MODULE 1 DEFINITION OF CONFLICT

Unit 1 Introduction: What is Conflict?

Unit 2 Theories of Conflict
Unit 3 Causes of Conflict

UNIT 1: INTRODUCTION
WHAT IS CONFLICT?
CONTENTS
1.0 Introduction
2.0 Objectives
3.0 Definition of the term Conflict
3.1 Nature of Conflict
3.2 Types of Conflict
4.0 Conclusion
5.0 Summary
6.0 Further Reading and Other Resources
Tutor Marked Assignment.

1.0 INTRODUCTION

This unit is designed to give an insight into what conflict is about. It will also explain the
nature of conflict and the different types of conflict in our everyday life and the society at
large.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

(a) Define Conflict

(b) Discuss the Nature of Conflict
(c) Know the various types of Conflict
(d) Give reasons why you think Conflict is inevitable in the society

3.0 DEFINITION OF THE TERM CONFLICT

The term “Conflict” expresses a confrontation between one or more parties aspiring towards
incompatible or competitive means or ends. Conflict may be manifest i.e. recognizable
through actions or behaviours. In which case, it remains dormant for some time or is built
into systems or such institutional arrangements as governments, corporations, or civil society.

In the field of international relations, Peter Wallenstein identifies three general forms of
conflicts: Interstate, Internal and State – formation Conflicts

Conflict therefore refers to some form of friction, disagreement arising within a group when
the beliefs or actions of one or more member of the group are either resisted by or
unacceptable to one or more members of another group.

The term can be used in two senses. In the first sense it can be an incompatibility in a multi-
party or multi issue situation. Secondly, it can be a violent expression of incompatibility or
irreconcilability.
1
Exercise 1:

Define the term Conflict.

3.1 Nature of Conflict

Through the integration of participants’ perspectives, interests, beliefs system and values,
conflict and conflict resolution play important roles in individual and social evolution and
development.

Conflict arises when one or more participants’ view the current system as not working. At
least, one party is sufficiently dissatisfied with the status quo that it is willing to influence the
situation to arrive at an improved condition.

Conflict may be viewed as a process we put ourselves through to achieve a new condition and
self-definition. Through conflict, we have opportunities to be creatively self-defining. If
nothing else, conflict allows us to do things differently in the future. Through the resolution
of conflict, we can, if we choose, evolve and redefine ourselves, our relationships, our
community, our society and our world.

It is no accident that we most often find ourselves in conflict with those with whom we spend
the most time- family, friends, business associates, the fellow organizational members. There
is a great benefit, in terms of the quality of our lives, in being able to constructively resolve
conflict with those around us.

Conflict should also be recognized as existing at two levels:

1. The Interpersonal level

2. The Intrapersonal level

Interpersonal conflict may be evidenced by confusion, in consistency the failure of the

participant to effectively integrate their various “parts” or “voices” to achieve an effective
and comfortable representation of personal interest.

Intrapersonal conflict occurs within an individual. The experience takes place in the person’s
mind. It is a kind of conflict that is psychological involving the individual’s thoughts, values,
principles and emotions.

Most conflict unfold through stages rather than suddenly erupting. Five major stages can be
identified.

1. The Emerging Stage

2. The Escalating Stage
3. The Most Severe Stage
4. De-escalating Stage
5. Reconciliation Stage

At the emerging stage, signs and symbol of all kinds are given closeness begins to give way
to aloofness. At this stage, doors are wide open for non-violent intervention.

2
The escalating stage time frame is usually short. At this point, all the parties in the conflict
are quite sure that something is fundamentally wrong in the relationship. If nothing is done to
check the situation, a point of no return surfaces leading to the third stage.

At the most severe stage, nothing is scared of any more, it could lead to destruction of lives
and properties of each other. The intervention of an external body will give room for the
fourth stage.

The De-escalating Stage, which is the fourth stage usually involves ceasefire, peacekeeping
and disarmament.

The fifth stage which is usually the reconciliation, relationship is repaired institutions and
social facilities are reconstructed to help in uniting the disputant parties.

Conflict is therefore a social phenomenon. It is a vehicle for evaluation and change in society
and a means by which personal relationships and societal values concerning welfare, security,
justice and progress are achievable. The core theme of the international state system centres
on conflict and collaboration, thereby making conflict and its adjustment a consistent aspect
of the interstate system.

Exercise 2

Conflict is an indispensible part of existence. Discuss.

3.2 Types of Conflict

Conflict is a necessary part of our lives and is a very real issue. Sir Arthur Thomas Quiller-
Couch, literary critic and author, was first to classify plots as seven basic conflicts. Man
against man, man against nature, man against himself, man against God, man against society,
etc.

Man vs. Self

Man vs. self is when the main character in the story has a problem with him or herself.

Man vs. Man

This is the type of conflict arising between two or more characters of the same kind.

Man vs. Nature

Man vs. nature is the theme in literature that places a character against for us of nature. Many
disaster films focus on this theme, which is predominant within many survival stories.

Man vs. Society

Man vs. Society is a theme in fiction in which a main character’s (or group of main
characters) main source of conflict is social traditions or concepts. In this sense, the two
parties are: (a) the protangonist(s) and (b) the society in which the protangonist(s) is included.
Society itself is often looked at as single character, just as an opposing party would be looked
at in a man vs. character conflict. Man vs. society conflict gives the story teller an
opportunity to comment on positive / negative aspects of the society as a whole.

3
Man vs. Destiny

Man vs. destiny (or fate) is a theme in which one attempts to break the force of a pre-
determined path before him chosen without his knowledge. It can also be referred to as a
conflict between fate and free will.

Group Conflicts

Group conflicts also called group intrigues, is where social behaviour causes groups of
individuals to conflict with each other. It can also refer to a conflict with each other. It can
also refer to a conflict with these groups. This conflict is often caused by differences in social
norms, values and religion.

Both constructive and destructive conflict occurs in most small groups. It is very important to
accentuate the constructive conflict and minimize the destructive conflict. Conflict is bound
to happen, but if we use it constructively then it need not be a bad thing. When destructive
conflict is used in small groups, it is counterproductive to the long term goal.

Data Conflict

Data conflicts occurs when people lack information necessary to make wise decisions, are
misinformed, disagree on which data is relevant, interpret information differently or have
competing assessment procedures.

Interest Conflicts

Interest conflicts are caused by competition perceived incompatible needs. Conflict of

interests result when one or more of the parties believe that in order to satisfy his or her
needs, the needs and interests of an opponent must be sacrificed. Interest based conflict will
commonly be expressed in positional terms.

Structural Conflicts

Structural conflicts are caused by forces external to the people in dispute. Limited physical
resources or authority, geographic constraints (distance or proximity), time organizational
changes, makes structural conflicts seem like a crisis.

