THE EVOLUTION AND DEVELOPMENT OF CONFLICT RESOLUTION

THE EVOLUTION AND DEVELOPMENT OF CONFLICT RESOLUTION








                             Table of  Contents

Chapter One: The Evolution and Development of Conflict Resolution
- Introduction
- Conceptual Clarification
- Foundations of Conflict Resolution
Chapter Two: Types of Conflicts and Approaches in Conflict Resolution
- Interpersonal Versus Intrapersonal Conflict
- Intragroup Conflict Versus Intergroup Conflict
- Intrastate Versus  Interstates Conflicts
- Approaches in Conflict Resolution

Chapter Three: Techniques Used in Conflict Resolution
- Mediation
- Negotiation
- Adjudication/Litigation
- Arbitration
- Reconciliation

Chapter Four: The Evolution and Development of Conflict Resolution: Tools Used by the United Nations in Conflict Prevention and Resolution 

- Conflict Prevention and Peacemaking
- Peacekeeping
- Peacebuilding
- Disarmament
- Counter Terrorism
- Peace Enforcement
Conclusion
















Chapter One: The Evolution and Development of Conflict Resolution
Introduction
It was a German philosopher and revolutionary leader, Karl Marx (1818-1883 ) in one of his scholarships The Communist Manifesto (1848), that notes thus: “the history of all hitherto existing society is the history of class struggle” (Marx 1848:3). According to him, human society is entangled by conflicts from time immemorial which is economically defined. Hence, it is impossible to have a conflict free world. It is human nature to disagree. That is why Doyle (2018) contends that eliminating conflict entirely would cause its own problems: there would be no diversity of opinion and no way for us to catch and correct flawed plans and policies.
              Since late 19th century till date especially after Second World War and Cold War era, scholars and conflict managers in their notable works like Louis Kriesberg, The Development of the Conflict Resolution Field (1997); Filippo Aureli and Frank De Waal, Natural Conflict Resolution (2000); Ho-won Jeong, Conflict Management and Resolution: An Introduction (2010), etc. have painstakingly focused on “the evolution and development of conflict resolution” in their researches and writings. Since, conflict is inevitable where there is two or more people, it will do us a world of good to focus our studies on conflict resolution mechanism which specifically emerged as a distinct discipline in the phase of cold war.
Therefore, in this research paper we analyses the origin and development of conflict resolution especially aftermath of Second World War and Cold War. In the course of this study in order to be analytical we shall examine this issue under different subtitles.

Conceptual Clarification
 Conflict
Conflict simply means a situation in which people, groups or countries are involved in a serious disagreement or dispute. It can also be described as a situation in which there are opposing ideas, opinions, feelings or wishes. Conflict general leads to psychological or physical unrest.
 Conflict Management
To manage is to deal with a difficult situation or issue decisively. Conflict management is the initial approach in conflict resolution. It is a communication process for changing destructive emotional states into constructive states that allow working out a joint solution in to conflict. Conflict management can help in reducing the dangers of crisis, creating some confidence and lessening suffering.
 Conflict Resolution
This is a process of resolving disputes between individuals, groups or nations. In other worlds conflict resolution is the process by which two or more parties engaged in a disagreement, dispute, or debate reach an agreement resolving it. It is a formal means of settling disputes.
 Conflicting Transformation
Conflict transformation is a significant step beyond conflict resolution. It is significantly different from conflict management and conflict resolution.

