GSP 2206: PEACE STUDIES AND CONFLICT RESOLUTION

MOLULE 4: COFLICT MANAGEMENT – ALTERNATIVE DISPUTE

RESOLUTION SPECTRUM

AUWAL INUWA BELLO, Ph. D

Department of Special Education
Bayero University, Kano

4.1 Introduction

Conflict is a reality of social life and exists at all levels of society. Actually conflicts are as
old as the world itself. We learn from history about individuals being in conflict with each
other because of various reasons. The trend has not changed even today. Individuals, villages,
tribes, political parties, nations and other types of groupings engage in conflicts. Practically
each of us has in one way or the other been involved in conflicts either at family level,
workplace, and many other places.

Generally, a conflict exists when there is an interaction between two or more individuals,
groups or organizations where at least one side sees their thinking, ideas, perceptions,
feelings or will contradicting with that of the other side and feels that they cannot get what
they want because of the other side. The existence of a conflict shows that something in a
relationship or the whole relationship between involved parties cannot continue as it was. It is
an opportunity for adjustment and for constructive change.

In everyday life, however, we tend to experience conflict as something painful which we

would rather avoid, neglect or forget about. Sometimes, for these reasons, we accuse others
of “disturbing the peace” when they try to protect their interests and needs. A good example
is the conflict between the civil society and the government on issues like shortage of fuel,
quota system, academic freedom etc. In other cases we use conflicts to confront others with
our ideas, our own interests or use our power to impose these ideas on them.

Rarely are conflicts perceived or used as an opportunity to reach a higher degree of

satisfaction in relationships. The conflict referred above was an opportunity for the two
parties to enhance their relationship. We certainly learn the mechanism of dealing with
conflicts more or less constructively in our life time. Conflict transformation is a more
systematic approach, one that makes use of our experience and wisdom. Knowledge about
the nature of conflict is used to develop systems, instruments and skills that can help us gain a
better understanding of conflicts and deal with them more satisfactorily.

There have been various views about the concept of conflict among people in social setting.
Robins (2003) cited in Bambale (2006) identifies three different views about conflict
representing divergent schools of thought. The Traditional School view all conflicts as bad
and therefore must be avoided: there is the Human Relation School which views conflict as
natural and inevitable outcome in any human setting: and finally the Interactionist School
which views conflict as a necessary phenomenon for effective performance, Innovation and
growth.

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4.2.1 Meaning of Conflict
It is important to know that conflict is always a pointer to something deeper or hidden. There
are two things that conflict points to. First, conflict can point to a fundamental
disagreement concerning the means or objectives an organization or a group intends to
pursue. Conflicts of this kind are said to be substantive. Second, conflicts can also point to
interpersonal difficulties that arise over feelings of anger, mistrust, dislike, fear, resentment,
etc. Conflicts of this nature are said to be emotional, they are to do with “clash of
personalities”. Whenever there is conflict, it is important to find out whether the conflict is
substantive or emotional. However, substantive conflicts can eventually give rise to
emotional conflicts. For example, in situations of glaring economic disparities, some people
might be hated not because of their personal wrong doing, but because of belonging to a class
that is seen to be exploiting others. Again, emotional conflict can take wider dimension if
people involved are leaders.

Robbins and Coulter (2000) refer conflict as perceived incompatible differences that result in
interference or opposition. In fact, not all conflicts are bad as has been portrayed by some scholars. A
conflict can either be competitive (dysfunctional) or cooperative (functional). Bambale (2006) cited
Tjosvold (1993) who contrasted competitive and cooperative conflict as: The assumption that conflict
is based on opposing interest leads to viewing conflict as a struggle to see whose strength and interests
will dominate and whose will be subordinated. We must fight to win, or at least not lose. The
assumption that you have largely cooperative goals leads to viewing the complicit as a common
problem to be solved for mutual benefit, which in turn makes it more likely that the conflict will be
constructive and that people will improve their abilities to deal with conflict.

Despite its application to a variety of situations, the definition of conflict has traditionally
been relegated to competition for resources or other interests, value differences or
dissatisfaction with basic needs. Incompatible economic and political interests develop an
attempt to suppress other groups often with threats and actual use of force (Jeong, 2010). The
dissimilarity in the interests, thought processes, needs, attitudes of individuals result in a
conflict. It is defined as a clash among individuals resulting in verbal disagreements, physical
abuses and tensions.