It can be helpful to assist parties in conflict to appreciate the external forces and constraints
bearing upon them. Structural conflicts will often have structural conflicts will often have
structural solutions. Parties appreciation of the fact that a conflict has an external source, can
have the effect of them coming jointly to address the imposed difficulties.

Value Conflicts

Values conflicts are caused by perceived or actual incompatible belief system. Values are
beliefs that people used to give meaning to their lives. Values explain what is good or bad,
right or wrong, just or unjust. Differing values need not cause conflict. People can live
together in harmony with different value systems.

Values disputes arise only when people attempt to force one set of values on others or lay
claim to exclusive value systems that do not allow for divergent beliefs.

4
It is of no use to try to change value and belief systems during relatively short and strategic
mediation interventions. It can however, be helpful to support each participant’s expression
of that value and belief by acknowledgement by the other party.

Exercise 3

List and explain five types of conflict.

4.0 CONCLUSION

Conflict is a necessary part of our lives and also an indispensible part of existence whether
animate or inanimate. It is for this reason that this is devoted to broad explanation of the
different forms and types of conflict.

5.0 SUMMARY

The following are the highlights of what we have learnt in this unit

1. Conflict refers to some form of friction, disagreement arising within a group when the
beliefs or action of one or more members is resisted.

2. The nature of conflict in our society and the international system at large.

3. The various level of conflict which is the interpersonal and intrapersonal levels

4. The various stages of conflict which are the Emerging stage, the Escalating stage, the
most Severe stage, De-escalating stage and Reconciliation stage.

5. Conflict has many types - structural conflict, value conflict, interest conflict, data conflict,
group conflict.

6.0 TUTOR MARKED ASSIGNMENT

1. Write short notes on the following
(i) The emerging stage of conflict
(ii) The escalating stage of conflict
(iii) The severe stage of conflict

2. Give a Brief explanation of the term “conflict”

7.0 FURTHER READINGS AND OTHER RESOURCES

Oyesola, D.O.P. Conflict and Context of Conflict Resolution Ile-Ife: Obafemi Awolowo
University Press Limited, 2005.

Palmer N.D. and Perkins, H.C. International Relations, 3rd Ed. Delhi: A.I.T.B.S. Publishes,
2007.

5
 UNIT 2
THEORIES OF CONFLICT

1.0 Introduction
2.0 Objective
3.0 History of the theories of Conflict
3.1 Karl Heinrich Marx (1818 – 1883)
3.2 Sigmund Preud’s Psychoanalytic theory of conflict
3.3 Erik Erikson Theory of personality
3.4 Lerois Alfred Coser theory of Conflict
4.0 Conclusion
5.0 Summary
6.0 Further Reading and Other Resources
Tutor Marked Assignment

1.0 INTRODUCTION

The basic premise of conflict theory is that individuals and groups in society struggle to
maximize their share of the limited resources that exist and are desired by humans. Given that
there are limited resources, the struggle inevitably leads to conflict and competition. These
struggles can lead to changes in institutions and societies as different groups come into
power.

2.0 OBJECTIVES

At the end of this unit, you should be able to know the following:

i. Human interaction result in conflict.

ii. Conflict and change are normal and inevitable in society.
iii. Competition over scarce resources e.g. money, leisure, sexual partners, etc. is part of
all social groups. Competition rather than consensus is characteristic of human
relationships. If everyone had the resources they needed, conflict will not exist.
iv. Structural inequalities in power and rewards are built into all social structures.
Resources are scare and groups will always compete for them.
v. Inequality exists in varying depress with people who have different amounts of
resources as hierarchies exist.
vi. Macro changes occur as a result of conflict between competing interests rather than
through adaptation. It is often abrupt and revolutionary rather than evolutionary.

3.0 HISTORY OF THE THEORIES OF CONFLICT

The ideas that make up the foundation of conflict theory can be traced back to early
philosophy. Han Tei Tzu (280 – 233 BC) and other ancient Chinese philosophers who taught
that men are innately weak and lazy. This assumption leads to the obvious conclusion that the
only way man can be controlled, then, is through punishment. Those who have the power to
punish can control society as the fear of punishment keeps man in check.

Polybuis Hycortas, a Greek philosopher (205 – 125 BC) focused his studies on the Roman
Republic. He believed that people were like herds of animals. Weakness led man to form
communities in which the strongest and bravest person became the leader. He believed
6
societies changed and transited into a monarchy, and those monarchies were based on justice
and legitimate authority. Monarchies have an obligation to keep peace in society.

Many philosophers had similar ideas about conflict and society. They believed that conflict
was a necessary part of society. Conflict as a sociological theory, was formalized in the 19 th
and 20th centuries, building upon the ideas of people like those mentioned above.

Many sociologists have contributed to the development of conflict theory, including Max
Gluckman, John Rex, Lewis A. Coser, Randall Collins, Ralf Deihrendorf, Ludioig
Gumplovicz, Viltredo Pareto, and Georg Simmel. However, Kart Marx is often credited as
being the father of conflict theory.

Exercise 1

Discuss the theory of conflict

3.1 Karl Heinrich Marx (1818 – 1883)

German philosopher, sociologist, historian, political economist, political theorist and

revolutionary socialist, who developed the socio-political theory of Marxism. His ideas have
since played a significant role in the development of social science and socialist political
movement.

He published several books during his life time the most notable being the Communist
Manifesto (1848)

Marx saw conflict as primarily resulting from class conflict within industry and the economic
segment of society. Social structure refers to the relatively fixed institutions and norms of
society that heavily influence, consciously or not, peoples everyday behavior.

As civilization undergoes change from agrarian, rural groups into industrialized, modern
societies, a social hierarchy emerges that effectively creates distinct classes based on wealth,
power and prestige. According to conflict theory, it is this structure of social stratification that
pits those in the upper class, with the most power, wealth and prestige against the lower
classes.

Karl Marx asserted that every society has been based on the antagonism of oppressing an
oppressed class, with modernization and industrialization significantly increasing this
conflict.

Modern society presents several examples of the mian ideas and mechanisms of conflict
theory in practice, showing the process by which the upper class power elites systematically
work to disenfranchise and exploit the lower classes to maintain and increase their power.
Interestingly, conflict theory does not apply only to democracies, but to socialist nations and
dictatorships alike.

Exercise 2

Explain the concept of Karl Marx’s theory of conflict

7
3.2 Sigmund Freud (6 May 1856 – 23 September 1939)

Austrian neurologist who founded the psychoanalytic school of psychiatry. Freud is best
known for his theories of the unconscious mind and the defence mechanism of repression,
and for creating the clinical practice of psychoanalysis for treating psychopathology through
dialogue between a patient and a psychoanalyst.

