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Dialouge in conflict solutions

There are many methods of settling and managing conflicts. Some of the non violent means of managing conflicts include negotiation, mediation, conciliation and arbitration. In adopting the use of the aforementioned methods of dispute resolutions, the main facilitating tool is a sufficient communication mechanism. The mean of negotiation is aimed at achieving a peaceful settlement without using violent means. The form of conflict settlement method used is dictated by the nature of the conflict. A common understanding is the main goal that non- violent dispute resolutions methods are steered to achieved. Without mutual understanding and flow of communication, the said means are rendered inapplicable (Dukes, 62). The non violent methods of settling conflicts are here below discussed
To start with, negotiation is one of the common ways of non- violent dispute resolving. It entails following certain steps in a sketch plan by applying widely accepted   norms between the parties in conflict. Negotiation is based on the notion that both parties are in conflict since they have interests which are shared or basically in conflict. In other situations, the interests overlap and hence negotiation is required to achieve an amicable solution. The key point that makes both parties agree on ending the conflict through peaceful means is rooted in the understanding that they have shared interests (Dukes, 62).
The rule of law in whichever country advocates for peace not violence. It is true to assert that peaceful means of settling conflicts facilitate the rule of law in a country. Face to face discussions are core in negotiation since a common understanding is reached. It is extremely hard to achieve mediation without effective communication. The two parties in the conflict can not be said to understand each other if they do not communicate. It is very true that any lack of opportunity to the other party builds tension hence causing misunderstanding between the main parties in the dispute (Bercovitch, Jacob & Jackson, 11).
The second mean of dispute resolution through peaceful means is mediation. It involves a third party to the conflict coming to facilitate the settlement. It is important to note that the third party is only needed once the parties in the dispute have agreed to settle their dispute. The third party’s duty in the conflict is to ensure that it is through amicable means that the mediations have been achieved. It is worth noting that the third party must exercise a neutral stand in the conflict. The engaging of an intermediary is very essential since it makes sure that both sides are listened to and communication becomes evident hence ruling out any forms of tensions. In the international politics such means have been adopted as prescribed by the United Nations Charter. Mediation therefore is a popular way of dispute settling which has been highly applied in many parts of the world. However, the process of mediation must be voluntarily and parties to the conflict must agree to the choice of mediator (Dukes, 60).
Dialogue is the third method used in peaceful resolutions. It has been said to be relevant in transforming conflicts which are deeply rooted. Unlike debate whereby one group or party seeks to score a point or persuade, in dialogue mutual understanding is the main equating ground. In many instances the groups in conflict meet to be listened to. The conflict may not be settled at the end of the day but the way the two parties pursue the conflict is materially changed. Dialogue is very vital since the parties in it may not come to a settlement but they shift their approach on the matter. The transformation may change from a divisive method to a constructive approach hence the two parties in the conflict finding it easy to end the conflict (Bercovitch, Jacob & Jackson, 14).
Dialogue alters the status quo and mutual respect replaces the divisive approach whereby new relationships that were not there before are created. In many instances, the parties who require dialogue are those in a conflict which has the effect of affecting the public policies in place (Dukes, 65).
In recent years, the effectiveness of the said means of settling disputes has been questionable. It is said that the mediation, negotiation and dialogue are one sided since some instances some parties have an upper hand in the conflict. They have further been held to compromise interests instead of finding a fair way of settling the dispute. In comparison with other means of settling disputes fairness is ignored so as to achieve a peaceful end. The methods are to succeed at the detriment of the party who has been unfairly treated (Dukes, 63).
Arbitration and litigation on the other hand, seeks to achieve fairness by issuing fair judgments with a clear explanation of the entitlements of each party to the judgment. The management of a relationship seems to be the main concern of peaceful dispute settlement means. On the other hand, arbitration and litigation seeks to handle substantive issues affecting the litigants (Bercovitch, Jacob & Jackson, 12). The following discussion covers the above mentioned methods:
Arbitration is also a non violent peaceful resolution of disputes whereby the arbiter chairs the entire process. It involves the arbiter taking evidence from the parties and also listening to witnesses. The other step may include interviewing representatives of the parties. In order to sum up the evidence, he may be required to visit the area of conflict for instance land and evaluate the documents available. The collection of evidence is ended by a discussion, dialogue and listening and hearing meetings (Dukes, 62).
The incorporation of negotiation, dialogue and mediation in arbitration is to help in reaching a critical decision on the right party. The step which follows involves the arbiter facilitating fair play by delivering justice so as to restore peace. An award is issued which has a binding effect to both parties in the conflict. Just like in mediation, the parties in the conflict have a right to decide on whom to arbitrate their dispute. In choosing the arbitrator the parties are supposed to look for a person who has a high standing character in the society. Arbitration is effective than other means of settling a dispute since it does not compromise rights for restoration of peace (Bercovitch, Jacob & Jackson, 13).
There are situations whereby parties in a conflict may decide to settle their conflict through adjudication. In adjudication the party is ready to take the verdict whether in favor or against him or her. Rights through a fair and just process are exercised though a winner loser situation is created which may not be peace oriented (Bercovitch, Jacob & Jackson, 12)
Negotiation, arbitration and mediation are peaceful ways of settling conflict which have been widely applied to resolve conflicts. The aforementioned ways highly depend on the use of a balance settlement whereby peace is the paramount desired result. There are is a substantial criticism against the use of the said ways in conflict settlement. The fact that rights of one party are compromise so as to achieve peace has been a major weakness of negotiation, dialogue and mediation.

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