4.2.2 Sources of Conflict

There are a number of sources out of which conflicts arise. The following are common:

i. Political sources:-power struggles, differences in ideologies, etc.

ii. Religious sources: - power struggle, differences in doctrine, etc.
iii. Cultural conflict:- when two cultural traditions compete for dominance
iv. Economic privileges:-where some people feel marginalized
v. Natural resources e.g. land, etc.

These sources can be interlinked in many cases, for instance, political power easily makes
people have control over resources and economy (CMD, 2005).

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4.2.3 Types of Conflicts

Conflicts are classified as follows:

i. Intra-personal conflicts: Conflicts within a person, psychological conflict,

decision making conflict in one person. Though these conflicts may play a part in
social conflicts, they are not the subject matter of conflict transformation work but
more of a concern of therapy or counselling
ii. Inter-personal conflict: Conflicts between two or a small number of people
without groups building up around one side.
iii. Intra-group conflicts: Conflicts within smaller (team, organization, family) or
larger groups (religious community, within elites in a country). Here group
dynamics add to the normal dynamics of inter-personal conflicts.
iv. Inter-group conflicts: Conflicts between groups, like organizations, ethnic
groups, political parties
v. Inter-national, inter-state conflicts: Conflicts between two or more countries,
states.

4.2.4 Causes of Conflicts

The discourse about the problem of conflict is very often limited to one or very few causes.
This is part of the dynamics of conflicts and it tends to limit the perspectives of those
involved. It is important however to understand the root causes of each conflict. There can be
so many causes but some of the causes include.

i. Data/Information Conflict, This type of conflict results from strong emotions,

stereotypes, miscommunication and repetitive negative behaviour. It is this type of
conflict which often provides fuel for disputes and can promote destructive
conflict even when the conditions to resolve the other sources of conflict can be
met.
ii. Value Conflict, This conflict arises from ideological differences or differing
standards for evaluation of ideas or behaviour. The actual or perceived differences
in values do not create conflict. It is when values are imposed on groups or groups
are prevented from upholding their value system that conflict arises.
iii. Structural Conflict, This is caused by unequal or unfair distribution of power or
resources perpetrated or justified by established institutions or structures e.g. the
informal and formal structures in an organization, party etc.
iv. Interest Conflict, This involves perceived or actual competition over interests,
such as resources, perceptions of trust and fairness. An analysis of the different
types of conflicts the parties are dealing with helps the intervener to determine
strategies for effective handling of the disputes (CMD, 2005).

4.3 Alternative Dispute Resolution

4.3.1 Basic Introduction to Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR) is defined as encompassing all legally-permitted

processes of dispute resolution other than litigation (Ware, 2001). It is also seen as an
umbrella term that refers generally to alternatives to the court adjudication of disputes such as
negotiation, mediation, arbitration, mini-trial and summary trial. ADR is also known as

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appropriate dispute resolution or amicable dispute resolution (Nolan-Haley, 2008). Like
many concepts, hardly do we find a uniform definition of ADR. Though, there are common
elements in the above three definitions. Since definitions in general do not offer a
comprehensive nature of a subject, it is appropriate to describe the essential elements of this
institution.

4.3.2 Description of ADR

i. ADR as a Legal Institution: - ADR is a product of the legal institution to offer the best
possible service to its clients. In fact, lawyers are sometimes urged to use ADR. Even though
ADR is a private way of resolving dispute, it must work within the broad legal framework in
which it operates. This means, the use of ADR to settle disputes must be done within the
confines of law (Lechman, 2008).

ii. ADR as a Process: - There are different kinds of ADR processes. One process differs
from the other. The notable ADR processes are: - negotiation, mediation, arbitration,
settlements, summary jury trial, early neutral evaluation, the mini-trial, consensus building,
and negotiated rule-making (Nolan-Haley, 2008).

