to live with.
3. Task Interdependence
Another cause of conflict is task interdependence; that is, when accomplishment of your
goal requires reliance on others to perform their tasks. For example, if you‘re tasked with
creating advertising for your product, you‘re dependent on the creative team to design the
words and layout, the photographer or videographer to create the visuals, the media buyer
to purchase the advertising space, and so on. The completion of your goal (airing or
publishing your ad) is dependent on others.
4. Incompatible Goals
Sometimes conflict arises when two parties think that their goals are mutually exclusive.
Within an organization, incompatible goals often arise because of the different ways
department managers are compensated. For example, a sales manager‘s bonus may be
tied to how many sales are made for the company. As a result, the individual might be
tempted to offer customers freebies such as expedited delivery in order to make the
sale. In contrast, a transportation manager‘s compensation may be based on how much
money the company saves on transit. In this case, the goal might be to eliminate
expedited delivery because it adds expense. The two will butt heads until the company
resolves the conflict by changing the compensation scheme. For example, if the company
assigns the bonus based on profitability of a sale, not just the dollar amount, the cost of
the expediting would be subtracted from the value of the sale. It might still make sense to
expedite the order if the sale is large enough, in which case both parties would support it.
On the other hand, if the expediting negates the value of the sale, neither party would be
in favor of the added expense.
5. Personality Differences
Personality differences among coworkers are common. By understanding some
fundamental differences among the way people think and act, we can better understand
how others see the world. Knowing that these differences are natural and normal lets us
anticipate and mitigate interpersonal conflict—it‘s often not about you but simply a
different way of seeing and behaving. For example, Type A individuals have been found
to have more conflicts with their coworkers than Type B individuals.
6. Communication Problems
Sometimes conflict arises simply out of a small, unintentional communication problem,
such as lost e-mails or dealing with people who don‘t return phone calls. Giving feedback
is also a case in which the best intentions can quickly escalate into a conflict situation.
When communicating, be sure to focus on behavior and its effects, not on the person. For
example, say that Jeff always arrives late to all your meetings. You think he has a bad
attitude, but you don‘t really know what Jeff‘s attitude is . You do know, however, the
effect that Jeff‘s behavior has on you. You could say, Jeff, when you come late to the
meeting, I feel like my time is wasted. Jeff can‘t argue with that statement, because it is
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a fact of the impact of his behavior on you. It‘s indisputable, because it is your reality.
What Jeff can say is that he did not intend such an effect, and then you can have a
discussion regarding the behavior.
Other Sources of Conflict in Organizations include ;-
1. Scarce resources : money, equipment, facilities

2. Organizational differentiation : different orientations in different parts of organization
3. Rules, procedures, policies : behavioral guides that can cause clashes
4. Cohesive groups : value and orientation differences among groups
5. Interdependence : forces interaction
6. Communication barriers : shift work and jargon
7. Ambiguous jurisdictions :areas of authority not clearly defined
8. Reward systems : reward different behavior indifferent parts of the organization
9. Sales on commission: manufacturing rewarded for meeting schedules. Communication
differences.
2.2 Outcomes of conflict

One of the most common outcomes of conflict is that it upsets parties in the short run. However,
conflict can have both positive and negative outcomes. Whether outcomes are positive or
negative will depend on the way in which the conflict is handled. This means that the outcome
of a conflict depends upon many aspects of the conflict process prior to the efforts to manage it,
e.g issues in conflict, relative power of actors, and degree of proximity e.t.c.
2.2.1 Positive outcomes

Is it possible for conflict resolution to result in positive outcome?
Conflict can sometimes have positive effects. On the positive side, it can result in greater
creativity or better decisions. For example, as a result of a disagreement over a policy, a manager
may learn from an employee that newer technologies help solve problems in an unanticipated
new way.
Other positive outcomes/implications of conflict include the following:
Consideration of a broader range of ideas, resulting in a better, stronger idea

Surfacing of assumptions that may be inaccurate
Increased participation and creativity
Clarification of individual views that build learning
It can open up issues for analysis, leading to greater clarity and improving the quality of
problem-solving.
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It can encourage more spontaneous and open communication leading to growth in the
parties and in their relationship.
Can help establish our identity and independence. At earlier stages of life, it helps one
assert personal identity as opposed to the aspirations, beliefs and behaviors of those
around you
Intensity of conflict demonstrates the closeness and importance of relationships. While
emotional intensity may threaten the relationship, they may also help measure the depth
and importance of the relationship if dealt with constructively.
Can build new relationships by bringing together people who otherwise did not hav a
previous relationship. During the process of conflict resolution, parties may discover their
common interests and work to maintain on-going relationship
Can create cooperation like when adversaries come together in a coalition to pursue a
common goal or fend off a common threat
It serves as a safety valve mechanism, which helps to release tension and sustain a
relationship. Relationships that suppress disagreements grow rigid and brittle with time
Helps parties to assess each other‘s power and can work to redistribute power in a system
of conflicts
Establishes and maintains group identities because of the clear boundaries created to
determine the =in-group‘ and =out-group‘
Enhances group cohesion through issue and belief clarification. Members of a threatened
group always pull together in solidarity; while dissenters are weeded out, the issues and
beliefs become more clearly clarified
Creates or modifies rules, norms, laws and institutions by raising issues. Unexpressed
problems or frustrations result in the status quo being maintained
Conflict is perhaps the largest employer of the world‘s workforce. Whether for good or
bad, conflict-related employments e.g the United Nations, national armies and police
forces, correctional institutions, the Red Cross and all humanitarian agencies have been
some of the most lucrative employers. Arms manufacturers, merchants and peddlers are
among the most affluent citizens of the world
2.2.2 Negative outcomes

On the other hand, conflict resolution sometimes yields negative outcomes and damaging
consequences. Conflict can be dysfunctional if it is excessive or involves personal attacks or
underhanded tactics.
Examples of negative outcomes/implications include the following:
Increased stress and anxiety among individuals, which decreases productivity and
satisfaction
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Feelings of being defeated and demeaned, which lowers individuals‘ morale and may
increase turnover
A climate of mistrust, which hinders the teamwork and cooperation necessary to get work
done
It can create suspicion and distrust,
Can obstruct cooperative, action and damage relationships,
Can escalate differences in positions, and even lead to violent confrontation.
Loss of lives
Destruction of property
Maiming people, while leaving other handicapped
Separating families
Creation of humanitarian crises such as hunger and starvation
Spread of HIV/AIDS and creation of vulnerability plagues and epidemics
Promotion of vices and dishonesty as people strive to cope up or find appr opriate ways of
revenge
Desired outcomes of conflict
Within organizations, conflict management is more than simply a quest for agreement. If
progress is to be made and dysfunctional conflict minimized, a broader agenda is in order.
Tjosvold‘s cooperative conflict model calls for 3 desired outcomes:
1. Agreement – but at what cost? Equitable and fair agreements are best. An agreement that
leaves one party feeling exploited or defeated will tend to breed resentment and
subsequent conflict.
2. Stronger relationships – Good agreements enable conflicting parties to build bridges of
goodwill and trust for future use. Moreover, conflicting parties who trust each other are
more likely to keep their end of the bargain.
3. Learning – functional conflict can promote greater self-awareness and create problem-
solving. Like the practice of management itself, successful conflict handling is learned
primarily by doing. Knowledge of concepts and techniques is a necessary first step but
there is no substitute for hands-on practice.
2.3 Characteristics of conflict on – Religious, Ethnic, National and Racial identity
The Nature of Identity
Identity may be defined as the distinctive characteristic belonging to any given individual, or
shared by all members of a particular social categor y or group. Developing a sense of self is an
essential part of ever y individual becoming a mature person. Each person's self-conception is a
unique combination of much identification, identifications as broad as woman or man, Catholic
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or Muslim, or as narrow as being a member of one particular family. Although self-identity may
seem to coincide with a particular human being, identities are actually much wider than that.
They are also collective identitiesextend to countries and ethnic communities, so that people
feel injured when other persons sharing their identity are injured or killed. Sometimes people are
even willing to sacrifice their individual lives to preserve their identity group(s). Palestinian
suicide bombers are a well-publicized example. People who share the same collective identity
think of themselves as having a common interest and a common fate. Identities are constructed
on the basis of various traits and experiences. Many of those characteristics are open to different
interpretations.
Religious identity
Many identities are not based on ascribed traits but on shared values, beliefs, or concerns, which
are varyingly open to acquisition by choice. This includes shared religious adherence -- indeed,
members of many religious communities proselytize to win converts to their faith.
Religion has also been cited as another important marker of the ethnic identity of a people.
Religious conviction is a source of conflict within and between communities. In Kenya and
Africa, religious activities are part and parcel of community and family life. religious A war
(Latin: bellum sacrum ) is a war caused by, or justified by, religious diff erences. It can involve
one state with an established religion against another state with a different religion or a different
sect within the same religion, or a religiously motivated group attempting to spread its faith by
violence, or to suppress another group because of its religious beliefs or practices. The Muslim
conquests, the Crusades and the French Wars of Religion are frequently cited historical
examples. Religious conflicts are created by religious intolerance and disrespect for other
people‘s religions.
Ethnic identity
Language contributes to the identity of every individual. Language determines each person‘s
way of thinking and communicating. It influences education and opens the door to one‘s own
cultural roots. Language has been cited as a powerful indicator of ethnic and national identity.
Ethnic conflict refers to a war between ethnic groups, often as a result of ethnic nationalism.
Ethnic differences exist in most countries around the globe. In Africa, ethnic differences make
enormous impact on political activity. The awareness of these differences has been referred to as
ethnicity. Ethnicity refers to
the active sense of identification with some ethnic unit

group identification based on common name, descent, culture, language and territor y
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Ethnicity involves discrimination by members of one ethnic group against others because of the
different socio-cultural attitudes and values which they observe or maintain. Everywhere around
the globe, people identify themselves with different ethnic groups. Every ethnic group within
post-colonial African states wants to be recognized and reckoned in leadership matters
irrespective of the size of its population. The struggle for power was pursued and interpreted in
ethnic terms.
Most African states are made up of multi-ethnic populations. As a result, ethnic conflicts and
political instability arise when an ethnic group believes they have been mar ginalized by one or
all others on some national matters within the state. Ethnically distinct groups take up arms when
they perceive injustice and become dissatisfied over the control and distribution of power, raw
materials and national wealth.
In various parts of Africa, there have been conflict situations, e.g the Angolan civil war,
Sudanese political crisis, Liberian civil war, Sierra Leone armed conflicts, the anarchy in
Somalia, massacre of one ethnic group by another in Burundi and Rwanda, armed conflict in
Chad, Ethiopia, South Africa, former Zaire, Nigeria and Morocco. At the background of these
conflicts are ethnic and political problems. In extreme cases, ethnic conflicts give rise to such
occurrences as =ethnic cleansing‘ and genocide.
National identity
A nation refers to a large community of people sharing a common history, descent, language, and
culture and living in a particular territory under one government. National refers to that which is
of or belongs to a nation. Considerable attention for many years has been given to nationalism as
a source of intractable conflicts. Nationalism as an ideology asserts that nations or groups of
people who share a common histor y and destiny have the right to have a territory or state of their
own. Given the movement and intermingling of people on earth and the changing political
systems of the world, such a right for everyone is not realizable. Furthermore, nationalist
sentiments often are a variant of ethnocentrism, the tendency to see one's own group as superior
and more deserving of respect than all others. This is particularly evident when nationalist
sentiments are shaped by ethnic identities. They are less evident in civic nationalism, which
affirms citizenship in a country as obtainable by all who choose to live there. Furthermore, it is
indeed possible for people to be patriotic, celebrating their own people or countr y, without
denigrating or dominating other peoples or countries.
Nationhood stands above tribalism, e.g the identification of oneself as a Kenyan as opposed to
ethnic tag. Nationalism was highly pronounced during the pre-independent era against colonial
masters. The common enemy elicited feelings of or a sense of national unity and identity to the
different tribes although not all were involved directly. This brought about spirited campaigns,
wars and resistance to force an end to colonialism. The same spirit was replayed in the 1980s and
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90s when gallant Kenyans not only united together against, but also coerced the hitherto
dictatorial KANU regime to allow multi-party democracy to thrive. Racial identity
The concept of racial identity is often misunderstood and can have several meanings which are
derived from biological dimensions and social dimensions. Race is derived from an individual's
physical features, gene pools, and character qualities. The social construction of racial identity
can be referred as a sense of group or collective identity based on one's perception that he or she
shares a common heritage with a particular racial group. Racial identity is a surface-level
manifestation based on what we look like yet has deep implications in how we are treated. Skin
color is an important marker of identity in many societies, but in others it is of minimal
importance. Many people in the United States assign relatively great importance to skin color;
furthermore, they tend to dichotomize color into black and white, claiming that having
any African ancestr y, even over several generations, may make a person identify
with being black. Racism creates hostility and animosity and involves favoring and giving
special or preferential treatment to people of one‘s race. Discrimination on the basis of race
divides people on racial lines hence threatening national unity.
Review questions
i. Discuss the sources of conflict in organizations
ii. Identify 3 desired outcomes of conflict
iii. Explain the role of identity in conflict
iv. Define the following:
a. ethnicity
b. ethnic conflict

Kinicki, A. and Kreitner, R. Organizational Behavior: Key Concepts, Skills and Best Practices ,
McGraw-Hill, New York, 2009
Christie, D. J., Wagner, R. V., & Winter, D. A. (Eds.). (2001). Peace, Conflict, and Violence:
Peace Psychology for the 21stCentury .Englewood Cliffs, New Jersey: Prentice-Hall.
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CHAPTER THREE: METHODS OF CONFLICT RESOLUTION: MEDIATION
Learning objectives
i. Describe the process of mediation

ii. Explain the types of mediation
iii. Discuss the challenges of mediation
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3.1 Definition of mediation:
The intervention in a dispute by an acceptable, impartial and neutral third party who has
no decision-making authority or power, to assist contending parties to voluntarily reach
their own mutually acceptable settlement of the issues in dispute.
The term "mediation" broadly refers to any instance in which a third party helps others
reach agreement.
In mediation, an outside third party (the mediator) enters the situation with the goal of assisting
the parties in reaching an agreement. The mediator can facilitate, suggest, and recommend. The
mediator works with both parties to reach a solution but does not represent either side. Rather,
the mediator‘s role is to help the parties share feelings, air and verify facts, exchange
perceptions, and work toward agreements. . A mediator does not resolve the charge or impose a
decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable
resolution. The mediation process is strictly confidential.
Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving
disputes between two or more parties with concrete effects. Typically, a third party, the mediator
assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of
domains, such as commercial, legal, diplomatic, workplace, community and family matters.
More specifically, mediation has a structure, timetable and dynamics that "ordinar y" negotiation
lacks. The process is private and confidential, possibly enforced by law. Participation is typically
voluntary. The mediator acts as a neutral third party and facilitates rather than directs the
process.
Mediators use various techniques to open, or improve, dialogue between disputants, aiming to
help the parties reach an agreement. Much depends on the mediator's skill and training. As the
practice gained popularity, training programs, certifications and licensing followed, producing
trained, professional mediators committed to the discipline.
The benefits of mediation include:
Cost —While a mediator may charge a fee comparable to that of an attorney, the
mediation process generally takes much less time than moving a case through standard
legal channels. While a case in the hands of a lawyer or a court may take months or years
to resolve, mediation usually achieves a resolution in a matter of hours. Taking less time
means expending less money on hourly fees and costs.
Confidentiality —While court hearings are public, mediation remains strictly

confidential. No one but the parties to the dispute and the mediator (s) know what
happened. Confidentiality in mediation has such importance that in most cases the legal
system cannot force a mediator to testif y in court as to the content or progress of
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mediation. Many mediators destroy their notes taken during a mediation once that
mediation has finished. The only exceptions to such strict confidentiality usually involve
child abuse or actual or threatened criminal acts.
Control—Mediation increases the control the parties have over the resolution. In a court
case, the parties obtain a resolution, but control resides with the judge or jury. Often, a
judge or jury cannot legally provide solutions that emerge in mediation. Thus, mediation
is more likely to produce a result that is mutually agreeable for the parties.
Compliance —Because the result is attained by the parties working together and is
mutually agreeable, compliance with the mediated agreement is usually high. This further
reduces costs, because the parties do not have to employ an attorney to force compliance
with the agr eement. The mediated agreement is, however, fully enforceable in a court of
law.
Mutuality —Parties to mediation are typically ready to work mutually toward a

resolution. In most circumstances the mere fact that parties are willing to mediate means
that they are ready to "move" their position. The parties thus are more amenable to
understanding the other party's side and work on underlying issues to the dispute. This
has the added benefit of often preserving the relationship the parties had before the
dispute.
Support —Mediators are trained in working with difficult situations. The mediator acts as
a neutral facilitator and guides the parties through the process. The mediator helps the
parties think "outside of the box" for possible solutions to the dispute, broadening the
range of possible solutions.
3.2 Process of mediation
There are four stages of mediation. These are:
Introduction stage
Story-telling stage
Problem-solving stage
Agreement stage
Introduction stage
The beginning of the mediation process sets the ground for the whole discussion. When people arrive for
mediation, there is always tension, suspicion, fear, anxiety and uncertainty concerning the other party.
Thus mediators have the opportunity to set the atmosphere for proper relations from the onset. The
objective of this stage is to provide an environment that is safe for parties to begin face-to-face discussion.
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There is need to plan the room in advance, obtain flip charts or chalk board. Establish a sense of safety by
taking charge from the moment the parties arrive so that there is no question that the mediator is in
control.
The following are the activities that characterize the introduction stage:
Welcoming and greetings : There is need to give participants some confidence and respect
Names : The people involved should be allowed to introduce themselves since most protocols are
not so clear. Ask the parties how they would like to be called; surname, first names or titles
Describe the next steps : People may not be aware of the mediation process and it would therefore
be of benefit if they have this description.
Mediator’s role : Explain that the role of the mediator is not to judge who is right or wrong, but to
help parties discuss the issues of concern
Establish the ground rules : some mediator‘s propose the ground rules while others ask the
parties to generate them
Story-telling stage
During this phase, each party tells their story from their own perspective. The mediator usually
summarizes each after the party has told theirs. The mediator lists the issues for resolution and the parties
agree on this list. The objective of this stage is to allow all the parties to express their concerns, explain
the situation as they understand it and gain a sense of each party‘s view.
Problem-solving stage
During this stage, parties engage in a problem-solving process to generate and then evaluate various
options for resolving their conflict. At times the mediator uses a caucus, which is a separate session with
each party, to explore emotions, unstated interests or goals. This stage involves:
Clarifying issues
Identifying common concerns and establishing common ground

Dealing with one issue at a time, starting with the simplest
Maintaining control by using a list of issues and interviewing each party in turn
Moving away from the party‘s demands and focusing on each party‘s underlying interest
Generating options and inviting parties to suggest their proposals
Evaluating the options
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Selecting the options
Agreement stage
After evaluating the various options for resolving the disagreement, the parties decide on a solution. The
mediator facilitates a discussion about the details of the agreement – who will do what, when and where.
This is often written down, with some details about what to do if either party does not uphold their part of
the agreement.
Important elements of mediation process
For mediation to occur, parties to a conflict must be in negotiation. They must accept and be
willing to begin face-to-face bargaining session for mediation to start. Mediation is negotiation
with an addition of a third party/person who is knowledgeable in effective negotiation
procedures. The negotiation helps those in conflict to coordinate their activities and be more
effective in their bar gaining. The following elements are important in mediation process:
1. Intervention – The intervener will be able to influence beliefs/behaviors of the parties to

the conflict by providing knowledge or information or facilitating a more effective
negotiation process in order to help parties settle contested issues.
2. Acceptability – This refers to the willingness of parties to the conflict to allow a third
party to enter a dispute and assist them in reaching a solution. It also means that parties to
the conflict approve of the mediators‘ presence and are willing to listen to and consider
his suggestions.
3. Impartiality and neutrality– Impartiality refers to an unbiased opinion or lack of
preference in favor of one or more negotiators. Neutrality means the mediator does not
personally expect to directly gain benefits or special payments from one of the parties as
compensation for favors in conducting the mediation. The mediator can have personal
opinions as long as he does not favor one of the parties.
4. No authority or decision-making power – this distinguishes a mediator from a judge or
arbitrator. A mediator works to reconcile people‘s competing interests. His goal is to
assist the parties to look into the future, examine their interest or needs and negotiate an
exchange of promises and relationship that will be mutually satisfactor y, as well as meet
personal standards of fairness
5. A voluntary process – this means free chosen participation and free chosen settlement
3.3 Types of mediation
1. Community mediation
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Disputes involving neighbors often have no official resolution mechanism. Community
mediation centers generally focus on neighborhood conflict, with trained local volunteers serving
as mediators. Such organizations often serve populations that cannot afford to utilize the courts
or professional ADR-providers. Community programs typically provide mediation for disputes
between landlords and tenants, members of homeowners associations and small businesses and
consumers. Many community programs offer their services for free or at a nominal fee.
Experimental community mediation programs using volunteer mediators began in the early
1970s in several major U.S. cities. These proved to be so successful that hundreds of programs
were founded throughout the country in the following two decades. In some jurisdictions, such as
California, the parties have the option of making their agr eement enforceable in court.
2. Peer Mediation
A peer mediator resembles the disputants, such as being of similar age, attending the same
school or having similar status in a business. Purportedly, peers can better relate to the disputants
than an outsider. Peer mediation promotes social cohesion and aids development of protective
factors that create positive school climates. Some scholars have highlighted the significance of
this approach to reducing bullying and promoting pupil achievement. Schools adopting this
process recruit and train interested students to prepare them.
Peace Pals is an empirically validated peer mediation program. It was studied over a 5-year
period and revealed several positive outcomes including a reduction in elementary school
violence and enhanced social skills, while creating a mor e positive, peaceful school climate.
Peer mediation helped reduce crime in schools, saved counselor and administrator time,
enhanced self-esteem, improved attendance and encouraged development of leadership and
problem-solving skills among students. Such conflict resolution programs increased in U.S.
schools 40% between 1991 and 1999.
Peace Pals was studied in a diverse, suburban elementar y school. Peer mediation was available
to all students (N = 825). Significant and long-term reductions in school-wide violence over a
five-year period occurred. The reductions included both verbal and physical conflict. Mediator
knowledge made significant gains pertaining to conflict, conflict resolution and mediation, which
was maintained at 3-month follow-up. Additionally, mediators and participants viewed the Peace
Palsprogram as effective and valuable, and all mediation sessions resulted in successful
resolution.
3. Mediation and Commercial disputes
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Mediation was first applied to business and commerce and this domain remains the most
common application, as measured by a number of mediators and the total exchanged value. The
result of business mediation is typically a bilateral contract. Commercial mediation includes
work in finance, insurance, ship-brokering, procurement and real estate. In some areas, mediators
have specialized designations and typically operate under special laws. Generally, mediators
cannot themselves practice commer ce in markets for goods in which they work as mediators.
Procurement mediation comprises disputes between a public body and a private body. In
common law jurisdictions only regulatory stipulations on creation of supply contracts that derive
from the fields of State Aids (EU Law and domestic application) or general administrative
guidelines extend ordinary laws of commerce. The general law of contract applies in the UK
accordingly. Procurement mediation occurs in circumstances after creation of the contract where
a dispute arises in regard to the performance or payments. A Procurement mediator in the UK
may choose to specialize in this type of contract or a public body may appoint an individual to a
specific mediation panel.
4. Native-title mediation
In response to the Mabo decision, the Australian Government sought to engage the population
and industry on Mabo's implications for land tenure and use by enacting the Native Title Act
1993 (Cth), which required mediation as a mechanism to determine future native title rights. The
process incorporated the Federal Court and the National Native Title Tribunal (NNTT).
Mediation can occur in parallel with legal challenges, such as occurred in Perth.
Some features of native title mediation that distinguish it from other forms include lengthy time
frames, the number of parties (ranging on occasion into the hundreds) and that statutory and case
law prescriptions constrain some aspects of the negotiations.
Variants
i. Evaluative mediation
Evaluative mediation is focused on providing the parties with an evaluation of their case and
directing them toward settlement. During an evaluative mediation process, when the parties
agree that the mediator should do so, the mediator will express a view on what might be a fair or
reasonable settlement. The Evaluative mediator has somewhat of an advisory role in that s/he
evaluates the str engths and weaknesses of each side's argument and makes some predictions
about what would happen should they go to court. Facilitative and transformative mediators do
not evaluate arguments or direct the parties to a particular settlement.
ii. Facilitative mediation
Page 26 MKU
Facilitative mediators typically do not evaluate a case or direct the parties to a particular
settlement. Instead, the Facilitative mediator facilitates the conversation. These mediators act as
guardian of the process, not the content or the outcome. During a facilitative mediation session
the parties in dispute control both what will be discussed and how their issues will be resolved.
Unlike the transformative mediator, the facilitative mediator is focused on helping the parties
find a resolution to their dispute and to that end, the facilitative mediator provides a structure and
agenda for the discussion.
iii. Transformative mediation
Transformative mediation looks at conflict as a crisis in communication. Success is not measured

