CONFLICT MANAGEMENT AND

PEACE BUILDING

PREPARED BY
LENA ODONG OYELLA
PSW-UGANDA PRISONS SERVICES-PATS
 INTRODUCTION TO CONFLICT

• Conflict is state of disharmony between two parties as a

result of incompatible ideas or interest
• Is a struggle over values and claims to scarce status, power
and resources- Lewis Coser
• Is an expressed struggle between at least two
interdependent parties who perceive incompatible goals
and interference from other party in achieving their goal.
• Conflict happens when people feel they have unmet needs-
WPDI definition
 CONFLICT ……..CONT

• Conflict does have two sides. It can be constructive or

destructive (good or bad)
• Conflict is a natural, vital part of life. When conflict is
understood it becomes an opportunity to learn and create. The
challenge for people in conflict is to apply the principals of
creative cooperation in their human relationships- Richard
Bodine, Donna Crawford &Fred Schrempf.
• The reasons and causes of the conflict must be understood in
order to know how best to resolve the conflict.
• Some conflict by its very nature cannot be resolved but it can
be contained and managed so that its negative impact cab be
reduced.
 TYPES OF CONFLICT
• Intrapersonal conflict: Conflict that occurs in an individual and
it’s not always easy to identify, but it can become apparent when
mood swings are present or depression is evident. Intrapersonal
conflict is also apparent when a person has trouble choosing
between two or more goals.
• Interpersonal conflict: Conflict or disagreement occurs between
two individuals.
• Intra-group conflict: Conflict between two or more members of
the same social group or team or organization. The level of intra-
group conflict is high when there is lack of
understanding/cooperation and misunderstanding between
individuals within the group.
• Intergroup conflict: Conflict occurs between various groups.
More than one group is involved in the conflict.
 CHARACTERISTICS OF CONFLICT
Characteristics of conflict; There are two main characteristic of conflict
which include;
Destructive Conflict(Negative-When the people in the conflict see each
other as the problem rather than the specific issues that created it)
• Leads to harmful behavior such as fighting, violence and killing
• Increases and sharpens difference
• Divides people and groups
• People see each other as a problem rather than the specific issue that
caused the problem
Constructive Conflict (Positive-where the underlying issue that gave
root to the conflict are identified and arrangements made among the
people in the conflict to find solutions)
 CHARACTERISTICS OF CONFLICT….cont.
• Results into clarification of important problems and issues
• Results in solution of a problem
• Involves people in resolving issues important to them
• Helps release emotions, anxiety and stress
• Creates or modifies rules, laws and institutions that are not
functioning well
• Creates an opportunity for balancing power in society
• Creates greater self-awareness and understanding of
conflict issues
• Leads to creation of friendship, alliances and coalitions
 SOURCES OF CONFLICT (SIRIV)
• Structural; Conflict caused by the unequal and unfair
distribution of power and resources, inherent power of
dominant groups, unequal political power, institutional power
exercised unfairly.
• Information: Lack of data and information, incorrect
information presented, misinformation, poor communication of
critical and important information, unclear communication.
Gossip and false stories can lead to conflict
• Relationship; Strong emotions, feelings about things in general,
repetitive negative behavior, stereotyping - of others or
yourself, unstable personalities, incompatible relationships in
the team, negative body language towards others, unfair
discriminatory conduct towards others. Bad relationships can
cause destructive conflicts
 SOURCES OF CONFLICT

• Interest: involves actual or perceived competition over

interests, such as resources, the way a dispute is resolved or
perceptions about fairness and trust, Failure to protect
interests or the threats to those interests causes conflict
• Values; ideological differences, conflicting belief systems,
differing standards applied based on social or ideological
preferences and imposing values of dominant group-
showing no respect for the rights of others.
CONFLICT APPROACHES
 CONFLICT APPROACHES

• Competitive: when there is a fight and the parties have different

interests and needs and claim opposing rights.
• Avoidance: to stay away from dealing with the problem
• Compromise: parties try to find middle ground to address conflict
• Appeasement: This is an approach that suggests that the parties try to
accommodate one another without dealing with the real issue.
• Problem solving: This is a joint solution focussed approach to conflict
CONFLICT AND POWER
 CONFLICT AND POWER (PARISM)
• Personal; it is any powerful and influential person who
can assist to resolve the conflict
• Associational; Influential organisations i.e. faith based,
civil society, sports organisations, political groups,
corporations or any organisational structure able to assist
in solving a problem.
• Resources; Any possession or something ready for when
needed or supply from which a benefit is produced for
example time, money, books, information and technology
• Information; Any form of communication and content
that is ethical, accurate and factual
 CONFLICT AND POWER

