Preview

Mediation, Conciliation and Arbitration in Conflict Management

Best Essays
Open Document
Open Document
1421 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Mediation, Conciliation and Arbitration in Conflict Management
MEDIATION, CONCILIATION AND ARBITRATION IN CONFLICT MANAGEMENT

Outline
a. Introduction
b. Definitions of conflict
c. Conflict management
d. Negotiation, Mediation, Conciliation and Arbitration as in Conflict Management
e. Recommendation
f. Summary/Conclusion

Introduction
Conflict is a natural phenomenon in every human societal living. It exits whenever people or groups disagree over which goals or values to pursue and the method and timing to be adopted in that regard. Since conflict is inevitable, it must be properly managed to mitigate its effects on human society

Conflict
From a Latin word ‘pugna’ means ‘to clash or engaged in a fight’. It means a confrontation between one or more parties aspiring towards incompatible or competitive means or ends[1].
Conflict is said to be present when two or more individuals or groups pursue mutually incompatible goals. It is an inevitable aspect of human interaction (Renwick et al, 1982)[2].

Conflict management

It is an interventionist effort towards prevention the escalation and negative effects of ongoing violent conflicts. It also involves the efforts to prevent, limit, contain, or resolve conflicts, while building up the capacities of all parties involved in other to undertake peacebuilding.
It is based on the concept that conflicts are a normal part of human interaction and are rarely completely resolved or eliminated, but they can be managed by such measures as negotiation, mediation, conciliation, and arbitration. (de Rivera 2009:220)[3] is of the view that conflict management through negotiation and mediation, can help promote conflict prevention.

NEGOTIATION, MEDIATION, CONCILIATION AND ARBITRATION AS IN
CONFLICT MANAGEMENT
Negotiation, mediation, conciliation and arbitration are Alternative Dispute Resolutions (ADR) - In general, ADR refers to an approach to the resolution of conflicts that does not involve litigation and seeks an outcome at least minimally satisfactory to all parties concerned. ADR tends to

You May Also Find These Documents Helpful

  • Satisfactory Essays

    While the two most common forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. It is the preeminent mode of dispute resolution. Negotiation allows the parties to meet in order to settle a dispute. The main advantage of this form of dispute settlement is that it allows the parties themselves to control the process and the solution.…

    • 467 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Learning to communicate efficiently and manage conflict successfully is challenging. Gaining cooperation between people is complex and mentally demanding. Communication ways and conflict styles are deeply woven into our personalities. Conflict is the expressed struggle of interdependent parties who perceive incompatible goals, interference from the other party in achieving those goals, and the perception of scarce resources. Perceptions are just as important as reality in regards to conflict. As stated in the text, “we encounter conflict as we compete for acceptance, love, recognition, position, power, success, and many other goals. Judgments of the quality of conflict interaction depend on the perceptions and evaluations of the nature of the process and its outcomes by those affected” (McKinney, Kimsey, Della Noce, & Trobaugh, p.2).…

    • 1290 Words
    • 6 Pages
    Better Essays
  • Good Essays

    ADR Learning Team Charter

    • 1166 Words
    • 4 Pages

    Alternative Dispute Resolutions (ADR) is any method of resolving disputes other than by litigation. Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. The two major forms of ADR are arbitration and mediation; but we can also mention others such as settlement conferences, neutral evaluation.…

    • 1166 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The vast amount of causes for conflict and the ambiguity of each reaches an overwhelming total. The sort of a particular conflict is highly dependent on why the conflict has occurred, as individuals posses differing core values and beliefs. Conflict is born when aspects of individuals or groups clash. There are infinite aspects that make up an individual, but three remain prominent when it comes to tracing where conflict has originated from. Ideas, interests, and hopes or expectations of an individual are all integral factors that can lead to both small and large scale conflict.…

    • 818 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Encountering Conflift

    • 471 Words
    • 2 Pages

    Conflict is omnipresent for every individual regardless of time and place. It is a fundamental part of human existence, leading back to the earliest forms of conflict where our human ancestors competed with other species for survival tools such as food and shelter. Nowadays, conflict has developed into multitudinous forms – from merely debating what to have for lunch to global issues such as climate change. Without conflict, our experiences in life would undoubtedly be less dynamic and vibrant. Conflict is an essential factor to shaping our identity. Our relationship with conflict defines who we are because we learn to formulate our own opinions and values. Conflict is a natural element in the world and although we may not notice each and every single time it presents itself, conflict is a part of our everyday lives.…

