building capacity for negotiating skills and conflict transformation in zimbabwe a project of the...

Building Capacity for Building Capacity for Negotiating Skills and Conflict Negotiating Skills and Conflict Transformation in ZimbabweTransformation in Zimbabwe

A Project of the Government of Zimbabwe and the United

Nations Development Programme

Compiled by Clever Nyathi (UNDP-Zimbabwe) and Andries Odendaal (Centre for Conflict Resolution, Cape Town, South Africa), 2005Compiled by Clever Nyathi (UNDP-Zimbabwe) and Andries Odendaal (Centre for Conflict Resolution, Cape Town, South Africa), 2005

What is our Training Methodology?What is our Training Methodology?

John Paul Lederach (Beyond Prescription; New Lenses for Conflict Resolution Training Across Cultures, 1994)

Prescriptive Elicitive

We

are

her

e!

Power Point Presentation (PPP)Power Point Presentation (PPP)

To summarise and consolidate ‘prescriptive’ inputs

BUT NOT SUBSTITUTE

Participants’ inputs, reasoning or debates

Action-Learning CycleAction-Learning Cycle

Taylor, Marais and Kaplan (Action Learning for Development, 1997)

Act

ion

Reflection

Learn

ing

Planning

What is Conflict?What is Conflict?

NormalInevitableNecessary… andCan, therefore, either build or

destroy relationships

What are the Functions of What are the Functions of Conflict?Conflict?

A signal indicating the need to create or modify rules, norms, laws and institutions

Tells us how important relationships are

Can create coalitions Enhance group cohesion through issue

and belief clarification

Having said this, how do we Having said this, how do we define conflict?define conflict?

Conflict is the energy that builds up when individuals or groups of people pursue incompatible goals in their drive to meet their needs and interests

What is Peace?What is Peace?

Negative peace refers to the absence of violence

Positive peace is the restoration of relationships, establishment of justice, and the creation of just social systems that serve the needs of the whole population

Peace, therefore, is the framework within which conflicts unfold non-violently and creatively

Johan Galtung, Peace by Peaceful Means, 1996.

CONFLICT RESOLUTION: CONFLICT RESOLUTION: TERMS AND DEFINITIONSTERMS AND DEFINITIONS Co-operative Problem-solving is an unassisted

procedure which includes formal or informal discussions between individuals or groups

Conflict Prevention refers to efforts to prevent the outbreak of violence

Conflict Management describes processes and efforts to manage the negative implications and manifestations of conflict

Conflict Resolution seeks to resolve conflict by addressing root causes

Conflict TransformationConflict Transformation

Communicates the following notions: Focus on developmental process of the conflict Facilitates positive change in relationships,

actors, communication, perceptions, issues and social organisations

Movement from violent to constructive expression of conflict

Concentration on structural reform Complex and multi-faceted interventions

Alex P Schmidt, Thesaurus and Glossary of Early Warning and Conflict Prevention Terms, 1998

Strategy for Conflict Strategy for Conflict TransformationTransformation

John Paul Lederach, Building Peace: Sustainable Reconciliation in Divided Societies, 1995John Paul Lederach, Building Peace: Sustainable Reconciliation in Divided Societies, 1995

Types of ConflictTypes of Conflict

Centre for Conflict Resolution, Cape Town, South Africa, 1999Centre for Conflict Resolution, Cape Town, South Africa, 1999

Circle of ConflictCircle of Conflict

Copyright © 1997 CDR Associates, Boulder, Co.

Fuelling ConflictFuelling ConflictSatisfiers

Basic Human Needs:Subsistence, security, freedom,

acceptance, identity, participation, understanding, leisure, creativity

Human NeedsHuman Needs

Manfred A. Max-Neef 1991. Manfred A. Max-Neef 1991. Human scale development: conception, application and further reflections. Human scale development: conception, application and further reflections. New York: Apex.New York: Apex.

What Determines Perceptions?What Determines Perceptions?

CulturePsychological need for self-

esteemSelective interpretation of factsBasic human needsExperience

Approaches to conflictApproaches to conflict

Approach Strategy Key Skills Outcome Ownership Relations

Power Coercion Control of instruments of power

Win-Lose Low for loser Damaging

Rights Adjudication Knowledge of the law

Win-Lose Low for loser Damaging

Arbitration Knowledge of the law

Win-Lose Low for loser Potentially Damaging

Interests Mediation Communication Win-Win High Potentially Enhancing

Facilitation Communication Win-Win High Potentially Enhancing

Conciliation Communication Win-Win High Potentially Enhancing

Negotiation Communication Win-Win High Potentially Enhancing

(Based on Ury, Brett and Goldberg, 1988)(Based on Ury, Brett and Goldberg, 1988)