• Structure;It is a formal arrangement through which

power is used within a social setting for example state
organs, institutions, cultural formations with formal
power and formal social entities
• Moral; Any spiritual or faith-based group or person in a
religious and social cultural setting with moral authority
CONFLICT PHASES
 CONFLICT PHASES
• Pre-conflict; This is the period before the conflict. Everything appears
to be peaceful.
• Triggering event: Some event sparks the conflict. A conflict emerges
and sides begin forming. Differences between the parties affect how
they relate to each other. Each one blames the other
• Escalation: Hostilities deepen and others are drawn into conflict that
becomes destructive. One or more of the parties, worsen the conflict
which gets increased or spread like wild fire. Like
• Crisis; Destructive conflict increases and can turn violent leading to a
crisis. All conflict has its highest point, after the high point, there is
more pressure for it to be resolved
• Agreement, are intended to end the violent conflict and
constructively address and meaningfully transform conflict
 CONFLICT PHASES
• Implementation; The agreement usually has a program of action which
identifies who is responsible for implementation. Agreements always
contain clauses which state what must be done to end the conflict and
how to engage when there are disagreement
• Monitoring and Evaluation; Monitoring and evaluation of the
agreement usually by external parties and also sometimes with parties
who are in the conflict. There are sometimes joint monitoring and
evaluation teams made up of external and internal people
• Enforcement; The enforcement of the agreement between the parties is
important. Those who have the responsibility to enforce the agreement
must be credible and fair.
• Post Conflict; The post conflict period is when the open conflict has
ended. This is the period in which peace-building projects are
implemented. This is also a period in which conflict early warning; early
action systems must be activated
 COMMUNICATION & ACTIVE
LISTENING
• The way the receiver interprets the message cannot be controlled
by the sender and therefore the receiver has to ensure that the
message is sent in a proper manner
• Active listening is important in peace building work. One must
listen with an open mind and a warm heart to what the parties
have to say to; -
• Acknowledge that the speaker’s message has been heard
• Help the listener gain clarity on the content and emotion of the
message
• Help speakers to express themselves and to encourage them to
explain in greater detail understanding of the situation and what
they feel
 COMMUNICATION AND ACTIVE
LISTENING
Non-verbal communication on the other hand is a powerful tool of
communication. Nonverbal messages are often unconscious for both the
sender and receiver of the messages and yet they affect message
interpretation.
• Space – It is a good idea to give people space when talking to them
rather be in their face otherwise it is always perceived as being very
intimidating
• Lean forward – leaning in when talking to someone shows that you are
listening to them, especially when sitting down in conversation.
Leaning back may indicate to someone that you are not really
interested, don’t care or don’t find the conversation important
• Eye contact – Eye contact is one of those tips that may not be preferred
in some cultures but in American culture it shows respect, interest, and
attention to what others are saying
 COMMUNICATION & ACTIVE
LISTENING
• Try to relax- showing that you are relaxed rather than stressed or tense is a
good way of getting others to open up to you and also as a peacemaker
demonstrating that you are flexible and able to handle difficult situations
with a lot of ambiguity and complexity.
• Mirror other person’s body language - Having a similar kind of body
language to someone (if appropriate) is also a good way to show that you
are engaged with the other person and also that you understand what they
are saying.
• Keeping your arms open, rather than crossed - keeping your arms open
and palms up, rather than your palms down and your arms crossed is a
good way to show someone that you are open. We typically cross our
arms when we are uncomfortable in a situation, and crossing our arms
often has the appearance and gives off the vibe that we are really not open
to discussion. Keeping arms and palms facing up can help show your
readiness to talk
• Facial expressions – Narrowed eyes are associated with hostility in some in
cultures while wide open eyes are associated with warmth and interest
 PERCEPTION