Sigmund Freuud’s psychoanalytic theories were influenced by Charles Darwin’s theory of

evolution and by the physical concept of energy as applied to the central nervous system.
Freud’s most basic hypothesis was that each child is born with a source of basic
psychological energy called libido. Each child’s libido becomes successfully focused on
various parts of the body in the course of his emotional development.

During the first post-natal year, libido is initially focused on the mouth and its activities,
nursing enables the infant to derive gratification through a pleasurable reduction of tension in
the oral region. Freud called this the oral stage of development. During the second year, the
source of socitation is said to shift to the anal area, and the start of toilet training leads the
child to invest libido in the anal functions. Freud called this period of development the anal
stage.

In period from three through six years, the child’s attention is attracted to sensations from the
genitals, and Freud called this stage the phallic stage. The half dozen years before puberty are
called the latency stage. During the final and so-called genital stage of development, mature
gratification is sought in a heterosexual lover relationship with another.

Sigmund Freud believed that adult emotional problems result from either deprivation or
successive gratification during the oral, anal, orphellic stages. A child with libido fixated at
one of these stages would in adulthood show specific neurotic symptoms, such as anxiety.

Freud devised an influence theory of personality structure. According to him, a wholly

unconscious mental structure called the id contains a person’s inborn, inherited drives and
instinctual forces and is closely identified with his basic psychological energy (libido).

During infancy and childhood, the ego, which is the reality-oriented portion of the
personality, develops to balance and complement the id. The ego utilizes a variety of
conscious and unconscious mental processes to try to satisfy id instincts while also trying to
maintain the individual comfortably in relation to the environment.

Freud’s emphasis on biological and psychosexual motives in personality development was

modified by the German-born American psychoanalyst. Erik Erikson, to include psychosocial
and social factors. Erikson viewed emotional development over the life span as a sequence of
stages during which there occur important inner conflicts whose successful resolution
depends on both the child himself and his environment.

Exercise 3

Explain the various stages of Sigmund Freud’s theory of conflict.

8
3.3 Erik Erikson’s Theory of Personality

A Danish-German American developmental psychologist and psychoanalyst known for his

theory on social development of human beings. He has become famous for coining the phrase
‘identity crisis’.

Erikson’s greatest innovation was to postulate not five stages of development, as Sigmund
Freud done with his psychosexual stages, but eight and then later added a ninth stage to
complete life circle. Erik Erikson believed that every human being goes through a certain
number of stages to reach his or her full development, theorizing eight stages that a human
being goes through from birth to death.

Erikson elaborated Freud’s genital stages into adolescence and added three stages into
adolescence, and added stages into adulthood. Erikson is also credited with being one of the
originators of ego psychology, which stressed the role of ego as being more than a servant of
the id.

According to Erikson, the environment in which a child lived was crucial to providing
growth, adjustment, a source of self-awareness and identity.

Erikson was a neo-freudian. He has been described as an “ego psychologist” studying the
stages of development spanning the entire lifespan. Each of Erikson’s stages of psychosocial
development are marked by a conflict, for which successful resolution will result in a
favourable outcome, for example trust vs. mistrust, and by an important event that this
conflict resolves itself around for example, the meaning of one’s life.

Favourable outcomes of each stage are sometimes known as “virtues”, a term in the contest
of Eriksonian work, as it is applied to medicines moaning “potencies”. Oddly, and certainly
counter intuitively, Erikson’s research suggests that each individual must learn how to hold
both extremes of each specific life-stage challenge in tension with one another, not rejecting
one end of the tension or the other.

The Erikson life-stage virtues, in the order of the stages in which they may be acquired are:

1. Hope-Basic Trust vs. Mistrust – Infant stage/ 0 -1 year. Does the child believe its
caregivers to be reliable?
2. Will-Autonomy vs. Shame and Doubt-Toddlers Stage/ 2-3 years. Child needs to learn to
explore the world. Bad if the parent is too smothering or completely neglectful.
3. Purpose-Initiative vs. Guilts-Kindergarten/ 4-6 years. Can the child plan or do things on
his own, such as dress him or herself. If “guilty” about making his or her own choices, the
child will not function well.
4. Competence-Industry vs. Inferiority around age 7-13 child comparing self-worth to others
(such as in a classroom environment). Child can recognize major disparities in personal
abilities relative to other children. He places some emphasis on the teacher, who should
ensure that children do not feel inferior.
5. Fidelity-Identity vs. Role Confusion-Adolescent/14 years till mid-twenties. Questioning
of self.
6. Love (in intimate relationships, work and family) Intimacy vs. Isolation – young
adult/mid-twenties till early forties.

9
7. Caring-Generativity vs. Stagnation-early forties till mid-sixties/start as the “mid-life
crisis”. Measure accomplishments/failures. The need to assist the younger generation
stagnation is the feeling of not having done anything to help the next generation.
8. Wisdom-Ego Integrity vs. Despair-old age/from mid-sixties. Some handle death well.
Some can be bitter, unhappy, and or dissatisfied with what they have accomplished or
failed to accomplish or failed to accomplish within their lifetime. They reflect on the past,
and either concludes at satisfaction or despair.

Ego identity enables each person to have a sense of individuality as Erikson would say, it
suggests that those best equipped to resolve the crisis of early adulthood are those who have
mostly successfully resolved the crisis of adolescence.

Exercise 4

Discuss Erikson’s theory of personality.

3.4 Lewis Alfred Coser’s Theory of Conflict.

A politically active sociologist who grappled with the social of intellectuals in influential
books, articles and speeches, as well as in his personal politics. Coser wrote or edited two
dozen books his doctoral dissertation became the book “The functions of social conflict” a
mainstay of World War II sociology.

He studied comparative literature and sociology and was active in Marxist politics. His
studies were interrupted by World War II

Coser was the first sociologist to try to bring together structural functionalism and conflict
theory, his work was focused on finding the functions of social conflict Coser argued with
Georg Simmel – that conflict might serve to solidify a loose structure that seems to be
misinterpreting. Conflict with another society, inter-group conflict, may restore the
integrative core. For example, the cohesiveness of Israeli Jews might against the Arabs.

Conflict with one group may also serve to produce cohesion by leading to a series of alliances
with other groups. Conflicts within a society, Intra-group conflict, can bring some ordinarily
isolated individuals into an active role. The protest over the Vietnam War motivated many
young people to take vigorous roles in American political life for the first time.

Conflicts also serve a communication function. Prior to conflict, groups may be unsure of
their adversary’s position, but as a result of conflict positions and boundaries between groups
often become clarified, leaving individuals better able to decide on a proper course of action
against their adversary.

Much like status consistency, conflict along the same cleavages intensifies the severity of the
conflict. Cross-cutting cleavages tend to dissipate the severity of the conflict. For example,
the coincidence of economic and political disenfranchisement along Palestinians in the West
Bank intensifies their conflict with Israeli Jews.