by settlement but by the party‘s shifts toward
a) personal strength,
b) interpersonal responsiveness,
c) constructive interaction,
d) new understandings of themselves and their situation,
e) critically examining the possibilities,
f) feeling better about each other, and
g) making their own decisions.
Those decisions can include settlement agreements or not. Transformative mediation practice is
focused on supporting empowerment and recognition shifts, by allowing and encouraging
deliberation, decision-making, and perspective-taking. A competent transformative mediator
practices with a micro-focus on communication, identifying opportunities for empowerment and
recognition as those opportunities appear in the parties' own conversations, and responding in
ways that provide an opening for parties to choose what, if anything, to do with them.
iv. Mediation with arbitration
Mediation has sometimes been utilized to good effect when coupled with arbitration, particularly
binding arbitration, in a process called 'mediation/arbitration'. The process begins as a standard
mediation, but if mediation fails, the mediator becomes an arbiter. This process is more
appropriate in civil matters where rules of evidence or jurisdiction are not in dispute. It
resembles, in some respects, criminal plea-bargaining and Confucian judicial procedure, wherein
the judge also plays the role of prosecutor—rendering what, in Western European court
procedures, would be considered an arbitral (even 'arbitrary') decision.
Mediation/arbitration hybrids can pose significant ethical and process problems for mediators.
Many of the options and successes of mediation relate to the mediator's unique role as someone
who wields no coercive power over the parties or the outcome. The party‘s awareness that the
Page 27 MKU
mediator might later act in the role of judge could distort the process. Using a different
individual as the arbiter addresses this concern.
3.4 Challenges of mediation
1. Mediation does not always result in a settlement agreement. Parties might spend their
time and money in mediation only to find that they must have their case settled for them
by a court. Opting for mediation, therefore, presents something of a risk. Further, if
mediation fails, much of a party‘s ammunition might have already been exposed to the
opposing party, thereby becoming far less useful in the ensuing trial.
2. Mediation lacks the procedural and constitutional protections guaranteed by the federal
and state courts. The lack of formality in mediation could be a benefit, as noted above, or
a detriment. Mediation between parties of disparate levels of sophistication and power,
and who have disparate amounts of resources available, might result in an inequitable
settlement as the less-well positioned party is over whelmed and unprotected.
3. Legal precedent cannot be set in mediation . Many discrimination cases, among others,
are brought with the intention of not only securing satisfaction for the named plaintiff,
but also with the hope of setting a new legal precedent which will have a broader social
impact. These cases are only successful if a high court (usually the United States
Supreme Court) hands down a favorable decision on the main issue. Mediation is
therefore not beneficial for such cases.
4. Mediation has no formal discovery process . If one of the parties to a dispute cannot fully
address the case without first receiving information from the other party, there is no way
to compel disclosure of such information. The party seeking disclosure must rely instead
on the other party‘s good faith, which may or may not be enough.
5. No Agreement is Reached. There is no guarantee that conflicting parties in Mediation will
agree to a resolution of their conflict. Many people prefer to use Mediation to resolve
their disputes because it allows them to remain in control of the outcome, rather than
handing that control over to a Judge. As a result, although it is rare, it is always possible
that parties will go through the time, expense and efforts of Mediation, only to find that
one party decides not agree to a resolution of the dispute.
6. Mediation Agreements must be enforced in Court . After an Agreement between the
parties is signed, the Agr eement or Contract is treated by law the same as all Contracts
people sign. That is, if one party does not follow the agreement, the other party can only
enforce the agreement by filing a lawsuit with the Court.
7. One Party may not cooperate . One party to a dispute can simply decide they do not want
to cooperate in the Mediation. A party can make this decision any time, even after the
parties are in the middle of the Mediation process.
8. Advantageous Information can be given . Mediation can be used by the parties to gain
sensitive information from the other party. This information can sometimes give one
party an advantage over the other party in later Court proceedings
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Not all disputes lend themselves well to mediation. Success is unlikely unless:
All parties' are ready and willing to participate.

All (or no) parties have legal representation. Mediation includes no right to legal counsel.
All parties are of legal age and are legally competent to make decisions.
Review questions
i. What is mediation?
ii. What are the advantages of mediation?
iii. Explain the various types of mediation
iv. What are the challenges of mediation?
v. Discuss the process of mediation

Machira, A. (2008). Working for Peace: New Thinking for Peace-building . Nairobi; Acme Press.
CHAPTER FOUR: METHODS: NEGOTIATIONS
Learning objectives
i. Describe the modes of negotiation

ii. Describe the types of negotiation
iii. Discuss the challenges of negotiation
4.1 Negotiation
Definition :
A process to achieve your goals through communication with at least one other party,
with the presumed outcome and agreement. The two parties have a conflict or have
differences that may result in conflict.
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Is a dialogue between two or more people or parties, intended to reach an understanding,
resolve point of difference, or gain advantage in outcome of dialogue, to produce an
agreement upon courses of action, to bargain for individual or collective advantage, to
craft outcomes to satisf y various interests of two people/parties involved in negotiation
process.
Negotiation is a dialogue between two parties attempting to make an exchange. It is the
most frequently used method of approaching a dispute.
Negotiation is a process where each party involved in negotiating tries to gain an advantage for
themselves by the end of the process. It is intended to aim at compromise.
It is communicating for the purposes of getting a joint decision, one that can be congruently
agreed upon by both sides. It is the process of getting what you want from others by giving
others what they want, and takes place in any situation or meeting where interests are in conflict.
It occurs in business, non-profit organizations, and government branches, legal proceedings,
among nations and in personal situations such as marriage, divor ce, parenting, and ever yday life.
4.2 Modes of negotiation

Mode 1 – negotiating “in person”
Negotiations ar e generally most productive when conducted in person. This is because the
participants have the advantage of both verbal and non-verbal indicators from the other party.
And they do not suffer from the technical limitations inherent in telephone or email
communications. Factors that help make in person negotiations most beneficial include the
following:
In-person team:
Group synergy – The benefit of team negotiations is based upon the well-known principle
that The whole is greater than the sum of its parts. More-simply stated, a group will
usually make better decisions together than would any of the individuals who comprise
the group, working alone. This is extremely true in negotiations, as a well-prepared team
can almost always achieve better results than a sole negotiator.
Strength in numbers– A team will nearly always have an advantage over a single
opponent because dif ferent members of a negotiation team can play key roles that make
their approach highly effective.
In-person team negotiations are the optimal format for multi-element, high-value, and
sole/single source negotiations.
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Team negotiations are particularly important when decisions must be made during the
actual negotiation process.
A team comprised of key stakeholders can use quick caucus or breakout discussions to make
decisions that can immediately be re-introduced into the negotiation dynamic with the other
party.
In-person individual:
Many of our negotiations are one-on-one. It‘s just not practical to pull stakeholders out of
business operations for standard negotiations.
The downside to one-on-one negotiations is that the mode increases the responsibility of
the sole negotiator for preparation, success, and failure.
This format also may require greater communication time in advance (with stakeholders,
internal customers, etc) to gain consensus.
This format is inefficient for multiple changing negotiation issues, as it may take too long
to communicate concessions with decision makers.
Being the sole negotiator may put the buyer at a disadvantage if the supplier brings
multiple negotiators.
Mode 2– negotiating “by phone”
Many negotiations occur over the telephone, but it‘s important for the professional to remember
that things happen more quickly on the phone (than in person). Small talk is minimized, and
participants are more willing to take extreme positions. People are less inclined to take extreme
positions in person.
You lose 80 percent of the communication content (non-verbal) when speaking over the
phone.
Telephone negotiations make it very important to focus on everything said.
A poor connection (i.e., cell phone) may further complicate the clarity of communication. Be
ready to ask the other party to repeat themselves when they‘ve said something critical. It is also a
good idea to take notes, and confirm key discussion points via email to the other party.
Conference calls allow the other party to have advisors in room on mute, etc. You may
never know the other people are there.
Conference call services also allow the host to record the conversation, sometimes
without your knowledge.
If that is a concern, use your own conference service and be the host.
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Don‘t be caught by surprise by an unplanned phone call. Phone interaction allows the
supplier to call you without an appointment. If a supplier phones you without warning,
you may not be prepared to negotiate. I nstead, ask them if a later time would be
acceptable…and schedule a time that allows you to be prepared.
However, calling a supplier by surprise can work to your advantage. The person who
initiates the call is often at a distinct advantage. They have time to prepare, are not taken
off guard, can prepare a checklist, and can organize support data and materials. You can
also use the surprise to set the agenda and thus control the issues being discussed.
Don‘t multi-task while negotiating via phone!
Mode 3– negotiating “by email”
Email is frequently used today to negotiate pricing and key points. Complicating this is the
increased use of handheld communication devices such as Blackberrys and texting via cell
phones, in which case the communications ar e often truncated significantly.
Email negotiations may go even faster than those on the phone, because there is less
give and take. The medium also makes interaction more positional because the
parties are putting everything in writing. This means there is less ability to change your
position once the other party has seen your position in writing.
Email does allow exact details to be proposed and received with a good amount of
certainty.
Email allows the negotiator to bypass gatekeepers and allow you to interact directly
with a decision maker.
Email encourages prompt and direct response, and can be utilized 24/7.
Some people get in trouble because they answer too quickly via email. This is especially
true in the new texting universe. Don‘t reply without thinking.
An opponent who chooses to use email can be a clue that they‘re not comfortable
negotiating in person. They may also be escalating points to a senior decision maker
before replying.
Even more so than in phone negotiations, emails lose the advantage of both body
language and auditory clues.
You may technically have a legally-binding contract if you agree to something the
other party offers in an email. That‘s because a court can interpret a contract being
formed by a written offer and acceptance.
If things aren‘t going well in an email exchange, pick up the phone to speak directly with
the other party. Contentious subjects or complex elements are much-better handled in
person.
And lastly, always be aware that email communications may not be kept confidential
(forwarding, etc).
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Approaches to negotiating
1. Adversary or partner?
The two basically different approaches to negotiating will require different tactics. In
the distributive approach each negotiator is battling for the largest possible piece of the
pie, so it may be quite appropriate - within certain limits - to regard the other side more as
an adversary than a partner and to take a somewhat harder line. This would however be
less appropriate if the idea were to hammer out an arrangement that is in the best interest
of both sides. A good agreement is not one with maximum gain, but optimum gain. This
does not by any means suggest that we should give up our own advantage for nothing.
But a cooperative attitude will regularly pay dividends. What is gained is not at the
expense of the other, but with him.
2. Employing an advocate
A skilled negotiator may serve as an advocate for one party to the negotiation. The
advocate attempts to obtain the most favorable outcomes possible for that party. In this
process the negotiator attempts to determine the minimum outcome(s) the other party is
(or parties are) willing to accept, then adjusts their demands accordingly. A "successful"
negotiation in the advocacy approach is when the negotiator is able to obtain all or most
of the outcomes their party desires, but without driving the other party to permanently
break off negotiations, unless the best alternative to a negotiated agreement is acceptable.
Skilled negotiators may use a variety of tactics ranging from negotiation hypnosis, to a
straightforward presentation of demands or setting of preconditions, to more deceptive
approaches such as cherry picking. Intimidation and salami tactics may also play a part in
swaying the outcome of negotiations.
3. Another negotiation tactic is bad guy/good guy. Bad guy/good guy is when one
negotiator acts as a bad guy by using anger and threats. The other negotiator acts as a
good guy by being considerate and understanding. The good guy blames the bad guy for
all the difficulties while trying to get concessions and agreement from the opponent.
4. The Getting to YES approach
Getting to YES: Negotiating Agreement Without Givingis Ina best-selling 1981 non-
fiction book by Roger Fisher and William L. Ury. Reissued in 1991 with additional
authorship credit to Bruce Patton, the book made appearances for yearsBusiness on
Week s "Best Seller" list. The book suggests a method called "principled negotiation or
negotiation of merits." This method consists of four main steps: separating the people
from the problem; focusing on interests, not positions; generating a variety of
possibilities before deciding what to do; and insisting that the result be based on some
objective standard.
Page 33 MKU
4.3 Types of negotiation
Negotiation can take a wide variety of forms, from a trained negotiator acting on behalf of a
particular organization or position in a formal setting, to an informal negotiation between friends.
Negotiation can be contrasted with mediation , where a neutral third party listens to each side's
arguments and attempts to help craft an agreement between the parties. It can also be compared
with arbitration , which resembles a legal proceeding. In arbitration, both sides make an
argument as to the merits of their case and the arbitrator decides the outcome.
Negotiation theorists generally distinguish between two types of negotiation. These are:
1. Distributive negotiation
Distributive negotiation is also sometimes called positional or hard-bargaining negotiation.
The term distributive implies that there is a finite amount of the thing being distributed or
divided among the people involved. Sometimes this type of negotiation is referred to as the
distribution of a fixed pie. There is only so much to go around, but the proportion to be
distributed is variable. Distributive negotiation is also sometimes called win-lose because of the
assumption that one person's gain results in another person's loss. It tends to approach
negotiation on the model of haggling in a market. In a distributive negotiation, each side often
adopts an extreme position, knowing that it will not be accepted, and then employs a
combination of guile, bluffing, and brinksmanship in order to cede as little as possible before
reaching a deal. Distributive bar gainers conceive of negotiation as a process of distributing a
fixed amount of value.
A distributive negotiation often involves people who have never had a previous interactive
relationship, nor ar e they likely to do so again in the near future. Simple everyday examples
would be buying a car or a house. The distributive view of negotiation is the traditional fixed-pie
approach. That is, negotiators see the situation as a pie that they have to divide between them.
Each tries to get more of the pie and win. For example, managers may compete over shares of
a budget. If marketing gets a 10% increase in its budget, another department such as R&D will
need to decrease its budget by 10% to offset the marketing increase. Focusing on a fixed pie is a
common mistake in negotiation, because this view limits the creative solutions possible.
2. Integrative negotiation
Integrative negotiation is also sometimes called interest-based or principled negotiation . It is a
newer and more creative approach to negotiation. It is a set of techniques that attempts to
improve the quality and likelihood of negotiated agreement by providing an alternative to
traditional distributive negotiation techniques. The word integrative implies some cooperation.
The first step of the integrative approach is to enter the negotiation from a cooperative rather
than an adversarial stance. The second step is all about listening. Listening develops trust as each
party learns what the other wants and everyone involved arrives at a mutual understanding. Then,
all parties can explore ways to achieve the individual goals. The general idea is, If we put our
Page 34 MKU
heads together, we can find a solution that addresses everybody‘s needs. Integrative negotiation
often involves a higher degree of trust and the forming of a relationship. It can also involve
creative problem-solving that aims to achieve mutual gains. It is also sometimes called win-win
negotiation .
While distributive negotiation assumes there is a fixed amount of value (a fixed pie ) to be
divided between the parties, integrative negotiation often attempts to create value in the course of
the negotiation ( expand the pie ). It focuses on the underlying interests of the parties rather than
their arbitrar y starting positions, approaches negotiation as a shared problem rather than a
personalized battle, and insists upon adherence to objective, principled criteria as the basis for
agreement. In this approach, both parties look for ways to integrate their goals under a larger
umbrella. That is, they look for ways to expand the pie, so that each party gets more.
Unfortunately, integrative outcomes are not the norm. A summary of 32 experiments on

negotiations found that although they could have resulted in integrated outcomes, only 20% did
so. One key factor related to finding integrated solutions is the experience of the negotiators who
were able to reach them.
Conciliation
Conciliation refers to processes in which a negotiation is facilitated by third parties. They can be
chiefs, elders or witnesses. Although the conciliators sometimes advise on custom or make
suggestions they only facilitate the negotiation process and do not make binding decisions on the
parties. Conciliation often results in compromises thereby not producing clear winners and losers
(Farran & Paterson 2004: 237).
Advantages of conciliation lie in the possibility of win-win situations in which all claimants can
gain satisfaction of at least some of their interests and needs. If true reconciliation can be
achieved a permanent peaceful resolution of the underlying conflict is possible. In addition to
this, conciliation is almost always cheaper, quicker and less public than judicial determination.
White and Watson-Gegeo (1990: 29) highlight the multiple voices that are part of an interactive
dialogue in many customary dispute resolution processes. The processes are inclusive and allow
for input by many stakeholders.
When compared to third party determination of the dispute, parties to a conciliation process have
more input into and control over the process. On the other hand personal negotiating power may
influence the outcome in favor of one party. This can lead to agreements, which are repealed
later by the affected party or their relative and can lead to perceptions of bias and unfairness of
the system. Moreover since conciliation works on the basis of interests and not necessarily
(introduced) rights agreements, it can potentially be a breach of statutory law.
Page 35 MKU
4.4 Challenges of negotiation
There are technically no rules sur rounding the practice of negotiation. This means that
when you enter into a negotiation process there are no concrete uniform standards or
protections to ensure that the process will be fair, that it will be timely, etc. Therefore, it
is especially important to know your own personal strengths and weaknesses, as well as
those of the person with whom you are negotiating.
When there is little trust between the negotiators, making concessions is not easy. First,
there is the dilemma of honesty On one hand, telling the other party ever ything about your
situation may give that person an opportunity to take advantage of you. However, not
telling the other person anything may lead to a stalemate. The dilemma of trust concerns
how much you should believe of what the other party tells you. If you believe everything
this person says, then he or she could take advantage of you. But if you believe nothing
this other person says, then reaching an agreement will be very difficult. The search for
an optimal solution is greatly aided if parties trust each other and believe that they are
being treated honestly and fairly.
In many cases, the negotiators' relationship becomes entangled with the substantive
issues under discussion . Any misunderstanding that arises between them will reinforce
their prejudices and arouse their emotions. When conflict escalates, negotiations may
take on an atmosphere of anger, frustration, distrust, and hostility. If parties believe that
the fulfillment of their basic needs is threatened, they may begin to blame each other and
may break off communication. As the issue becomes more personalized, perceived
differences are magnified and cooperation becomes unlikely. If each side gets locked into
its initial position and attempts to force the other side to comply with various demands,
this hostility may prevent negotiators from reaching agreement or making headway
toward a settlement. In addition, parties may maintain their commitment to a course of
action even when that commitment constitutes irrational behavior on their part. Once they
have adopted a confrontational approach, negotiators may seek confirming evidence for
that choice and ignore contradictor y evidence. In an effort to save face, they may refuse
to go back on previous commitments or to revise their position.
To combat perceptual bias and hostility, negotiators should attempt to gain a better
understanding of the other party's perspective and try to see the situation as the other side
sees it. In some cases, parties can discuss each other's perceptions, making a point to
refrain from blaming the other. In addition, they can look for opportunities to act in a
manner that is inconsistent with the other side's perceptions. Such de-escalating gestures
can help to combat the negative stereotypes that may interfere with fruitful negotiations.
In ideal circumstances, negotiators also establish personal relationships that facilitate
effective communication. This helps negotiators to focus on commonalities and find
points of common interest.
Page 36 MKU
Finally, if the "right" people are not involved in negotiations, the process is not likely to
succeed. First, all of the interested and affected parties must be represented. Second,
negotiators must truly r epresent and have the tr ust of those they are representing. If a
party is left out of the process, they may become angry and argue that their interests have
not been taken into account. Agreements can be successfully implemented only if the
relevant parties and interests have been represented in the negotiations, in part because
parties who participate in the negotiation process have a greater stake in the outcome.
Similarly, if constituents do not recognize a negotiator as their legitimate representative,
they may try to block implementation of the agreement. Negotiators must therefore be
sure to consult with their constituents and to ensure that they adequately deal with
constituents' concerns.
Other challenges of negotiations include:
Die hard bargainers.