    • 471 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Conflict is an inevitable occurrence of disagreement that tend to take place between or within individuals. It is triggered when one’s values and beliefs regarding their historical, cultural and religious aspects are challeneged. Most of the times conflict does occur between the powerful and the powerless. However, this is not the only case; conflict also exist within each individual, even though the circumstances are varied for each and every one of us. Thus, conflict is a matter that can be found between those in power and those who don’t, between individuals (interpersonal) and within individuals (intrapersonal).…

    • 865 Words
    • 4 Pages
    Good Essays
  • Good Essays

    * Our ability to fight and stir conflict is based upon the notion of a battle between differences. As humans, being different is what sets us aside, it is one of our greatest achievements. Yet this tendency to be different can also be one of our greatest flaws. In order for us to recognize where this conflict derives from, the origins of conflict must first be identified. Throughout our brief history, conflict between the occupants of this world have always been sparked through some facet of difference, these include: religion, ideology, political background, race, social standing, lifestyle and behavior. Whilst all of these facets vary in how they can be defined the one similarity that they all share is that in one individuals mind somewhere in the world, their facet of 'difference' is seen by them to be correct.…

    • 1443 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Conflict is an integral part of human nature, in which we all experience in our daily lives. The responses to conflict determine whether a resolution takes place, or whether the conflict at hand is perpetuated and escalated, to the point where a resolution is impossible. Persistence of conflict can occur due to religion and moral values. Intrapersonal conflict may arise, as one may seek to defend their religious values and morality, which can perpetuate a situation and cause the onset of other forms of conflict to result. The influence of gender roles in society can also cause a persistence in conflict to occur. Due to these factors, conflict generally persists and escalates, as opposed to being resolved. However, in some cases, individuals can prevent the persistence of conflict by employing rational and peacemaking strategies when encountering issues.…

    • 1018 Words
    • 3 Pages
    Good Essays
  • Good Essays

    “For good ideas and true innovation, you need human interaction, conflict, argument and debate” Margaret Heffernan. Conflict is a disagreement or argument and comes in many forms such as leadership, historical, family or relationships. Conflict never has a consistently positive or negative outcome in every situation. There are a broad number of results that may fit into the positive or negative classification but conflict may lead to the continuing of the conflict or a situation that may never change. Change may be the reason for the conflict that occurs. Although the word conflict has negative connotations you must recognise that a disagreement can have a positive aspect depending on the motives and expectations of those involved.…

    • 1031 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Conflict is defined as the consequence of real or perceived differences in mutually exclusive goals, values, ideas, attitudes, beliefs, feelings, or actions (a) within one individual (intrapersonal conflict), (b) between two or more individuals (interpersonal conflict), (c) within one group (intragroup conflict), or (d) between two or more groups (intergroup conflict). Conflict is dynamic. It can be positive or negative, healthy or dysfunctional (Sullivan 2013, 2009). According to Thomas (1992) conflict is “the process that begins when one party perceives that the other party has negatively affected, or is about to negatively affect, something that he or she cares about” (p. 653). Far from it, conflict is also constructive, as it can be catalytic to new ideas, progress and positive change and growth (Rahim 1986, White…

    • 3530 Words
    • 15 Pages
    Powerful Essays
  • Better Essays

    The Family Stone

    • 1797 Words
    • 8 Pages

    Conflict, according to Wilmot & Hocker (2011), is defined as an expressed struggle between at least two interdependent parties who perceive incompatible goals, scarce resources, and interference from others in achieving their goals.…

    • 1797 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Conflicts occur when people (or other parties) perceive that, as a consequence of a disagreement, there is a threat to their needs, interests or concerns. Although conflict is a normal…

    • 388 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The Quiet American Conflict

    • 2621 Words
    • 11 Pages

    * What are the reasons behind conflict between people? Is compromise always the best solution? Can it bring out the best in people? Listening? Understanding? Resolving? Conflict can also be solved by ‘winning’ – when one person’s wishes compromise another’s. Conflict can be avoided as well.…

    • 2621 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    Encountering conflict

    • 908 Words
    • 3 Pages

    “Peace is not absence of conflict, it is the ability to handle conflict by peaceful means,” this quote by Ronald Regan shows that conflict is an inevitable part of society. Conflict is a fundamental part of life and is always present for every individual throughout their everyday life. Encountering conflict means to face or handle conflict and the ways in which we go about trying to resolve it. Different types of conflict can be local, national, religious, political, economic or cultural. There are a number of reasons why conflict occurs; difference in beliefs, morals, religion and values, fear and unmatched expectations. Conflict has a number of different causes, consequences and ways it can be resolved.…

    • 908 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Conflict management

    • 1035 Words
    • 5 Pages

    Conflicts are natural and inevitable results when individuals work together, share diverse thoughts, concerns, perspective and goals. But what exactly is a conflict?…

    • 1035 Words
    • 5 Pages
    Good Essays