Coser suggests that conflict tends to be dysfunctional only for social structures in which there
is sufficient toleration or institutionalization of conflict. Highly intense conflicts that threaten
to “tear apart” society tend to arise only in rigid social structures. Thus, what threatens social
structure is not conflict as such, but rather the rigid character of those structures.
10
Exercise 5

Discuss Coser’s structural functionalism and conflict theory.

4.0 CONCLUSION

The various conflict theory have succeeded in relating conflict to our everyday life and the
social class in the society at large, the conflict struggle between group occupying different
socioeconomic positions in the same society. These groups compete for control of economic,
political and social resources and how this class conflict can manifest as physical violence.

5.0 SUMMARY

The following are the major highlights that you have learnt from this unit.

i. How conflict theory came about

ii. Those who have contributed to conflict theories.
iii. The relevance of these theories to our everyday life.
iv. The relevance of these theories to our society and class structures.
v. Conflict is an essential part of human right from birth to death.

6.0 Tutor Marked Assignment

i. Discuss at least two theories of conflict that you have been taught
ii. Analyze the importance of conflict theories for our everyday life.

7.0 Further Reading and Other Resources

Scott, B-etal, Theories of International Relations New York: Palgrave Macmillan, 2005.

Miller C.E, A glossary of Terms and Concepts in Peace and Conflict Studies 2nd Edition New
York: University for Peace, 2005.

11
MODULE 2: DEFINITION OF NEGOTIATION

Unit 1: Introduction: What is Negotiation?

Unit 2: Negotiation Strategies and Style
Unit 3: Sources of Power in Negotiation
Unit 4: Negotiation Process

UNIT 1
DEFINITION OF NEGOTIATION
1.0 Introduction
2.0 Objectives
3.0 What is Negotiation
3.1 How we Negotiate
3.2 Types of Negotiation
4.0 Conclusion
5.0 Summary
6.0 Further Reading and Other Resources
7.0 Tutor Marked Assignment

1.0 INTRODUCTION

Everyone negotiates almost every day but hardly does anyone bother about a systematic and
structural development of professional negotiation skills, because we negotiate so often,
sometimes even without realizing it, there is the tendency to assume that we have been doing
it well and thus foreclose the need for any formal training.

Effective negotiation skill is one that can be acquired and developed over time with training,
observation and practice.

2.0 OBJECTIVES

By the end of the unit, you should be able to:

1. Explain the concept of Negotiation

2. How to Negotiate
3. Explain types of Negotiation
4. Show how negotiation skills can be acquired and developed
5. Become an expert Negotiator.

3.0 WHAT IS NEGOTIATION

Communication, usually governed by pre-established procedures, between representatives of

parties involved in a conflict or dispute. As a technique in the management and resolution of
conflict, negotiation is conducted on various grounds to identify common interests and
develop unilateral or multilateral initiatives in pursuit of objectives to de-escalate a conflict
situation, or to formulate mutually satisfactory solutions towards resolution of a given
conflict.

Negotiation may be for the purpose of structuring commercial agreements, resolving

conflicts, managing operational problems and social relationships

12
Generally, whether it is for the purpose of structuring commercial arrangements or resolving
disputes or even managing social relationships, the skills required for successful negotiations
are virtually the same.

Exercise 1

Define the term Negotiation.

3.1 How we Negotiate

Negotiation may be formal or informal; it may be at arranged meetings or impromptu. Most

negotiations are informal. Consequently, there is always the danger of someone being
involved in one without being conscious of the fact that one is negotiating. Most people only
realize that they are negotiating where the process involves a pre-arranged formal meeting the
reality however is that negotiations may be done in the course of casual meetings.

Exercise 2

Write short notes on formal and informal negotiation.

3.2 Types of Negotiation

There are seven types of Negotiations

1. Win-Lose Negotiations

In game theory, they call a win-lose negotiation a zero-sum game. A common analogy for
zero-sum game is dividing a pie. The pie doesn’t get smaller or bigger. The players play a
game to decide who gets the bigger slice.

2. Win-Win Negotiation

This types of Negotiation involves two people who decide to go into business together, their
partnership negotiation are win-win. One partner may win and the other may lose. However,
a win-win outcome is possible.

3. Lose-Lose Negotiation

Involves a situation in which everyone is going to lose. Lawsuits are often lose-lose

4. Adversarial Negotiations

Adversarial negotiation is highly competitive in nature. Win-lose and lose-lose negotiations

are most likely to be adversarial. Nobody wants to lose, this tends to drive intense
competition in some cases, win-win negotiation is also adversarial. For example, high stakes
business to business sales negotiation often become adversarial.

In extreme cases, negotiations are adversarial because the parties involved intensely dislike
each other. In such cases, negotiation may not be interested in winning; instead they may
seek to maximize the losses of the other party.

13
5. Collaborative Negotiations

Collaborative Negotiations are creative and friendly. For example, business partnership
negotiations are often collaborative. Win-win negotiations that are expected to yield big wins
tend to be collaborative.

6. Multi-Party Negotiations

Multi-party negotiations are complex negotiations between two or more parties. They can be
extremely challenging and may take years to complete.

7. Bad faith Negotiations

Bad faith negotiation occurs when a party makes commitment that they have no intention of
keeping. Bad faith negotiation is often used as a delay or diversionary tactics.

Exercise 3

List and explain 3 types of Negotiation

4.0 CONCLUSION

The voluntary nature of negotiation grants the parties direct control over the process and
outcome, both of which can vary widely. The process involves numerous skills and tactics.

Outcomes may range from authorized documents informal agreements to adjusted procedures
and institutional arrangement. Negotiation may also be employed as a stalling technique,
although unstated, where concrete results are not expected by participating parties.

5.0 SUMMARY

The following are the highlights of what we have learnt in this unit:

i. Negotiation is usually governed by pre-established procedures between representative of

parties involved in conflict.
ii. How we negotiate which can be formal or informal.
iii. There are seven types of negotiation: win-win, lose-lose, win-lose, adversarial,
collaborative multi-party and bad faith negotiation.
iv. Importance of Negotiation in conflict.
v. You need to be trained to be become a negotiator because it requires some techniques and
tactics.
6.0 TUTOR MARKED ASSIGNMENT
i. How true is the assertion that negotiation can be a lengthy and cumbersome process?
ii. Write short notes on formal and informal negotiation.

7.0 FURTHER READING AND OTHER RESOURCES

Raiffa, The Art and Science of Negotiation, Cambridge: Harvard University Press, 1982

Morton Deutsch, The Resolution of Conflict: Constructive and Destructive Process, New
Haven, CT: Yale University Press. 1973.