• Perception is the ability to see, hear or become aware of something

through the senses
• The way in which something is regarded, understood or interpreted.
• How we see ourselves and how others see us; both of which impact
how we face conflict.
• People’s perceptions can lead to misunderstanding and conflict at
home, on the job or school. Perception is individual to each person
and while some people may share a mostly common perception of an
event, there will always be some subtle differences. Often, people will
have different perceptions of what occurred based on their
assumptions, impression of the messenger, expectations, culture, race
and ethnicity, gender and sexuality, experience and history
 PERCEPTION
• As powerful as our perceptions can seem to be, we still often fail to
notice that they exist at all. We overlook them as part of the equation
and the mindset we are working from. Only by bringing these to the
surface can we see things for what they truly are. Then, from this new
standpoint, we can decide if we want to keep them or change them. The
ability to clarify our perceptions is a skill we can all learn better so that
we are able to manage our conflicts more effectively
Focus on the here and now.
• Stay in the present moment
• Put aside those old long-harbored resentments.
Pick Out the Real Issues.
• It is a very easy practice to attribute our irritations to incorrect causes
• Be as certain as you can be that you and the other person are disagreeing
about the situation that is currently at hand.
• -If not, you both may be harboring much deeper issues.
 PERCEPTION
Seek out Common Ground.
• -Shift your attention to your shared end-goals. For instance: You
both agree that you want the bathroom to look nicer. This can
mean getting new scrubbing brush or replacing the floor
• Needs vs Wants.
• -It is better to be clear (at least with ourselves) about what is
negotiable, and what is not, so that we have a better chance of
getting what we truly need.
• Set Priorities in Order.
• -Separate your essential tasks from things you can come back to
another time.
• -For instance, as long as your teenager is getting the best grades
they can, you can live with an unmade bed, most of the time
 PERCEPTION
Hold accountability.
• -We need to be honest about our part in the conflict
• -If we take up some ownership of the issue, we feel more
motivated to try to cooperate and have a more insightful
sense of where to begin our discussions.
Reflect on the Positive Qualities.
• -Remember what you like about the person you are locked
in conflict with
• -Think about your colleague’s good work ethic, even if she
chews her gum loudly for your tastes.
 PERCEPTION CONT:
Keep an Open Mind.
• -Put aside what you have to say for the moment and
just listen
• -Ask more questions to gather information and to gain a
better understanding
• -Restate the key points to be sure you are both on the
same page.
Be Aware of Sensitive Issues.
• -We all have subjects, such as political or religious topics,
that trigger strong emotional feelings
• -Learn to acknowledge these issues without getting into
unnecessary conflict.
 PERCEPTION

• Stand in Your “Opponents” Space.

• -The best way to understand another person’s position is to
imagine ourselves in their place
• -Respect their needs and opinions
• -We can still work to understand someone else, even if we
still disagree on a few points
• -Stop telling people to calm down
 EMOTIONS
• A strong feeling deriving from one's circumstances, mood, or
relationships with others
• Emotions operate and affect the human body in many ways.
Emotions have a physical impact on our bodies as well as a
psychological role.
• Emotions affect how we think, feel, and behave, and this is true for
everyone! Emotions are an unavoidable part of our lives. Emotions
are complicated. First of all, there are a variety of emotions.
• We can have several emotions at the same time, even. We can be
excited about something, and also nervous in the same instance.
However, given that emotions are so fluid, our emotions can
change from one second to the next. Our excitement for
something can change to just nervousness and worry. This can be
caused or impacted by a thought, a situation, or an action.
 EMOTIONS CONT:
When we feel our needs are met, some of the emotions we
perceive as being positive include; -
• Excited
• Happy
• Calm
• Joy