Lack of trust.
Informational vacuums and negotiator 's dilemma.
Structural impediments.
Spoilers.
Cultural and gender differences.
Communication problems.
The power of dialogue.
Review questions
i. Define negotiation
ii. Describe the various modes of negotiation
iii. Draw a distinction between distributive and integrative negotiation
iv. What are some of the challenges faced in negotiation?
Page 37 MKU
v. Explain the importance of non-verbal communication in negotiation process

Kinicki, A. and Kreitner, R. Organizational Behavior: Key Concepts, Skills and Best
Practices , McGraw-Hill, New York, 2009
Thompson, L. (1990). Negotiation behavior and outcomes: Empirical evidence and
theoretical issues. Psychological Bulletin , 108 , 515–532.
Roy J. Lewicki, David M. Saunders and John W. Minton, Negotiation, 3 rd Edition (San
Francisco: Irwin McGraw-Hill, 1999), 5.
Machira, A. (2008). Working for Peace: New Thinking for Peace-building

. Nairobi;
Acme Press.
CHAPTER FIVE: ARBITRATION AND RECONCILIATION
Learning objectives
i. Define arbitration
ii. Define reconciliation
iii. Explain the types of arbitration
iv. Explain the types of reconciliation
v. Discuss the challenges of arbitration Page 38 MKU
vi. Discuss the challenges of reconciliation
5.1 Meaning of arbitration:
The reference of a dispute or difference between 2 or more parties for determination to a
person or persons acting judicially and validly appointed
It involves a third party with the authority to decide on an outcome to the conflict between the
parties. It is an age-old method of settling civil disputes. Its distinguishing characteristic is that it
is a private and consensual process. Parties to the dispute agree to present their grievances to a
third party for resolution. The third party chosen should be knowledgeable in the subject matter
and must also be impartial. He is to render judgment in accordance with the merits of the case
only and should not be influenced in any way by extraneous matters.
It is the arbitrator who makes the final decision. The arbitrator is a neutral third party, but the
decision made by the arbitrator is final (the decision is called the award ). Awards are made in
writing and are binding to the parties involved in the case.
It is a technique for the resolution of disputes outside the courts, where the parties to a dispute
refer it to one or more persons (the "arbitrators", "arbiters" or "arbital tribunal ), by whose
decision (the "award ) they agree to be bound. It is a resolution technique in which a third party
reviews the evidence in the case and imposes a decision that is legally binding for both sides and
enforceable. Arbitration is often used for the r esolution of commercial disputes. The use of
arbitration is also frequently employed in consumer and employment matters, where arbitration
may be mandated by the terms of employment or commercial contracts.
Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose

decision the parties to the dispute have agreed, or legislation has decreed, will be final and
binding. There are limited rights of r eview and appeal of arbitration awards.
5.2 Types of arbitration

Arbitration can be either binding or non-binding .
1. Non-binding arbitration is a process which is conducted as if it were a conventional

arbitration, except that the award issued by the tribunal is not binding on the parties, and
they retain their rights to bring a claim before the courts or other arbitration tribunal; the
award is in the form of an independent assessment of the merits of the case, designated to
facilitate an out-of-court settlement. State law may automatically make a non-binding
arbitration binding, if, for example, the non-binding arbitration is court-ordered, and no
party requests a trialde novo(as if the arbitration had not been held). It is similar to
Page 39 MKU
mediation in that a decision cannot be imposed on the parties. However, the principal
distinction is that whereas a mediator will try to help the parties find a middle ground on
which to compromise, the (non-binding) arbitrator remains totally removed from the
settlement process and will only give a determination of liability and, if appropriate, an
indication of the quantum of damages payable.
2. Binding Arbitration is a form of arbitration where the decision by the arbitrator is legally
binding and enforceable, similar to a court order. It is a more direct substitute for the
formal process of a court. Binding Arbitration is typically conducted in front of one or
three arbitrators. The process is much like a mini trial with rules of evidence, etc.
Arbitration typically proceeds faster than court and typically at a lower cost. The Arbiter
makes the ultimate decision rather than the parties. Arbiters' decisions are typically final
and appeals are rarely successful even if the decision appears to one party to be
completely unreasonable
As methods of dispute resolution, arbitration procedure can be varied to suit the needs of the
parties. Certain specific "types" of arbitration procedure have developed, particularly in North
America.
Binding Arbitration
Non-Binding Arbitration
Judicial Arbitration is, usually, not arbitration at all, but merely a court process which
refers to itself as arbitration, such as small claims arbitration before the County Courts in
the United Kingdom.
High-Low Arbitration , or Bracketed Arbitration , is an arbitration wherein the parties to

the dispute agree in advance the limits within which the arbitral tribunal must render its
award. It is only generally useful where liability is not in dispute, and the only issue
between the parties is the amount of compensation. If the award is lower than the agreed
minimum, then the defendant only need pay the lower limit; if the award is higher than
the agreed maximum, the claimant will receive the upper limit. If the award falls within
the agreed range, then the parties are bound by the actual award amount. Practice varies
as to whether the figures may or may not be revealed to the tribunal, or whether the
tribunal is even advised of the parties' agreement.
Pendulum Arbitration refers to a determination in industrial disputes where an arbitrator

has to resolve a claim between a trade union and management by making a determination
of which of the two sides has the more reasonable position. The arbitrator must choose
only between the two options, and cannot split the difference or select an alternative
position. It was initiated in Chile in 1979.
Page 40 MKU
This form of arbitration is also known as Baseball Arbitration . It takes its name
from a practice which arose in relation to salary arbitration in Major League
Baseball.
Night Baseball Arbitration is a variation of baseball arbitration where the figures

are not revealed to the arbitration tribunal. The arbitrator will determinate the
quantum of the claim in the usual way, and the parties agree to accept and be
bound by the figure which is closest to the tribunal's award.
Arbitration can also be either voluntaryor mandatory (although mandatory arbitration can only
come from a statute or from a contract that is voluntarily entered into, where the parties agree to
hold all existing or future disputes to arbitration, without necessarily knowing, specifically, what
disputes will ever occur).
5.3 Challenges of arbitration

Some of the challenges of arbitration include:
arbitration may become highly complex

arbitration may be subject to pressures f rom powerful law firms representing the stronger
and wealthier party
arbitration agreements are sometimes contained in ancillary agreements, or in small print
in other agreements, and consumers and employees often do not know in advance that
they have agreed to mandatory binding pre-dispute arbitration by purchasing a product or
taking a job
if the arbitration is mandatory and binding, the parties waive their rights to access the
courts and to have a judge or jury decide the case
in some arbitration agreements, the parties are required to pay for the arbitrators, which
adds an additional layer of legal cost that can be prohibitive, especially in small consumer
disputes
in some arbitration agreements and systems, the recovery of attorneys' fees is
unavailable, making it difficult or impossible for consumers or employees to get legal
representation. However, most arbitration codes and agreements provide for the same
relief that could be granted in court
if the arbitrator or the arbitration forum depends on the corporation for repeat business,
there may be an inherent incentive to rule against the consumer or employee
there are ver y limited avenues for appeal, which means that an erroneous decision cannot
be easily overturned
although usually thought to be speedier, when there are multiple arbitrators on the panel,
juggling their schedules for hearing dates in long cases can lead to delays
Page 41 MKU
in some legal systems, arbitral awards have fewer enforcement options than judgments;
although in the United States arbitration awards are enforced in the same manner as court
judgments and have the same effect
arbitrators are generally unable to enforce interlocutory measures against a party, making
it easier for a party to take steps to avoid enfor cement of member or a small group of
members in arbitration due to increasing legal fees, without explaining to the members
the adverse consequences of an unfavorable ruling
rule of applicable law is not necessarily binding on the arbitrators, although they cannot
disregard the law
discovery may be more limited in arbitration or entirely nonexistent
the potential to generate billings by attorneys may be less than pursuing the dispute
through trial
unlike court judgments, arbitration awards themselves are not directly enforceable. A
party seeking to enforce an arbitration award must resort to judicial remedies, called an
action to "confirm" an award
although grounds for attacking an arbitration award in court are limited, efforts to
confirm the award can be fiercely fought[citation needed], thus necessitating huge legal
expenses that negate the perceived economic incentive to arbitrate the dispute in the first
place.
Arbitrability
By their nature, the subject matter of some disputes is not capable of arbitration. In general, two
groups of legal procedures cannot be subjected to arbitration:
Procedures which necessarily lead to a determination which the parties to the dispute may
not enter into an agreement upon: Some court procedures lead to judgments which bind
all members of the general public, or public authorities in their capacity as such, or third
parties, or which are being conducted in the public interest. For example, until the 1980s,
antitrust matters were not arbitrable in the United States. Matters relating to crimes, status
and family law ar e gener ally not considered to be arbitrable, as the power of the parties to
enter into an agreement upon these matters is at least restricted. However, most other
disputes that involve private rights between two parties can be resolved using arbitration.
In some disputes, parts of claims may be arbitrable and other parts not. For example, in a
dispute over patent inf ringement, a determination of whether a patent has been infringed
could be adjudicated upon by an arbitration tribunal, but the validity of a patent could
not: As patents are subject to a system of public registr ation, an arbitral panel would have
no power to order the r elevant body to rectif y any patent registration based upon its
determination.
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Some legal orders exclude or restrict the possibility of arbitration for reasons of the
protection of weaker members of the public, e.g. consumers.
Examples : German law
excludes disputes over the rental of living space from any form of arbitration. While
arbitration agreements with consumers are only considered valid if they are signed by
either party, and if the signed document does not bear any other content than the
arbitration agreement.
5.4 Definition of reconciliation:

It is the process through which a society moves from a divided past to a shared future,
thus redesigning broken relationships.
It is renewal and restoration of friendship after estrangement
It is about restoring the right relationship between people who have been enemies.
It is the painful part in dialogue with the present and the unfolding future. It is a long-term
process and it cannot be initiated from outside but must be owned by the people who are seeking
to be reconciled. Offenders are more open to reconciliation process than victims. Every
reconciliation process is unique because the cultural-related context is always different.
5.5 Types of reconciliation

Different ef forts for reconciliation mainly involve truth acknowledgment, reparations, retributive
justice, apology, and forgiveness
Truth Acknowledgement and Truth Commissions
According to the survey of Priscilla Hayner, there were 21 truth commissions in the period from
1970s to early 2001. Most of them were established in Africa and Latin America. Among them,
some truth commissions were established when the conflict were still going on such as those in
Nepal and Sri Lanka. In terms of size, impacts, and functions, major truth commissions were all
in Latin America and Africa.
Establishing truth commissions is a very popular reconciliation effort, for it aims to meet the
public demand for truth telling from the victims. In this aspect, truth commissions could
contribute to conflict transformation by creating spaces where people feel safe and can honestly
talk about their fears and hopes, hurts and responsibilities. A truth commission, if carefully
designed and properly mandated, can have considerable psychological impact, not only on the
victims and perpetrators at the personal level, but in the structural dimension as well. As
archbishop Desmond Tutu argues, a truth commission was probably the most appropriate
mechanism to reconcile the people in South Africa and, more importantly, to transform the
country given its specific political and social circumstances.
People very often place excessively high expectations for the outcomes that a truth commission
can deliver. Time and again, victims may expect a truth commission to dispense justice and
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make reparations in addition to simply seeking and making public the truth. As a result, those
expectations are not generally met, because the mandates and performance of truth commissions
very much depend on other factors such as political will of the government, social environment,
the remnant power of wrongdoers, and levels of economic development. If people grow
frustrated and disappointed with truth commissions, they may lose their trust in the overall
reconciliation process. It is, therefore, necessary to combine a truth commission with other
reconciliation efforts including reparation and restorative justice, among others.
Reparation
Although most cases of reparation and restitution take place after a conflict ends, restitution can
still function in a conflict situation by, as Barkan argues, providing a dialogue that focuses on
mutual recognition of identity and perceived histories. Lederach rightly observes that a central
challenge for transformation is to 'encourage people to address and articulate a positive sense of
identity in relationship to others.' Reparation and restitution, therefore, can open up the
possibility of using dialogues on restitution as an alternative to conflict. In Barkan's words,
restitution may become a force in resolving conflicts and promote reconciliation.
Retributive Justice: Trials or Amnesty
In the popular sentiment, retributive justice is probably the most common response to injustices
and wrongdoings. The propensity for retributive justice since time immemorial is also reinforced
by the liberal human rights tradition that dates back to as early as the Enlightenment. Based on
several central concepts of desert, the rule of law, human rights, and democracy, advocates of the
liberal human rights tradition 'place a premium on the punishment of perpetrators and the
vindications of victims in response to large scale crimes against humanity, war crimes, and other
human rights violations.'
Since retributive justice mostly focuses on the past wrongdoings of individual perpetrators, it is
not mainly concerned with either relational context of the conflict or the forward-looking goal of
conflict transformation, except perhaps for its marginal deterrence effect. As political scientists
Jack Snyder and Leslie Vinjamuri argue, the motivation to achieve retributive justice through
trials and tribunals may backfire in terms of building the rule of law and democracy. They
maintain that historical evidence suggests well designed amnesty may prove more effective in
promoting the rule of law, at least in the transitional period.Retributive justice, therefore, should
be carefully pursued, in combination with restorative justice and other reconciliation efforts, to
enhance its contribution to conflict transformation.
Apology and Forgiveness
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Apology and forgiveness can occur at the private level only or may also af fect the interpersonal
relationship. As Barkan and Karn observes, apology can help 'bridge the victim's need for
acknowledgment and the perpetrator's desire to reclaim humanity. 'The same function can be said
of forgiveness, which may be defined not only as a form of acknowledgment but also an
obligation toward the repentant offender. Conceived as such, both apology and forgiveness may
contribute to restoring the relationship between perpetrators and victims that were served
because of injustices and injuries inflicted by the conflict. The causal mechanism involved is that
they helps define the past in a mutually agreed-upon manner between the victims and the
perpetrators, thus shaping the identities of both through a process called re-negotiating histor y. It
should be noted here that mutually redefining the past, re-negotiating the history, and shaping
each side's identity by both sides are crucial to any attempts to address the 'root causes' of social
conflict.
Conditions and sequencing of reconciliation processes
Reconciliation, as much as peace, is not a static outcome but rather "a set of dynamic processes
embedded in the real-life context of people‘s lives and relationships, perceptions, hopes, and
fears." It is likely to be gradual and progr essive, but also not linear, but rather cyclical and
iterative. Given both the complexity of these processes and the volatility of post-conflict context,
"time management in processing reconciliation is an extremely important, but difficult,
dimension in the search for a shared futur e. Policies must not come too soon or too late and
questions and challenges abound..."
How to plan a reconciliation policy and sequence the steps in the various dimensions of the
process is probably one of the most challenging issues. At times, it may also feel contradictory to
the vision of reconciliation, given its broad and complex nature, encompassing so many different
dynamics and all at once. Yet, in different 'models,' scholars and practitioners have tried to
conceive progressions and even pre-requisites.
For instance, in their handbook on reconciliation, David Bloomfield, Teresa Barnes and Luc
Huyse have suggested three major steps:
Replacing fear by nonviolent coexistence;

Building confidence and trust when fear no longer rules;
Towards empathy.
In his model, Vern Neufeld Redekop, identifies a number of 'pre-requisites':
1. "Vision and mandate: either one of the parties or a third party has a vision and desire for
reconciliation and obtains a mandate to work to that end."
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2. "Safety : the safety of the parties needs to be assured. This means that overt violence must be
halted. Sometimes a legal framework needs to be in place to assure the safety of potential
victims. Safety also means that the parties do not intimidate each other." The idea that the
environment must be safe is emphasized by most scholars and practitioners as a key condition
for people to start talking about what happened. In the case of Rwanda, where over 20,000
village tribunals (called gacaca ), involved the entire population through mandatory participation,
the issue of public testimony was carried to an extreme. Indeed, in this process, testifying
witnesses have been surrounded by the neighbors and families of the accused as entire villages
gather to hear the proceedings. Research on this experience suggests the centrality of the security
dimension: "If security is threatened, this may lead to a number of outcomes: physical injury,
psychological anxiety and ill-health, an increase in violence in order to silence the truth, acts of
revenge from either group, or skewed testimonies leading to a distorted picture of the past which
may lay grounds for renewed conflict." Practitioners have also suggested that people need "to
feel an adequate level of control over the process, when they escape the powerlessness imposed
by violence." This requires that not only a minimum of physical security is ensured in the society
but that specific safe spaces for reconciliation are created.
3. "Immediate survival needs : reconciliation processes can be demanding both cognitively and
emotionally. Hence, it is important that parties are assured of having their immediate physical
and emotional needs sufficiently met to function through the process." This means that, in
addition to concrete physical support to include food and shelter, psychological security must
also increase. Reconciliation can provide this, but the beginning of healing would also enhance
the possibility of reconciliation.
Specific forms of reconciliation
1. Social reconciliation
Reconciliation is sometimes qualified as a 'societal process' to reflect the fact that it is a

collective effort concerning a society as a whole. In the same spirit, the expression 'social
reconciliation' is generally used to refer to the spectrum of processes, initiatives and activities
that concern different groups in conflict in the society, or particularly mobilize the local civil
society. The expression is also sometimes used to contrast that process with political
reconciliation. It may help put an emphasis on the fact that the process then "includes
ordinary members of society, those who benefited or got victimized as part of the logic, the
outcome, of an ongoing system, regardless of agency; the embrace of social reconciliation
includes the vast majority, in a word, beneficiaries and victims."
2. Political reconciliation
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'Political reconciliation' is used by some academics in contrast to 'social reconciliation' as a
process "limited to the political elite, to political activists on this side and to state agents on
the other side; its embrace is limited to a minority." However, this elite-centered
understanding of political reconciliation is not necessarily shared by all academics. Political
reconciliation processes generally need to happen at all levels of the society. There is often
dissonance at the local level, for instance, between traditional authorities and newly elected
leaders. In the context of electoral processes, pacted negotiations may be used to settle
electoral disputes; similar arrangements may be needed when drafting or revising
constitutions, in particular with regards to the structures of government.
All those elements may form part of political reconciliation and require that a certain number
of processes be initiated in the political space. As the scholar Andrew Schapp suggests:
"Political reconciliation is initiated not by invoking an ideal image of community that should
be restored, but by conceiving the present as the moment from which a future community
might understand itself to have originated. As such, political reconciliation is impelled by an
anticipated remembrance that becomes available by constituting a space for politics within
which conflicting memories and expectations can be brought to bear on each other."
3. National versus State Reconciliation
Definitional distinctions are also sometimes made between 'state' and 'national'
reconciliation. Holly Ackerman, a scholar, suggests the following distinction:National
reconciliation is "a process of accommodation and reintegration by a previously divided,
unique people ." State reconciliation is "a process of accommodation and reintegration by a
government." She also suggests a distinction between the notions of 'reconciliation' and
'transition,' commonly used in political studies, in particular in reference to democratic
processes. "In general, reconciliation is a more protected process than transition. It is
frequently associated with individual transformation and local action as well as institutional,
collective processes."
Main components of reconciliation:

Different analysts have emphasized the following dimensions of reconciliation: shared truths,
justice, regard and security, although they have defined these terms differently. Scholar and
practitioner John Paul Lederach , himself used the terms truth (comprising acknowledgement,
transparency, revelation, clarity), justice (equality, right relationships, making things rights,
restitution), mercy (acceptance, forgiveness, support, compassion, healing) and peace (harmony,
unity, well-being, security, respect).
These four dimensions can be defined as follows:
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1. Truth
According to Louis Kriesberg, an academic who has written extensively on the subject, "many
[...] regard truthas an important dimension of reconciliation since members of antagonistic sides
tend to deny what members of the other side experience and believe to be 4 true." Many
academics and practitioners also phrase this component in terms of ' mutual acknowledgement'
of past suffering, something that does not equate with apology (or 'regrets,' 'remorse' or
'repentance,' that many consider as a condition for forgiveness) but can be really effective in
(re)defining the bases of relationships in the society.
2. Justice
The second major dimension is justice , in its manifold meanings. "Many persons who have
suffered oppression and atrocities in the course of a destructive struggle seek redress for what
they endured." Among other things, this requires "sincere effort to redress past grievances that
caused the conflict and compensate the damage caused to the extent possible;" in other words,
actual reparation for past injustices. However, most (in particular among practitioners) would
stress the fact that reconciliation should not be used as a substitute for justice . For instance,
the International Center for Transitional Justice notes: "There cannot be significant inequities in
the distribution of the burdens that reconciliation inevitably entails. It cannot involve transferring
responsibilities from perpetrators to victims." This non-governmental organization, which is
deeply involved in transitional justice programs, adds another important element: "Reconciliation
efforts should not focus unduly on wiping the slate clean." This is closely related to the issue of
the responsibility of the state but also of the society at large. More fundamentally, it highlights
the key tension (and also ambiguity) expressed by many practitioner s who would perceive justice
as 'remembering' and 'reconciliation' as forgetting.
3. Regard
According to Louis Kriesberg, the third dimension in reconciliation "incorporates expressions of

regard by members of each community toward the other. This includes according respect to the
people of the community that has suffered mass crimes, by members of the community to which
the perpetrators belong. It also includes expressions, by those who have suffer ed harms, which
acknowledge the humanity of those who inflected the injuries." The notion of regard is
sometimes replaced or associated with the expression 'mutual of acceptance'which would
include "positive attitudes, but also positive actions to support them, as circumstances allow and
require." Some also use the word 'respect .' Many practitioners and policy makers alike
emphasize the importance of going one step further: "towards rebuilding mutual trust(or
promoting it when it has never existed)."
4.Security
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"Security is the fourth dimension of reconciliation, in the sense of personal or collective safety
and well-being. Security exists as the adversaries have reason to believe that they can look
forward to living together without one side threatening the other, perhaps even in harmony and
unity."
It is important to note that these four dimensions-- shared truths, justice, regard and security--are
interdependent . "Thus, if many members of one community acknowledge that their acts have
injured another community, forgiveness or at least acceptance of their humanity is easier to be
felt and openly expressed by the injured party. Members of a group who feel safe are more likely
to acknowledge truth of past misdeeds."
Main national and local reconciliation initiatives
A large spectrum of activities is organized at the national and local level to support reconciliation
processes. They are intimately related and should be seen as complementary to one another.
Most practitioners and scholars have stressed, for instance, the risk of initiatives that would be
too 'elitist' and the importance of involving local groups. "Solutions that involve only military
leaders or state officials will likely be fragile, while a sense of local ownership in peace-building
can influence reluctant military leaders to contribute in constructive manner. Academics and
practitioners also stress the fact that reconciliation, a traditional focus of peace-building and
trauma healing activities, needs to be meaningful at the grassroots level to enable communities to
work together and achieve development goals more effectively.
The main types of activities undertaken at the national and local level are:
National dialogues and national reconciliation plans;

Symbolic political gestur es and acts of reconciliation;
Truth and Reconciliation Commissions;
Training, networking and other supporting activities;
Community level initiatives;
Activities targeting specific professions and groups of population;
Arts and sports for reconciliation.
5.6 Challenges of reconciliation

1. Fear of taking risk: the key to healthy relationships is risk-taking. Information about self
is shared and received with little anxiety. Promises are made and accepted with little
second thought. No guarantees are demanded that information or promises be handled
responsibly; parties assume this. Risk is continually present. If expectations are met, each
risk results in higher trust.
2. Prospects of injury : In all relationships, expectations are not met at some point. A risk is
taken and instead of a good outcome and higher trust, injury results.
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3. Withdrawal :Withdrawal follows injury. Sometimes people withdraw physically. They
turn their back, leave the room and avoid each other. Even when withdrawal is not
physical, emotional withdrawal always takes place. People pull back into themselves to
assess the situation. Withdrawal is a necessary and a healthy response to injury in that it
helps the parties to determine a new step.
4. At the most basic level, reconciliation is all about individuals. It cannot be forced on
people. They have to decide on their own whether to forgive and reconcile with their one-
time adversaries.
5. Resolution Isn't Cozy
Even though reconciliation mostly involves people talking to each other, it is not easy to
achieve. Rather it is among the most difficult things people are ever called on to do
emotionally. Victims have to forgive oppressors. The perpetrators of crimes against
humanity have to admit their guilt and, with it, their arrogance.
6. In truth commissions, telling one's story and hearing details of loved ones' fates are
sometimes beneficial, but for other victims, these experiences have quite different effects,
bringing back old anger and triggering post-traumatic stress.
7. Despite positive potential, truth commissions have sometimes served merely as a means
of legitimizing new governments. The 1986 Ugandan commission and the case of Chad
are emblematic of truth commissions being used mainly as a tool to discredit the previous
regime. In other cases, such as Uganda's 1974 commission, it seemed not to be a sincere
attempt to rectify the past, but rather a flimsy effort to placate international pressure.
Furthermore, in places such as Zimbabwe and Haiti, the publication of the commission's
report was hindered or completely stopped because it was too critical of the new
government. In Bolivia and Ecuador, commissions were disbanded before completing
their work because the investigations became too politically sensitive. Clearly, the
commissions cannot be solely blamed for this -- the political will to act on their findings
did not exist.
8. The ability of a truth commission's findings to soothe negative feelings is mixed. A
survey conducted in South Africa revealed that two-thirds of the respondents felt the truth
commission process had harmed race relations and made people angrier.
Review questions
i. What is arbitration?
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ii. What is reconciliation?
iii. Explain the types of arbitration
iv. Explain the types of reconciliation
v. What are some of the challenges of arbitration?
vi. What are some of the challenges of reconciliation?
Charles Hauss, "Reconciliation." Beyond Intractability, eds. Guy Burgess and Heidi Burgess
(Boulder, CO: University of Colorado Conflict Research Consortium, September 2003);
"Reconciliation," International Center for Transitional Justice.
CHAPTER SIX: NEGOTIATION, MEDIATION AND ADVOCACY BETWEEN