14
 UNIT 2

NEGOTIATION STRATEGIES AND STYLES

1.0 Introduction
2.0 Objective
3.0 Negotiation Strategies
3.1 Competitive Strategy
3.2 Distributive Strategy
3.3 Integrative Strategy
3.4 Negotiation Style
3.4.1 Soft Style
3.4.2 Firm Style
3.4.3 Hard Style
4.0 Conclusion
5.0 Summary
6.0 Further Reading and Other Resources
7.0 Tutor Marked Assignment

1.0 INTRODUCTION

Negotiators usually expect give and take. While they have interlocking goals that they cannot
accomplish independently, they usually do not want or need exactly the same thing. The
disputants will either attempt to force the other side to comply with their demands, to modify
the opposing position and move towards compromise.

2.0 OBJECTIVES

By the end of this unit, you should be able to

1. State negotiation strategies

2. List and explain negotiation style
3. State the challenges associated with negotiation strategies and styles.

3.0 NEGOTIATION STRATEGIES

The negotiation strategy which is the overall game plan or approach to achieve a specific goal
or objective is to potentially find and make an agreement or contract in a negotiation with
another party or parties. It may be either competitive or distributive.

Exercise 1

Why do we need strategy in negotiation?

3.1 Competitive (win-lose) approach is where parties take positions and attempt in the
negotiations to get the opposing party to agree to such position. With the competitive
strategy, parties approach the issues like a fixed pie with each sides goal being to take as
much share as possible in the process. There is the tendency for negotiation to adapt some
tricks, techniques and tactics in order to gain undue advantage over the opponent.

15
 3.2 Distributive Strategy

This strategy is also popular; it involves allocating shares of a finite resource among the
negotiators. With limited resources for the taking, every negotiating party views every other
party as an adversary tries to put its best foot forward to grab a bigger chunk of the resources.
It is important for the negotiating teams to have a good idea of the competitive position of the
other negotiators.

3.3 Integrative Strategy

This involves a joint initiative that will prove beneficial to all the negotiating parties. This
strategy focuses on developing mutually beneficial agreements based on the interest of the
disputants. Such interests include needs, desires, etc.

Integrative strategy refers to the potential for the parties’ interests to be combined in ways
that create joint value. The potential for integration only exist when there are multiple issues
involved in negotiation. This is because the parties must be able to make trade-off across
issues in order for other sides to be satisfied with the outcome.

Exercise 2

Write short notes on distributive strategy and integrative strategy.

3.4 Negotiation Style

Generally, negotiation style may be soft, firm, or hard depending on the circumstance.

3.4.1 Soft Style: A soft negotiator is one who aims to reach an agreement at all cost in a in a
bid to avoid ‘hurting’ the other party. In the process, he may become over
accommodating to the extent of making concessions that may not truly satisfy his own
interest. Such negotiation style is not to be encouraged because the opposing party may
take undue advantage of the weakness inherent in the soft style and demand unreasonable
concession.
3.4.2 Firm Style: A firm negotiator is principled, purposeful and professional in his approach
to the bargaining process. Such a negotiator would pursue the attainment of his goals in
the transaction, while also not ignoring the interest of the other party. The firm
negotiating style is to be preferred for successful negotiations.
3.4.3 Hard Style: The hard negotiator is one who is tough in the bargaining. A common
character of such negotiations is to start high and concede slowly. A major setback of the
hard style is that where the opponent also adopts the same approach, then the negotiation
will most likely end in a deadlock. Midway between the hard and soft negotiation style is
firm approach.

Exercise 3

Write short note on any two negotiation style.

4.0 CONCLUSION

While it is necessary to determine at the onset the style to adopt in the negotiations, it should
be expected that the actual bargaining would proceed on some clear-cut style frame-work.

16
What is important is that negotiations have the ability to control the process and adjust
professionally to changing circumstances in the negotiation.

5.0 SUMMARY

The following are the essential highlights of what we have learnt in this unit

i. That negotiation has objectives and goals.

ii. The various types of strategy a negotiator will employ include integrative and
competitive.
iii. The style used in negotiation process is also discussed.
iv. The negotiators also have the ability to adjust the process depending on the circumstance.

6.0 TUTOR MARKED ASSIGNMENT

Discuss the importance of negotiation to conflict resolution.

7.0 FURTHER READING AND OTHER RESOURCES

Akindele R.A, and Bassey Ate, Beyond Conflict Resolution, Lagos: Nigerian Institute of
International Affairs, 2001.

Oyesola, D.O.P. Conflict and Context of Conflict Resolution Ile-Ife: Obafemi Awolowo
University Press Limited, 2005.

17
 UNIT 3

SOURCES OF POWER IN NEGOTIATION

1.0 Introduction
2.0 Objectives
3.0 Definition of Source of power in Negotiation
3.1 Competition
3.2 Legitimacy
4.0 Conclusion
5.0 Summary
6.0 Further Reading and Other Resource
7.0 Tutor Marked Assignment

1.0 INTODUCTION

Negotiating power play a major role in every type of negotiation. The perception of power
affects the ability of each party to achieve its goal. The source of power can influence the
outcome of a negotiation.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

1. Define source of power in negotiation.

2. i. Explain what power is in negotiation
ii. List and explain some sources of power

3.0 DEFINITION OF SOURCE OF POWER IN NEGOTIATION

Power in negotiation is the ability to exercise control over the outcome of the discussions.
Generally, the ability of a party to influence the outcome of a negotiation is considerably
increased when the party recognizes the existence of a particular element of power. Power is
even more potent if the opponent understands that the party has power to punish or reward.
Power in negotiation comprises both actual and perceived power.

Thus, what is important in most cases is not the fact that the opponent perceived the existence
of power whether such power actually exists as a fact. Understanding the sources of power
will enable a negotiator use them when they avail or counter them when they are in favour of
the other party.

Exercise 1

“Power is an essential tool in Negotiation” Discuss.

3.1 Competition: The basic laws of economics on the effect of surplus or scarcity of a
commodity on the value also apply to negotiations. In negotiations, competition may be
generated or eliminated, depending on which side one is, as a deliberate ploy to influence
the outcome of the process.

18
3.2 Legitimacy: People tend to be swayed to act based on their belief in the legitimacy of
official authority, peer authority, expert opinion or role model. In negotiation, these may
also be used as anchors in getting a party to agree to certain proposals. Tradition teaches
us to be legal or institutional.

Exercise 2

Discuss the term competition as a source of power in negotiation.

4.0 CONCLUSION

Power and its sources are essential in negotiation because where competition exist, power is
needed to exercise control over the other party.

5.0 SUMMARY

The following are the highlights of what we have learnt in this unit.

i. Power in negotiation is to exercise control over outcome of discuss.

ii. Sources of power in negotiation include competition, legitimacy etc.
iii. Power enables a party to get the other party to agree to certain proposals.
iv. Negotiation increases when certain elements of power exist.

