Lecture Nine: Conflict Resolution

Front 1

Negotiation

Back 1

A tool for conflict resolution involving a communicative process between two or more parties. It usually includes external groups that are no party to the conflict.

The goal of negotiations is to reach an agreement.

In order for negotiations to be successful, parties need to:

-identify their needs, wants, and interests of all parties to the conflict

- Decide what constitutes a gain (are losses valued more than gains?)

-Understand other parties' positions

-Establish a normative concept of justice

-Establish responsibility for negotiated elements (distribution of power and accountability).

Front 2

Distributive Negotiation

(Batna)

Back 2

A tool for conflict resolution involving a communicative process between two or more parties wherein the parties to the negotiation perceive a "win-lose matrix." Parties are interested in gaining as much as possible.

Batna identifies the aim of distributive negotiation is to identify the best alternative to the negotiated agreement, or to establish the best possible position to hold if negotiations fall apart (which is between attaining nothing, and having to deal with an imposed solution).

Front 3

Integrative Negotiation

(Parker-Follet)

Back 3

A tool for conflict resolution involving a communicative process between two or more parties wherein a win-win situation is sought. Parties seek as many mutual and interest-based gains as possible.

Parker-Follet writes that the conflict becomes constructive towards enhanced, or new relations between the two parties

Front 4

Saner's 4 Phases of Negotiation

Back 4

1. Warming up: getting to know each other

2. Presenting positions

3. Edging Closer: negotiating, compromising, establishing options

4. Concluding or Breakdown: finalize the agreement or walk away or deadlock

Front 5

Shadow Negotiation

(Kolb and Williams)

Back 5

There are two levels of negotiation:

1. Visibile negotiations: the issues that are openly presented for negotiation

2. Invisible: underlying or secretive dynamics of the negotiations including hidden agendas or unknown other players/factors

Front 6

Uneven Table

Back 6

A situation arising in the process of negotiation wherein one side lacks negotiation abilities, competency, experience, authority, o the capacity to bind.

This inequality could result from many things including issues of race, gender, geography, and education.

Front 7

Multiparty Negotiations

Back 7

Negotiations where coalition dynamics are at play (i.e. UNGA). Constructive coalitions (i.e. G77) may emerge. There is less cost or gain for any one actor within these kinds of negotiations.

Front 8

Mediation

Back 8

A tool for conflict resolution wherein a third party facilitates negotiations. This might be a go-between mediator, or an intervener who is not necessarily welcome. Consequently, mediation may not transform the relationship between conflicting parties, and instead only result in separating the two sides.

Mediation is chose as a tool when the situation is desperate, sides want to settle, or there may be benefits.

Front 9

Narrative Mediation

Back 9

A tool for conflict resolution wherein a third party facilitates negotiations that attempts to "change the story" of the conflict.

This might involve establishing a "joint narrative," or building a third narrative through engagement (what is each parties' story); Externalizing (understanding the other/opposing parties' story); Building an alternative (what's a story we can agree on?)

Front 10

Insight

Back 10

Something a mediator may need to provide over the course of a mediation that will help parties to understand the deeper issues or causes that underly the conflict.

Front 11

Culture

Back 11

A societal element that impacts mediations through the culture of the parties to the conflict and the mediator, which - depending on the context - could conflict or converge.

The cultural context of the mediation is also important because the history of the current narrative likely contains cultural nuances, or other specificities like metaphors.

Therefore, the mediator needs to have a philosophical grounding wherein their views, and proclivities towards mediating are well understood and checked appropriately. Further they must be acknowledged int arms of the parameters and paradigms of the parties themselves (will they parties involved respond to democracy? Consensus-based resolutions? etc.)

Front 12

Arbitration

Back 12

In terms of mediation, a binding decision for a ll parties. It is legal - mediated arbitrations are carried out by institutions such as the WTO.

Mediated arbitrations are usually fast, binding, and deal with simple issues.

Arbitration is not useful for big issues like identity and politics.

Front 13

Roots of Adjudication

Back 13

Religious law

Civil law

Common law

Criminal law

Courts

Front 14

Authoritative Allocation

Back 14

A tool for conflict resolution wherein power is given to someone or some group to resolve a conflict: increasingly, those chosen are technocrats or specialists such as diplomats.

Modes:

Direct Democracy --> everyone votes on a solution

Referendum (binding) --> vote that binds government/representation to a public decision

Plebiscite (non-binding vote)

Front 15

Traditional Processes of Conflict Resolution

Back 15

Examples:

- Circles, Palaver, Gacaca, Bashingantahe

Otherwise, these are alternative dispute resolution mechanism (alternative to Western models)

These mechanisms may be used when they match the traditions of a society and therefore may be better able to manage, transform, or resolve serious identity-based conflicts.

May involve: public offenders, restorative justice

Concerns:

- often male-dominated

- tend to be at the bottom of the justice model

- power of offenders is sometimes perpetuated informally or locally