iii. ADR aims at Resolving Conflicts: - Conflicts or disputes are everyday life experience
both in private and public life. Whenever there is a dispute, which is an expressed struggle
between at least two interdependent parties who perceive incompatible goals, scarce
resources, and interference from others in achieving their goal, there is the need for
resolution. There are various ways in which disputants try to resolve their differences. Some
resolve conflicts by the use of violence like killing the other disputant. Some use court of law
by going through litigation. ADR aims to be an alternative to litigation and violence (Moffitt
& Bordone, 2005).

iv. ADR is the Opposite of Litigation: - The word alternative is used as an option to
litigation. ADR is a recognised and a time-tested alternative to litigation across the globe14.
In common law tradition, it is becoming increasingly one of the best ways of resolving many
disputes. ADR process has been used to resolve conflicts among religious and ethnic groups
since time in memorial. However, in many countries, especially in United States, a legally
instituted ADR movement started in 1976 as real alternative to litigation. It was introduced in
law schools so that lawyers can go beyond litigation, since the failure to do this for so long
may be part of the reason for so much congestion in the civil justice system (Nolan-Haley,
2008).

v. ADR is Voluntary: - Disputants decide voluntarily to use ADR to resolve their

differences. ADR thrives under the principle of self-determination of the disputants to use
legally accepted procedure to resolve a conflict other than litigation. No one is coerced to
enter into ADR. It is a voluntary process unlike litigation where respondents can be
subpoenaed to respond to charges or provide evidence in public court of law. In all ADR
processes, the parties are those who decide to resolve their conflicts through appropriate
dispute resolution method. It is enough for one party to say no to ADR process like mediation
and the process may not start or continue. (Kovach, 2005).

vi. ADR can be Mandatory: - Arbitration as ADR process is mandatory if there is

arbitration clause in a contract. The arbitration clause stipulates that, in case of a dispute
among the parties, ADR process will be used to settle the dispute. Pre-dispute arbitration

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clause is an expression of the will of the two parties to use ADR. This does not mean the
parties are forced into it, but they are simply called to respect a prior voluntary agreement to
use arbitration as an alternative dispute resolution. After Arbitration process, the outcome can
be challenged in a competent court of law.

vii. ADR is Confidential: - Often there is much public interest when a case is under
litigation and with the media sometimes giving details of court proceedings. However, ADR
is private and confidential. Its practitioners are bound by their code of ethics to preserve the
privacy of their clients. ADR proceedings are most often done behind closed doors. In many
cases, the parties involved in the process have to sign agreement, to keep the proceedings
confidential and private unless permitted by law to do otherwise (Susskind, 2005).

viii. ADR process maybe Non-binding: - Some ADR processes have no legal binding
effect. Negotiation, for instance, as ADR process, is non-binding. It is often an agreement
between the disputants, which is subject to their goodwill. Since it is non-binding it cannot be
enforced in public law court. It is a private approach to conflict. For this reason, the
disputants decide themselves what is fair and abide by it (Ware, 2001).

ix. ADR process can produce Legally Binding Results: - ADR process is legally binding in
two ways. First, the disputants have the obligation to honour their pre-dispute agreement to
use ADR to settle their dispute. Second, they have to abide by the adjudication of the
arbitrator, which is enforceable in a public government court of competent jurisdiction.
Nevertheless, they can also challenge the outcome of arbitration in court, which is often
difficult (Cole & Blankley, 2005).

x. ADR is Efficient, Saves Time and Costs Less: - Low-cost is one of the key advantages of
ADR process. The exponents of ADR emphasise its low-cost as compared to often high-cost
of litigation. It does not only cost less but it also saves time. The prolong nature of litigation
sometimes makes it very frustrating. If the modern adage, time is money, stands, and then
ADR is super cost effective, since it saves time and costs less (Ware, 2001).