• Motivated
• Carefree
• Comfortable
• Hopeful
• Cheerful
• Safe
 EMOTIONS CONT:
On the other hand, when our needs • Spiteful
are NOT met we can feel what we
perceive as “negative” emotions,
• Bitter
including; - • Defeated
• Anger • Overwhelmed
• Frustration • Nervous
• Bored
• Lonely
• Sad
• Hopeless
• Humiliated
• Exhausted
• Hurt
 EMOTIONS CONT:
Importance of Emotional Regulation
• Handling emotions in ways that don’t worsen conflicts can
help us to deal with them so that the chance of them
turning into destructive conflicts is removed. Using
constructive strategies for regulating our own emotions can
help us to better deal with conflicts.
Emotional intelligence refers to people's ability to monitor
their own and other people's emotional states and to use this
information to act wisely in relationships. Emotional
intelligence has five parts:
• Self-awareness: recognizing internal feelings
• Managing emotions: finding ways to handle emotions that
are appropriate to the situation
 EMOTIONS cont…..
• Motivation: using self-control to channel emotions toward a goal
• Empathy: understanding the emotional perspective of other
people
• Handling relationships: using personal information and
information about others to handle social relationships and to
develop interpersonal skills
• All emotions and regulation occur in the brain. The brain stem
controls our basic needs for survival, including the
fight/flight/freeze response. When we are in a situation of tension
or conflict, we get the instinct to fight, run away or freeze. The
brain stem is connected to the limbic system, or emotional center
of the brain, and so when we are in these situations, our
emotions also flood our brains, including the cerebral cortex,
cortex is the part of the brain that controls conscious thought; it
is where people experience 'thinking and feeling."
 EMOTIONS CONT:
• Sometimes the flight/fight/freeze response is necessary for
instance you are walking when suddenly a big branch
broke off the tree and falls right in front of you.
Examples of emotional regulations strategies can include:
• Journaling
• Exercising or going for a walk
• Talking with a friend or someone you trust
• Drawing
• Meditating
• Taking deep breath.
 NEGOTIATION:
• Negotiation skills are extremely valuable in helping people
in both shared and opposing interests to reach an
agreement. Negotiation is one of the most common
methods of communication between people. We
negotiation all of the time; every day with our family, with
our colleagues, and at commercial markets.
• Negotiation is a very common way of dealing with conflict.
Negotiation occurs when parties involved in a conflict want
to talk to each other to find solutions to their problems.
• The purpose of negotiation is to get a deal, or an outcome
that is better than what we would have otherwise received
had we not negotiated. We all negotiate for the sake of
being better off; no worse off!
 NEGOTIATION
• In successful negotiations, parties will each have a chance to
discuss the conflict from their perspective with a focus on
meeting interests and needs
• Negotiation should be used as a process to reveal all issues
and sources of conflict, and to brainstorm and agree upon
strategies to meet all parties’ interests and needs as related
to the conflict.
• Remember, the conflict may look different to everyone
involved; that doesn’t necessarily mean someone is lying.
People can have different perspectives in the same situation.
• The point of negotiation is to give everyone a chance to feel
heard and to move toward a solution everyone can agree
upon.
 NEGOTIATION
During the negotiation process, it is important to practice non-
verbal and verbal communication skills that we covered in
previous sessions in order to reach an understanding.
• Separating People and Issues: Separating the people from
the issues allows the parties to address the issues without
damaging their relationship. It also helps them to get a
clearer view of the substantive problem.
• Focus on Interests: When a problem is defined in terms
of the parties' underlying interests it is often possible to
find a solution which satisfies both parties' interests. Once
the parties have identified their interests, they must
discuss them together. If a party wants the other side to
take their interests into account, that party must explain
their interests clearly.
 NEGOTIATIONS:

