Supplementary Notes CRIM 5

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Supplementary notes

What is the difference between dispute settlement and conflict


resolution?
Disputes are generally considered to be disagreements that involve negotiable
interests. Such issues can be settled through negotiation Links to an external
site., mediation Links to an external site., or adjudication Links to an external site.. They
are generally short-term and, given the right process, lend themselves to the
development of mutually satisfactory solutions.
Dispute settlement therefore refers to the working out of a mutually satisfactory
agreement between the parties involved. Dispute settlement is primarily concerned with
upholding established social norms (of right and wrong) and is aimed at bringing the
dispute to an end, without necessarily dealing with its fundamental causes.[1] Thus,
although the particular dispute might be settled permanently, another similar or related
dispute may arise again later if the underlying causes are still present.[2]

Conflict resolution is a more comprehensive approach based on


mutual problem-sharing between the conflict parties. Resolution of a
conflict implies that the deep-rooted sources of conflict are addressed,
changing behaviour so it is no longer violent, attitudes so they are no
longer hostile, and structures so they are no longer exploitative. The
term is used to refer both to the process (or the intention) to bring
about these changes, and to the completion of the process, so it is
difficult to avoid ambiguity about its precise meaning. The process of
conflict resolution includes becoming aware of a conflict, diagnosing
its nature and applying appropriate methods in order to:

 Diffuse the negative emotional energy involved.


 Enable the disputing parties to understand and resolve their
differences.
 Resolve the differences so as to achieve solutions that are not
imposed, which have been agreed by all the key parties, and which
address the root causes of the conflict.

A resolution process is based on the needs of the primary parties to a


particular conflict, rather than on the interests or assumptions of the
'resolvers'. This approach is seen to be in clear opposition to
traditional notions of power politics. The main objective of this
approach is that any conflict should not be viewed as a contest to be
won but as a problem to be solved. Box 5 summarizes the main
differences between the settlement and resolution approaches to
conflict.

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