GROUPS
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Learning objectives
i. Explain social policy

ii. Explain advocacy
iii. Discuss coalition building
iv. Understand conflict in multicultural/pluralistic society
v. Discuss identity-based conflict
6.1 Advocacy
Advocacy is a political process by an individual or group which aims to influence public-policy
and resource allocation decisions within political, economic, and social systems and institutions.
Advocacy may be motivated from moral, ethical or faith principles or simply a desire to protect
an asset of interest. Advocacy can include many activities that a person or organization
undertakes including media campaigns, public speaking, commissioning and publishing research
or polls or the filing of an amicus brief. Lobbying (often by lobby groups) is a form of advocacy
where a direct approach is made to legislators on an issue which plays a significant role in
modern politics. Research is beginning to explore how advocacy groups use social media to
facilitate civic engagement and collective action.
Advocacy belongs to the family of conflict resolution. Conflict can be resolved using two parties
or three parties depending on whether a model for mediation, conciliation, negotiation or
advocacy is used. Advocacy means to advocate for or defend how you f eel about something by
advancing a certain viewpoint.
An advocacy group is an organization that attempts to influence public policy without putting up
candidates for election (as political parties do). Advocacy groups exist along a spectrum that runs
from broadly ideological to extremely issue-specific. An example of a fairly broad ideological
advocacy group would be the Canadian Taxpayers Federation, whereas a group such as the Pro-
Choice Action Network is largely single-issue. Advocacy groups are quite similar to lobby
groups, though they do not engage in direct lobbying of governments (which requires registration
as a lobby organization). Instead, advocacy groups pursue their respective causes through a
variety of indirect means. Advocacy groups generally speak on behalf of a particular
constituency in society, attempting to advance the special interests of that constituency
accordingly.
Policy Advocacy
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Definition:
"The means by which oppressive systems, policies, and laws that negatively affect
labeled groups are challenged and changed"
advocacy tactics, strategies and initiatives which target changes to policies and
legislation. These advocacy initiatives seek to establish new policies, improve existing
policies or challenge the development of policies that diminish resources and
opportunities for vulnerable groups of people such as children and youth.
Policy generally refers to'social' policy. Policy advocacy usually seeks to engage various
sectors of the government which includes: public servants, bureaucrats, political appointees,
elected officials and legislators.
6.2 Social Policy: Effecting positive change
A policy is typically described as a principle or (set of) rules to guide decisions and achieve
rational and predictable outcome(s). Policies are generally adopted by government bodies and
parliaments, or the board of or governance body within an organization or companies.
Social policy primarily refers to guidelines, principles, legislation and activities that affect the
living conditions conducive to human welfare. The Malcolm Wiener Center for Social Policy at
Harvard University describes it as "public policy and practice in the areas of health care, human
services, criminal justice, inequality, education, and labor."
Social policy often deals with wicked problems. It aims to improve human welfare and to meet
human needs for education, health, housing and social security. Important areas of social policy
are the welfare state, social security, unemployment insurance, environmental policy, pensions,
health care, social housing, social care, child protection, social exclusion, education policy, crime
and criminal justice.
The term 'social policy' can also refer to policies which govern human behavior. Policies vary in
their appropriateness at different phases of conflict intractability. Six phases are particularly
significant:
conflict emergence,
conflict escalation,
failed peacemaking efforts,
institutionalization of destructive conflict,
de-escalation leading to transformation, and
termination of the intractable character of the conflict.
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These six phases are only loosely sequential, since some occur simultaneously and conflicts
often return to an earlier phase. For each setting, one can identify policies that
help prevent conflicts from becoming intractable;

help stop the prolongation and escalation of intractable conflicts, and
help transform and resolve intractable conflicts.
Internal policies : Policies that may help modify identities so as to reduce conflict intractability
may be conducted by a great variety of persons within each adversary camp, differing in rank
and in arena of activity.
Preventive Policies: All may be engaged in preventive policies, which help to prevent conflicts
from becoming intractable. Within all communities and countries, being peaceful and loving is
part of people's identities. Parents, schoolteachers, religious leaders, artists, entertainers, and
many others can foster those qualities in their children, students, congregants, and audiences.
Furthermore, school texts, films, and news reports can convey the humanity and perspectives of
groups with whom conflicts have occurr ed.
Interruptive Policies: The modified conceptions of themselves and of other groups and peoples
can support additional actions that reduce the likelihood of destructive conflicts arising. These
actions may be initiatives to reduce grievances felt by adversaries or reciprocations of peaceful
gestures by the other side. The growth of organized dissent from the uncompromising policies of
the dominant leadership is also helpful in interrupting intractable conflicts. Rival leadership
factions, middle-level leaders (e.g. community or organizational leaders), or grass roots
organizations may undertake dissent, as sometimes occurs in peace movement mobilizations.
The dissenters may appeal to aspects of the prevailing identity that pertain to relations within the
group rather than antagonisms with outsiders.
Transformational Policies: Many other internal policies are relevant for the fundamental
transformation of an intractable conflict. One approach is acting to change the ideologies and
belief systems that sustain the conflict. For example, in 1986, the gener al synod of the Dutch
Reformed Church, the major church of the Afrikaners of South Africa, resolved that the forced
separation of peoples could not be considered a biblical imperative. The removal of religious
support for apartheid contributed greatly to the negotiated end of the entire apartheid system in
South Africa.
Relations Between Adversaries
How adversaries interact with each other is particularly important in transforming collective
identities and conceptions each adversary has about itself and about the other. Neither side in a
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conflict is hapless. Policies may be undertaken by either side to foster joint actions that prevent,
interrupt, and transform intractable conflicts.
Preventive Policies:Many policies can help prevent intractable conflicts from emerging and
becoming entrenched. For example, if one side is forthcoming about providing compensatory
benefits for past injustices or providing assurances that past injustices will end, the other side
tends to pursue limited and non-vindictive goals. There is a risk, however, that the
compensations and assurances will be seen as signs of weakness, and the goals raised higher.
Attribution theor y suggests another possibility. It holds that people tend to believe that members
of their own group are good by nature, while members of another group act well only due to their
circumstances. It follows that if those others have done some good deed, it is only because they
were forced to do so and more coercion will yield even greater benefits. Negotiating shared
understandings about conciliatory moves can help reduce such misunderstandings.
The way each adversary resists oppression and injustice in turn affects that group's self-identity
and conception of the other. For example, in the case of African-Americans and European-
Americans in the 1950s and early 1960s, the nonviolent way the civil rights struggle was waged
and the way the country as a whole responded affected both parties: it helped change the
collective identities of both African and European Americans, increasing the civic character of
American identity rather than its ethnic character. Furthermore, American identity went from
being characterized as a melting pot within which "foreign" elements assimilated to an enduring
multi-cultural society.
Interruptive Policies:Many other policies help interrupt or stop destructive escalation. These
are policies that regulate strife and/or provide assurances that the vital interests of the other side
will not be attacked. In many ways, the Cold War between the United States and the Soviet
Union became managed to limit the threat each posed the other. The arms control agreements
helped channel and manage the arms race. The Helsinki Accords, signed in 1975, assured the
Soviet Union that the borders established in Europe after World War II were inviolable,
including the shift of Soviet borders westward and the division of Germany. Thus assured, the
Soviet Union eased the barriers to Western influence.
Transformative Policies : Adversaries can act in ways that help transform the intractable conflict
between them, by contributing to a fundamental transformation of one or both opponents. For
example, during the Cold War, cultural, educational, and other social exchanges between the
United States and the Soviet Union were conducted at official and non-official levels. They
contributed to changes in the way many members of the Soviet elites saw themselves and viewed
Americans, and people on each side developed new perceptions of the other side. The changes in
both identities and conceptions contributed to a tr ansformation in the Soviet Union and the end
of the Cold War.
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Other confidence-building measures between adversaries include agreements to inform each
other of military maneuvers and establish mechanisms to be more transparent about actions that
otherwise might seem threatening. Confidence-building measures tend to reduce denigrating
views of the other side and reduce the inclination to characterize oneself in terms of opposition to
the other side.
Reconciliatory actions are incr easingly common in order to achieve peace. They may not only
promote regard for the other side, but also transform the identity of those undertaking the
actions. Taking such actions reduces the likelihood of holding onto sentiments that people
sharing one's collective identity are superior to other peoples and more wholly human. Certainly,
such reconciliatory actions reduce the grievances of those who previously suffered the indignities
of low regard, increasing the likelihood of ending an intractable conflict.
Finally, the adversaries can pursue polices that support shared overarching identities. Thus, new
institutional arrangements can better highlight broad identities, such as being European. In
addition, an old identity may be modified to be more inclusive, as occurred in South Africa with
its political transformation and as is occurring in the United States as its multicultural character
is increasingly str essed.
Social Context
Actors who are not members of the adversarial camps can carr y out policies that help to prevent,
interrupt, and end intractable conflicts; only a few strategies are briefly noted here.
Preventive Policies:Official and nonofficial agencies may help alleviate deteriorating living
conditions that otherwise might exacerbate ethnic antagonisms and ignite fights that become
intractable. This may include alerting people inside and outside the areas affected about the risks
of pursuing conflicts destructively, further imperiling lives.
Outside actors can also foster norms and institutions that help develop nondestructive ways of
handling the inevitable disputes of social life. A wide variety of organizations engage in training
and consultations to support such methods. Indeed, the world climate may be more or less
supportive of various methods of struggle, whether it be armed struggle, democratic elections,
terrorism, or nonviolent resistance. Groups r esorting to one of these methods may get assistance
from particular allies or face external opposition for doing so.
Interruptive Policies: Once a conflict has already become protracted and destructive,
intermediaries are particularly needed to stop further deterioration. Domestically, this is often
recognized as a primary obligation of the central government, which tries to manage internal
conflicts rather than exacerbate them as a party in the fight. Internationally, the U.N. and
regional intergovernmental organizations (IGOs) increasingly undertake intermediary
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interventions. Outside intervention sometimes may even use force to stop violence, as done by
U.N. peacekeeping or other multilateral forces.
External actors may also halt further deterioration by constraining one or both sides in a conflict.
One such constraint is economic sanctions, directed to stop gross violations of human rights.
Sanctions can affect the self-conceptions of some parties to an intractable conflict. The
widespread condemnation of South African white minority's treatment of non-whites under
apartheid contributed to changes in the way white South Africans saw themselves and their
opponents.
Transformative Policies: Outside actors may also undertake a variety of mediating roles to help
stop and even transform an intractable conflict. Mediation generally entails according some
legitimacy to the antagonistic sides in a conflict and treating the representatives with human
regard, even when the parties themselves do not. In such circumstances, participating in the
mediation may prompt each side to modify its conception of the other and also of itself.
The social context also affects the long-term transformation of intractable conflicts and the
establishment of enduring peaceful accommodations. External actors can be important agents in
ensuring compliance to agreements, which helps build trust between former adversaries.
Experiences providing grounds for mutual trust affect self-identities and also conceptions of the
other side that help transform intractable conflicts.
External actors may also contribute resources that help fulfill the terms of agreements and
overcome threats to the conflict's transformation and enduring resolution. The resources may
include emergency food, assistance in rebuilding infrastructure, aid in training and education,
and protection against violent acts by opponents of stability.
6.3 Coalitions
Definition:
An alliance for combined action, especially a temporar y alliance of political parties

forming a government or of states.
an alliance or union between groups, factions, or parties, especially for some temporary
and specific reason
a fusion or merging into one body or mass
the union of a mass of separate bodies; an alliance of political parties, states, or persons.
What is Coalition Building?
A coalition is a temporary alliance or partnering of groups in order to achieve a common

purpose or to engage in joint activity. Coalition building is the process by which parties
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(individuals, organizations, or nations) come together to form a coalition. Forming coalitions
with other groups of similar values, interests, and goals allows members to combine their
resources and become more powerful than when they each acted alone.
Why is Coalition Building Important?
Coalitions may be built around any issue and at any scale of society, from neighborhood issues
to international conflict.
The "ability to build coalitions is a basic skill for those who wish to attain and maintain
power and influence."
Through coalitions, weaker parties to a conflict can increase their power.
Coalition building is the "primary mechanism through which disempowered parties can
develop their power base and thereby better defend their interests."
The formation of a coalition can shift the balance of power in a conflict situation and
alter the futur e course of the conflict.
People who pool their resources and work together are generally more powerful and
more able to advance their interests, than those who do not.
Coalition members may be able to resist certain threats or even begin to make counter
threats. Generally, low-power groups are much more successful in defending their
interests against the dominant group if they work together as a coalition. This is
certainly more effective than fighting among themselves and/or fighting the dominant
group alone.
Environmental groups in the United States have long understood the power of
coalitions. Rather than taking on powerful industries on their own, leading
environmental groups have often formed coalitions to challenge big business in the
ballot box, at the legislature, and in the courts. They have succeeded in getting
environmental candidates elected, and strong environmental protection laws passed.
Without having many environmental groups working together, industry would have
had a much stronger hand in the fight over environmental protection in the U.S.
How Do You Build a Successful Coalition?
Building a successful coalition involves a series of steps. The early steps center on the
recognition of compatible interests. Sometimes this happens naturally. Other times potential
coalition members must be persuaded that forming a coalition would be to their benefit. To do
this one needs to demonstrate
1. that your goals are similar and compatible,

2. that working together will enhance both groups' abilities to reach their goals, and
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3. that the benefits of coalescing will be greater than the costs.
This third point can be demonstrated in either of two ways: incentives can be offered to make
the benefits of joining the coalition high, or sanctions can be threatened, making the costs of
not joining even higher. For example, the United States offered a variety of financial aid and
political benefits to countries that joined its coalition against Iraq in 2003; it also threatened
negative repercussions for those who failed to join, and much worse for those who sided with
Saddam Hussein. Another method that can make joining the coalition appealing is to eliminate
alternatives to the coalition. Once most of one's allies or associates have joined a coalition, it is
awkward...perhaps dangerous not to join oneself. Although people and organizations often
prefer non-action to making a risky decision, if they find themselves choosing between getting
on board a growing coalition or being left behind, getting on board is often more attractive.
Lastly, coalition builders may use precedence as a means of social influence. For example, in
making decisions, people (or countries) generally want to remain consistent with prior
commitments. That means that nations can pressure their allies to act with them in new
endeavors. Failing to do so, it can be argued, would hurt their "long-standing alliance." This
strategy is not always successful, especially if the self -interest of the other group seems to be
harmed by the proposed action. (France, for instance, was not willing to join the U.S. coalition
against Iraq in 2003, despite a long-term alliance between France and the U.S.)
What are the Benefits of Coalitions?
The benefits of coalition building go beyond increased power in relation to the opposition.
Coalition building may also strengthen the members internally, enabling them to be more
effective in other arenas. Some other key advantages to coalition building include
A coalition of organizations can win on more fronts than a single organization working
alone and increase the potential for success.
A coalition can bring more expertise and resources to bear on complex issues, where
the technical or personnel resources of any one organization would not be sufficient.
A coalition can develop new leaders. As experienced group leaders step forward to lead
the coalition, openings are created for new leaders in the individual groups. The new,
emerging leadership strengthens the groups and the coalition.
A coalition will increase the impact of each organization's effort. Involvement in a
coalition means there are more people who have a better understanding of your issues
and more people advocating for your side.
A coalition will increase available resources. Not only will physical and financial
resources be increased, but each group will gain access to the contacts, connections,
and relationships established by other groups.
A coalition may raise its members' public profiles by broadening the range of groups
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involved in a conflict. The activities of a coalition are likely to receive more media
attention than those of any individual organization.
A coalition can build a lasting base for change. Once groups unite, each group's vision
of change broadens and it becomes more difficult for opposition groups to disregard
the coalition's efforts as dismissible or as special interests.
A successful coalition is made up of people who have never worked together before.
Coming from diverse backgrounds and different viewpoints, they have to figure out
how to respect each other's differences and get something big accomplished. They have
to figure out how each group and its representatives can make their different but
valuable contributions to the over all strategy for change. This helps avoid duplication
of efforts and improve communication among key players.
Disadvantages of Working in Coalition
Member groups can get distracted from other work. If that happens, non-coalition
efforts may become less effective and the organization may be weakened overall.
A coalition may only be as strong as its weakest link. Each member organization will
have different levels of resources and experience as well as different internal problems.
Organizations that provide a lot of resources and leadership may get frustrated with
other members' shortcomings.
To keep a coalition together, it is often necessary to cater to one side more than
another, especially when negotiating tactics. If a member prefers high-profile
confrontational tactics, they might dislike subdued tactics, thinking they are not
exciting enough to mobilize support. At the same time, the low profile, conciliatory
members might be alarmed by the confrontation advocates, fearing they will escalate
the conflict and make eventual victory more difficult to obtain.
The democratic principle of one group-one vote may not always be acceptable to
members with a lot of power and resources. The coalition must carefully define the
relationships between powerful and less-powerful groups.
Individual organizations may not get credit for their contributions to a coalition.
Members that contribute a lot may think they did not receive enough credit.
6.4 Conflict in a Multicultural/Pluralistic society

A particular community of people living in a country or region, and having shared customs, laws,
and organizations is called a society. Culture is a group which shapes a person's values and
identity. A single term used to define a particular culture is often exclusive. Cultural identities
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can stem from the following differences: race, ethnicity, gender, class, religion, country of
origin, and geographic region.
Multiculturalism (or ethnic diversity) relates to communities containing multiple cultures. The
term is used in two broad ways, either descriptively or normatively. As a descriptive term, it
usually refers to the simple fact of cultural diversity: it is generally applied to the demographic
make-up of a specific place, sometime at the organizational level, e.g. schools, businesses,
neighborhoods, cities, or nations. As a normative term, it refers to ideologies or policies that
promote this diversity or its institutionalization; in this sense, multiculturalism is a society at
ease with the rich tapestry of human life and the desire amongst people to express their own
identity in the manner they see fit. Such ideologies or policies vary widely, including country
to country, ranging from the advocacy of equal respect to the various cultures in a society, to a
policy of promoting the maintenance of cultural diversity, to policies in which people of various
ethnic and religious groups are addressed by the authorities as defined by the group they belong
to.
However, two main different and seemingly inconsistent strategies have developed through
different Government policies and strategies: The first focuses on interaction and communication
between different cultures. Interactions of cultures provide opportunities for the cultural
differences to communicate and interact to create multiculturalism. (Such approaches are also
often known asinterculturalism .) The second centers on diversity and cultural uniqueness.
Cultural isolation can protect the uniqueness of the local culture of a nation or area and also
contribute to global cultural diversity. A common aspect of many policies following the second
approach is that they avoid presenting any specific ethnic, religious, or cultural community
values as central.
Implementing Multiculturalism
Interpretations of multiculturalism are vast and varied. The general expectation is that a
multicultural society is one that is composed of people belonging to different cultures, in which
all citizens are proud of their culture and see their identity as being endorsed by the state. This
approach encompasses a wide range of actors and sectors within society including languages,
sport, cultural heritage, media, immigration, and policing and law enforcement.
Conflict resolution as both a professional practice and academic field is highly sensitive to
culture. In Western cultural contexts, such as Canada and the United States, successful conflict
resolution usually involves fostering communication among disputants, problem solving, and
drafting agreements that meet their underlying needs. In these situations, conflict resolvers often
talk about finding the win-win solution, or mutually satisfying scenario, for everyone involved
(see Fisher and Ury (1981), Getting to Yes ). In many non-Western cultural contexts, such as
Afghanistan, Vietnam, and China, it is also important to find "win-win" solutions; however,
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getting there can be very different. In these contexts, direct communication between disputants
that explicitly addresses the issues at stake in the conflict can be perceived as very rude, making
the conflict worse and delaying resolution. Rather, it can make sense to involve religious, tribal
or community leaders, communicate difficult truths indirectly through a third party, and make
suggestions through stories (see Vinod Swami (1992), Conflict Mediation Across Cultures).
Intercultural conflicts are often the most difficult to resolve because the expectations of the
disputants can be very differ ent, and there is much occasion for misunderstanding.
Resolving cultural conflicts
The resolution of cross-cultural conflict begins with identifying whether cultural issues are
involved. There are three ways of cross-cultural conflict resolution.
1. Probing for the cultural dimension.
The resolution process should start from the parties' acknowledgment that their conflict contains
a cultural dimension. Next, there should be willingness on all sides to deal with all conflict
dimensions including the cultural one. Third, systematic phased wor k on the conflict is needed.
Williams identified four phases:
the parties describe what they find offensive in each other's behavior;
they get an understanding of the other party's cultural perceptions;
they learn how the problem would be handled in the culture of the opponent;
they develop conflict solutions.
Resolution of the conflict is particularly complicated if the conflict arose not just out of
misunderstanding of the other's behavior, but because of incompatible values.
2. Learning about other cultures.
People can prevent cross-cultural conflicts by learning about cultures that they come in contact
with. This knowledge can be obtained through training programs, general reading, talking to
people from different cultures, and learning from past experiences. Important aspects of cultural
education are understanding your own culture and developing cultural awareness by acquiring a
broad knowledge of values and beliefs of other cultures, rather than looking at them through the
prism of cultural stereotypes.
3. Altering organizational practices and procedures.
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Often the organizational structure reflects the norms of just one culture and inherits the cultural
conflict. In such cases, structural change becomes necessary to make the system more sensitive
to cultural norms of other people.
Conclusion
Conflict, depending on the outcome, can be a positive or negative experience for an organization.
With changing demographics, cultural differences become an acute issue. Many groups resist
assimilation and wish to preserve their cultural distinctiveness, which makes cultur al conflict
education an essential tool for maintaining healthy relations in organizations and society in
general.
6.5 Identity-based conflict
A certain form of identity — be it individual, social, cultural, professional, religious or political