• GenerateOptions: Only after a variety of proposals have

been made should the group turn to evaluating the ideas.
• Use Objective Criteria: Criteria should be both legitimate
and practical. Scientific findings, professional standards, or
legal precedent are possible sources of objective criteria.
One way to test for objectivity is to ask if both sides would
agree to be bound by those standards.
 NEGOTIATION
Advantages of negotiation
• Negotiation when successful will strengthen relationship
between parties
• Parties can make compromise and will all go back with
something and satisfied
• Leads to development of friendship
• Parties will share little resources like land
• Parties are able to solve their own problems between parties
Advantage of Negotiation
• It encourages interdependent between parties
• Parties explore many solutions to solve their problems
• The parties are in control of the negotiation process
 Negotiation Skills and strategies

• Good oral communication skills

• Good non-verbal communication skills
• Prior knowledge of tactics that a party will use
• Strategy to overcome the tactics of the other party
• Delay tactics to make the other gives up
• Exploiting disagreement among people in the other party
• Threatening and intimidating the other party so that they
give up
 Skills & strategies…..cont.
• Outright rejection of the demand of the other party
so that they soften
• Putting very high demands so that when you give up
you will still be left with something
• Walking away from the negotiation place
 Why negotiations always fail

• Inadequate preparation
• Poor listening and communication skills
• Putting put excessive demands to the other parties
• Pressures from outside
• Lack of clear strategy to counter the strategy of the other
 INTRODUCTION TO VIOLENCE
• Violence is behavior involving physical force intended or un intended
to hurt, damage, or kill someone or something.
• Physical force unlawfully exercised towards property or persons,
causing or intending to cause damage or injury
Violence can manifest in many forms;
• Physical- slapping, hitting, kicking etc.
• Sexual- Rape, defilement, sexual harassment
• Emotional / Psychological- Isolating someone from friends, making
threats to commit suicide etc.
• Economic violence- Controlling finances, denial to access of resources.
• Domestic violence- Between intimate relationships
 VIOLENCE
• Direct violence- involves the use of physical force like
killing, torture, beating, rape, sexual assault, verbal violence
• Cultural violence- the prevailing attitudes and beliefs that
we have been taught since childhood and that surrounds us
in daily life about power and necessity of violence
• Structural violence- When some groups, classes, gender etc.
are assumed to have or have access to resources,
opportunities than others. This unequal advantage is built
into the very social, political and economic systems that
govern societies, states and the world
Note:
• Cultural and structural violence causes direct violence.
• Violence is not inevitable and must not be confused with conflict.
 MEDIATION
• The act or process of mediating between parties, as to effect an
agreement or reconciliation. This process is usually managed by an
impartial third party.
• Mediation involves a third party or group to assist those in conflict to
resolve problems.
• Mediation is defined as the intervention in a conflict by an acceptable
third party who has limited or no authoritative decision-making
powers, who assists the involved parties to voluntarily reach a
settlement (Moore, Christopher 2003)
• It’s a form of alternative dispute resolution (ADR) which aims to assist
two or more disputants in reaching an agreement. In mediation the
parties determine the conditions of any settlement reached, rather
than accepting something imposed by a third party. The disputes may
involve the state, organizations, communities, individuals or other
representative with a vested interest in the outcome
 Considerations for Mediation
• Not all disputes land themselves to mediation. Factors relating to the
parties provide the most important determinants when deciding
whether or not a simple dispute lends itself to mediation. If the
parties are not ready and willing to mediate, mediation cannot take
place. If mediation takes place against the parties wishes, the process
will not work
• Another factor to consider when judging the suitability of mediating
a dispute is whether the parties have legal representation. If one
party does and the other does not then it’s not fair to mediate.
• The legal capacity of the parties is important in deciding whether
mediation is appropriate. A minor cannot enter a mediation session,
the same goes for a person with mental illness or disability that
would affect their decision-making ability
 Considerations for Mediation…cont
• Neither side wants investigations or court hearing
• When both parties want some control of the outcome of the
mediation and have the authority to settle the matter. In an event
that only one part wants to control the outcome of the mediation
then such a mediation should not continue
• Both sides need the opportunity to be heard in a safe environment
• The ongoing relationship between the parties is important to both
of them
• When the rights of both parties is fully respected and both parties
are willing to participate in the mediation
• When the mediator takes the time to explain the process so that
everyone understands
 MODELS OF MEDIATION.

1. Evaluative mediation;
This has somewhat of an advisory role in that its practitioners evaluate
the strength and weaknesses of each side’s argument and advises on
whether they should go to court by predicting what the judge would
decide based on the fact before him. The focus of this type of mediation
is on legal rights as opposed to interest and needs of the parties. This
sort of mediation is used largely in court-based mediation
• Advantages of evaluative mediation
• It’s a good way to evaluate the legal strength of a party’s position
• Often can be completed in less time than other type of mediation.
• Tends to lead to resolution that is based upon points of law
 EVALUATIVE MEDAITION
Disadvantages of evaluative mediation
• Often limits the focus on legal rights rather than the overall
needs and interest
• Outcomes tends to be more narrowly framed in legal terms,
there is less opportunity to address psychological interest.
• Greater possibility for misuse of mediator power due to the
evaluative role of the mediator.
• There is less opportunity for the parties to feel listened to
and acknowledged
 MODELS OF MEDIATION….cont
2. TRANSFORMATIVE MEDIATION
• Is to empower and assist the parties to recognize the need and
interest of the other parties. By allowing the parties to take
responsibility of resolving their own disputes, there is less
emphasis on reaching immediate resolution
• This is a step by step long term approach seeking to win little
victories of a time
• Transformative mediation process allows the parties to
positively change their relationship so that they can move
forward in a more positive way.
 MODELS OF MEDIATION….cont
Two pillars of Transformative mediation
• Empowerment, according to Bush and Folger, it means
enabling the parties to define their own issues and seek
solutions on their own
• Recognition means enabling the parties to see and
understand the other person's point of view -- to
understand how they define the problem and why they
seek the solution that they do. (Seeing and understanding,
it should be noted, do not constitute agreement with
those views.) Often, empowerment and recognition open
the way for a settlement.
 MODELS OF MEDIATION….cont

Advantages of transformative mediation;

• Allows for the greatest amount of self-determination.
• Allows the parties to learn about themselves and other parties,
assisting family to move forward where they were previously stuck.
• Provides the parties with new tools to resolves their own disputes
in the future.
• Can be powerful in elder, family and clan dispute as it can help
families be healing process and provide new skills to move forward.
• Not everybody desires relationships to be transformed, many people
just want to resolve the problem as quickly as possible
 MODELS OF MEDIATION….cont
3.Facilitative mediation;
This is the most widely used styles of mediation. Emphasis is placed on
trying to preserve the relationship between the parties. The mediator acts as
a facilitator of the process and allows the parties to develop their own
solutions based upon common needs and interests.
• Mediators here tend to avoid suggesting outcomes, believing that the best
agreements are crafted by the parties themselves.
Advantages of facilitative mediation
• Works well when the parties have vested interest in maintaining a
relationship.
• Focuses on identifying a wide range between the party.
• Allows for greater creativity in problems solving.
• Greater probability than evaluative mediation to promote trust and going
relationship.
 MODELS OF MEDIATION….cont

