Mediation, Conciliation and Arbitration in Conflict Management

1405 WordsJul 15, 20116 Pages
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…show more content…
In 1990 Mandela was released from prison and by 1993, an interim constitution was developed by 21 political parties[8] (e.g. Inkatha Freedom Party, The Afrikaner National Party, etc.) In 1994 the first democratic election was held and Mandela became the president and the subsequent collapse of the apartheid system of government. Mediation It is a facilitative process in which disputing parties engage the assistance of an impartial and neutral third party; the mediator, who helps them to arrive at an agreed resolution of their dispute. The mediator has no binding authority. The mediator serves as a facilitator. A mode of negotiation in which a mutually acceptable third party helps the parties to a conflict find a solution that they cannot find by themselves. Unlike judges or arbitrators, mediators have no authority to decide the dispute between the parties. Mediators may focus on facilitating communication and negotiation but they also may offer solutions and use leverage, including positive and negative incentives, to persuade the parties to achieve an agreement[9] According to (University for Peace, 2005)[10] mediation is ‘a voluntary, informal, non-binding process undertaken with an external party that fosters the settlement of differences or demands between directly invested parties’. Mediators often spend time with each party to the conflict through what has come to be known as ‘shuttle
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