Tuesday, 25 December 2012

UNDERSTANDING CONFLICT IN MEDIATION



THE NATURE OF CONFLICT
It is  appropriate to begin the study of mediation with an examination of the nature of conflict
and the principles of conflict resolution which underlie the mediation process. We will first attempt
to understand conflict, then examine the need to manage conflict through negotiation and finally
study mediation as assisted negotiation to resolve conflict effectively. This becomes necessary because
how we understand conflict determines the way we will mediate.
Life comprises of several differences between and among people, groups and nations. There are
cultural differences, personality differences, differences of opinion, situational differences. Unresolved
differences lead to disagreements. Disagreements cause problem. Disagreement unresolved become
dispute. Unresolved disputes become conflicts. Unresolved conflicts can lead to violence and even
war. This is called the continuum of tension and is often illustrated by the following chart:
CONTINUUM OF TENSION


We will study the nature of Conflict in three broad dimensions. (1) The sense of threat which drives
it (the Conflict Core).  (2) What happens when it escalates (the Conflict Spiral). (3) The three primary
aspects of conflict that mediation needs to address (the Conflict Triangle). Understanding these
dimensions will help us understand our own approaches to conflict as well as those of the parties we
deal with.
THE DIMENSIONS OF CONFLICT
1) THE CONFLICT CORE
The Conflict Core diagram shows how at the very core of any conflict, there lies a sense of
threat concerning individuals, groups, communities or nations. This sense of threat emerges
when any disagreement, annoyance, competition or inequity threatens any aspect of human
dignity, personal reputation, physical safety, psychological needs, professional worth, social status,
financial security, community concerns, religious membership  or national pride. This list is not
exhaustive and only indicates broad areas of threat. By the time parties get to the negotiating or
mediation table, they are threatened both by the opposite side and within themselves! There is
fear, suspicion, helplessness, frustration, embarrassment, anger, hurt, humiliation, distrust,
desperation, vengeance and a host of mixed emotions that need to be addressed. Failure to
address these emotions  will prevent   the parties  from resolving their dispute.

2) THE CONFLICT SPIRAL
When a given conflict intensifies, the initial tensions start spiralling outwards, affecting
individuals, relationships, tasks, decisions, organizations and communities. This outward
manifestation of the conflict is called the Conflict Spiral.
Personal responses.   The stress of conflict provokes strong feelings of anxiety, anger, hostility,
depression, and even vengeance in relationships. Every action or in-action of the other side
becomes suspect. People become increasingly rigid in how they see the problem and in the
solutions they demand. It can be difficult for them to think clearly. Hence what the parties really
need is a forum which will understand and address their emotions and not just their dispute.
Without  emotions being addressed it is difficult  to find  real solutions.
Community responses.  Emotions have a vital community and cultural context, even though
individual responses may not always be the same for all members of the same culture or
community. Any dispute takes colour from its community and cultural context. When the dispute
begins to affect those around it, people may take sides or leave. Communities and families get
polarized when the dispute involves a family or community member. However, a solution for a
family dispute in one part of the country may not necessarily be perceived to be the solution in
another  part of the country. Similarly, a solution in the context of a metropolitan urban city may
not be the same as for a rural area. A solution for a voluntary organisation working with education
may not be the solution for an information technology firm.
Legal advice. Legal advice  often becomes important in a conflict.  This may add to the increasing
tensions and inability of parties to control the situation themselves.  Through process of
interaction between the parties, assisted by a neutral person, a possible solution acceptable to
all can be evolved.
Conflict becoming public
Sometimes the conflict becomes public.  Each side develops rigid positions and gathers allies
for the cause. The conflict may spread beyond the original protagonists' control.  It may also
attract public and media attention. The relationships of the old and new protagonists become
more complicated.  Resolving the original conflict therefore becomes more difficult.
3) THE CONFLICT TRIANGLE
The Conflict Triangle arranges the three primary aspects of  Conflict namely: the People, the
Process and the Problem into three sides  of the triangle.  This Conflict Triangle becomes the


basic framework  to understand and address conflict. Elements of each side of this Conflict
Triangle  differ from person to person, situation to situation and problem to problem requiring
different solutions.
1. People. Dealing with any conflict involves dealing with people. People come from different
personal, social, cultural and religious backgrounds. They have their own individual personalities,
relationships, perceptions, approaches and emotional equipment to deal with varying situations.
2. Process. Every conflict has its own pattern of communication and interaction between and
among all the parties.  Conflicts differ in the way each one intensifies, spreads and gets defused
or resolved.
3. Problem. Every conflict has its own content. This comprises of all the issues and interests of
different parties involved, positions taken by them and  their perceptions of the conflict.

GOING BEYOND MERE PROBLEM-SOLVING
If the parties are able to address each side of the conflict triangle, easing their emotional state,
changing their ways of interacting and addressing the problems which threatened their core interests,
then the conflict is not merely resolved, but mindsets and hearts change. It is in this sense that
mediation at its best goes beyond mere problem-solving or managing a conflict.
CAUSES OF CONFLICT AND ADDRESSING THEM
The first step in resolving conflict is identifying its cause. Once the cause has been identified, the
next step is to evolve a strategy to address it. 
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