4.3.2 Alternative Dispute Resolution Techniques

To handle conflicts positively as well as limiting mitigating and containing them, the
following conflict resolution or management techniques can be improved and used as
identified by Bambale (2006)

1. Good Governance, Good governance may be defined as the running of the affairs of
government in positive and progressive manner beneficial to the governed and which
delivers the public goods. It is a relative term to which there is consensus, but most
will agree that it is characterized by democratization, maintenance of law and order,
accountability and transparency, responsiveness on the part of the government, due
process, rule of law, competence, separation and devolution of powers (Best, 2005).
2. Effective Communication, This is the process of sharing and exchanging
information between individuals, groups and potential parties in a conflict situation. It
is also the process of interacting and relating with others, meaning that parties to a
conflict situation still talk (Best, 2005). This can help remove doubt, suspicion and
contribute to the process of confidence building
3. Collaboration, Collaboration is a style of of revolving conflict where the parties
objectively work with each other to find a solution that is satisfactory to both of them.

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 It is about dialogue in which the parties listen actively and gain understanding of each
other’s point of view. The understanding enables them to develop a solution that
satisfies the concerns of both parties. This approach is more socially acceptable
because parties in the conflict are fully involved in the conflict resolution process
from the beginning to the end.
4. Compromise, Compromise involves finding an expedient mutually acceptable
solution. Which partly satisfies both parties. A compromising style of resolving
conflict results in each conflict participant sharing in some degree of winning and
losing. In this situation, each party is partially assertive and partially cooperative.
Compromise becomes necessary in situations where the positions of the parties are so
incompatible that the two cannot be reconciled without one of them losing something
in the process.
5. Avoidance, Avoidance strategy came into effect when one party deliberately and
consciously ignores the conflicting issues or denies the significance of the issue in
his/her life. It is a way of not addressing the conflict, or a tactical way of postponing
the conflict for a better time. Note that in this situation, the person is unassertive and
uncooperative; there is no intention to pursue one’s own needs or those of the other
party.
6. Accommodation, In accommodation there is a conscious attempt to neglect one’s
needs and focus on satisfying the needs of the other party. The underline value here is
that of self-sacrifice which may be a manifestation of self-esteem (Ojiji, 2005). Thus,
the party while using this style is not assertive and is not involved in competition with
the other party.
7. Domination, Domination in a way is an attempt to deny the right of the other party;
the primary motive is the desire for one party to win and thereby making the other
party loser. This approach to resolving conflict can hardly lead to a lasting resolution
of the conflict. Even if the stronger party wins, there is the tendency that the other
party would still be having some grudges against the other party; additionally,
whenever, the opportunity arises, the aggrieved party would express discontent, which
could open up the problem again.
8. Confrontation/Fighting, This occurs when the parties in the conflict physically or
verbally attack each other. The parties could engage in confrontation through the use
of threats or insults or through outright violence. There seems to be a considerable
lack of understanding and mistrust between the parties as each tries to hold to his own
views and therefore disagrees with the other person’s view point. Expectedly, this
style of conflict resolution is characterized by violence and creates a lose/lose
outcome; that is, a situation where both parties eventually lose. It is only in rare
circumstances that confrontation leads to win/lose situation, where the stronger party
wins.
9. Conciliation, Conciliation is a third party activity, which covers intermediary efforts
aimed at persuading the parties to a conflict to work toward a peaceful solution and it
involve facilitation. Miller (2003) provides an elaborate definition of conciliation as
“the voluntary referral of a conflict to a neutral external party (in the form of an
unofficial commission).
10. Mediation, Mediation has been defined by the United Nations University for Peace
as: “The voluntary, informal, non-binding process undertaken by an external party
that fosters the settlement of differences or demands between directly invested parties
(Miller, 2003).
11. Arbitration, Arbitration is another type of third party intervention that is a step
higher than mediation in the conflict management spectrum. Arbitration is the use and

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 assistance of a neutral third party in conflict, who hears the evidence from both
parties, and there after renders a decision, usually called an award, which is expected
to be binding on the parties.
12. Adjudication, This is another non-violent method of conflict management. This
involves the use of courts and litigation processes. Parties to a dispute may choose not
to use any of the methods we have discussed. They may choose instead to take their
case to a court of law, before a judge of competent jurisdiction where legal counsels
may represent them. At the end of the process, the court gives judgment, and is legally
binding on both parties.

4.4 Treating Escalation Problem (Crisis Management)

A crisis is an extreme situation, which has reached a turning point, where critical decisions
have to be made or else the conflict escalates to a point of extreme violence (Bambale, 2006).
Crisis must be prevented at the right time in order to avoid tensions and other adverse effects.
Conflict Management involves the steps undertaken to prevent the conflict at the right time
and also helps to resolve it in an effective and smooth manner. Conflict management helps
individuals to understand the causes of a conflict and helps prevent it at the right time.