6.0 TUTOR MARKED ASSIGNMENT

1. “Power is more potent if the opponent understands that the party has power to push or
reward” How true is this assertion about the source of power?
2. “A power-based negotiation is more evident where the parties adopt the competitive
negotiation strategy” Discuss.

7.0 FURTHER READING AND OTHER RESOURCES

Best, S.G. (ed.) Peace and Conflict Studies in West Africa Ibadan: Spectrum Books Ltd,
2006.

Dada J.P. and Adejo, A.M. Issues in History and International Studies Makurdi: Aboki
publishers, 2007.

19
 UNIT 4
NEGOTIATION PROCESS

1.0 Introduction
2.0 Objective
3.0 What is Negotiation Process
3.1 Preparation
3.2 Opening Phase
3.3 Bargaining Phase
3.4 Closing Phase
4.0 Conclusion
5.0 Summary
6.0 Further Reading and Other Resources
Tutor Marked Assignment

1.0 INTRODUCTION

The exploration by parties to determine if negotiations might act as a successful technique of

conflict resolution between them and if so, the sequent joint process of developing procedure
for such negotiations.

2.0 OBJECTIVES

By the end of this unit, you should be able to:

1. Explain the process of negotiation

2. Identify various major stages of negotiation process
3. Explain one stage leads to the other in negotiation process
4. Show that the process commence before most negotiations realize it.

3.0 WHAT IS NEGOTIATION PROCESS

Negotiation is not just an event, it is a process which usually commences long before even
most negotiators realize it. Although no strict categorization of the different stages in the
process can be made for the purpose of intellectual analysis, the major stages in negotiation
may be identified as preparation, opening, bargaining and closing stage.

Exercise 1

Define negotiation process?

3.1 Preparation Stage

Good planning and preparation is at the corner of all successful negotiations. At this
preparation phase you should develop coherent strategic framework to guide you in the
proceeding at the bargaining table. It is important to have focus and direction in the
negotiations.

Preparation stage is about setting out what you hope to achieve and how you intend to
achieve it. In the negotiation there may be cause to review your strategy and make
adjustments as invents unfold in the negotiation.
20
It is necessary to consider the following matters during the preparation stages:

i. Determine your Best Alternative to Negotiation Agreement (BATNA) as well as that of the
opposing party.

ii. Know the parties. Understand the personality, character, and antecedents of both the other
negotiator.

iii. Know the real interests of the parties and work out how you can satisfy them while not
also compromising your own interest.

iv. Determine your negotiation style and strategy and anticipate circumstance that may
warrant adjustment as the negotiation progresses.

v. Assess the power balance and know your source of power as well as that of the opponent.

3.2 Opening Phase

The opening phase is the first of the 'event' stage and lays the foundation for the bargaining
phase of the negotiations. The parties are expected to use the opportunity to state their cases
and what they consider to be the main issues for discussion in the negotiating.

Sometimes there is a problem in deciding which party should open the discussion. However,
as soon as the parties have set up the issues for discussion, the negotiation should then
proceed to the bargaining phase.

3.3 Bargaining Phase

The bargaining phase offers the parties the opportunity to debate, rationalise, scrutinise and
agree on the issues highlighted at the opening phase. It is the stage where the parties persuade
the opponent to accept their offers and counter offers.

Where the competitive strategy is predominant, parties are likely going to adopt a variety of
negotiation tactics in order to sway the opponent to accept their positions.

3.4 Closing Phase

During the bargaining phase parties would have discussed and agreed on the major issues. At
the closing phase parties should ensure that they deal with all objectives or queries raised by
the other side in the bargaining phase. At this stage, partys fine tune the details of the
agreement and ensure that all issues necessary for having an enforceable and feasible
agreement have been tackled.

Negotiators are advised to reduce their agreement into writing. They may have to specifically
agree on the form of documentation necessary in the circumstance.

Exercise 2

1. Highlight the measures that should be put in place at the preparation stage?

2. What does the opening stage of negotiation require?

3. Is it right to say that negotiation may still be deadlock at the closing phase of negotiation.
21
4.0 CONCLUSION

Professional negotiation skills can be learnt and practice. Individuals who engage in
negotiation need not approach it is an ad hoc event with their success in a particular case
primarily dependent on intuition and instinct.

5.0 SUMMARY

In this unit, we have learnt:

1. What negotiation process is, that it usually commence before the process

2. The various stages of negotiation.

3. What the stages are expected from a negotiator.

4. The strategy the negotiator is expected to employ at every stage of the process

6.0 TUTOR MARKED ASSIGNMENT

1. Discuss negotiation process

2. Analysis the bargaining phase of negotiation process

7.0 FURTHER READINGS AND OTHER RESOURCES

Ho-Won Jeong, Peace and Conflict Studies: An Introduction, Aldershot, England: Ashgate
Publishing Co., 2000.

Richard Ned Lebow, Between Peace and War: The Nature of International Crisis, Baltimore:
The John Hopkins University Press, 1980.

22
 MODULE 3
BARGAINING AND CONFLICT RESOLUTION

UNIT 1: WHAT IS BARGAINING?

1.0 Introduction
2.0 Objectives
3.0 What is Bargaining
3.1 Types of Bargaining
4.0 Conclusion
5.0 Summary
6.0 Further Reading and Other Resources
7.0 Tutor Marked Assignment

1.0 INTRODUCTION

In any situation in which social beings are gathered together, possessing different
backgrounds, interests and world views, there are bound to be differences of opinion. These
differences of opinion could sometimes escalate into aggression and violence. This could
start at the individual level, but may eventually spread to the larger society. Just as peace and
co-operation is desirable, conflict too could be progressive when not allowed to become
destructive.

Conflict resolution requires a more analytical, problem-solving approach. It requires

identifying the causal factors behind the conflict, and finding ways to deal with them.

2.0 OBJECTIVES

By the end of this unit, you should be able to:

i. Know what bargaining is talking about
ii. Know that conflict resolution is beyond negotiation.
iii. Show that it requires a more analytical problem solving approach.
iv. Explain the various mode of conflict resolution.
v. Discuss Strategies of conflict resolution.

3.0 WHAT IS BARGAINING

This is an agreement between two or more groups. It is a process of establishing and building
relationship through which participants jointly try to reach agreement on issues of individual
or mutual concern.

Concessions, incentives, and threats are issued by parties engaged in a process of negotiation.
Bargaining should not over shadow the process of negotiation. Yet, it offers an insight into
one aspect of how negotiations are conducted. Such exchange may occur over a single
concern or multiple issues, but the parties often tend to offer initially what they view as less
valuable in order to obtain what they consider to be more valuable.

23
Bargaining is not a straight forward exercise or mutual exchanges. In sophisticated
applications, comparisons are drawn between the respective parties maneuvers which are
monitored in order to identify patterns that may be exploited as the bargaining continues.

Exercise 1
What role does bargaining play in conflict resolution?