Foundations of Conflict Resolution
Researchers have written scholarly on the evolution of conflict resolution. There no doubt that our society had encountered serious world wars and many regional or domestic wars. After the end of First World War in the year 1920, world leaders joined to form a new world organization i.e. League of Nations. But the overall performance of League of Nations was very poor and the working of this world organization completely failed. No single reason can be identified for the failure of League of Nations. Series of factors combined to doom it. Many of the major countries did not join or co-operate in this organization.
After the end of second world war in the year 1945 many of world leaders met together in Sanfrancisco and formed the new world organization i.e., ‘United Nations Organizations’. Most of the nations joined this organization. The United Nations has three important sections like Security Council, General Assembly and the Secretary General. The United Nations provided several ways used to resolving conflict. Under chapter VI of its charter the United Nations has been provided with a set of techniques which it can use in order to secure peaceful settlement of disputes, including fact-finding, conciliation, mediation and negotiation. Under chapter VII of the charter, the Security Council was given power to use coercion and armed force if necessary to maintain or restore international peace and security.
At the end of the Second World War, the world was affected by another severe issue like cold war. During 1940’s America and Soviet Union were regarded as super powers. In the Second World War, they jointly fought against the axis of powers and at the same time they looked up mutually with a suspicious nature. The cold war was a period of intense global competition and unprecedented arms build up between the super powers. The term cold war was coined in 1947 by American analyst Walter Lippman2. The cold war may have begun some time between 1941 and 1945, and it may have ended in the years 1987 and 1991. It lasted four decades. In the year 1950 which was the height of cold war era, many of the world leaders were thinking as to how they could resolve conflict between the countries. In the mean time conflict resolution came in distinct field in international and domestic level. Former United States president Jimmy Carter and former foreign minister of the U.S.S.R. Eduard Shevardnadze played a major role in the conflict resolution at international level.
During 1950’s and 1960’s, major developments occurred in the field of conflict resolution. Many of research centers and journals were instituted to that period. Kenneth Boulding, Johan Galtung and John Burton are important peace researchers; they contributed many ideas in this field (Eze, 2015). From 1960-1980’s there was highly pronounced political unrest especially in Africa due to coup and counter coup d’etat. In some countries this led to civil war. For instance, the 1967-1970 Nigerian civil war was primarily caused by the 19966 military coup.
Hence, after the global community was able to curtail political unrest to some degree it faced another deadly terror conflict which is known as “terrorism”. The twenty-first century has been described by researchers as a “terror century”. The aftermath of 9/11 made the US to declared a total war on terrorism. Terrorism remains a major threat to world peace. In Nigeria, tens of thousands of people have been killed by Book Haram and other related terror groups. In summary, the evolution of conflict resolution is inexhaustible in this paper due to the limitations of pages in this research.











                                       Chapter Two
Types of Conflicts and Approaches in Conflict Resolution

Types of Conflicts
Conflict is classified into different types based on the parties that are involved. One of the notable works on the types of conflict was that of Conflict Research Consortium, University of Colorado, published in 2013. The institute classified conflict into four types. These are: interpersonal conflict, intrapersonal conflict, intragroup conflict and intergroup conflict. To maintain global perspective in this work we shall include intrastate and interstates conflicts.
Interpersonal conflict refers to a conflict between two individuals. This occurs typically due to how people are different from one another. We have varied personalities which usually results to incompatible choices and opinions.  On other hand, intrapersonal conflict occurs within an individual. Hence, it is a type of conflict that is psychological involving the individual’s thoughts, values, principles and emotions. Interpersonal conflict may come in different scales, from the simpler mundane ones like deciding whether or not to go organic for lunch to ones that can affect major decisions such as choosing a career path (Conflict Research Consortium, University of Colorado, 2013) .
Intragroup conflict is a type of conflict that happens among individuals within a team. The incompatibilities and misunderstandings among these individuals lead to an intragroup conflict. It is arises from interpersonal disagreements (e.g. team members have different personalities which may lead to tension) or differences in views and ideas (e.g. in a presentation, members of the team might find the notions presented by the one presiding to be erroneous due to their differences in opinion). Whereas intergroup conflict takes place when a misunderstanding arises among different teams within an organization. This is due to the varied sets of goals and interests of these different groups. Competition also contributes for intergroup conflict to arise. (Conflict Research Consortium, University of Colorado, 2013).
Intrastate Conflict this can be described as a formal conflict within a geopolitical state (country). This type of conflict more often lead to civil war. Countries like Nigeria, Liberia, the United States, Sudan, DR Congo, etc. have experienced this type of conflict. In other hand interstate conflict is a dispute between two or more states or countries. interstate conflict was what led to first and second World War in 1914-1918 and 1939-1945 respectively.

Approaches in Conflict Resolution
Scholars and conflict resolution experts have outlined and explained different steps and approaches disputes can be best settled or ameliorated. Our prime interest here is on the win-win-approach, dialogue and unilateral decision-making. Win-win-approach is the most common approach disputants pursue in their course to resolve disputes. Victory is the outcome preferred by most actors in dispute settlement. The victory of one side over the other, possible outcome in other parties’ capitulation, dissolution and disappearance of an actor. In this method superior party imposed certain powers to inferior party, lower parties’ emotions and interests were never considered. Due to this effect one party was always winning and other parties lost. This type of problem solving approach is not preferred by modern conflict resolution theory.
Dialogue or discussion is very important aspect in the dynamic approaches of conflict resolution. Highly “conflictual” situation parties are not able to interact with each other. In this situation third party intervention is more useful. Third party mediators are persuaded to the parties to importance in the necessities of dialogue or mutual understandings. Real conflict begins within the attitude of the parties. Purposeful discussions are conducted between the parties to change the attitude of the parties. Third party helps the conflicting parties by putting them in contact with one another, gaining their trust and confidence. They can facilitate meetings by arranging venue, reducing tensions, seeking the interests of the parties and sometimes guiding the parties to unrealized possibilities.
Another approach is to try to resolve your dispute all by yourself, which is a technique called unilateral decision-making. You can act unilaterally in three different ways. You can attempt to force your will on the other party, forcing the other to yield to your position. You can do the opposite and yield to the will of another, letting him win the dispute. Finally, you can refuse to play and simply avoid the dispute.
