4.4.1 Direct and Indirect Conflict Management Approaches.

Indirect Conflict Management Approaches

a. Appeal to common goal: - focusing on mutually desirable goal or conclusion

b. Hierarchical referral: - problems are referred to higher levels of the organization or
group for solution
c. Organizational redesign: - ensuring relation isolation between conflicting parties.
This can be done through: decoupling, buffering, linking pins, liaison groups.
d. Use of myths and script: - scripts are behavioural routines that become part of the
organization’s culture, while myths are proclamations or beliefs about a situation that
deny the necessity to make trade-offs in conflict resolution.

Direct Conflict Management Approaches

a. Lose-Lose Model: - The Lose-Lose Model is that kind of approach where nobody
really gets what he or she wants. The underlying reasons for the conflict remain
unaffected. As a result, future conflicts of same or similar nature are likely to occur.
This model often results from the following circumstances:
- Avoidance: People pretend the conflict does not really exist and hope that it will
gradually disappear.
- Accommodation/Smoothing: People play down the differences among the
conflicting parties, on one hand, and highlight similarities, on the other. e.g.
- Compromise: Each party involved in the conflict gives up something of value to
the other. In this case neither party gains in full what it desires, and seeds for
future conflicts are sown. Although a conflict may appear to be settled for a while
through compromise, it may still occur at a later point in future. e.g.
b. Win-Lose Model: - This is when one party archives its desires at the expense and to
the exclusion of other party’s desires. This is a result of the following:
- Competition: Victory is achieved through force, superior skills or domination.

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 - Authoritative command: a formal authority dictates a solution and specifies
what is gained and what is lost and by whom. Win-Lose fail to address the root
causes of the conflict. It tends to suppress the desires, views, opinions of one of
the conflicting parties. As a result, future conflicts over similar issues are likely to
happen.
c. Win-Win Model: - This is a result of Collaboration between the interested parties to
address real issues. It uses techniques of Problem –Solving to reconcile differences.
- Collaboration: This is a direct and positive approach to conflict management. It
involves recognition by all conflicting parties that something is wrong and needs
attention.
- Problem-Solving: This involves gathering and evaluating information in solving
problems and making decisions (CMD, 2005).

4.4.2 Escalated Crisis Management

The following strategies may be considered for reducing the intensity of a crisis situation: -

1. Escalation Training: - By simply understanding the costs as well as the benefits of

escalation, disputants can make better decisions about when and how to escalate a
conflict, and when de-escalation is a better approach.
2. Cooling-Off Period: - In a crisis situation, angry people are often under great
pressure to make instantaneous decisions of great importance. Under such
circumstances, people commonly act in overly confrontational ways which they later
regret. One strategy for limiting this problem is for the parties to agree to a “cooling-
off” period, during which everyone can re-evaluate the situation and make more
carefully reasoned decisions.
3. De-escalatory Language: - Care should be taken to use conciliatory and calming
language, because conflicts can be de-escalated more successfully this way than they
can be when inflammatory language is used.
4. Dealing with Destructive and Hateful Speech: - This is to respond to hate speech
with good and appropriate speech that takes the moral high ground and tries to defuse
the situation.
5. Media Management: - This is by educating the media about more responsible and
constructive ways of reporting about conflict and particular events within that
conflict.
6. Step-By-Step De-escalation (GRIT): - Graduated Reciprocal Reductions in Tension
(GRIT), this involves one side making a small conciliatory gesture, which they hope
is matched by a conciliatory response. If it is not, a second or third small gesture can
be made to indicate one’s interest and willingness to de-escalate the conflict.
7. Controlled Confrontation: - Conflict group can develop ways of doing conflict that
permit escalation while controlling runaway processes.
8. Dealing with Extremists: - This is to limit the distorting effects of extremists by
publically or forcefully condemning their actions. Excluding them from meetings and
negotiations can also be helpful at times.
9. Changing Leaders: - More progress towards group goals can often be made by
appointing new leaders who are willing to take a fresh look at the situation.
10. Ground Rules: - This is for the parties to identify and agree to comply with a series
of ground rules governing their relationship. These rules limit escalation pressures by
emphasizing respectful discussion of the core issues.