— constitutes the point of departure for any and all relation with others. Identity is what makes
us what we are and who we are. And yet, the experience of identity invariably evokes codes of
exclusion, difference and distinction. Belonging to a collectivity always concerns the
delimitation of that collectivity and the application of logic of conflict and contention. The codes
and norms of belonging are the raw materials and the basis for the legitimization of the most
violent conflicts of our time.
Understanding one‘s identity means understanding the contention or the conflict implied by its
opposition to other identities. Identity is one of several fundamental human needs that underlie
many intractable conflicts. Human needs theorists argue that conflicts over needs are
fundamentally different from conflicts over interests, because interests are negotiable, whereas
needs are not.
Identity is one of the fundamental human needs that underlie many intractable conflicts.
Conflicts over identity arise when group members feel that their sense of self is threatened or
denied legitimacy and respect. Because identity is integral to one's self-esteem and how one
interprets the rest of the world, any threat to identity is likely to produce a strong response.
Typically this response is both aggressive and defensive, and can escalate quickly into an
intractable conflict. Because threats to identity are not easily put aside, such conflicts tend to
persist.
Intractable conflicts are often maintained by the development of polarized collective identities
among group members. Group memberships form along the lines of nationality, ethnicity, race,
religion, or whatever other categories are relevant to the conflict. Individuals identify with those
in their own group and begin to organize against those in the opposing group. While collective
identities may initially form around issues such as resisting oppressive social structures or
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staking claims to territory, they eventually take on meaning and value of their own. As the
conflict escalates, the opposing groups become increasingly polarized and develop hostility
towards those in the out-group. A high level of in-group identification, together with a high
degree of perceived threat from the other group, leads to a basic impulse to preserve oneself and
destroy the opponent.
Identity is the primary issue in most racial and ethnic conflicts. It is also a key issue in many
gender and family conflicts, when men and women disagree on the proper role or "place" of the
other, or children disagree with their parents about who is in control of their lives and how they
present themselves to the outside world. These conflicts center on matters of security, fair
treatment, and a sense of control over one's life. Because identity-based concerns are tied to
fundamental human needs, conflicts surrounding identity often threaten parties' very existence.
Such conflicts are typically more intense than interest-based conflicts. This is because the issues
in interest-based conflicts are typically more clearly defined and have greater potential for
compromise. Identity conflicts, on the other hand, are based on people's psychology, culture,
basic values, shared history, and beliefs. These issues tend to be more abstract and are connected
to people's basic needs for survival.
In addition, rigid collective identities may make it more difficult for groups to compromise.
When they feel that another group poses a threat to their authority or legitimacy, they may lash
out. Those in the out-group may be excluded, which limits contact between identity groups and
contributes to the development of negative stereotypes and intergroup violence. Parties view
their adversaries as evil or even nonhuman and regard their views and feelings as unworthy of
attention. Because merely sitting down with the opponent can be seen as a threat to one's own
identity, even beginning efforts at reconciliation can be extremely difficult. Furthermore, the
negation of the opposing group often becomes a fundamental aspect of one's own identity.
During the Cold War, for example, an important aspect of identity for many United States
citizens was being anti-Communist.
Israelis and Palestinians, India and Pakistan, governments and insurgents, Protestants and
Catholics, whites and blacks, labor and management...these are all examples identities
of that
have at some times and some places resulted in intractable conflicts.
For an inter-group (e.g., racial, ethnic, or religious) conflict to occur, the opponents must have a
sense of collective identity about themselves and about their adversary, each side believing the
fight is between "us" and "them." Some of those conflicts become intractable, persisting
destructively for a very long time, despite efforts to resolve them. In some such conflicts, the
antagonists seem to be fighting each other about the identities that they hold about themselves
and those they attribute to the other side. Such conflicts are sometimes called identity-based
conflicts and regarded as particularly prone to becoming intractable.
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Identity conflicts can be especially difficult to resolve. The opponent is often viewed as evil--
even nonhuman--and their views and feelings not worthy of attention. In addition, sitting down
with the opponent can be seen as a threat to one's own identity, so even beginning efforts at
reconciliation can be extremely difficult. Nevertheless, identity conflicts can be moderated, or
even reconciled if the parties want such an outcome and are willing to work for it over a long
period of time.
Review questions
i. Define the following:

a. social policy
b. coalition
c. identity-based conflict
d. multicultural society
ii. What are some of the benefits of coalition building?
iii. Explain the limitations of coalitions
iv. Explain the steps of resolving cultural conflicts
Douglas H. Yarn, The Dictionary of Conflict Resolution . (San Francisco: Jossey-Bass Publishers,
1991), 81
Spangler, Brad. "Coalition Building." Beyond Intractability . Eds. Guy Burgess and Heidi
Burgess. Conflict Information Consortium, University of Colorado, Boulder.
CHAPTER 7: ROLE OF DIFFERENT STAKEHOLDERS IN CONFLICT
Learning objectives
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Explain the role of the following in conflict:
a) Men
b) Women
c) Boys
d) Girls
e) The elderly
Role of different stakeholders in conflict:
Stakeholders:
Conflicts that escalate into violent confrontation and war affect the entire population. Men,
women, boys and girls all suffer from the ravages of war – they may get killed, mutilated,
maimed, herded into camps and jails, abducted, lose family members, homes and livelihood.
Girls and boys suffer disruption of education. All people lose human dignity through
powerlessness to even cater for their basic survival. These are common experiences, regardless
of gender.
7.1.1 Men
Religious figures: In many traditional societies of the Horn, religious men are somewhat
dissociated from society at large. They ar e considered separate from warriors and are the
repository of tr aditional wisdom and sometimes the vehicle of religious judicial systems, such as
sharia law. This special place in society makes them an ideal link between feuding groups who
might otherwise have been unable to establish a dialogue.
There is also the impact of church leaders on the conflict dynamics in several African conflicts.
All have attracted considerable attention. Not only in South Africa with Desmond Tutu or Allan
Boesak, but also, for example, in Sudan (Assefa, 1990; Badal, 1990), Mozambique and Zaire.
Mgr. Jaime Gonçalves, the archbisop of Beira played an important role in the realization of a
peace-agreement in Mozambique on 4 October 1992. It ended a gory war in which a million
lives were wasted and half of the populations were on the run for safety. In Zaire, Monseigneur
Laurent Monsengwo was elected as chairman of the "High Council of the Republic", and played
a central role in the difficult negotiations between President Mobutu and his opponents. The
Burundian catholic bishops, representing half of the population, are now mediating towards the
development of a more collegial government to prevent further violence.
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Violence is often linked to the masculine identity. Weapons are part of the dominant masculine
code in many countries. Men are seen as the 'protectors' and 'defenders' and often maintain this
role through the possession of weapons. In understanding the gender dynamics and
reinforcement of these stereotypes, it is also important to consider the role of women as
'motivators' or 'encouragers' of both peace-building, but in some cases also of conflict. For
example, in the context of Burundi the role of women in encouraging their men to arms as
'protectors' and 'defenders' of the community was seen as key in the escalation of violence.
Hence, stereotypes of what constitutes 'manliness' and 'womanliness' can of ten fuel conflict.
7.1.2 Women
Women comprise a large proportion of civilian victims of conflicts. The maintenance and
promotion of international peace and security cannot be realized without fully understanding the
impact of armed conflicts on women and without appropriate measures being taken to ensure
their empowerment and security. Women‘s equal participation in the peace process is an
essential precondition for establishing lasting peace. Women also bring alternative perspectives
to conflict prevention which is more focused on the grass-roots and community levels. Practical
steps and initiatives should be taken by the European countries to advance the role of women in
all aspects of conflict prevention and post-conflict peace-building.
Ineba Bob-Manuel (2000) tells that the Luo women of Kenya were at the forefront in the various
stages of peace processes like preventive diplomacy, peacemaking, peacekeeping and post
conflict peace building. They used methods like direct or indirect interventions through elders
and women‘s networks that existed within warring parties. When a conflict was perceived
through preparation for war or actual outbreak of war, women got together and discussed the
issue among themselves. Then they asked the elders in their clan or community to arrange for a
dialogue with those of the opposing clan or community. If the elders refused them, the women
from one community arranged to visit their counterparts in the enemy camp and built alliances as
a strategy for convincing the elders in both camps to resolve their conflicts in non-violent ways.
This system created an atmosphere of trust between communities, and encouraged informal
contacts, rather than contact through representatives. If the male elders made a decision to settle
a dispute through war, they consulted with the female elders. And the decision would be r evoked
on the strength of the women‘s objection. Women even had the capacity and the ability to make
peace at the eleventh hour. They would block, with their hands raised, the path of warriors who
had set out for battle and the warriors would then turn back. No warrior or elder could ignore the
women‘s cry for them to refrain from battle and no woman ignored her moral obligation to
intervene and create peace in the face of violence.
The Luo people believed that if a woman said no to something, you should not do it. There is
the story of a Luo legendary warrior, whose first wife asked him not to go to war, but he ignored
her words. Unfortunately, he never came back home – he died during the war. Among the Luo, a
woman only needed to stand between two men engaged in a fight for them to stop. Also if one
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sought refuge in a woman‘s hut the opponent was forced to abandon the fight, not only in
domestic fights but also in communal conflicts. The role of elderly Luo women, is for instance,
to arrange marriages between clans, especially warring clans. This is also part of the tradition of
peace building (confidence building).
Using women's intelligence information for disarmament initiatives
Women are often used as carriers or smugglers of illicit weapons and they are an important
information source in terms of knowledge of location and possession of weapons at least at a
community level. With the incentive of 'peace' and development support this knowledge or
intelligence information has been put to positive effect in disarmament projects (some examples
are outlined below). However, it is important to recognize the risks and dangers to women of
providing this information
The National Women's Movement for the Maintenance of Peace and NationalUnity work on
reducing the production and distribution of small arms in Mali. They are involved in the
demobilisation of combatants and co-ordinate successful lobbying activities, such as Peace
Marches, resulting in the government‘s recent initiatives to destroy arms.
The Sudanese Women's Voice for Peace , established by women from southern Sudan, have been
influential in integrating women's perspectives in governance, emphasising the need for women's
leadership and representation in conflict resolution and peace-building. This work includes
highlighting, negotiating and challenging the gendered impact of small arms.
The comparative advantage of women in conflict resolution and management is now widely
recognized, much as people like to quote isolated cases of women leaders who have also been
war-mongers. Such advantage includes:
Women are well positioned to see and feel early warning signals of conflict, by their
mere rootedness in their communities. They can therefore alert crucial institutions and
individuals for early intervention.
Strong capacity for networking and voluntary mobilization – hence ability to exert
decisive pressure on crucial issues such as peace. The more the people that can be
mobilized for peace the easier it is to prevent and resolve conflict.
Emerging success in lobbying and advocacy even among parties in conflict demonstrated
ability to build alliances between conflicting groups. Dialogue is essential for conflict
resolution, peace and conflict management.
Strong advocacy skills hence strength in building a constituency for peace with
impressive outreach capacity. Advocacy is crucial at all levels of society from grassroots
to national leadership.
Neutrality in peace broking. You cannot be trusted unless you are neutral. This is an
important factor in conflict resolution.
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Influence at family and community level for the development of positive attitudes. The
culture of peace cannot be built overnight. It is a long-term process and women are
crucial teachers and socializers.
Proven strength in the provision of humanitarian aid/relief assistance to women even by
those in difficult situations.
Women‘s emphasis on non-violent conflict resolution. This is the essence of all conflict
resolution – non-violence.
Ability to work across the political divide once they identify an issue of common
concern. Political differences do not mean that people cannot agree on a common
agenda. Women‘s or ganizations have demonstrated the need for all parties to rally
around peace.
Sexual violence against women during conflict is a tactic of war that has reached epidemic
proportions. For example, up to 500,000 women were raped, many at gunpoint, in Rwanda in
1994. Further, more than 75 per cent of displaced people are women and children, and in some
refugee populations they constitute 90 per cent. It is also estimated that close to 90 per cent of
current war casualties are civilians, the majority of whom are women and children, compared to
a century ago when 90 per cent of those who lost their lives were military personnel.
More generally, women often play a crucial role in the prevention of violent conflict in their
communities . According to the 2004 Report of the Secretary General on Women, Peace and
Security, Women can call attention to tensions before they erupt in open hostilities by collecting
and analyzing early warning information on potential armed conflict. Women play a critical role
in building the capacity of communities to prevent new or recurrent violence. Women's
organizations can often make contact with parties to conflict and interface with Governments and
the United Nations."
Women’s Initiatives during the two Liberian Civil Wars
Although their role was more substantial during the second Liberian civil war, women‘s
movements participated in the resolution of the first civil war. Throughout the two conflicts, their
action consisted in many demonstrations against the diff erent fighting groups. The strength of
Liberian women‘s movement lays in their peacefulness and the refusal to use violence, contrary
to all of the other actors of the civil conflict.
Women in Peace-building Network (WIPNET)
WIPNET is a women association present in several countries of West Africa (Liberia, Sierra
Leone, Nigeria), created from the broader West Africa Network for Peace-building (WANEP).
WANEP was created in 1998, facing the need for civil action to counter the civil conflicts raging
in West Africa. WIPNET was then created to ensure that women would not be submitted again
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to a patriarchal society following the end of the war. Women had a substantial role to play in the
peace-building process, but they also had a role to play in the society as a whole.
WIPNET‘s women started acting from the beginning of the First Liberian Civil War, organizing
marches for peace and security from 1991 and attending the peace conference from 1993. The
peak of their action happened during the second Liberian civil war, when WIPNET‘s women met
Charles Taylor and after long talks, convinced him to meet with the rebel forces. Strong of the
numerous contacts they had in the neighboring countries, they were able to organize a trip to
Sierra Leone, meet the rebel leaders and convince them to participate in the meeting with Taylor.
Thus, it was the women‘s actions that allowed the Accra summit – the peace summit – to
happen. However, they were not invited to the peace talk and therefore they organized more
demonstrations, but this time in Accra, Ghana, and joined by Ghanaian, Sierra Leonean and
Nigerian women.
When the 2003 peace agreement was signed, the actions of WIPNET went from resolving the
conflict to building peace. An interesting example of the strength of these women can be found
during this period: whereas the women were excluded from the disarmament process, they went
themselves to the fighters‘ camps to convince them to abandon their weapons.
WIPNET‘s women different actions were featured in a 2008 documentar y Pray the devil back to
hell . This film focuses on the actions that took place during the Women of Liberia Mass Action
for Peace Campaign. In particular, it follows the leaderships of Leymah Gbowee and Asatu Ben
Kenneth. These two women were respectively members of Christian and Muslim associations
and they decided to join their efforts towards peace. They organized sit-in, mass demonstrations
and even a sex strike to protest against the war and make men react.
Women are also often engaged in grassroots disarmament before official disarmament
processes begin. For instance, in Albania, "local women's groups worked with UNDP and
UNIFEM on disarmament. First, they organized public awareness events and capacity building
workshops for women's organizations to address the specific challenges and concerns that the
presence of weapons pose to women. Subsequently, through local conferences and rallies, they
appealed to the public to "Stop Guns" and sponsored tapestry design competitions under the
slogan "Life is better without guns." In towns where the project was implemented, around 6,000
weapons and 150 tons of ammunition were collected in exchange for community-based
development and public works projects. Due to the success of the program, similar projects were
launched in two other Albanian districts, leading to a total of 12,000 weapons and 200 tons of
ammunition destroyed."
Women and girls as former combatants

Women are not only victims of conflict, but may also play an active role in violence. However,
"Women combatants are often invisible and their needs are overlooked." The number of women
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who participate in fighting forces is reported to be increasing in nearly all conflicts. "Women
have constituted significant proportions of combatants and combat support operations in
conflicts in Eritrea, Mozambique, Zimbabwe, Vietnam, Cambodia, Sri Lanka, Nepal, Sierra
Leone, Liberia, Uganda, and Rwanda. Female combatants are either abducted or voluntarily
joined armed groups to serve as nurses, cooks, sex workers, messengers, spies or administrative
or logistical personnel, but also as armed combatants.
Women experience armed conflict in diverse ways as victims, survivors, leaders and
peacemakers. Violence against women in conflict zones is often an extension of the gender
discrimination that already exists in peacetime. Far more men than women directly engage in
armed conflict, which increases the responsibilities on women to maintain standards of care,
health services, industry and agriculture. This work is often unpaid and goes unacknowledged.
Women may also participate in conflicts as combatants, nurses, cooks, or sex workers and work
as caregivers, nutritional providers, organizers, managers and protectors of men and children.
Women and their dependents in conflict zones are likely to lose access to adequate healthcare,
including safe contraceptive methods as a greater proportion of money is being directed into war.
Armed conflict often leads to a reduction in formal medical or psychological support for home-
based carers, most of whom are women.
7.1.3 Boys
Children, including boys comprise a large proportion of civilian victims of conflicts, The
military use of children takes three distinct forms: children can take direct part in hostilities
(child soldiers), or they can be used in support roles such as porters, spies, messengers, look outs;
or they can be used for political advantage either as human shields or in propaganda.
Throughout histor y and in many cultures, children have been extensively involved in military
campaigns even when such practices were against cultural morals. Since the 1970s, a number of
international conventions have come into effect that try to limit the participation of children in
armed conflicts, nevertheless the Coalition to Stop the Use of Child Soldiers reports that the use
of children in military forces, and the active participation of children in armed conflicts is
widespread.
Under international law, the participation of children under 18 in armed conflict is generally
prohibited, and the recr uitment and use of children under 15 is a war crime. Yet worldwide,
hundreds of thousands of children are recruited into government armed forces, paramilitaries,
civil militia and a variety of other armed groups. Often they are abducted at school, on the streets
or at home. Others enlist "voluntarily", usually because they see few alternatives.
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Such children are robbed of their childhood and exposed to terrible dangers and to psychological
and physical suffering. They are placed in combat situations, used as spies, messengers, porters,
servants or to lay or clear landmines.
7.1.4 Girls
Children comprise a large proportion of civilian victims of conflicts.
Girl Child Soldiers
Who is a Child Soldier?
The Cape Town Principles define a child soldier as any person under 18 years who is part of any
kind of regular or irregular armed force in any capacity. This encompasses but is not limited to
cooks, porters, messengers and anyone accompanying such groups other than family members.
The definition also includes girls recruited for sexual purposes and for forced marriage. It does
not, therefor e, only refer to a child who is carrying or has carried arms. Application of this broad
definition is important: possession of a weapon is not a prerequisite for a child soldier to benefit
from the demobilization and reintegr ation process.
The issue of girl child soldiers has somehow not been given the attention it deserves, in spite of
the fact that the Beijing Declar ation recognized the effects of armed conflict on women and girl
children as a critical area of concern, and the Platform of Action included specific objectives for
their protection and participation.
Reports by organizations such as those by Save the Children and Rights and Democr acy suggest
that among the 300,000 children under the age of 18 who today are fighting in armed conflicts in
more than thirty countries of the world, about 40 per cent are girls.
The Save the Children report says improvements need to be made in DDR, which stands for
Disarmament, Demobilization and Reintegration. It says often the post-conflict programs do not
address the needs of girls and concentrate more on the number of weapons turned in. The Rights
and Democracy report says that girls have been part of government militia or opposition fighting
forces in more than 50 countries over recent years.
The use of children as soldiers has become a common feature of armed conflicts in every region
of the world. In case studies from El Salvador, Ethiopia, and Uganda, it was found that
reportedly a third of child soldiers were girls. While girl soldiers are most commonly used by
armed opposition groups, in many places they are also recruited – voluntarily or forcibly – into
government armed forces.
Not all children end up in the front line – many are used as spies and porters, as 'safe' carriers for
bombs and even sexual slaves. Their involvement puts other children at risk as everyone
becomes an object of suspicion and a potential target. Many suffer physical abuse and other
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privations – in extreme cases, child soldiers are driven to suicide or murder when they cannot
bear the mistreatment any longer.
While child soldiers are often forcibly recruited, often it is poverty, propaganda and alienation
that drives them into armies, paramilitaries and militias. Many join armed groups because of they
have experienced abuses against their families and communities by the state security forces.
Research has shown that the overwhelming majority in almost every armed conflict are drawn
from the poorest, least educated and most marginalized sections of society. Those separated from
their families or with disrupted family backgrounds, particularly among refugees and the
displaced, are especially at risk. The same factors that make girls vulnerable to other forms of
child abuse and exploitation also lead them into child soldiering – hence the need for common
strategies for prevention and protection.
On 26 Januar y 2009, the ICC opened its first trial in the case of The Prosecutor vs. Thomas
Lubanga Dyilo. Congolese warlord Thomas Lubanga was the first person charged in the
Democratic Republic of Congo (DRC) situation as well as the Court‘s f irst detainee. He is
accused of enlisting and conscripting childr en under the age of fifteen and using them to
participate actively in hostilities.
According to a June 2002 Report on Sexual Violence Against Women and Girls in Eastern
Congo, sexual violence has been used as a weapon of war by most of the f orces involved in this
conflict. Combatants of the RCD, Rwandan soldiers, as well as combatants of the forces opposed
to them-Mai-Mai, armed groups of Rwandan Hutu, and Burundian rebels of the Forces for the
Defense of Democracy (Forces pour la défense de la démocratie, FDD) and Front for National
Liberation (Front pour la libération nationale, FNL)-all frequently and sometimes systematically
raped women and girls in the last year.
In addition, the UN Special Rapporteur on Violence Against Women reported in 2003 that large
numbers of girls have been conscripted into fighting factions as combatants and as domestic and
sexual slaves. Girls subjected to forced marriage become the private property of their husbands.
7.1.5 The elderly

Elders are respected as trustworthy mediators all over Africa, because of their accumulated
experience and wisdom. The roles of these mediators would depend on tr aditions, circumstances
and personalities, accor dingly. These roles include: pressurizing or manipulating, making
recommendations, giving assessment, conveying suggestions on behalf of a party etc. Behavior
used is facilitation, through clarifying information, promoting clear communication, interpreting
standpoints, summarizing discussions, emphasizing relevant norms or rules, envisaging the
situation if agreement is not reached, or repeating of the agreement already attained. The
mediators can also remain passive, as they are there to represent important shared values. There
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is no predetermined model, so they are entitled to change their roles from time to time as they
perceive needs at various times. The entire approach is flexible and dynamic, while every part of
the talk is related to and influenced by the social context.
In many societies, elders have traditional jurisdiction in facilitation, arbitration, and monitoring
outcomes. Local conflict mediators typically possess moral status, seniority, neutrality and
respect of the community; they are acceptable to all parties and demonstrate leadership capacity.
Resolutions are generally accepted and respected by all concerned parties.
In many areas, residents have achieved agreements to end fighting through local peace
conferences. These peace conferences brought together and were guided by the elder s of
interdependent sub-clans. The conferences dealt with immediate concerns, made local leaders
responsible for inter-clan fighting, and helped identify appropriate representatives for clan
concerns.
Other examples - The role of elders and elders‘ councils are crucial in local peacemaking in the
Ethiopian and Somali societies as well:
The Qabri Dahar conference in Region Five (the Ogaden), which brought together a
significant cross-section of the Ogaden‘s political and traditional leadership, stopped the
planting of land-mines, reduced tensions between the army and local population, drew
many of the Ogadeni National Liberation Front (ONLF) fighters out of the bush,
increased commerce, and temporarily brought some consensus about the future of the
region.
In Somaliland, by solving the disputes at the level of traditional social organization,
elders were able to deprive the politicians of the possibility of making war, and thus help
to create the conditions of peace.
In 1990 a group of Somali intellectuals in Canada and the US set up an organization
known as the Somali Peace and Consultation Committee (ERGADA) to empower local
structures in peacemaking in Somalia. This organization received support from a Swedish
NGO, the Life and Peace Institute (LPI).
The primary indigenous conflict resolution institution is the council of elders. Mburugu and
Hussein (2002) conducted a study amongst the Turkana, Borana and Somali communities and
established that the institution of elders is ver y much in use today but somewhat weakened as the
elders are unable to enforce the punishment meted out. Ruto, Mohamud and Masinde (2004), in
their study of indigenous conflict resolution mechanisms amongst the pastoralist Pokot, Turkana,
Marakwet and Samburu, obtained the same information. Most traditional societies had a council
of elders, which was the primary institution charged with the responsibility of managing and
resolving conflict. The institution of elders was greatly r espected. Elders were seen as
trustworthy and knowledgeable people in the community affairs, thus enabling them to make
informed and rational decisions.
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Review questions
Explain the role of the following in conflict:
a) Men
b) Women
c) Boys
d) Girls
e) The elderly

Machira, A., (2008), Working for Peace: New thinking for Peace-building , Acme Press, Nairobi
CHAPTER 8: ETHICAL AND LEGAL ISSUES IN CONFLICT RESOLUTION
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Learning objectives
i. Understand ethical and legal issues in conflict resolution

ii. Understand the concept of neutrality in conflict resolution
iii. Know how to deal with power imbalance in conflict resolution
iv. Understand the factors that determine the modes of conflict resolution
8.1 Ethical practices in conflict resolution