Chapter Three
Techniques Used in Conflict Resolution

Techniques Used in Conflict Resolution
There are many techniques used in conflict resolution which is formally known as Alternative Dispute Resolution (ADR). ADR is an extra- judicial method of settlement of dispute(s) between two or more parties outside court of law (Eze, 2015). In other words, it is a different method or procedure through which dispute or conflict can be settled without formal court litigation or adjudication. It is a means of solving dispute outside court of law. ADR has been useful in resolving disputes peacefully without any formalistic accusations and counter accusations that usually characterize court processes. Due to incessant court adjournment, logistics and injustice in Nigeria legal system, many activists and analysts have advocated for the wider use of extra-judicial method in settling disputes.  This is because as it is often said that justice delayed is justice denied. Some of them are:

a. Mediation
This is one of the important methods in third party intervention use to settle disputes. It is one of the oldest methods of ADR. Now its relevance has increased in personal as well as group conflicts. Mediation should be distinguished from many other methods where by a third party may facilitate the settlement or resolution of conflict. The assistance of mediator in a negotiation can help produce a mutually acceptable solution. Consent to a mediation process is voluntary, and the disputants make final decisions on the issue. In this process a compromise can be reached through confidence in between the parties. Mediation is especially important at a stage when at least some of the conflicting parties have come to accept that pursuing the conflict is unlikely to achieve their goals, but they have reached the stage of accepting formal negotiation.

b. Negotiation
Negotiation is the most recommended and used ADR mechanism. Negotiation is a method by which people settle differences. It is a process by which compromise or agreement is reached while avoiding argument and dispute. In any disagreement, individuals understandably aim to achieve the best possible outcome for their position (or perhaps an organisation they represent) General: Bargaining (give and take) process between two or more parties (each with its own aims, needs, and viewpoints) seeking to discover a common ground and reach an agreement to settle a matter of mutual concern or resolve a conflict.
c. Adjudication/Litigation
Litigation is another important aspect of third party intervention in a peace process but it is not one of the types of ADR. It is a method of judicial or legal process. Modern court system is the best example of this intervention. In civil litigation, a defendant and a plaintiff face off before either a judge or a judge and jury, who weigh the evidence and make a ruling. One party in a dispute to take court action compelling the other party to join the proceeding even without the parties consent. When an interpersonal dispute leads to a breach of the criminal code and through the intervention of the police, it usually ends up in court. In the adjudication process all decisions are taken by the court officially. In a court system disputant parties present their argument before the jury. Hearing each side’s argument, the court takes the appropriate decisions. Each party is indebted to agree to the court verdict. Adjudication is the official programme existing in our society. Court settlement and police intervention maintains law and order in our society.

d. Arbitration
This is another quasi-judicial process within the legal system. In arbitration, which can resemble a court trial, a neutral third party serves as a judge who makes decisions to end the dispute. The arbitrator listens to the arguments and evidence presented by each side, then renders a binding and often confidential decision. Although disputants typically cannot appeal an arbitrator’s decision, they can negotiate most aspects of the arbitration process, including whether lawyers will be present and which standards of evidence will be used. Arbitrators need some specific qualities like fairness, impartiality, equity, good conscience and natural justice. In this system parties have the right to choose their arbitrators. Any coercion or power is not used in this system. In the case of arbitration, both sides of conflict parties agree in advance to accept the judgment of an arbitrator32. Arbitration system is entirely different from adjudication process.

e. Reconciliation
Reconciliation is part of a process towards establishing constructive relationship. The third parties have played a key role in establishing a climate for reconciliation, because they provide a related condition that enables the peace process. The ground work in establishing mutual motivation for problem solving is essential to enable the parties to stand back from their conflict, and to come to see it as a shared problem to be solved. In the period of reconciliation, participants are able to engage in the open expression of a painful past, and to mutually explore the truth for what has happened between them. After discussions and as mutual understanding an appreciation develops around the past about how justice may be achieved, participants are able to consider how to construct a shared future and rebuild their relationship in a better way2. Reconciliation is reestablishing harmony and cooperation between the antagonists and establishing an amicable relationship after a rupture involving extreme injury.
                                              Chapter Four
The Evolution and Development of Conflict Resolution: Tools Used by the United Nations in Conflict Prevention and Resolution