3.1 TYPES OF BARGAINING STRATEGIES

There are two types of bargaining strategies in conflict resolution;

i. Distributive Bargaining Integrative Bargaining

Distributive Bargaining: This is the simplest form of negotiation. Here, one party wants
something at the expense of the other party. It is a win-lose situation. In such negotiations,
each party has an aspiration position, it can also be called position bargaining.

Integrative Bargaining: An attempt is made to bridge the gap between the interests of the two
parties by developing a possible package of negotiation elements. It is a situation where
parties have to shift grounds because the emphasis is based on the parties’ interest. Their
bargaining may lead to compromise and also a collaborator interest bargaining. The area of
focus of this kind of bargaining is the interest base of the parties involved.

Exercise 2
Discuss the two types of Bargaining Strategies.

4.0 CONCLUSION

This unit has discussed what bargaining is in conflict resolution bargaining is necessary in
conflict resolution because peace and cooperation is desirable.

5.0 SUMMARY

The following are what we learnt from this unit:

1. That bargaining has to do with agreement between two or more parties.
2. Bargaining cannot overshadow negotiation.
3. The interests of the parties are involved.
4. The type of bargaining strategies involved in the process.
5. That compromise and collaboration is possible in bargaining.

6.0 TUTOR MARKED ASSIGNMENT

1. Write short notes on distributive and integrative bargaining.
2. How useful is bargaining to conflict resolution

7.0 FURTHER READINGS AND OTHER RESOURCES

Morton Deutsch, The Resolution and Destructive Processes, New Haven, CT: Yale
University press. 1973
John W. Burton, Conflict: Resolution and Prevention, New York, NY: St. Martin’s Press Inc.
1990.
24
 UNIT 2

CONFLICT RESOLUTION

UNIT 2: CONFLICT RESOLUTION

Content
1.0 Introduction
2.0 Objectives
3.0 What is Conflict Resolution
3.1 Modes of Conflict Resolution
4.0 Conclusion
5.0 Summary
6.0 Further Reading and Other Resources
Tutor Marked Assignment

1.0 INTRODUCTION

To resolve conflict, a relatively stable solution that identifies and deals with the underlying
sources, or root causes of the conflict must be found. Resolution means going beyond
negotiating the interest of the respective parties to meeting the basic needs of all the sides,
while finding a way to respect their underlying values and identities.

2.0 OBJECTIVES

At the end of the unit, you should be able to;

1. Explain the concept of conflict resolution.
2. Discuss the modes of conflict resolution
3. How sensitive conflict resolution is to culture.

3.0 WHAT IS CONFLICT RESOLUTION

Conflict resolution is a range of methods for eliminating sources of conflict. The term
“conflict resolution” is sometimes used interchangeably with the term “dispute resolution” or
“alternative dispute resolution”. The processes of conflict resolution generally include
negotiation, meditation and diplomacy.

Conflict resolution as both a professional practice and academic field is highly sensitive to
culture. In western cultural contexts, such as the United States, successful conflict resolution
usually involves fostering communication among disputants, solving and drafting agreement
that meet their underlying needs. In these situations, conflict resolvers often talk about
finding the win-win solution, or mutually satisfying scenario, for everyone involved.

In many non-western cultural contexts, such as Afghanistan, it is also important to find “win-
win” solutions. In this context, direct communication between disputants that explicitly
addresses the issues at stake in the conflict can be perceived as very rude, making the conflict
worse and delaying resolution.

It can make sense to involve religious, tribal community leaders, to communicate difficult
truths indirectly through a third party and make suggestions through stories. Intercultural
25
conflict are often the most difficult to resolve because the expectations of the disputants can
be very different and there is much occasion for misunderstanding.

Conflict resolution is an expanding field of professional practice, around the world. The
escalation of conflict has increased the use of third parties who may serve as conflict
specialists to resolve conflicts.

The expansion of the field has resulted in the need for conflict resolution practitioners to
work in a variety of settings such as in business court systems, government agencies and
educational institutions.

Exercise 1
Discuss conflict resolution as a professional field of study.

3.1 Modes of Conflict Resolution

There are five basic ways of addressing conflict:

1. Accommodation: Surrender one’s needs and wishes to accommodate the other party.

2. Avoidance: Avoid conflict by ignoring it, changing the subject. Avoidance can be
useful as a temporary measure to buy time or as an expedient means of dealing with
very minor, non-recurring conflicts in more severe cases, conflict avoidance can
involve severing a relationship.

3. Collaboration: Work together to find a mutually beneficial solution.

4. Compromise: Bring the problem into the open and have the third person present. The
aim of conflict resolution is to reach an agreement and most often this will mean
compromise.

5. Competition: Assert one’s viewpoint at the potential expense of another. It can be

useful when achieving one’s objective outweighs one’s concern for the relationship.

4.0 CONCLUSION

What is important and should be taken note of is that during negotiations it is important that
each party come to the table ready to sacrifice certain advantages without which a resolution
will be difficult. Oftentimes, failure to make sacrifices has resulted in the intensification of
the conflict once the initial efforts at resolution fails.

Exercise 2
Explain 2 modes of conflict resolution you know.

5.0 SUMMARY

The following are the highlights of what we have learnt:

1. The meaning of conflict resolution.
2. How sensitive conflict resolution can be to the culture of people.
26
3. It is an expanding field of professional practice.
4. The usefulness of traditional rulers to conflict resolution.
5. There are several of modes of conflict resolution and how to employ them in conflict
resolution process.

6.0 TUTOR MARKED ASSIGNMENT

1. Discuss how possible it is to get a win-win situation in non-western context.

7.0 FURTHER READING AND OTHER RESOURCES

John Paul Lederach, Preparing for Peace: Conflict Transformation Across Cultures Syracuse
University Press 1996.

Roger Fisher Elizabeth Kopelman, Andrea Kupper Schneider, Beyond Machiavelli: Tools for
Coping with Conflict Cambridge, M.A: Harvard University Press 1994.

27
 UNIT 3

STRATEGIES OF CONFLICT RESOLUTION

1.0 Introduction
2.0 Objectives
3.0 Mediation as Strategy for Conflict Resolution
3.1 Conciliation
3.2 Arbitration
3.3 Litigation
4.0 Conclusion
5.0 Summary
6.0 Further Reading and Other Resources
7.0 Tutor Marked Assignment

1.0 INTRODUCTION
This unit will examine the different strategies that could be used for conflict resolution. These
include mediation, conciliation, arbitration and litigation.

2.0 OBJECTIVES
By the end of the unit, you should able to
1. Examine the strategies for conflict resolution.
2. Explain how operational they are to conflict resolution.
3. Distinguish between conciliation and arbitration as strategy for conflict resolution.

3.0 MEDIATION AS STRATEGY FOR CONFLICT RESOLUTION.

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 have a general interest in the resolution of a given conflict. They are able to operate
neutrally and objectively.