Conflict resolution concerns people and thus moral and ethical views must be included.
Individuals constantly have to make the choice between undertaking a particular action and/or
doing what is right. This depends on listening to one‘s conscience, and the values there relate to
family, cultural and religious backgrounds. In this respect the wise practice characteristics:
locally responsive, and the freedom to exercise fundamental human rights is especially r elevant.
Codes of Conduct for Interveners
What are Codes of Conduct?
Ethics concerns the morality and rules by which human behavior is guided. This includes, but
is not limited to, standards of professional practice. Those working in conflict resolution
(arbitrators, mediators, or facilitators) face a variety of complex ethical questions.
These ethical issues can be related to the disclosure or non-disclosure of information, honesty
and dishonesty, and confidentiality. Often issues arise because of power imbalances among the
parties, dishonest or unfair mediation techniques employed by the mediator, or questions of
public interest. Codes of conduct can be thought of as ethical guidelines governing the way
dispute resolution practitioners deal with these various issues.
The first codes of ethical standards for intermediaries were developed in the United States and
Canada, but a number of other countries have begun to use them as well. Rules cover the
responsibilities of the mediator to the disputing parties, to the mediation process, to other
mediators and one's profession, and to unrepresented third parties and the general public.
Common ethical issues surround the disclosure of information, confidentiality, impartiality,
fairness, and questions of public interest. Standards of conduct can help to resolve the various
ethical problems that arise for mediators and other dispute resolution professionals.
"Model Standards of Conduct for Mediators"
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1. A mediator should recognize the importance of parties' self-determination.
2. A mediator shall conduct the mediation in an impartial manner.
3. A mediator shall disclose all actual and potential conflicts of interest reasonably known to
the mediator.
4. A mediator shall conduct the mediation fairly, diligently, and in a manner consistent with
the principle of self-determination by the parties.
5. A mediator shall fully disclose and explain the basis of compensation, fees, and charges to
the parties.
Common elements of codes of conduct for mediation include:
informing participants as to the process of mediation

adopting a neutral stance
revealing any potential conflicts of interest
maintaining confidentiality within the bounds of the law
mindfulness of the psychological and physical wellbeing of all participants
directing participants to appropriate sour ces for legal advice
engaging in ongoing training
practicing only in those fields in which they have expertise.
Guidelines For Mediators
As the dispute resolution field has developed, many theorists have become interested in
formulating clear ethical standards for mediation practice. Motivations for devising a code of
conduct include the desire to educate the public and mediation practitioners about ethical
practice, a perceived need to ensure that mediations are carried out in accordance with high
ethical standards, and a wish to promote public confidence in mediation as a dispute resolution
process. As an impartial participant whose job it is to facilitate conflict r esolution processes,
the mediator faces specific ethical demands.
Truth in Advertising : First, mediators should be truthful in their advertising and in the
solicitation of participants, and refrain from promises and guarantees of results. Any
communication with the public concerning services offered or regarding the education,
training, and expertise of the mediator should be truthful. In addition, mediators should
accept only those cases where they have sufficient knowledge and expertise in terms of
process and substance. A key ethical skill is the ability to recognize limits to one's
personal competence. Thus, the mediation process should take place only if the
mediator has the necessary qualifications to satisfy parties' reasonable expectations.
Mediators should have information they can provide to the parties about their relevant
training, education, and experience.
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Selecting Cases: Interveners should also be aware that there are cases when conflict
resolution techniques are inappropriate and should not even be attempted. If a mediator
recognizes that mediation is inappropriate for particular participant or dispute, he or
she has a responsibility to address this issue. This may mean educating parties about
other dispute resolution options, referring them to more specialized services, or simply
withdrawing from the process. In addition, mediators should take on only those matters
in which they believe they can remain impartial and evenhanded. Before the process
begins, they should be forthright about any circumstances that may create or give the
appearance of a conflict of interest. After disclosure, if one of the parties does not wish
to retain the mediator, that mediator must withdraw from the process.
Disclosing Fees : Before a process begins, a mediator should fully disclose and explain
the basis of compensation, fees, and charges to the parties. Parties can then decide if
they wish to use that mediator's services. Any fees charged should be reasonable and
take into account the sort of mediation service used, the type and complexity of the
matter, the expertise of the mediator, the time required, and the rates customary in that
community. If a mediator needs to withdraw f rom the process, any unearned fees
should be returned to the parties. Fee agreements should not be contingent upon the
result of the mediation or amount of the settlement.
Discuss Expectations : It is also important, before mediation begins, for all parties to
understand their own and other participants' expectations of the process. This includes
an understanding of the nature of the process, the procedures it will involve, and the
role that the intervener will have. Mediators should provide fair and honest descriptions
of the process so that parties can give their "informed consent" to participating. They
should also clarify their own expectations about the process.
Fair Process:Once mediation is underway, interveners should try to conduct the
process fairly, diligently, and in a way that upholds the principle of self-determination.
Many believe that neutrality and/or impartiality on the part of the mediator are crucial
in conducting a fair intervention. Others, however, especially people working outside
of North America do not see neutrality as critical. As a matter of fact, John Paul
Lederach, a leading scholar and practitioner of mediation in Latin America has
observed the preference there for what he calls "insider-partials"---mediators who are
from one of the disputant groups or communities (hence "insiders") who actually favor
one side over the other (hence "partial.") In order to be effective, however, such insider
partials need to have a stellar reputation for honesty and fairness with both sides. Oscar
Arias's mediation of the Nicaraguan conflict between the Sandinista's and the East
Coast Indian tribes is an example.
Mediation Goal :The mediator's interest should be in devising a lasting r esolution, not
in coming to any specific resolution. He or she should guard against partiality or
prejudice with respect to the parties' personal characteristics and strive to conduct the
process in an unbiased manner. Of course, this does not mean that the mediator must be
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devoid of opinions. Like all human beings, mediators have values, attitudes, prejudices,
and beliefs. Nonetheless, the mediator should be aware of these values and prejudices
and ensure that they do not intrude on the process. Interveners must not seek to
advance their own interests nor show no any personal interest in the terms of the
settlement. If at any time the mediator feels unable to conduct the process in an
unbiased manner, he or she is obligated to withdr aw.
Balance of Power :Mediation processes should protect the right of the parties and leave
no room for coercion or manipulation. Because power imbalance between participants
can be a major problem for mediation, the mediator should try to ensure that the
powerful participants in the process do not manipulate, dominate, or control the less
powerful participants. One of the intervener's jobs is to make sure that participants feel
safe and protected. Parties should be free to consider various options, reflect on those
options, or take advice. They have a right to be treated fairly and with respect, both by
mediators and fellow participants. If they feel the need, parties should be free to take a
time out.
Mediator Involvement: Note that the degree to which mediators should become
actively involved is often an issue. Should the mediator have a role in directing parties
towards resolution? If the mediator sees an obvious practical option, should he or she
offer it? Should the mediator facilitate decision-making or direct it? Most theorists
believe that to maintain fairness and integrity, mediators should ensure that all parties
have an opportunity to be actively involved in the decision-making process. This
includes decisions about when and under what conditions they will reach an agreement
or terminate the mediation process. Interveners must also make sur e that the parties
have reached agreement of their own volition and knowingly consent to that
agreement.
Consent: In order to give their consent, parties must fully understand both the
mediation process and the options under discussion. If one of the parties does not have
the capacity to participate, the mediator must terminate the process. Because it is not
easy to determine a party's capacity, interveners must be constantly vigilant in
promoting informed participation. Respectful screening processes that can assess
mediation readiness or capacity are crucial for successful mediations. In the event that
one or more of the parties is unable to participate due to drug, alcohol, or other physical
or mental incapacity, the mediator should withdraw. Toward the end of the proceeding,
if a dispute resolution practitioner is concerned about the possible consequences of a
proposed agreement, he or she should inform the parties of that concern so that they
can give full and genuine consent.
Confidentiality :Mediators should also be careful to uphold participants' rights to
privacy and confidentiality. This includes an obligation to discuss confidentiality rules
with the parties at the beginning of any proceeding and obtain party consent with
respect to engaging in caucused mediation. This means that prior to undertaking private
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sessions with a party; the mediator should discuss the issue of confidentiality and
clarify parties' expectations. They should also be careful not to imply that
confidentiality is absolute. If they mislead participants into thinking that proceedings
will be totally confidential when in fact they are not, grievances are likely to result.
Some theorists believe that a mediator should not disclose any matter that a party
expects to be confidential unless given permission by all parties or unless required by
law or other public policy. For example, confidentiality might be abandoned to some
extent if there is a risk it will have highly negative consequences for unrepresented
third parties.
Others point out that ther e are instances in which one party discloses information to the
mediator that is directly relevant to the conflict, but indicates that he or she does not
wish the information to be disclosed to the other party. In those cases where
confidentiality comes into conflict with the ultimate goal of reaching a mutually
acceptable solution, some believe mediators should err in favor of a lasting solution.
Steps put in place during mediation to help ensure this privacy include:
1. All sessions take place behind closed doors.

2. Outsiders can observe proceedings only with both parties' consent.
3. The meeting is not recorded.
4. Publicity is prohibited.
Peace-building and International Aid
In the context of civil conflict, every foreign actor, whether it be a government official, an
IGO, or an NGO, is perceived as a potential mediator. Some studies of mediation suggest that
in cases of violent conflict, interventions by multilateral organizations applying political
leverage often have the greatest measurable impact. As a result, there is a great need for those
intervening in the international arena to adhere to a code of conduct. A number of
organizations have begun to institute codes of conduct formalizing rules and regulations for
field activities. Beyond these codes of conduct, there is a simple demand for ethical behavior
to ensure the credibility and physical security of foreign actors. Local populations typically
keep a close watch on interveners' personal behavior, both in public and in private.
Intervention by foreign actors can either exacerbate and prolong the conflict or help to reduce
tensions. Those intervening have a responsibility to carry out relief and development work? So
that it alleviates suffering, protects human rights, and promotes a stable and just peace.
However, when international interveners arrive in a conflict area, they are often so
overwhelmed by violence going on there that they fail to recognize local capacities for peace.
They tend to regard violence and hatred as the only reality, and to neglect aspects of that
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particular society that connect people to each other.
All societies have systems for handling disagreements without resorting to violence, systems
for limiting violence if it erupts, and groups of individuals who support peace. In these
instances of complex emergency, it is important for interveners to identify and reinforce these
local capacities for peace and strengthen interpersonal and intergroup relations. Interveners
have an ethical duty to empower people to become agents of change and transformation within
their societies and to assume a central role in conflict resolution and transformation. This
means partnering with local people and drawing upon their cultural wisdom. Building on local
conflict resolution capacities helps to promote respect for cultural diversity and to support the
distinctive peacemaking roles of women.
Many believe that foreign interveners should also strive to be inclusive in their work and to
consider the interests of all relevant parties. This means not taking sides in conflict, refraining
from bias and favoritism, and endeavoring to be open and transparent in their work. Rather
than secretly supporting one group over others, interveners should work in collaboration with
individuals, organizations, governments, and other institutions in an effort to prevent and
resolve conflict. To achieve their goals, they will often have to make a long-term, ongoing
commitment to various peace-building processes. They should acknowledge that once they
enter a conflict setting, they become morally accountable to some extent for the results.
Here are some tips for ethical negotiations:
Be honest.
Keep your promises.
Follow the Platinum Rule. The Golden Rule tells us to treat others the way we want to
be treated. Author Tony Alessandra goes a step further with the Platinum Rule: Treat
people the way they want to be treated. Caring about others enough to treat them the
way they want to be treated helps build long-term relationships based on ethics and
trust.
8.2 Power imbalances

What is Neutrality?
The terms 'neutral' and 'neutrality' commonly appear in discussions about proper conduct for
mediators and in the standards of practice of many professional mediation organizations.
Adopting a neutral stance, it is argued, helps mediators to establish trust, credibility, and respect.
It is commonly thought that if a mediator is unable to maintain a neutral stance, codes of ethics
and standards of practice require that he or she withdraw from the case.
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Being neutral means:
1. Not being affiliated with either side

2. Being mutually acceptable to both sides
3. Disinterested
4. Having no personal interest
5. Approaching the proceedings with an open mind
Christopher Moore (1996) maintains that before the process begins, the independent mediator
"should explain that he or she is impartial in his or her views and neutral in his or her
relationship to the parties." The commonly accepted "outsider-neutral" conceptualization of
mediation suggests that the mediator should come from outside the conflict situation and have no
commitment or connection to either side. Many believe that the presence of a neutral third party
serves to legitimize the mediation process.
A standard of practice for mediators, neutrality is not ver y precisely defined. Nevertheless, the
most common usages of the term appear to focus on notions of even-handedness and
impartiality.
Concerns about Neutrality
Although there are times when neutrality is very important, some mediators feel that it tends to
get over-emphasized as the defining feature of the mediator's role.
One central difficulty surrounding the notion of neutrality is that in practice, it is often unclear
what it means to be a third-party neutral. Does it mean the mediator will not take sides; or that
the mediator is indifferent to clients' welfare; or simply that the mediator has no personal
relationship with any of the parties? While most mediators claim that they are neutral, they do
not often tell disputants what the concept of neutrality means to them, or which sense of
neutrality they will be relying upon to guide the proceedings.
Another question that is currently generating a gr eat deal of debate in the mediation field is about
whether mediators can and should, in fact, be neutral in any or all of the ways described. Is
neutrality an attainable goal for mediators? Is it a worthy goal?
Some scholars and practitioners have doubts whether, in the middle of an intense conflict,
anyone can be neutral. They point out that any action on the part of the mediator involves value
judgments about how to make the session more productive or about how to reach an acceptable
settlement. Mediators shape the way in which issues for discussion [are] identified and priorities
set" and often steer disputants toward certain solutions. It seems the mediators have considerable
power in mediation and that they do not always exercise it in a way that is entirely neutral with
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respect to the content and outcome of mediation processes. [In fact, any interventionist approach
that involves using argument and logic to persuade one of the parties threatens neutrality because
it demands a mediator's active involvement. However, many believe that this sort of active
involvement is necessary if parties are to find a mutually-beneficial solution.
Indeed, there are various useful mediation strategies that clients might regard as a violation of
neutrality. For example, the caucus(meeting with each party separately) can be particularly
precarious insofar as it may raise doubts about the mediator's evenhandedness. Similarly,
disputants may view a mediator's efforts to probe one of the parties' perspectives as an indication
of involvement in the substance of the dispute or the mediator's bias toward or against one
particular view or option.
Confusion about what neutrality should mean in the context of a particular mediation process can
result in grievances against mediators. Therefore, before they begin mediation, mediators should
attempt to clarif y the meaning of "neutrality." This helps to ensure that parties do not enter the
process with unrealistic expectations. If mediators continue to assert their neutrality in their
intake processes and introductory statements without explaining what this notion really means,
they may misrepresent the sorts of services they can provide. Moreover, if mediators remain
committed to strict neutrality, this significantly limits what sorts of services they can offer.
In addition, it is unclear that neutrality is what disputants actually want. Some theorists have
pointed out that the most effective mediator will not be one who is distant and detached, but
rather one who "has permission to question both parties about their negotiating perspectives and
inquire" about matters pertaining to an effective agreement. It is important to note that the
opposite of "neutral" is not "partisan" or "partial," but rather "involved" or "engaged." Rather
than neutrality, people embroiled in deep conflict typically want assistance, advocacy, advice,
and wisdom. They want someone who will listen to and validate their concerns and help them
find the best solution possible. They may also want the mediator to help steer them away from an
agreement that is completely unfair, unconscionable, or lacking in durability.
Other theorists point out that in many cultures, the last person people want to settle their dispute
is someone who is disengaged and uninvolved. In some cultural contexts, being neutral is
associated with being inactive, ineffective, and even cowardly. The image of the detached and
neutral mediator also may fail to reflect the needs and values of many cultures. Indeed, John Paul
Lederach, a leading scholar and practitioner of mediation in Latin America, maintains that there
are numerous conflict situations in which insider-partial mediation may turn out to be preferable.
An insider-partial mediator is someone who is alr eady involved in the conflict and aligned with
one of the parties. Despite this person's partiality, he or she is someone who is known and
respected by all parties to the conflict and trusted to be fair. This individual's personal knowledge
of the disputants' histories and the issues at hand is often extremely useful in helping parties to
resolve their differences. Oscar Arias's mediation of the Nicaraguan conflict between the
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Sandinista's and the East Coast Indian tribes is an example a mediation process that did not rely
on neutrality, but rather, utilized an insider-partial teaming with an outsider neutral in the
process.
Addressing Power Imbalances in Mediation
In the event that the mediator believes there is a power imbalance, should he or she attempt to
address this? Some definitions of neutrality say no, that would violate the mediator's code of
conduct. But most mediators acknowledge that a relatively even balance of power is necessary to
obtaining a fair settlement. So what should the mediator do?
One of the mediator's central functions is to guide the communication process in such a way that
all parties have a fair chance to participate in decision-making. Fulfilling this responsibility can
become particularly problematic in cases where there is a huge discrepancy the parties' ability to
communicate effectively, or one party is so overpowering that the other does not speak up to
defend their own interests.
Some theorists believe that any effort on the part of mediators to redress power imbalances
between the parties will fly in the face of their alleged neutrality. Moore (1996) suggests that the
mediator take steps to help the weaker party to mobilize the power he or she already possesses.
However, unless the mediator has the approval of both sides, he or she should not act directly to
develop new power for the weaker disputant. To act as a direct advocate puts neutrality and
impartiality at risk.
In cases where the weaker party possesses very little power, however, there is little that the
mediator can do to correct this. Some have ar gued that as a result of neutrality, "the mediator is
unable to correct power imbalances in the course of the mediation process, or to counter an
unfair outcome." Emphasizing neutrality may result in an unfair settlement and a loss of rights
for the weaker party. The neutral mediator has little room to provide needed help to one or other
of the parties and may be unable to express any concerns they have about an agreement. Thus, in
cases where power is inequitably distributed, neutral intervention may simply allow for the
domination of one group by another and lead to unjust settlements.
In response to this problem, the dispute resolution field has struggled to find a way to add
empowerment responsibilities to the role of the neutral intervener. Unfortunately, it appears that
as the neutral's empowerment efforts expand, his or her ability to successfully carr y out the
neutral role diminishes. Several years ago Guy Burgess and Heidi Burgess wrote that since
neutral mediators cannot adequately address these difficulties, what was needed, in addition,
were "enlightened advocacy advisors." While neutral mediators help to facilitate negotiations
within the context of existing power relationships, advocacy advisors would seek to empower
low-power parties by helping them develop and implement more enlightened and eff ective
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strategies for advancing their interests. Unlike the neutral, whose goal is reaching a solution that
is acceptable to both sides, the advocacy advisor would focus on reaching a just agreement that
represents the weaker side's interests. The underlying notion was that the advocacy advisor can
fulfill the task of empowering the weaker party so that the mediator can remain genuinely
neutral.
Bernard Mayer in his 2004 book Beyond Neutrality argues that dispute resolution professionals
have been hampered by their insistence on maintaining strict neutrality and that there are many
non-neutral roles that they can play to help conflicts be brought to fair and effective conclusion.
8.3 When different types of approaches may be preferable

Finding the Best Conflict Resolution Approach
Since each conflict situation is unique and dynamic, it is difficult to r ecommend the best conflict
resolution approach.
Choice of approach depends on these factors:
Type and relative importance of conflict

Time pressure
Position of the players involved
Relative emphasis on goals versus relationships
What factors can affect our conflict modes?
Some factors that can impact how we respond to conflict are listed below with explanations of
how these factors might affect us.
1. Gender: Some of us were socialized to use particular conflict modes because of our
gender. For example, some males, because they are male, were taught always stand up
to someone, and, if you have to fight, then fight. If one was socialized this way he will
be more likely to use assertive conflict modes versus using cooperative modes.
2. Self-concept: How we think and feel about ourselves affect how we approach conflict.
Do we think our thoughts, feelings, and opinions are worth being heard by the person
with whom we are in conflict?
3. Expectations : Do we believe the other person or our team wants to resolve the conflict?
4. Situation : Where is the conflict occurring, do we know the person we are in conflict
with, and is the conflict personal or professional?
5. Position (Power):What is our power status relationship, (that is, equal, more, or less)
with the person with whom we are in conflict?
6. Practice: Practice involves being able to use all five conflict modes effectively, being
able to determine what conflict mode would be most effective to resolve the conflict, and
the ability to change modes as necessar y while engaged in conflict.
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7. Determining the best mode:Through knowledge about conflict and through practice,
we develop a conflict management understanding and can with ease and limited
energy, determine what conflict mode to use with the particular person with whom we are
in conflict.
8. Communication skills: The essence of conflict resolution and conflict management is
the ability to communicate effectively. People who have and use effective
communication will resolve their conflicts with greater ease and success.
9. Life experiences : As mentioned earlier, we often practice the conflict modes we saw our
primary caretaker(s) use unless we have made a conscious choice as adults to change or
adapt our conflict styles. Some of us had great role models teach us to manage our
conflicts and others of us had less-than-great role models. Our life experiences, both
personal and professional, have taught us to frame conflict as either something positive
that can be worked through or something negative to be avoided and ignored at all costs.
Use of mediation
Mediation means to have a middle person acting in the role as a go-between or facilitator. The
role of mediator is to provide both parties with opportunities to put forward their views and assist
in analyzing the problem and looking for solutions.
Mediation with clients or their family
If you have conflict with a client or a client‘s family members, you could approach your team
leader to act as a mediator or you may seek external mediators from other organizations (with the
client‘s or their family member‘s consent).
Mediation with co-workers
When you have conflict with co-workers, you could use the conflict resolution process or the
grievance procedure used in your workplace.
Both of these processes would involve a mediator. The mediator could be:
a senior from your discipline area, if you and the co-worker are from the same discipline
a team leader or other senior staff member
an independent person from human resources management.
Mediation is more effective when conflict is moderate rather than intense, when the issues don‘t
involve general principles, and where there is not a severe resource shortage. It is more
successful when parties are highly motivated to reach a resolution, are committed to mediation,
trust the mediator, and are relatively equal in power.
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Review questions
Define the concept of neutrality
What are some of the ethical and legal issues in conflict resolution?
Explain how power imbalances can be managed in conflict resolution
Explain the factors that determine the modes of conflict resolution
Gregory Tillett, Resolving Conflict: A Practical Approach, 2 nd edition, (Oxford: Oxford

University Press, 1999).
Christopher Moore, The Mediation Process: Practical Strategies for Resolving Conflict,
2nd edition, (San Francisco, CA: Jossey-Bass Publishers, 1996).
CHAPTER 9: APPROACHES TO CONFLICT RESOLUTION
Learning objectives
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i. Define cohesion
ii. Define community cohesion
iii. Explain the importance of cohesion
iv. Explain approaches to enhance cohesion
v. Discuss the impact of cohesion on development
9.1 Community cohesion

Definition:
It refers to the aspect of togetherness and bonding exhibited by members of a community,

the "glue" that holds a community together. This might include features such as a sense
of common belonging or cultural similarity.
It can be described as the =common vision and the sense of belonging‘ that exists within
communities.
It is described as =working towards a society in which there common is a visionand
sense of belongingby all communities; a society in which the diversity of people‘s
backgrounds and circumstances is appr eciated and valued; a society in which similar life
opportunities are available to all; and a society in which strong and positive
relationships exist and continue to be developed in the workplace, in schools and in the
wider community‘ 1
It means working towards a society in which there is a common vision and sense of
belonging by all communities; a society in which the diversity of people‘ s backgrounds
and circumstances is appreciated and valued; a society in which similar life opportunities
are available to all; and a society in which strong and positive relationships exist and
continue to be developed in the workplace, in schools and in the wider community.
A cohesive community is one where the diversity of people‘s different backgrounds and
circumstances are appreciated and positively valued, those from diff erent backgrounds have
similar life opportunities, and strong and positive relationships are being developed between
people from different backgrounds in the workplace, in schools, and within neighbourhoods.
It is this =common vision‘, =sense of belonging‘ and =life opportunities‘, which underpin the work
of an effective Citizenship department and indicate the extent to which they contribute towards
community cohesion. Thus teachers and subject leaders need to consider how they already
achieve these concepts or areas and the potential for further opportunities.
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We live in a society where the differences of race, faith, culture, gender, age, disability, class and
sexual orientation can affect the opportunities, income, human rights and health of an individual.
Community cohesion is about changing this.
Community cohesion incorporates and goes beyond the concept of race equality and social
inclusion - it is about having positive and dynamic relationships between and within local
communities.
It is also about building communities in which ever yone feels they belong and where people in
those communities feel able to make reasonable choices about how they live, whatever their
circumstances.
Community cohesion is a term that has recently become increasingly popular in public policy
debates. It is closely linked to other concepts such as inclusion and exclusion, social capital and
differentiation, community and neighborhood. In this way it has indirectly been the focus of a
number of policies and initiatives aimed principally at reducing social exclusion.
It extends to incorporate a wider set of concerns important to a community. These can include
economic development, service provision, social inclusion, health, housing, education and
planning.
9.2 Meaning of cohesion