Advantages of facilitative mediation…cont

• Allows for early resolution of dispute before parties become
entrenched in their position
• Its therapeutic as it allows parties to say important things to one
another is a safe place
Disadvantages of facilitative mediation
• Might take longer to resolve than any style
• Requires skillful planning by mediator and understanding of
party’s interest.
• Sometimes difficult to get the disputing families, individuals to
buy into facilitative process, especially if the issues are not clearly
defined
 STAGES OF MEDIATION
1. Pre-mediation;
Mediators will frequently contact the parties or their
representatives after the parties have agreed to mediation, but
before the mediation takes place.
• The mediator uses this pre-mediation contact to achieve a
range of different objectives
• to check that the terms of the agreements to mediate have
been finalised;
• to explain the mediation process and to indicate how the
parties should prepare for the mediation;
• to deal with any issues relating to the exchange of
mediation statements or information or documents prior to
the mediation;
 STAGES OF MEDIATION

• to explain the requirement for an opening statement from

both parties and to agree who will make the first opening
statement;
• to check on the authority that the parties will have to
negotiate with a view to settling the dispute at mediation;
• to identify any other parties that may have an interest in the
outcome of the mediation and to consider whether or in way
they should be involved in the mediation process
• If necessary, to check language requirements of the parties,
and to agree on the arrangements for the mediation,
including dates, starting and finishing times, venues and
facilities, as well as anything that can help process to solve
the problem
 STAGES IN MEDIATION

2. Opening the mediation;

• The purpose of the opening stage of the mediation is to
ensure that the groundwork for an orderly and effective
process are laid and that the parties have a basic
understanding of the mediation process.
• The opening stage also provides an opportunity for the
parties to explain to the mediator and to one another how
they understand the issues in dispute and what it is they
hope to achieve in the mediation
• From the mediator’s first contact with the parties the
mediator works hard to establish respect and goodwill with
the parties and to demonstrate fairness, impartiality and
neutrality.
 STAGES OF MEDIATION

3. Opening statements;
The purpose of opening statements is for the mediator and
the parties to begin to develop an understanding of the
issues in dispute and to allow parties to ‘let off steam’.
4. Exploring and analysing the dispute;
The purpose of this phase of the mediation is for the
mediator and the parties to develop a full understanding of
the dispute, the positions, the needs and interest and the
parties’ goals for mediation.
 STAGES OF MEDIATION

This stage explores;

• The positions of all the parties on all the issues.
This at least indicates what the parties say they want. It is necessary,
however, to explore more deeply than this and to ascertain the
expectations of all parties on all issues.
• The underlying interests and needs of all parties.
This is the most important information that the parties and the mediator
needs to know. It is often a proper understanding of the real fears,
concerns and interests underpinning parties’ positions and expectations
that is the key to a solution
• The cause of conflict.
Generally, the dispute that is presented to a mediator is the
manifestation of an underlying conflict. Whilst it is necessary to resolve
the present dispute, it is short-sighted to ignore underlying cause
because, if they are not addressed, similar disputes tend to recur.
 STAGES OF MEDIATION

5. Creating options for consideration through;

• To assist the parties to develop and consider a wide and
creative range of options for possible agreement;
• Encourage parties to lower expectations. Explore the risks and
party’s worst alternative to a negotiated agreement, their
probable alternative to a negotiated agreement.
• To find joint, gains and mutually beneficial trades
• To identify, wherever possible, outcomes that, as far as practically
possible, meet the respective needs to the parties, i.e. win-win
outcomes.
 MEDIATION CONT:

What a mediator does to achieve this purpose

• Summarises the needs and interests of each party in relation to the
issues in dispute;
• Identifies common ground between the parties and narrows areas of
dispute;
• Focuses on shared values and goals
• Reflect back, offers proposals that the parties might have already
made at earlier stages of the process
• When appropriate, encourages brainstorming to expand the range of
options;
 MEDIATION CONT

• When necessary, encourages the parties to consider both

practical and process options for settlement
• Encourages the parties to use task teams to generate
options outside the main process
• Helps the parties to improve on rather than to oppose
ideas generated by the process;
• Monitors group dynamics to ensure full participation;
 MEDIATION CONT

Tentatively suggests options;

• Links issues and explores possible trades (e.g. mediator might
use hypothetical questions e.g. ‘what if ?… Or “would you be
prepared to re-consider your position on this issue if they
were to do the same on another issue?)
• seeks to challenge and expand parties’ mandates towards
settlement
• checks what offers and proposals the mediator may share
with the parties
choosing options and negotiating; The purpose of this stage in
the mediation is to assist the parties to bargain and to agree to
solutions that are practical, cost effective and maximise the
mutual satisfaction of the parties’ needs
 MEDIATION CONT