Det

erio

rati

ng R

elat

ions

hip

s

5 Levels of Communication5 Levels of Communication

Chris Spies, 2002Chris Spies, 2002

‘‘Listen’ to FeelingsListen’ to Feelings

FAMSA, 1995FAMSA, 1995

The Four Ears of ListeningThe Four Ears of Listening

Undine Kayser, 2003Undine Kayser, 2003

Active Listening TechniquesActive Listening Techniques (1) (1)


Communication Stumbling BlocksCommunication Stumbling Blocks (1)(1)


Defusing AngerDefusing Anger


What is Negotiation?What is Negotiation?

Negotiation is a voluntary attempt, through direct dialogue, to resolve conflicts that arise from competing needs, interests and goals

Negotiation StrategiesNegotiation StrategiesPositional negotiation: refers to a

competitive process in which parties make offers and counter-offers which they feel will resolve the conflict

Interest-based negotiation: is designed for parties who have a need to create or maintain healthy relationships

Positional NegotiationPositional Negotiation

Options Acceptable to both A and B

Joint Bargaining Range

Part B’s Bargaining Range

Party A’s Bargaining Range

Party B’s bottom-line position Party B’s best solution

Party A’s best solution Party A’s bottom-line

Interest-based NegotiationInterest-based Negotiation

CDR Associates, 1997CDR Associates, 1997

Interests

Proc

edur

al Psychological

Substantive

Interest-based Negotiations TipsInterest-based Negotiations Tips

Identify substantive, psychological and procedural interests

Parties inform each other on their interests, needs and concerns

Avoid stating issues in win/lose terms Generate a range of problem-solving

options and evaluate each separately

Adapted from Fisher and Ury, Getting to Yes, 1981

Moving from positional to interest-Moving from positional to interest-based negotiation: Suggestionsbased negotiation: Suggestions

Understand why a position is taken by a party

Be hard on the problem, soft on the personLook for win-win solutionsIf a proposal is attacked, ask whyAgree on general principles to guide

decision-making (e.g., solutions must be fair to all)

Use outside experts to break deadlocks

Adapted from Fisher and Ury, Getting to Yes, 1981

What is mediation?What is mediation?

Mediation refers to a process through which a third party provides procedural assistance to help individuals or groups in conflict to resolve their differences

Principles of MediationPrinciples of Mediation The parties must consent to mediation and the

choice of mediator Parties must own the settlement The mediator offers procedural rather than

substantive assistance The mediator must remain impartial The mediator should not apply punitive measures Mediation is not a ‘quick fix’ solution to

complex problems Mediation is a specialised activity

Laurie Nathan, 1999

Stages of the Stages of the Mediation ProcessMediation Process

Introduction Conflict description Problem-solving Agreement

Introduction StageIntroduction Stage

Create a ‘safe space’ for partiesClarify process and mediator’s

roleEstablish consensus on ground

rules

Conflict DescriptionConflict DescriptionPurpose: To allow mediator and parties to

fully hear each other

Listening: Mediator to utilise listening skills

Framing issues: Mediator to summarise issues in language acceptable to all

parties

Problem-solvingProblem-solvingSome key skills required for managing the

problem-solving stage are:

Relationship-building skills

Process-management skills

Problem-solving skills

Relationship-building SkillsRelationship-building Skills

Attentive listening Highlight commonalities and good

intentions Acknowledge feelings and fears Assist parties to engage in direct

dialogue and paraphrasing Draw people out in caucus Affirm parties and celebrate progress

Process-management SkillsProcess-management Skills

Maintain control of the processHelp parties reach consensus on agenda

and agenda orderMediator should always use impartial

languagePoint out commonalitiesClarify issuesCall a caucus when appropriate

Problem-solving SkillsProblem-solving Skills

Select an appropriate sequence, for example:

Principles firstFuture firstCriteria firstFocus on interests

AgreementAgreementThe agreement should state clearly WHO is agreeing to

WHAT, WHERE, WHEN and HOW. The disputants' wording can be used whenever possible. An effective mediation agreement should be:

Clear about deadlinesBalancedRealisticSpecificClear and simplePro-activeSigned by everyone present

To be a good mediator:To be a good mediator:

Sharpen your pencil for good record-keeping

Clean your ears for active listening Open your heart for empathy Sit on your ego, for the decision is

not yours

building capacity for negotiating skills and conflict transformation in zimbabwe a project of the...

Documents

functions of conflict

conflict resolution

conflict prevention

groups conflict prevention

types of conflict centre

circle of conflict copyright

creativity slide

belief clarification