The act, process, or condition of cohering
Tendency to unite or sticking together
The action of forming a united whole
The sticking together of parties of the same substance
9.3 Importance of cohesion
Why is community cohesion so important?
Without it...
Different groups work against and not with each other which causes tension, violence,
discrimination and even hate crimes.
Different groups live =parallel lives‘ and do not mix with each other
Violence becomes a way of life -E.g. in countries like Iraq which has no community
cohesion.
Where communities become disenfranchised, tension and intolerance will emerge. From
this, conflict and unrest will result.
Neighborhoods will become fragmented, anti-social behavior will increase and resources
will be stretched.
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In order to avoid this, communities themselves need to identify current and potential problems
and the barriers to cohesion and must be committed to working towards positive interaction.
Governments are tasked with finding innovative approaches which communities can use to
empower themselves and enable cohesion. They will have to identify the knowledge and skills
needed to help people, groups, organizations and communities to find consensual strategies and
common ground on which they can begin to work together.
9.4 Approaches to enhance cohesion
While people may hold different beliefs and opinions, it is important that these values can be
shared, practiced and upheld by different groups of people. Creating opportunities for people to
interact and work on projects of shared values is critically important in a society where there are
frequent changes in population. People have migrated to Britain from many parts of the world for
centuries, bringing new skills, expertise, cultures and beliefs. These ongoing changes can also
present challenges, including different types of discrimination or conflicts of values, and can lead
to some people becoming isolated.
Giving people the opportunity to interact and make a contribution to their community can also
build bridges, dispel myths and develop a shared sense of belonging.
Strategies for promoting better co-existence
Breaking down divisions
Global awareness
Global identities
Tolerance
Rituals and conflict transformation
Co-existence
Cross cultural responses
Intercultural competency
Cross-cultural communication
Communication tools for understanding cultural differences
Managing intercultural conflict
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Cross-cultural exchange
Mediation and multiculturalism
Roles
Leaders and Leadership

Bridge builders
De-escalation
Cooling off periods

De-escalating gestures
Confidence building measures
Humiliation reduction through empowerment mechanisms and restorative justice
Empowerment
Exchange power
Integrative power
Restorative justice
Improving communication
Interpersonal communication
Interpersonal/small-scale communication
Creating spaces for communication
Dialogue
Narratives and story-telling
Conversation as a tool for conflict transformation
Empathic listening
I-messages and You-messages
Escalation-limiting languages
Rumor control
Mass media
Media strategies
Public diplomacy
Improving relationships
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Establishment of personal relationships
Respect
Networking
Trauma healing
Problem-solving workshops
Trust
Managing interpersonal trust and distrust

Trust and trust building
Partners in governance
Building Cohesive Communities
A cohesive community is one where people want to live and invest. Building a cohesive
community is a necessary step towards improving people‘s quality of life and enabling them to
achieve their potential.
Community cohesion policies must address the changing dynamics of race and faith relations
within many communities and nationally. Migration is on the increase, the regeneration of
neighborhoods is on-going and this will create new and diverse communities. Central and Local
Government need to invest not just in physical regener ation but importantly they need to invest
in communities.
There needs to be targeted investment to build sustainable and cohesive communities. Central
and local government must work closer with community organizations if they want a real
understanding of the diverse communities that exist in Britain today.
Community organizations are well placed to provide information on issues that can cause
conflict between communities and they can identify solutions to preventing future conflict.
Community or ganizations and groups can identify barriers to cohesion and integration and can
showcase good practice.
Building cohesive communities must be seen as on-going. Any regeneration initiative must
include mechanisms which will identify the differ ent communities within the area, any tension or
conflict; current or potential and include policies to tackle these. There needs to be a process
whereby communities can contribute to the building of cohesive communities. This can be
achieved by working with community networks.
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9.5 Impact of cohesion on development
It fosters socio-economic development by creating an enabling environment. Various ills
such as tribalism, corruption and drug abuse can be dealt with collectively.
Creates a conducive climate that attracts foreign investment
Cohesion enhances rapid development in commerce and industry, leading to social and
economic progress of a community or nation
Enables people to develop a sense of direction hence people develop and work towards
achievement of unified (common) goals
Promotes political stability and peaceful co-existence of different ethnic groups of people
and races. This in turn enhance inter-cultural tolerance, hence eradicating tribal conflict
Development of national unity by creating a state of being together in spite of the
diversity of the communities
Promotes collective responsibility when tackling issues of national importance, e.g
calamities such as floods, raising money for famine relief, e.t.c
It leads to achievement of easier, more efficient and accurate communication within
communities or nationwide
Reduces fear, suspicion and strife
Review questions
i. Define the following:
a. Cohesion
b. Community cohesion
ii. Explain the importance of cohesion
iii. What are some of the ways of enhancing cohesion?
iv. What is the impact of cohesion on development?
Augsburger, D. (1992). Conflict mediation across cultures. Louisville, Kentucky:

Westminster / John Knox Press.
Page 93 MKU
CHAPTER 10: TECHNIQUES IN REACHING AGREEMENT
Learning objectives
Page 94 MKU
i. Explain types of agreements
ii. Explain the process of agreement
iii. Discuss challenges in reaching agreements
iv. Explain the language and techniques of conflict resolution
v. Explain styles of dealing with conflict
vi. Describe the stages of various models of conflict resolution
vii. Explain the steps in conflict resolution
10.1 Types of agreement

What are Peace Agreements?
Peace agreements are contracts intended to end a violent conflict, or to significantly transform a
conflict, so that it can be more constructively addressed. There are various types of agreements
that can be reached during a peace process. Each type of agreement has a distinct purpose and
serves a value in itself towards building positive momentum for a final settlement. These
agreements, however, are not easily distinguished, as the content may sometimes overlap. Not all
types of agreements are needed for each conf lict. Some processes may have step-by-step
agreements that lead towards a compr ehensive settlement. Other peace processes may seek to
negotiate one agreement comprehensively.
While categorizing each document that is negotiated during a peace process is often difficult, the
following are common classifications used by the United Nations to differentiate the various
types of peace agreements:
Cessation of Hostilities or Ceasefire Agreements
A ceasefire agreement refers to a temporary stoppage of war or any armed conflict for an
agreed-upon timeframe or within a limited area. Each party to the agreement agrees with
the other to suspend aggressive actions, without necessarily making concessions of any
kind. These agreements are military in nature and are basically designed to stop warring
parties from continuing military actions while political negotiations are conducted to find
a more dur able solution. By themselves, ceasefire agreements are typically short-lived
and fragile. They must be quickly followed up with further agreements if the ceasefire is
to be maintained.
Pre-Negotiation Agreements
Pre-negotiation agreements are those that define how the peace will be negotiated. These
agreements determine procedural issues such as schedules, agendas, participants and
location, as well as the peacemaker's role and the procedure for drafting later framework
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or comprehensive agreements. The management of a peace process often determines if an
agreement will be reached. Pre-negotiation agreements serve to structure negotiations and
keep them on track. They facilitate the management of a peace process in order to reach
its goal of ending the conflict. Pre-negotiation agreements usually signal the first
achievement of success in a peace process, and thereby serve to build confidence and
promote trust between the parties.
Interim or Preliminary Agreements
Interim or Preliminar y agreements are undertaken as an initial step toward conducting

future negotiations. They are usually seen as "agreements to agree" or commitments to
reach a negotiated settlement and build confidence between the parties. Such agreements
do not normally deal with either procedural or structural issues, but may have some
characteristics of a pre-pre-negotiation agreement, delineating when and how
negotiations might be held. Interim agreements serve to signal that the ceasefire will be
respected. Interim agreements are also used to restart a stalled peace process. Like
ceasefire agreements, interim or preliminary agreements are not stable, and need to be
followed with negotiations on procedural and substantive issues quickly to keep the new
positive momentum of a peace process.
Comprehensive and Framework Agreements:
The terms "Comprehensive Agreements" and "Framework Agreements" are often used
interchangeably. However, there is a slight difference between the two types of
agreements:
o Framework Agreements are agreements that broadly agree upon the principles
and agenda upon which the substantive issues will be negotiated. Framework
agreements are usually accompanied by protracted negotiations that r esult in
Annexes that contain the negotiated details on substantive issues, or are a series of
subsequent agreements that are sometimes collectively known as the
Comprehensive Agreement;
o Comprehensive Agreements address the substance of the underlying issues of a
dispute. Their conclusion is often marked by a handshake, signifying an
"historical moment" that ends a long-standing conflict. Comprehensive
agreements seek to find the common ground between the interests and needs of
the parties to the conflict, and resolve the substantive issues in dispute.
Implementation Agreements
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Implementation Agreements elaborate on the details of a Comprehensive or Framework
Agreement. An implementation agreement almost always requires a new round of
negotiations with the relevant parties. In these negotiations, framework or comprehensive
agreements are fine-tuned and given specificity. The goal of implementation agr eements
is to work out the details and mechanics to facilitate implementation of the
comprehensive agreement. Implementation agreements are not always formally written
documents. Sometimes they are verbal commitments, exchanges of letters, and joint
public statements that help move implementation forward. Due to this fact, it is usually
very dif ficult to keep track of implementation agreements. Often, the informal nature of
these agreements makes it more difficult to hold the parties to their commitments. While
formally written implementation agreements often take a longer time to achieve, there is
usually a perception that the parties are committed, serious and obligated to implement
these agreements.
10.2 Process of agreement

The objectives agreement is to work out terms of fair and sustainable agr eement, including ways
of dealing with problems that may arise later. During this agr eement stage:
Be simple and clear

Maintain a balance as you assign parties responsibilities
Summarize the agreement reached
Ensure that the issues of when, how, why and by who are addressed in the agreement
Ensure that the agreement is just and contributes to the dignity of each party
Agree on how to handle any problems that may arise in future
The agreement should be drafted and the parties made to commit themselves to it by
signing it
Procedures for the generation of agreements

Develop agreements on general principles, and then work out the details
Generate multiple options individually, then share with other parties
Generate multiple options by bargaining with other parties
Conduct an open discussion in which a trial-and-error approach is used to generate
options
Develop package proposals that are comprehensive and that satisf y most interests
Break issues into smaller problems (fractionate) and discuss solutions to sub-issues
Look for options that can be traded
Ask for the assistance of external experts
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Structure and Substance of Agreements
Peace agreements are not always structured in the same way. Sometimes they ar e just one
document consisting of various chapters or discrete components. In other instances, each
substantive component can be part of one comprehensive agreement or be a stand-alone
agreement that is negotiated separately and during different periods of a peace process. The
substance of an agreement also differs from conflict to conflict. The type of war, the issues in
dispute and how the war is brought to an end are factors that will alter the structur e and
substance of a peace agreement. Intra-state or civil wars are usually caused by a failure of
governance. Peace agreements that bring these conflicts to an end often focus, therefore, on
rebuilding governance mechanisms. The disputed issues in inter-state wars are normally about
security or territory. Peace agreements that bring inter-state conflicts to an end primarily focus
on arrangements to enhance security and provide clarity on territorial issues. Thus, the substance
of peace agreements in each of these cases will naturally be different. The manner and method
by which a war is brought to an end also affects the substance of an agreement.
Violent conflicts, whether inter- or intra-state, typically end in one of three ways: an agreement
on the terms of surrender, a partial agreement, or with a full peace agreement.
Terms of Surrender occur when one party has clearly defeated the other party and the
losing party has surrendered. The terms of such agreements ar e usually favorable to the
victors. Such agreements are generally stable.
Partial Agreements only involve some of the parties and/or some of the issues. Partial
Agreements are r eached because it is sometimes not possible for all parties to converge
on resolving the conflict at the same time or the parties cannot address all the issues at the
same time. Partial Agreements are sometimes useful as an interim step to reaching a full
agreement. These agreements can sometimes be stable but they may not necessarily lead
to sustainable peace. Partial agreements require subsequent political processes that
include the disenfranchised parties and address the remaining issues, in order to become a
final settlement leading to a stable peace.
Full Agreements involve all relevant parties negotiating a lasting peace. This is the end
result of a comprehensive agreement combined with the necessary implementation
agreements. Generally speaking, peacemaking efforts tend to be focused on reaching
comprehensive agreements. Full agreements seek to have all parties to a conflict agreeing
on resolving all major issues.
Implementation Mechanisms are designed to provide:
A neutral monitoring capacity to ensure peace agreement commitments are honored,

A steering capacity which sets priorities and keeps the peace implementation on track,
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A political forum which allows parties to resolve implementation disagreements through
political negotiations.
Implementation mechanisms could include a United Nations or regional peacekeeping operation.

They can also entail monitoring committees, chaired by the United Nations or a neutral third
party, which includes parties to the conflict and other relevant actors required to help build the
peace.
10.3 Challenges in reaching agreement

Writing an agreement can be a powerful tool in enhancing the termination of a dispute. The
timing of the agreement, who does the writing, the form that the document takes and the
language used, all influence the ultimate acceptability of settlement.
If one party drafts the agreement, challenges include:

o Possibility of biased language
o Possibility of inaccurate wording
o Since both parties do not participate in the drafting of the document, it lacks
ownership by those for whom it is intended
If both parties draft the agreement, challenges include:
o Hassles over fine details that could be avoided if the settlement is drafted by a
third party
o Time focused on details rather than on general issues in dispute
If a sub-committee drafts the agreement, challenges include:
o Requires time for consultation with the larger group
If the third party drafts the agreement, challenges include:
o Parties may not own the document because on non-participation
o The language may not be commonly used or understood by the parties
o Possibility of misinterpretation of the terms by the third party
o Parties may interpret terms in an agreement they do not like as a sign of bias of
the third party
If a lawyer(s) for a party or parties draft the agreement, challenges include:
o Lawyer(s) may change the content and/or the spirit of the parties‘ agreement
o The parties‘ language may be changed
10.4 Breakdown of agreement

The following should be part of agreements:
Date of agreement
Name and address of the parties, both primary and secondary
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Recitals
o Background about the parties‘ relationship(s)
o Reasons for the agreement
o Issues to be settled by the agreement
o Data about assets and liabilities (if applicable)
Introductory clauses
o General
o Statement that recitals are correct
o Statements that each party had an opportunity to consult a lawyer as to his/her
rights
o Appropriate definition of terms to be used in the agreement
o Statement that the agreement constitutes the full and final settlement of all issues
Personal relations
o Provision of a method to resolve future disputes e.g mediation or arbitration
o Description of implementation and/or monitoring procedures (if applicable) who,
when, standards or criteria, steps in case of violation, e.t.c
o Summary or conclusion paragraph – statement of the parties‘ intent to follow
through on terms of settlement
o Signatures of parties – Full legal names
o Signature of witnesses (if applicable)
o Date of signing, under signatures
o Appendices/Attachments
Components of Peace Agreements
Most peace agreements address three main concer ns: procedure, substance and organization.
1. Procedural Components
Procedural components set out the processes that establish and maintain peace. They
delineate the HOW of a peace process by establishing the processes and measures that
help build the peace. These include the establishment of schedules and institutions that
facilitate the implementation of substantive issues such as elections, justice, human rights
and disarmament.
2. Substantive Components
Substantive components are part of the agreement that define WHAT is going to change
after the peace agreement is reached. Substantive components include political,
economic, and social structural changes that are needed to remedy past grievances and
provide for a more fair and equitable future. Substantive components, therefore, include
the changes that are required in issues such as the distribution of power, the management
of natural resources and the type of mechanisms to address past injustices.
3. Organizational/Institutional Components
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Organizational/institutional components are arrangements/mechanisms intended to
promote the peace consolidation efforts after the agreement. They address the WHO
element of the agreement. These mechanisms are either directly responsible or provide
oversight and guidance to other actors to carr y out the activities intended to consolidate
the fragile peace and lay the foundation for sustainable peace and development. There are
two types of organizational components. The first, often referred to by the United Nations
as "implementation mechanisms," immediately follow a peace agreement and are
intended to promote agreement implementation.
10.5 Language and techniques of Conflict Resolution

Conflict analysis:This is the systematic study of the profile, causes, actors and dynamics of
conflict. It helps development, humanitarian and peace-building organizations to gain a better
understanding of the context in which they work and their role in that context. It can be carried
out at various levels e.g local, regional, national e.t.c. we need to analyze conflict so as to:
To understand the background and history of the situation as well as current events
To identify all relevant groups involved, not just the main or obvious ones
To understand the perspectives of all these groups to know more about how they r elate to
each other
To identify factors and trends that underpin conflicts
To learn from failures as well as from successes
Some of the tools for conflict analysis include:

1. Timelines – this shows events arranged in a chronological manner. It can be used to show
the history of a conflict
2. Stages of conflict – it is necessar y to understand these stages in order to have a broader
perspective of the prevailing conflict and the historical conflict trend. Basically, there are
5 different stages of conflict:
a. Pre-conflict : This is the latent stage of conflict. The conflict is still under the
surface, is not visible, but there is tension which is simmering
b. Confrontation: At this stage, conflict is open and parties are conflicting openly
through incompatible behavior such as resistance, demonstrations or lukewarm
hostilities. An isolated spark can now fuel open conflict
c. Crisis: This is the peak of the crisis. At this stage, the people that are involved in
the conflict are killing each other, burning property, e.t.c. and massive destruction
is taking place. Accusations and counter-accusations are taking place between
warring parties. The best thing to do at this stage is to use force to bring the
violence to an end
d. Outcome : The outcomes of any serious violence are death, destruction of
infrastructure, displacement of people and general breakdown in the rule of law.
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The end of the war or skirmishes comes with either of the parties losing or
winning, or a state of stalemate being reached.
e. Post-conflict : This is the stage where conflict has subsided and the warring parties
are coming to terms with reality of the futility of war and are now in the process
of healing. This is the stage where deep-rooted conflicts need to be addressed
3. Pillars of conflict : This is a graphic representation of forces/elements that are holding up
an unstable situation. It helps to identify factors that maintain the undesirable situation
4. The onion: This has several layers. The outer layer contains the POSITIONS that we
take publicly, for all to see and hear. Underlying these are our INTERESTS , what we
want to achieve from a particular situation. Finally at the core are the most important
NEEDS we require to be satisfied. The onion analysis helps to move beyond the public
position of each party and understand each party‘s needs and interests in order to find a
consensus on critical issues
5. Conflict tree: This is an analogy of a tree which shows the key issues involved in the
conflict. It helps to stimulate discussion about causes and effects of the conflict.
6. Force field analysis : This is a tool for analyzing both the positive and the negative forces
in a conflict. It helps to determine those forces which either support or hinder a plan of
action and to determine ways of increasing positive forces and decreasing negative forces
Conflict resolution
Whenever conflict occurs, people have to take action. It is the response that determines the
consequence of the conflict situation. Basically, responses can be divided into three categories:
1. Flight response : this involves refusal to face conflict by running away from it through
denial, withdrawal or avoidance
2. Fight response : people answer conflict by use of force in order to win over the party in
conflict, by employing power or introducing competition
3. Flow response : this involves use of dialogue to seek solution to a problem by resorting to
methods that bring maximum satisfaction of the parties in conflict such as negotiation
and reconciliation
When disputes arise, parties will attempt to resolve the matter through one of the following
approaches:
1. Power-based approach
Power is the ability to make someone do what one wants with or without the other
person‘s consent. Power can be legitimate or illegitimate. This procedure determines who
is more powerful, implying that the stronger party decides the outcome. It is often used
by people in positions of authority, such as the Provincial Administration, the police
force, parents, teachers, e.t.c, to carry out their duties effectively. On the other hand, this
approach is used illegally and/or illegitimately when power acquired from wealth,
Page 102 MKU

religion, culture, age, social status, etc, is used to oppress the less privileged in the
society.
2. Rights-based approach
This approach is based upon an organization‘ or society‘s laws, norms and values. In a
given situation, the decision is made using some independent set-up criteria to determine
fairness or, in litigation, which party‘s claim is more legitimate. In traditional societies,
there are established norms and laws that govern disputes related to marriage, crime, etc.
3. Interest-based approach
This procedure seeks to reconcile the needs, desires and concerns of parties involved. The
parties in conflict look for ways in which their interests will be best cater ed for, while at
the same time improving the relationship.
These three approaches provide conflicting parties with a variety of options to address their
differences. Furthermore, they are not mutually exclusive. Each of them has merits and demerits.
The particular situation dictates which type of approach will be more useful.
In choosing an approach, the following factors are worth consideration:
Time : Generally, the power-based approach takes less time than rights-based and
interest-based approaches.
Cost : The interest-based approach is less costly than the rights-based approach, which is
in turn cheaper than the power-based approach.
Emotional energy : In most cases, the power-based approach involves a lot of emotions
than the rights-based approach, which is more emotive than the interest-based approach
Satisfaction of parties : As the procedure of resolving disputes becomes more powerful,
the satisfaction of parties to the outcome decreases.
Relationship : Generally, the interest-based approach builds better relationships than the
rights-based approach, which in turn develops better relationships than the power -based
approach.
As conflict escalates, disputants tend to rely increasingly on more powerful techniques to address
conflict. In such situations, the challenge of a peacemaker is to move parties away from more
powerful (hence costly) methods to alternative ways of resolving differences.
10.6 Styles of dealing with conflict

People, groups, and organizations respond to conflict in different ways. The manner of response
depends largely on the people involved and the conflict situation. There are generalizations about
how men and women react to conflict. Women are often thought to respond to conflict either
passively, through expressing sadness and cr ying, or through nagging. Men on the other hand
are thought to handle conflict more rationally by thinking through conflict rather than crying.
In reality, most conflict handling styles are exhibited in both men and women.
Page 103 MKU

The styles of responding to conflict include:
Forcing
This is also known as competing . An individual firmly pursues his or her own concerns despite
the resistance of the other person. This may involve pushing one viewpoint at the expense of
another or maintaining firm resistance to another person‘s actions.
Examples of when forcing may be appropriate
In certain situations when all other, less forceful methods, don‘t work or are ineffective
When you need to stand up for your own rights, resist aggression and pressure
When a quick resolution is required and using force is justified (e.g. in a life-threatening
situation, to stop an aggression)
As a last resort to resolve a long-lasting conflict
Possible advantages of forcing:
May provide a quick resolution to a conflict

Increases self-esteem and draws respect when firm resistance or actions were a response
to an aggression or hostility
Some limitations of forcing:
May negatively affect your relationship with the opponent in the long run
May cause the opponent to react in the same way, even if the opponent did not intend to
be forceful originally
Cannot take advantage of the strong sides of the other side‘s position
Taking this approach may require a lot of ener gy and be exhausting to some individuals
Win-Win (Collaborating)
This is also known as problem confronting or problem solving. Collaboration involves an attempt
to work with the other person to find a win-win solution to the problem in hand - the one that
most satisfies the concerns of both parties. The win-win approach sees conflict resolution as an
Page 104 MKU

opportunity to come to a mutually beneficial result. It includes identif ying the underlying
concerns of the opponents and finding an alternative which meets each party's concerns.
The collabor ation style involves parties working together to resolve issues, and both sides come
to the table with win-win attitudes. It is a favorable negotiation style in formal dispute resolution
situations, such as mediation, where the parties employ a mediator but must agree on the final,
binding resolution.
Examples of when collaborating may be appropriate:
When consensus and commitment of other parties is important