What a mediator does to achieve this purpose

• Assist the parties to develop objective criteria to measure
options for solution
• Helps the parties consider the options against objective
criteria and assist the parties to reduce the range of options.
• Exchanges offers and proposals, along with information
about interest, needs, position and priorities.
• Finalizing agreements; The purpose of this final stage of the
mediation is to assist the parties to reach agreement or to
confirm deadlock. With the parties’ agreement, the
mediator will define the difference between the parties and
any future process.
 MEDIATION CONT

What the mediator does to achieve this purpose

• Refers back all the issues;
• Checks that each of the issues has been addressed;
• Ensures that the agreement on each issue is understood;
• Checks that any action plans, responsible persons and
deadlines have been agreed upon
• Considers monitoring and evaluation and follow-up both
by the parties and the mediator
• Ensures that there are adequate provisions for dispute
resolution arising out of the agreement;
 ……………..CONT

• tries to ensure that the agreement will have appropriate

enforcement capability and that it will endure and will be
sustainable
• clarifies the status of the agreement, particularly whether
there is a need for approval and if so, at which point and by
whom.
• encourages the parties to sign the agreement if appropriate
 MEDIATION CONT:

• In the event of deadlock, the mediator;refers back to all the

issues;
• checks that each of the issues has been addressed and
identifies issues not properly handled;
• summarises the concluding state of the dispute on each issue
and clarifies the positions of the parties at the conclusion of
the process
• considers the way forward with the parties, encouraging
them to keep the negotiation open and offering them a way
back into mediation;
• Restates the terms of the agreement to mediate, in particular
confidentiality
 ROLES OF A MEDIATOR

• Follow-up after the mediation; The purpose of follow-up

is for the mediator to hear whether the agreement has
been successfully implemented and to receive feedback
• Convener; the mediator assists in contacting the other
party(ies) to arrange for an introductory meeting and
mediation itself.
• Educator; the mediator educates the parties about the
mediation process, other conflict resolution alternatives,
issues that are typically addressed, options and principles
that may be considered among others.
 MEDIATION CONT:

• Translator; when necessary, the mediator helps by

rephrasing or reframing communications so that they are
better understood and received.
• Questioner and Clarifier; the mediator probes issues and
confirms understandings to ensure that the participants
and the mediator have a full understanding
• Process Advisor; the mediator comes to be trusted to
suggest procedures for making progress in mediation
discussions, which may include caucus meetings,
consultation with outside legal counsel and consultation
with substantive experts
• Communication Facilitator; the mediator seeks to ensure
that each party is fully heard in the mediation process
 MEDIATION CONT

• Catalyst; by offering options for considerations, stimulating

new perspectives and offering reference points for
consideration, mediator serves as a stimulant for the parties
reaching agreement.
• Responsible Detail Person; the mediator manages and keeps
track of all necessary information, writes up the parties'
agreement, and assist the parties to implement their
agreement.
• Active listener; the mediator must listen with an open mind
and warm heart to what the parties have to say
• Show impartiality and objectivity; the mediator should not
be bias and make judgments or take sides
 TECHNIQUES FOR A MEDIATOR
• Techniques for the mediator
• Make sure you are prepared
• Establish and maintain credibility and trustworthiness with them,
Since the party(ies) is your fact-finder and decision-maker in
mediation. These are some of the attributes for your (and your
representative) to display, by word or action:
• Be firm but gentle. Don’t try to intimidate or humiliate anyone, or
pound on the table. It is not to your advantage to antagonize the other
side in mediation, nor for them to lose face. Don’t cross-examine.
Remember, you want to make it easy for them to see things your way!
• Make eye contacts; with every party in a mediation, not just the
representative. Remember that this is a rare chance to access the parties
directly.
• Listen, with few interruptions. Feedback occasionally what you heard
the other party say.
 TECHNIQUES OF A MEDIATOR
Look for opportunities to agree, or remark on shared
interests. Participants on the other side may be prepared to
view you as challenging, difficult or unreasonable – surprise
them! Questions should be posed in a manner not to produce
defensiveness on the other side.
• Keep any opening statement brief. The other side already
knows much of what you would say about the case. View
the opening statement less as an information-delivery
device and more of an opportunity to build credibility and
the other side’s trust
• Establish areas of overlap; by helping parties to reach a
position of compromise
 MEDIATION TECHNIQUES…. CONT

