1. Conflict Management – I Weeks Jan Brouwers Types of Conflicts and options to manage them

2. CONFLICT MANAGEMENT

3. Definition: conflict Disagreement between two or more parties resulting from a (perceived) incompatibility of goals, interests, perceptions or values Conflicts are a normal part of human interaction, and many conflicts can be managed positively (transformed)

4. Definition 2: conflict Conflict is an inevitable aspect of human interaction, an unavoidable part of choices and decisions. Only time really resolves conflicts, and even the wounds it heals leave their scars for future reference. But short of such ultimate healing, much can be done to reduce conflict and thereby release needed energies for more productive tasks” (ZARTMAN 1991: 299).

5. Crisis: danger but also an opportunity

6. Conflict typology Value Data or factNeeds or interest Structural Relationship

7. Data or fact conflicts Caused by: lack of information, spreading of inaccurate information or misinformation, different views on what are relevant data, different interpretations of available data, or different assessment procedures. Solution: reach agreement of which data are important, agree on data collection procedures, develop common criteria for data assessment.

8. Needs or interest conflicts Due to perceived or actual competition between interests that are: Substantive: eg the fishing grounds, the stock Procedural: eg incentives, fees or levies Psychological: eg environmental awareness Solutions: focusing on interests instead of on the positions, looking for objective criteria, developing integrative solutions addressing the needs of all parties, searching for ways of expanding options or resources, developing trade-offs satisfying interests of different strength, hence sharing the benefits of the project.

9. Structural conflicts Proceed from geographic, physical or environmental factors as well as time constraints that hinder co- operation. Caused by: lack of appropriate procedures and legislation, the general set up and role distribution of a situation, unequal power and authority in the decision-making process, negative patterns of behavior and interaction, the unequal control, ownership or distribution of resources. Solutions: clear definition and acceptance of roles and levels of authority, reallocation of rights and entitlements, relocation of the negotiation platform at a convenient distance from the field, the establishment of a fair, transparent and acceptable decision-making process.

10. Value conflicts Caused by cultural differences. Are part of the indigenous knowledge and at the basis of people choices and priorities. Ignoring value differences can cause a great deal of trouble Solutions: Parties should agree to disagree on their own values while looking for a common superior goal they can all share.

11. Relationship conflicts Most useless conflicts. Involve strong disagreement between deciders on the basis of strong emotions or dislikes, misperceptions or stereotypes, poor communication leading to an accumulation of wrong assumptions, and repetitive negative behavior. Solutions: install appropriate communication channels, people to learn to control their expression and build positive perception skills in order to develop a positive problem-solving attitude. The people with negative attitudes can be removed from their position or made harmless.

12. Conflict Process Conflict Intensity Time Dormant Full Fledge Stalemate Resolved Erupting

13. The conflict process: differences over time Potential/latent/dormant conflicts. Responses may include regulatory approaches, capacity development, relationship building Erupting conflicts, with positions being developed. Use a range of options, depending on the stage, the nature of conflict and relationship among parties (incentives, empowerment and advocacy, building negotiation skills and platforms) Resolved conflicts: make use of “social capital” gained Note that resource conflicts are rarely linear processes

14. Conflict Assessment: The legal and institutional context The existing institutions (formal and informal, government as well as traditional ) and the manner in which conflicts are resolved through those institutions, are also a likely factor in determining the applicability of conflict management approaches. May refer to formal doctrines that are dominant in certain regions of the world, as well as to cultural attitudes such as the importance of ‘saving face’.

15. Conflict management

16. Processes used in conflict resolution Conciliation Mediation Fact finding Negotiation

17. Options to handle conflict Advisory non-binding assistance. Shifts authority to outside experts Binding assistance. Passes authority completely to outside party Alternative Dispute Resolution. Reach for mutually acceptable resolution through a voluntary process Arbitration. Submit the dispute to an arbitrator, mutually agreeable to the parties

18. Options to handle conflict Collaborative planning or conflict anticipation. Parties work together in anticipation of a conflict and attempt to develop cooperative responses to future problems Conciliation. Third party communicates separately with disputing parties for the purpose of reducing tensions and agreeing on a process to resolve the dispute Conflict anticipation.

19. Options to handle conflict Consensus building an agreement is reached by identifying the interests of all concerned parties and then building an integrative solution (“win-win”) Mediation. Use a neutral third party Negotiation. A voluntary process in which parties meet face to face to reach a mutually acceptable resolution of a conflict

20. Options to handle conflict Non-binding arbitration. Impartial panel or person gives advisory opinion Partnering. Traditional adversarial relationships are replaced by co-operative relationships Procedural assistance.Procedural assistance in the communication process Substantive assistance. Mediator gets responsibility to identify solutions

21. Limits and risks Starting up a conflict transformation process raises expectations, so follow-up is necessary; Involves up-front financial and time costs, which cannot always be shown as effective investment; A powerful stakeholder may monopolise the process and coerce others; Some dormant conflicts may erupt when explicit attention is given; Conflict may not be transformed easily; some conflict management may be required for a loooooooooong time; “Solutions” may generate another conflict; ………………….can you think of any more???

22. Conflict management - limits & risks Consultation raises expectations, so follow-up is necessary Involves up-front financial and time costs, which cannot always be shown as effective investment A powerful stakeholder may monopolise the process and coerce others Some dormant conflicts may erupt when explicit attention is given Conflict management cannot resolve all conflicts! There are limits to what can be done