In a collaborative environment
When it is required to address the interests of multiple stakeholders
When a high level of trust is present
When a long-term relationship is important
When you need to work through hard feelings, animosity, etc
When you don't want to have full responsibility
Possible advantages of collaborating:
Leads to solving the actual problem

Leads to a win-win outcome
Reinforces mutual trust and respect
Builds a foundation for effective collaboration in the future
Shared responsibility of the outcome
You earn the reputation of a good negotiator
For parties involved, the outcome of the conflict resolution is less stressful (however, the
process of finding and establishing a win-win solution may be very involed – see the caveats
below)
Some limitations of collaborating:
Requires a commitment from all parties to look for a mutually acceptable solution
May require more effort and more time than some other methods. A win-win solution may not be
evident
For the same reason, collaborating may not be practical when timing is crucial and a quick
solution or fast response is required
Once one or more parties lose their trust in an opponent, the relationship falls back to other
methods of conflict resolution. Therefore, all involved parties must continue collaborative efforts
to maintain a collaborative relationship
Page 105 MKU

Compromising
Compromising looks for an expedient and mutually acceptable solution which partially satisfies
both parties.
Bargaining is the hallmark of the compromise approach to conflict resolution. The conflicting
parties can identif y some interests they are willing to compromise on to bring about a resolution.
While the emotional level might still be high, the compromise style sometimes results in interim
solutions when a full resolution is not immediately possible. Parties might reach a settlement to
prevent further escalation of the conflict.
Examples of when compromise may be appropriate:
When the goals are moderately important and not worth the use of more assertive or more
involving approaches, such as forcing or collaborating
To reach temporary settlement on complex issues
To reach expedient solutions on important issues
As a first step when the involved parties do not know each other well or haven‘t yet developed
a high level of mutual trust
When collaboration or forcing do not work
Possible advantages of compromise:
Faster issue resolution. Compromising may be more practical when time is a factor
Can provide a temporary solution while still looking for a win-win solution
Lowers the levels of tension and stress resulting from the conflict
Some limitations of using compromise:
May result in a situation when both parties are not satisfied with the outcome (a lose-lose
situation)
Does not contribute to building trust in the long run
May require close monitoring and control to ensure the agreements are met
Withdrawing
This is also known as avoiding . This is when a person does not pursue her/his own concerns or
those of the opponent. He/she does not address the conflict, sidesteps, postpones or simply
withdraws.
Page 106 MKU

Avoiding conflict involves one of the conflicted parties avoiding communicating about or
confronting the problem, hoping it will go away. By not participating in the problem-solving
process, she is effectively removing herself from it. When employing this approach, the conflict
might go away if the other party doesn't press for a resolution. The underlying differences
between the parties are never resolved.
Examples of when withdrawing may be appropriate:
When the issue is trivial and not worth the effor t

When more important issues are pressing, and you don't have time to deal with it
In situations where postponing the response is beneficial to you, for example -
When it is not the right time or place to confront the issue
When you need time to think and collect information before you act (e.g. if you are
unprepared or taken by surprise)
When you see no chance of getting your concerns met or you would have to put forth
unreasonable efforts
When you would have to deal with hostility
When you are unable to handle the conflict (e.g. if you are too emotionally involved or others
can handle it better)
Possible advantages of withdrawing:
When the opponent is forcing / attempts aggression, you may choose to withdraw and
postpone your response until you are in a more favourable circumstance for you to push back
Withdrawing is a low stress approach when the conflict is short
Gives the ability/time to focus on more important or more urgent issues instead
Gives you time to better prepare and collect information before you act
Some limitations of withdrawing:
May lead to weakening or losing your position; not acting may be interpreted as an agreement.
Using withdrawing str ategies without negatively affecting your own position requires certain
skill and experience
When multiple parties are involved, withdrawing may negatively affect your relationship with
a party that expects your action
Smoothing
This is also known as accommodating . Smoothing is accommodating the concerns of other

people first of all, rather than one's own concerns.
Page 107 MKU

The accommodating approach emphasizes cooperation instead of assertiveness. A person places
his interests last and allows the other party to further her interests. The accommodating approach
often occurs when a party is not significantly invested in securing a victory, because he does not
perceive the alternative option as a significant threat.
Examples of when smoothing may be appropriate:
When it is important to provide a temporary relief from the conflict or buy time until you are
in a better position to respond/push back
When the issue is not as important to you as it is to the other person
When you accept that you are wrong
When you have no choice or when continued competition would be detrimental
Possible advantages of smoothing:
In some cases smoothing will help to protect more important interests while giving up on
some less important ones
Gives an opportunity to reassess the situation from a differ ent angle
Some limitations of smoothing:
There is a risk to be abused, i.e. the opponent may constantly try to take advantage of your
tendency toward smoothing/accommodating. Therefore it is important to keep the right balance
and this requires some skill.
May negatively affect your confidence in your ability to respond to an aggressive opponent
It makes it more difficult to transition to a win-win solution in the future
Some of your supporters may not like your smoothing response and be turned off
There are three possible outcomes of using these styles:

1. Lose-Lose : this is when both sides in the conflict do not get their needs satisfied. Most
often the conflict continues or resurfaces
2. Win-Lose : This is when one side in the conflict has their needs satisfied or met at the
expense of the other side
3. Win-Win : this is when both sides in the conflict work together with an aim of satisf ying
their respective needs.
Collaborating: win/win
Page 108 MKU

Compromising: win some/lose some
Accommodating: lose/win
Competing: win/lose
Avoiding: no winners/no losers
Five Approaches to Conflict in the Workplace
Workplace conflicts are common, as strong opinions and personalities are often necessary for
leadership and productivity. However, allowing disagreements or differences of opinion to grow
may negate the positive impacts of healthy debate, especially in a small business. Addressing
workplace conflict productively is an essential skill for employees who want to succeed
individually and in groups.
1. Avoidance
One common approach to workplace conflict is avoidance. Individual employees may
practice this approach by giving in or failing to present ideas that are in opposition to
what others have alr eady expressed. However, although this method may prevent
conflicts from occurring in the first place, avoidance also stifles creative thinking and
eliminates the chance for constructive debate among employees.
2. Formal Disputes
A business may have some form of formal dispute process in place. This can involve
filing a written complaint, submitting to the judgment of a panel of workplace leaders, or
appealing to a manager in charge of conflict resolution. Although formal dispute
processes are especially common in large organizations, they are also useful for small
businesses. A formal dispute process offers a rigidly defined conflict-resolution method
that seeks to determine a winner and a loser when two employees can't solve their
conflicts alone.
3. Alternative Dispute Resolution
Workplaces may also have informal processes in place for resolving disputes through
alternate means. These programs, loosely known as alternative dispute resolution, or
ADR, don't seek to determine a winner and a loser: Instead, they focus on helping
workers in the midst of a conflict to find ways to compromise. One ADR technique is
mediation, which allows workers involved in a conflict to come together with an
impartial mediator and share their views, as well as what they think it will take to resolve
the conflict productively.
4. Collaboration
Collaboration is another approach to workplace conflict. Although similar to mediation or
compromise, collaboration usually falls under the direction of a leader in the workplace.
Employees engaged in a conflict may be able to put their differences aside when a
manager or supervisor selects elements from each of their plans for implementation, or
Page 109 MKU

when he assigns them to a common task where they share interests and must work
together for personal and mutual benefit. Collaboration as a conflict resolution technique
requires shrewd leadership and a willingness to work together.
5. Organizational Change
In certain cases, workplace conflicts arise from fundamental flaws in a business or the
way its workers are organized. For example, a business may have two divisions that
perform similar tasks and often enter into conflict with one another as they compete for
limited funding and the most highly skilled employees. In this case, the best approach to
conflict may be to merge the divisions. Moving employees to different jobs or
terminating employees who are frequently central to conflicts are additional approaches
that rely on organizational change to prevent or eliminate ongoing workplace conflict.
10.7 Stages of various models of Conflict Resolution
Dual concern model of conflict resolution
The dual concern model of conflict resolution is a conceptual perspective that assumes
individuals‘ preferr ed method of dealing with conflict is based on two underlying themes or
dimensions:
1. A concern for self (i.e. assertiveness), and

2. A concern for others (i.e. empathy).
According to the model, group members balance their concern for satisfying personal needs and
interests with their concern for satisfying the needs and interests of others in different ways. The
intersection point between these two dimensions ultimately lead individuals towards exhibiting
different styles of conflict resolution (Goldfien & Robbennolt, 2007). The dual model identifies
five conflict resolution styles/strategies that individuals may use depending on their dispositions
toward pro-self or pro-social goals.
1. Avoidance conflict style

Characterized by inaction and passivity, avoidance conflict style is typically used when
an individual has reduced concern for their own outcomes as well as the outcomes of
others. During conflict, these avoiders adopt a wait and see attitude, often allowing
conflict to phase out on its own without any personal involvement (Bayazit & Mannix,
2003). Unfortunately, by neglecting to address high-conflict situations, avoiders risk
allowing problems to fester out of control.
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2. Yielding conflict style
In contrast, yielding or accommodating conflict styles are characterized by a high
concern for others while having a low concern for one‘s own self. This passive pro-social
approach emerges when individuals derive personal satisfaction from meeting the needs
of others and have a general concern for maintaining stable, positive social
relationships.[1] When faced with conflict, individuals with a yielding conflict style tend
to give into others‘ demands out of respect for the social relationship (e.g., to maintain
group unity) because they believe being agreeable may be more important than
winning (Goldfien & Robbennolt, 2007).
3. Competitive conflict style

Competitive or fighting conflict style maximizes individual assertiveness (i.e., concern
for self) and minimizes empathy (i.e., concern for others). Groups consisting of
competitive members generally enjoy seeking domination over others, and typically see
conflict as a win or lose predicament. Fighters tend to force others to accept their
personal views by employing competitive, power tactics (e.g., argue; insult; accuse;
violence) that foster feelings of intimidation (Morrill, 1995).
4. Cooperation conflict style

Characterized by an active concern for both pro-social and pro-self-behavior, cooperation
conflict style is typically used when an individual has elevated interests in their own
outcomes as well as in the outcomes of others. During conflict, cooperators collaborate
with others in an effort to find an amicable solution that satisfies all parties involved in
the conflict. Individuals with this type of conflict style tend to be highly assertive and
highly empathetic at the same time. By seeing conflict as a creative opportunity,
collaborators willingly invest time and resources into finding a win-win solution.
According to the literature on conflict resolution, a cooperative conflict resolution style is
recommended above all others (Sternberg & Dobson, 1987; Jarboe & Witteman, 1996)
5. Conciliation conflict style

Conciliation or compromising conflict style is typical of individuals who possess an
intermediate-level of concern for both personal and others‘ outcomes. Compromisers
value fairness and, in doing so, anticipate mutual give-and-take interactions. By
accepting some demands put forth by others, compromisers believe this agreeableness
will encourage others to meet half-way, thus promoting conflict resolution (van de Vliert
& Euwema, 1994). This conflict style can be considered an extension of both yielding
and cooperative strategies.
Page 111 MKU

Models of Conflict Management
There have been many styles of conflict management behavior that have been researched in the
past century. One of the earliest, Mary Parker Follett (1926/1940) found that conflict was
managed by individuals in three main ways: domination, compromise, and integration. She also
found other ways of handling conflict that were employed by organizations, such as avoidance
and suppression.
Early Conflict Management Models
Blake and Mouton (1964) were among the first to present a conceptual scheme for classifying
the modes (styles) for handling interpersonal conflicts into five types: forcing, withdrawing,
smoothing, compromising, and problem solving.
In the 1970‘s and 1980‘s, researchers began using the intentions of the parties involved to
classify the styles of conflict management that they would include in their models. Both Thomas
(1976) and Pruitt (1983) put forth a model based on the concerns of the parties involved in the
conflict. The combination of the parties concern for their own interests (i.e. assertiveness) and
their concern for the interests of those across the table (i.e. cooperativeness) would yield a
particular conflict management style. Pruitt called these styles yielding (low assertiveness/high
cooperativeness), problem solving (high assertiveness/high cooper ativeness), inaction (low
assertiveness/low cooperativeness), and contending (high assertiveness/low cooperativeness).
Pruitt argues that problem-solving is the preferred method when seeking mutually beneficial
options.
Khun and Poole’s Model
Khun and Poole (2000) established a similar system of group conflict management. In their
system, they split Kozan‘s confrontational model into two sub models: distributive and
integrative.
Distributive - Here conflict is approached as a distribution of a fixed amount of positive

outcomes or resources, where one side will end up winning and the other losing, even if
they do win some concessions.
Integrative - Groups utilizing the integrative model see conflict as a chance to integrate
the needs and concerns of both groups and make the best outcome possible. This model
has a heavier emphasis on compromise than the distributive model. Khun and Poole
found that the integrative model resulted in consistently better task related outcomes than
those using the distributive model.
Page 112 MKU

DeChurch and Marks’s Meta-Taxonomy
DeChurch and Marks (2001) examined the literature available on conflict management at the
time and established what they claimed was a "meta-taxonomy" that encompasses all other
models. They argued that all other styles have inherent in them into two dimensions - activeness
("the extent to which conflict behaviors make a responsive and direct rather than inert and
indirect impression") and agreeableness ("the extent to which conflict behaviors make a pleasant
and relaxed rather than unpleasant and strainful impression"). High activeness is char acterized by
openly discussing differences of opinion while fully going after their own interest. High
agreeableness is characterized by attempting to satisfy all parties involved
In the study they conducted to validate this division, activeness did not have a significant effect
on the effectiveness of conflict resolution, but the agreeableness of the conflict management
style, whatever it was, did in fact have a positive impact on how groups felt about the way the
conflict was managed, regardless of the outcome.
Rahim's meta model
Rahim (2002) noted that there is agreement among management scholars that there is no one best
approach to how to make decisions, lead or manage conflict. In a similar vein, rather than
creating a very specific model of conflict management, Rahim created a meta-model (in much
the same way that DeChurch and Marks, 2001, created a meta-taxonomy) for conflict styles
based on two dimensions, concern for self and concern for others.
Within this framework are five management approaches: integrating, obliging, dominating,
avoiding, and compromising. Integration involves openness; exchanging information, looking for
alternatives, and examining differences so solve the problem in a manner that is acceptable to
both parties. Obliging is associated with attempting to minimize the differences and highlight the
commonalities to satisf y the concern of the other party. When using the dominating style one
party goes all out to win his or her objective and, as a result, often ignores the needs and
expectations of the other party. When avoiding a party fails to satisfy his or her own concern as
well as the concern of the other party. Lastly, compromising involves give-and-take whereby
both parties give up something to make a mutually acceptable decision.
10.8 Steps in conflict resolution
Steps to Manage Workplace Conflict

The workplace is often filled with different per sonalities from diverse backgrounds and with
different education levels and skills. When people have diff ering ideas regarding a situation in
Page 113 MKU

the workplace, conflict may result. Good managers deal with workplace conflict in a quick,
effective and neutral manner to restore order and get employees back to productive tasks.
Identification
If you don‘ t know there is a problem, you know how to deal with it. Managers must have
methods of identif ying workplace conflict, whether it is an open-door policy to discuss problems
or an anonymous suggestion/note box. In identifying the problem, the manager needs to know
who is involved and gain information about what led to the problem in the first place. During the
identification process, it is imperative that managers use active listening when communicating to
all parties involved in the conflict. To get a full picture of the problem, take each side‘ s story in a
closed office away from other employees, especially those involved.
Assessment
Assessing the impact of the conflict on workplace morale and productivity is essential for
creating an effective solution. If the conflict is affecting an entire department, great financial loss
may result from the problem. On the other hand, if it is a smaller issue between two people, the
ramifications of the conflict may be lesser and possibly easier to manage.
Action
Create an action plan that deals with the conflict based on all information and assessments
gathered. An action plan may be disciplinar y action for inappropriate behavior or placing
individuals on different teams, where they will no longer be in constant contact with each other.
The actions taken may affect future conflicts if policies are implemented that show a zero
tolerance for discrimination or inappropriate behavior. Additionally, when other employees see
there is a method for dealing with conflict and interpersonal issues, future conflict may be
addressed earlier, mitigating the negative effects on productivity.
Evaluation
Once the action plan is implemented, give it some time and evaluate the success. Ideally, morale
will be lifted, as will productivity. Check in with those who were in conflict and ask how they
feel about the situation. Effective conflict resolution will yield positive feedback in evaluations.
Sometimes, adjustments need to be made. It is the manager‘s job to continually assess the
situation and work toward a more amiable environment.
Steps to Manage
The first step is reactionary by assessing and reacting to the conflict. The second step is proactive
by determining how the employee reacted to the decision. The manager tries to take (create) a
new approach, and once again tries to discern how the employee reacts. Once the manager feels
that the best decision for the organization has been chosen, and the employee feels justified, then
Page 114 MKU

the manager decides if this is a single case conflict, or one that should be written as policy. The
entire process starts as a reactive situation but then moves towards a proactive decision. It is
based on obtaining an outcome that best fits the organization, but emphasizes the per ception of
justice for the employee. The chart below shows the interaction of the procedures.
Maccoby and Studder identify five steps to managing conflict.
1. Anticipate – Take time to obtain information that can lead to conflict.

2. Prevent – Develop strategies before the conflict occurs.
3. Identify – If it is interpersonal or procedural, move to quickly manage it.
4. Manage – Remember that conflict is emotional
5. Resolve – React, without blame, and you will learn through dialogue.
(Maccoby & Studder, p.50)
Review questions
i. Explain types of agreements
ii. Discuss the process of agreement
iii. What are some of the challenges in r eaching agreements?
iv. Explain the techniques of conflict resolution
v. What are the styles of dealing with conflict?
vi. Explain the stages of various models of conflict resolution
vii. Explain the steps in conflict resolution
Augsburger, D. (1992). Conflict mediation across cultures. Louisville, Kentucky:

Westminster / John Knox Press.
Machira, A. (2008). Working for Peace: New Thinking for Peace-building . Nairobi;
Acme Press.
Page 115 MKU

Appendix 1: Sample Test Papers
UNIVERSITY EXAMINATION
SCHOOL OF SOCIAL SCIENCES
UNIT CODE: BED3216 UNIT TITLE: CONFLICT RESOLUTION AND
MANAGEMENT
TIME: 2HRS
Instructions
This paper has two section: section A and section B

Section A had ONE questions which is COMPULSORY and carries 30 marks
Section B has FOUR questions which you are required to attempt any TWO
questions
The two questions in section B carry a total of 40 marks
SECTION A (30 Marks)

1. a) What is conflict (2mks)
b) Discuss the nature of conflict (5mks)
c) Discuss the levels and types of conflict we experience in the country (12mks)
d) Write short notes on the concept of neutrality in conflict resolution (6mks)
e) Differentiate between conflict resolution and conflict management (5mks)
SECTION B: (40 Marks) Answer any two questions in this section
2. a) Explain ethical practices in conflict resolution (10mks)
b) Describe the process of mediation in resolution (10mks)
3. Define coalitions and explain the benefits and limitations of working in coalition (20mks)
4. Discuss the role played by women in conflict situations in Africa (20mks)
5. Discuss the techniques used in conflict management that are necessary to break impasse
and reach agreement (20mks)
Page 116 MKU

UNIVERSITY EXAMINATION
SCHOOL OF SOCIAL SCIENCES
UNIT CODE: BED3216 UNIT TITLE: CONFLICT RESOLUTION AND

MANAGEMENT
END OF SEMESTER EXAMINATIONS TIME: 2HRS

Instructions
This paper has two section: section A and section B

Section A had ONE questions which is COMPULSORY and carries 30 marks
Section B has FOUR questions which you are required to attempt any TWO
questions
The two questions in section B carry a total of 40 marks
SECTION A (30 Marks)
1 a) Explain the various approaches of negotiation (5mks)
b) Define conflict resolution and explain its aims (5mks)
c) What are some of the challenges of reaching agreements in conflict resolution? (7mks)
d) Conflicts arise in the society or country due to some issues experienced in the society.
Discuss major issues in conflict (8mks)
e) State and explain the various types of arbitration (5mks)
SECTION B: (40 Marks) Answer any two questions in this section
2. a) What are the main components of reconciliation process? (8mks)
b) Explain how one can deal with power imbalances in conflict resolution (12mks)
3. Using examples explain the relationship between identity and conflict (20mks)
4. Discuss the implications of conflicts in the society (20mks)
5 a) Define disputes and describe any 3 types of disputes (8mks)
b) What is the importance of elders in conflict situations in developing countries?

(12mks)
Page 117 MKU

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Mount Kenya University

DEPARTMENT OF ECONOMICS AND DEVELOPMENT STUDIES

BED3216: CONFLICT RESOLUTION AND MANAGEMENT

Purpose: To equip learners with conflict management skills

Expected Learning Outcomes of the Course:

By the end of the course, students should be able to:-

CHAPTER ONE: INTRODUCTION

Definitions – Conflict, Conflict Resolution, Conflict management

CHAPTER TWO: CONFLICT PREVENTION AND CHARACTERISTICS

CHAPTER THREE: METHODS OF CONFLICT RESOLUTION: MEDIATION

CHAPTER FOUR: CONT; METHODS: NEGOTIATIONS

CHAPTER FIVE: ARBITRATION AND RECONCILIATION

CHAPTER SIX: NEGOTIATION, MEDIATION AND ADVOCACY BETWEEN

Social Policy: Effecting positive change

CHAPTER 7: ROLE OF DIFFERENT STAKEHOLDERS IN CONFLICT

CHAPTER 8: ETHICAL AND LEGAL ISSUES IN CONFLICT RESOLUTION

Page iii MKU

CHAPTER 9: APPROACHES TO CONFLICT RESOLUTION

CHAPTER 10: TECHNIQUES IN REACHING AGREEMENT

Continuous Assessment Tests (CATS) -20%

Recommended text books:

Text books for further reading:

Augsburger David W (1992), Conflict Mediation Across Cultures, Louisville Westminister

COURSE CONTENT AND OUTLINE ....................................................................................................... ii

Page vii MKU

Page viii MKU

By the end of this chapter, the learner should be able to:

i. Demonstrate understanding of conflict

1.2.2 Purpose of conflict resolution

Conflict resolution is aimed at:-

Alleviating or eliminating discord through conciliation

1.3 Conflict management

Conflict management includes the prevention, limitation, resolution or transformation of

Preventing conflict from breaking out or escalating

The purpose of conflict management, whether undertaken by parties in conflict or whether

Minimizing disruption stemming from the existence of a conflict and

1.4 Nature of Conflict

Is conflict always bad? Debate for and against conflict in organizations

•Functional conf lict

Dysfunctionally high conflict

1.5 Types of disputes

within families, such as between couples, parents and children, siblings

1.5.2 Personal disputes

A dry cleaner ruins your clothing, drapes, etc.

1.5.3 Workplace disputes

a) Organizational policies or programs aimed at identifying, preventing and managing the

1.6 Levels of conflict

Organization Page 8 MKU

Group Within and between groups: Intra-group & inter-group conflict

Individual Within and between individuals: Intrapersonal & interpersonal

Horizontal conflict : conflict between managers and subordinates

Vertical conflict : conflict between departments and work groups

Organizational and Interpersonal Conflict

Organizational conflict can be divided into intra-organizational and inter-organizational. Inter-

References for further reading

CHAPTER TWO: CONFLICT PREVENTION AND CHARACTERISTICS

By the end of this chapter, the learner should be able to:

i. Understand different sources of conflict

1. Structural conflict(conflict arising out of the need to manage the interdependence

1. Communicational (conflicts arising out from misunderstandings e.t.c)

Other Sources of Conflict in Organizations include ;-

1. Scarce resources : money, equipment, facilities

2.2 Outcomes of conflict

2.2.1 Positive outcomes