• Recognize the utility of private meetings (caucuses)

with the parties. Caucuses are tools for you to use to
test ideas, discuss matters that you do not want the
other side to hear, and to be frank with your
representative
• Exert pressure for a solution to be reached
• Recognize that strong emotions may emerge, and that
mediation offers a safe forum for expression of strong
feelings. Mediators are trained specifically to handle
emotions productively.
• Clarify the positions of the parties and translate into
terms that are clearly understood by all
 EQUALITY
Inequality is a big source of conflicts. Inequalities exist
and grow because some people believe that their culture
which may permit inequalities, is correct.
Women are usually the worst victims of inequality
because of cultural traditions.
To overcome those inequalities it is important to
understand that peace is only possible if we can treat
others with dignity and help those historically
disadvantaged to benefit from laws and systems to restore
dignity.
What is Diversity?
DIVERSITY
• The concept of diversity encompasses acceptance and respect. It means
understanding that each individual is unique and recognizing our individual
differences. These can be along the dimensions of race, ethnicity, gender,
sexual orientation, socio-economic status, age, physical abilities, religious
beliefs, political belief or other ideologies.
• It is the exploration of these differences in a safe, positive, and nurturing
environment,.
• It is about understanding each other and moving beyond simple tolerance to
embracing and celebrating the rich dimension of diversity contained within
each individual.
Benefit of Diversity.
 Creates inclusivity-everyone is valued and respected and dignity of everyone
acknowledged and recognized.
 All people irrespective of their background and language and clan origins
must be treated with respect and equality and in this way it provides a
multiplication of value to each other.
CONFLICT EARLY WARNING

Problem
 CONFLICT EARLY WARNING

• DETECTION: Conflict detected

• INTERPRETED: This conflict possibility is then interpreted and
analyzed to decide on an appropriate response.
• ACTION: Once the interpretation shows what the nature of the conflict
is then a strategy is worked out to prevent or limit the conflict.
• FEEDBACK: This system of communication is important to ensure the
information flows to the parties - remain constant. Conflict patterns and
challenges can be monitored and reported and then evaluated within a
communication network. The idea is to prevent the restarting of
conflict again. Like a fire that can restart if we do not ensure that all the
embers are dead.
 CONFLICT TRANSFORMATION

Definition:
Conflict transformation is the process by which conflicts such as ethnic
conflict are transformed into peaceful outcomes. It differs from conflict
resolution and conflict management approaches in that it recognizes ‘that
contemporary conflicts requires more than the reframing of positions and
the identification of win-win outcomes.
The very structure of parties and relationships may be embedded I a
pattern of conflictual relationships that extend beyond the particular site of
conflict. conflict transformation is therefore a process of engaging with and
transforming the relationships, interest, discourse and if necessary the very
constitution of the society that supports the continuation of violent
conflict.
 CONFLICT TRANSFORMATION

Reduce violence and increase justice:

Conflict transformation views peace as centered and rooted
in the quality of relationships. These relationships have two
dimensions: our face to face interactions and the ways we
structure our social, political, economical and cultural
relationships.
Conflict transformation suggest that a fundamental way to
promote constructive change on all these levels is dialogue.
Dialogue is essential to justice and peace on both an
interpersonal and a structural level
 PEACE

• Peace- Is freedom from disturbance; tranquility, calmness,

restfulness, quiet.
• Is a state of harmony, the absence of hostility.
All peace building falls within three main frameworks;
• Justice and healing
• Violence prevention, conflict response and transformation
• Structural and institutional change
 NEGATIVE & POSITIVE PEACE
Galtung negative and positive peace;
• Negative; refers to the absence of direct violence but
presence of indirect violence. When, for example, a
ceasefire is enacted, a negative peace will ensue. It is
negative because something undesirable stopped
happening (e.g. the violence stopped, the oppression
ended), but people still leave in fear
• Positive; refers to the absence of indirect violence and
structural violence and is the concept that most peace
researcher adopt. Positive peace is filled with positive
content such as restoration of relationships, the creation
of social systems that serve the needs of the whole
population and the constructive resolution of conflict.
PEACE TRIANGLE
 PEACE …………CONT
• Make: Period that involves all the processes to make
peace and this includes mediations, peace talks, conflict
resolution and all efforts to get an agreement
• Keep: Enforcement strategies, monitoring and evaluation
processes to maintain the peace. Period after an
agreement. Parties have to manage the conflict to keep
the peace .
• Build: All peace building process to ensure sustainable
development and prevent new violent conflict from
emerging again. Agreements are implemented and a full
range of actions are taken to make the peace sustainable
e.g. peace education, social and related activities to
promote peace.
 THANK YOU

THE END