Means of managing and resolving disputes

Identification of sources of a conflict

The sources of the conflict must first of all be identified. There may be a cause or several trigger factors to a conflict (see Causes/Factors/Sources of conflicts).

Analysis of the advantages and disadvantages of the different means of conflict prevention:

In this second phase, the conflict management and resolution cycle explores the different ways by which people attempt to manage and resolve conflicts in a more permanent way. The issue is to analyse the advantages and disadvantages of every approach as to whether:

  • The two parties in the conflict are in control or not
  • There is cooperation between the two parties in a conflict 
  • The conflict is being resolved or not  
  • The prevailing situation is I win/ you win or I lose /you lose or I win /you lose
  • There is understanding of oneself and of others
  • Critical thinking and problem-solving skills are being used 
  • There exists a logical framework for maintaining relations

Among the modes of conflict management, the following distinction can be made:

  • Force/authority (combat): the point of view of one party is imposed on the other. That logic means that might is always right: I win/you lose: however the problem remains unresolved.
  • Adjudication: it refers to a legal system operating in society. The judge decides – one wins/ the other loses –based on the law;
  • Arbitration: it is a case where two parties select one person, often a foreigner to handle the case and they both agree to abide by the decision arrived at. Here, the preferred option is to choose a  foreigner ;
  • Negociation: it is a situation where the two parties agree between themselves to resolve their differences. It prioritises the logic  according to which  « I win, you win » ; 
  • Mediation: it is a facilitated negotiation where the parties have agreed to permanently to resolve the conflict so as to take all the necessary decisions. The mediator simply guides the process. It gives priority to the « win-win » logic. He is also sometimes called  ‘‘facilitator’’;
  •  Reconciliation: it applies to a situation where there is a permanent solution to the problem and actual peace starts  thriving ;
  • Resolution: it applies to a mutual attempt to resolve the problem to the point where there is constructive change. This does not mean that the  situation has gone beyond the emotional phase ;
  •  Change: it is the highest form of jointparticipation. The two parties take a conscious decision to build fresh and better relations.

The negotiation, mediation, reconciliation, resolution and change are the most beneficial forms of conflict management by the parties.