Mediation acts as a means of facilitating communication, through the consent of the vested
parties that are unable to formulate mutually satisfactory resolutions on their own. The
process is usually initiated by the intended external mediator such as an international
organization, government or non-governmental organization or by a weaker party of the
conflict.

Mediators often spend time with each party to the conflict through what has come to be
known as “shuttle diplomacy” especially when the parties are unwilling to meet each other or
joint meeting is not leading to progress. The contending parties nonetheless maintain
considerable control over the process and the outcome.

Two theories explain how mediation can be successful, the first focuses on the personal skills
and characteristics of the mediator(s) and the other emphasizes the environmental and
contextual factors relevant to the conflict in question. In either case, assessing the process or
agent of mediation efforts, which in turn entail multiple third parties and an ever-changing
environment.

28
Although a mediator cannot force an outcome, the process is very often effective. The key is
the ability of the mediator to create a more productive discussion than the parties could have
had by themselves. They do this by showing impartiality with parties and also generate new
ideas.

Exercise 1
Explain how mediation can facilitate communication among disputants.

3.1 Conciliation
The voluntary referral of a conflict to a neutral external party (in the form of an unofficial
commission) that either suggests a non-binding settlement or conducts explorations to
facilitate more structured techniques of conflict resolution.

Conciliation differs from mediation in that the main goal is to conciliate, most of the time by
seeking concessions. In mediation, the mediator tries to guide the discussion in a way that
optimizes party’s needs, takes feelings into account and reframes representations.

If the conciliator is successful in negotiating an understanding between the parties, the

understanding is almost always committed to writing (usually with the assistance of a legal
counsel) and signed by the parties, at which time it becomes a legally binding contract and
falls under contract law. Most conciliators are highly skilled negotiators.

Exercise 2
Distinguish between mediation and conciliation.

3.2 Arbitration
A mechanism for resolving conflicts whereby the disputants identify their grievances and
demands, fix a procedural process, and willingly submit the decision of outcome, which are
to be final and binding, to an external entity.

Arbitration, in law, is a form of legal alternative to litigation whereby the parties to a dispute
agree to submit their respective positions through agreement or hearing to a dispute to a
neutral third party arbitrator(s) or arbiter(s) for resolution. Since arbitration is based upon
either contract law or the law or the law of treaties, the agreement between the parties to
submit their dispute to arbitration is a legally binding contract.

Arbitration exists under national and international law, and arbitration can be carried out
between states and private individuals.

Arbitrations are not bound by precedent and have great leeway in such matters as: active
participation in the proceedings, accepting evidence, questioning witnesses and deciding
appropriate remedies. Arbitrators may visit sites outside the hearing room, call expert
witness, seek out additional evidence, decide whether or not the parties may be represented
by legal counsel. It is this great flexibility of action which combined with costs, usually far
below those of traditional litigation, that makes arbitration so attractive.

To ensure effective arbitration and to increase the general credibility of the arbitral process,
arbitrators will sometimes sit as a panel, usually consisting of three arbitrators. Often the
three consist of an expert in the legal area within which the dispute falls.
29
Exercise 3
What role dose arbitration play in conflict resolution?

3.3 Litigation
Litigation is a lawsuit or a civil action brought before a court in which the party commencing
the action, the plaintiff, seeks a legal remedy, usually for an offence. If the given plaintiff is
successful, judgment will be given in the plaintiff’s favour, and court orders may be issued to
enforce a right, impose a penalty, award damages, impose an injunction to prevent an act.

Litigation begins the moment someone decides to formally enforce or defend his or her legal
rights. In most cases, this happens the moment a party hires an attorney to represent their
interests. Most attorneys engage in a variety of “pre-suit” litigation activities.

These can include many things from writing a letter on a client’s behalf called a “demand
letter” to demand that a party compensate a victim for economic or physical injury to filling a
Notice of Eviction with a local court. Pre-suit litigation is subject matter specific and varies
depending on the circumstances surrounding a particular case. However, there are several
steps in litigation that occur in nearly every case.

The first step in any litigation is investigation. Litigation is meaningless without information
about the harm that occurred. Attorneys and parties often conduct extensive independent
investigation into the facts and potential outcomes of a particular case prior to filing suit.

A thorough pre-suit investigation focuses on the issues in the case and satisfies the wronged
party and his attorney that the harm was indeed caused by the potential defendant and that the
law provides for a remedy.

Knowing the facts of what occurred and how and why the law provides a remedy allows the
wronged party to present the case to the party who caused the harm effectively. It is also the
beginning of the wronged party’s preparation to present the facts to a court of law.

Pre-suit litigation includes negotiations between the parties designed to avoid the cost and
inconvenience of a formal lawsuit. The demand letter sent to the party who allegedly caused
the harm is designed to convince the party that the wronged person – the plaintiff, has a basis
for the claim and solid evidence and documentation of the money value of the harm caused,
to give the dependant the opportunity to settle prior to expanding large amounts of money in
the ensuing litigation.

The plaintiffs typically request more than they believe the defendant will be willing to pay.
The defendant will be willing to pay. The defendant often responds with an amount that is
less than they may actually be willing to pay. Still, it is not uncommon for a case to be settled
before or soon after a lawsuit is filed, for some amount in between what each party initially
proposed. Insurance companies in particular are proponents to early resolution.

The formal lawsuit is what most people think of when they hear the term litigation. A lawsuit
involves a plaintiff filling a formal complaint with the appropriate court, and then serving a
copy upon a defendant to provide them notice of the impending court case. The defendant
then files an answer within a prescribed amount of time, and law suit commences.

30
Exercise 4
Distinguish between litigation and lawsuit

4.0 CONCLUSION
There are different strategies that are used during conflict resolution and they have their
various methods and ways.

5.0 SUMMARY
The following are the major highlights of what we have learnt from this unit
1. Mediation is a strategy for conflict resolution
2. The two theories that explains how mediation can be successful
3. Conciliation is the referral of a conflict to a neutral external party.
4. The difference between mediation and conciliation.
5. That Arbitration is a mechanism for resolving conflicts.
6. That Arbitration is a form of legal alternative to litigation
7. Litigation is a pre-law suit process.
8. The step in litigation process.
9. Litigation is legal process of conflict resolution

6.0 TUTOR MARKED ASSIGNMENT

i. Distinguish between mediation and arbitration
ii. What is conciliation
iii. Write short note on litigation, pre-law suit,
iv. Arbitration

7.0 FURTHER READING AND OTHER RESOURCES

W. Burton and E. Frank Dukes, Conflict practices in Management, Settlement and Resolution
New York St. Martin’s Press, 1990.

Roger Fisher Beyond Machiavelli: Tools for Coping with Conflicts Cambridge, M.A. Harvard
University press 1994.

31