Conflict Resolution Mechanism
Conflict resolution involves peace-making, peacebuilding, and confidence-building measures. But it is not all in the subject of conflict resolution mechanism. The subject under discussion is conflict resolution and solution of disputes by any means at disposal. The Center of discussion is conflict resolution and solution of disputes.
Outline:
- Negotiation
- Mediation
- Arbitration
- Litigation
- Miscellaneous means
Stepping aside brute forces and bringing soft-power and cultural cooperation is one of the types of conflict resolution. The cultural approach involves UNITED NATIONS, UNESCO, and other related organizations.
Ensuring security is objective for conflict resolution. That will lead to real and true peace.
Diplomacy, which ends with bargains, usually remains a part of conflict resolution.
• Conflict Avoidance:
Negative emotions attached to conflicts cause discomfort and distress, we may try to tamp them down, hoping that our feelings will dissipate with time. In fact, conflict tends to become more entrenched, and parties have a greater need for conflict resolution when they avoid dealing with their strong emotions.
Given these and other pitfalls, how can you set up a constructive conflict resolution process when dealing with conflict at work and other realms? Conflicts can be resolved in a variety of ways. Peaceful means of conflict resolution involve the following methods.
- Negotiation,
- Mediation,
- Arbitration, and
- Litigation.
• Negotiation:
In conflict resolution,
you can and should draw on the same principles of collaborative negotiation
that you use in business dealmaking. For example, you should aim to explore the
interests of underlying parties’ positions, such as a desire to resolve a dispute
without attracting negative publicity or to repair a damaged business
relationship. In addition, determine your best alternative to a negotiated
agreement. Negotiations must direct you to what you will do if you fail to reach an agreement, such as
finding a new partner or filing a lawsuit. By brainstorming options and looking
for tradeoffs across issues, you may be able to negotiate a satisfactory
outcome to your dispute without the aid of outside parties.
• Mediation:
In mediation, disputants enlist a trained, neutral third party to help them come to a consensus. Rather than imposing a solution, a professional mediator encourages disputants to explore the interests underlying their positions. Working with parties both together and separately, mediators seek to help them discover a resolution that is sustainable, voluntary, and nonbinding.
• Arbitration:
In arbitration, which can resemble a court trial, a neutral third party serves as a judge who makes decisions to end the dispute. The arbitrator listens to the arguments and evidence presented by each side, then renders a binding and often confidential decision. Although disputants typically cannot appeal an arbitrator’s decision, they can negotiate most aspects of the arbitration process, including whether lawyers will be present and which standards of evidence will be used.
• Litigation:
In civil litigation, a
defendant and a plaintiff face off before either a judge or a judge and jury,
who weigh the evidence and make a ruling. Information presented in hearings and
trials usually enters the public record. Lawyers typically dominate litigation,
which often ends in a negotiated settlement during the pretrial period.
Demerits of Binding Decisions:
Demerits of binding decisions are that there is no right of appeal thus erroneous decisions cannot be easily overturned. The awards of arbitration are not directly enforceable hence the need to seek judicial remedies for enforcement to take place which is known as an ‘action to confirm an award’ that leads to extra expenses hence negating the perceived notion that arbitration is less costly.
Analysis:
In general,
it makes sense to start off with less-expensive, less-formal conflict resolution
procedures, such as negotiation and mediation, before making the larger
commitments of money and time that arbitration and litigation often demand.
Conflict-resolution training can further enhance your ability to negotiate
satisfactory resolutions to your disputes.
Miscellaneous Means of Conflict Resolution
Peacebuilding measurements, confidence-building measures (