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 11. Managing Strong Emotions: - Effective anger management strategies are needed to
help people deal with their anger without further escalating the conflict. Strong
emotions such as distrust, fear and suspicion must be dealt with.
12. Peacekeeping: - It can be very useful to place peacekeepers between the parties so
that violent confrontations are impossible without placing the peacekeepers at risk.
13. Observers (Protective Accompaniment): - Violence can often be limited when
observers, who are trusted by the larger community, constantly accompany vulnerable
individuals. The purpose of such “protective accompaniment” is to report aggressive
bahaviour and human rights violations.
14. Future Focus: - Escalation can be limited by helping the parties to focus on the
future relationship that they would like to build between each other, and not the
assignment of lame and punishment for past misdeeds.
15. Develop Personal Relationships: - A key to blocking the de-humanization effect are
programs which systematically establish positive personal relationships between
contending parties.

4.5 Hints for Effective Conflict Resolution

4.5.1 Hints and Guidelines for Intervention

a. Conflict Mapping, a technique which helps parties to systematically determine the

scope of a conflict.
b. Strategic option identification and costing, to assess the cost and benefits of the
conflict
c. Analysis of similar conflict, to get ideas about problems that are likely to develop as
well as approaches to tackle them.
d. Identifying and involving all potential disputants, all parties necessary for effective
conflict resolution.
e. Understanding historical context, history of the underline conflict may explain why
people feel the way they do, and can give hints about remedies.
f. Recognizing related disputes, linked to other disputes that are going on at the same
time.
g. Assisted scoping, to have an outside party work with the disputants to help frame the
conflict more objectively.
h. Opening lines of communications, for parties to have ways of contacting one
another which they feel comfortable for them.

4.5.2 Ten Framework Principles for Intervention in Conflict

The following principles have been developed for international intervention. They can be
applied to regional or local conflict with a little adjustment (CMD, 2005).

1. The Principle of Minimum Humanitarian Standards (just causes): - “Where there is

unacceptable denial or violation of human rights, actual or threatened, the international
community has a duty to attempt to intervene, subject to the condition laid down in Principle
Nine.”

2. The Principle of Human Development: - “The aim of such intervention should be the
impartial promotion of sustained human development throughout the affected region.”

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3. The Principle of Appropriate Means: - “The means employed should be appropriate – that
is, they should be (a) necessary, (b) Sufficient, (c) Proportional and (d) Legitimate.”

4. The Principle of Local Enablement: - “The intervention should be conducted in terms

understood and accepted within the region and in such a way as to strengthen and support
those working locally to resolve conflict and build peace.”

5. The Principle of Consistency: - “Intervention should be consistent across different conflict

situations and relevant experience should be cumulatively transferred.”

6. The Principle of Reflexivity: - “Interveners’ motives and previous behavior should be

compatible with the professed purpose of their intervention.”

7. The Principle of Complementarity: - “Interveners’ actions should be mutually

complementary.”

8. The Principle of Accountability: - “Interveners should hold themselves accountable to the

international community for their intervention, since it is from the international community
that they derive the authority to intervene.”

9. The Principle of Contingency and Graduated Response: - “Where possible, intervention

should be preventative, non-violent and with the consent of all parties. Where this is not
possible, additional criteria should be met as appropriate at the relevant decision-points,
without prejudice as to the outcome.”

10. The Principle of Universality: - “The principle which govern humanitarian intervention
should be endorsed by the international community.”

4.6 Conclusion
Dispute or conflict is part of human experience. For this reason, there is the need to resolve
dispute. Each society has ways of resolving dispute. In a democratic society, there are
established norms of resolving conflict. This chapter explores various approaches and
analysis of conflict resolution spectrum. However, the choice and effectiveness of any
conflict resolution depend on the circumstances or the exigencies of the environment
prevailing at a particular time. Conflict Management involves the steps undertaken to prevent
the conflict at the right time and also helps to resolve it in an effective and smooth manner.

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