Tools Used by the United Nations in Conflict Prevention and Resolution 
The United Nations was established in 1945 "to save succeeding generations from the scourge of war” and one of its main purposes is to maintain international peace and security. The Charter of the United Nations gives the Security Council primary responsibility for the maintenance of international peace and security. In fulfilling this responsibility, the Security Council may adopt a range of measures, including the establishment of United Nations peacekeeping operations, whenever there is a threat to the peace in a region. The Council may also decide on sanctions, such as trade embargoes, to enforce its decisions. The Council expresses its will in resolutions.
The Security Council takes the lead in determining the existence of a threat to the peace or an act of aggression. It calls upon the parties to a dispute to settle it by peaceful means and recommends methods of adjustment or terms of settlement. Under Chapter VII of the Charter, the Security Council can take enforcement measures to maintain or restore international peace and security. Such measures range from economic sanctions to international military action. The Council also establishes UN Peacekeeping Operations and Special Political Missions
There are different instruments the UN use to prevent and resolve disputes across globe.  Some of the notable and effective mechanism are: conflict prevention and peacemaking, peacekeeping, peacebuilding, disarmament, counter terrorism, and peace enforcement.
 Conflict Prevention and Peacemaking
The United Nations uses the political tools of preventive diplomacy and mediation to help nations prevent and resolve conflicts peacefully. United Nations envoys are dispatched to areas of tension around the world to assist in defusing crises and brokering negotiated settlements to conflicts. The UN Secretary-General may exercise his or her "good offices" to facilitate the resolution of the conflict- steps taken publicly and in private, drawing upon his independence, impartiality and integrity, to prevent international disputes from arising, escalating or spreading.
 Peacekeeping
Peacekeeping has proven to be one of the most effective tools available to the UN to assist host countries navigate the difficult path from conflict to peace. Today's multidimensional peacekeeping operations are called upon not only to maintain peace and security, but also to facilitate political processes, protect civilians, assist in the disarmament, demobilization and reintegration of former combatants; support constitutional processes and the organization of elections, protect and promote human rights and assist in restoring the rule of law and extending legitimate state authority. Peacekeeping operations get their mandates from the UN Security Council; their troops and police are contributed by Members States; and they are managed by the Department of Peace Operations and supported by the Department of Operational Support at the UN Headquarters in New York. There are 14 UN peacekeeping operations currently deployed and there have been a total of 71 deployed since 1948.
 Peacebuilding
United Nations peacebuilding activities are aimed at assisting countries emerging from conflict, reducing the risk of relapsing into conflict and at laying the foundation for sustainable peace and development. The UN peacebuilding architecture comprises the Peacebuilding Commission , the Peacebuilding Fund and the Peacebuilding Support Office . The Peacebuilding Support Office assists and supports the Peacebuilding Commission with strategic advice and policy guidance, administers the Peacebuilding Fund and serves the Secretary-General in coordinating United Nations agencies in their peacebuilding efforts. The experience of the past has also led the United Nations to focus as never before on peacebuilding - efforts to reduce a country's risk of lapsing or relapsing into conflict by strengthening national capacities for conflict management, and to lay the foundations for sustainable peace and development. Building lasting peace in war-torn societies is among the most daunting of challenges for global peace and security. The United Nations established the Peacebuilding Commission in 2005 to better anticipate and respond to the challenges of peacebuilding.
 Disarmament
Since the birth of the United Nations, the goals of multilateral disarmament and arms limitation have been deemed central to the maintenance of international peace and security. These goals range from reducing and eventually eliminating nuclear weapons, destroying chemical weapons and strengthening the prohibition against biological weapons, to halting the proliferation of landmines, small arms and light weapons. These efforts are supported by a number of key UN instruments. The Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the most universal of all multilateral disarmament treaties, came into force in 1970. The Chemical Weapons Convention entered into force in 1997, the Biological Weapons Convention in 1975. The Comprehensive Nuclear-Test-Ban Treaty was adopted in 1996, however it has not yet entered into force. The 1997 Mine-Ban Convention came into force in 1999.
 Counter Terrorism
A global strategy to counter terrorism was agreed in September 2006 which marks the first time that all Member States of the United Nations have agreed to a common strategic and operational framework to fight terrorism. The Strategy forms a basis for a concrete plan of action: to address the conditions conducive to the spread of terrorism; to prevent and combat terrorism; to take measures to build state capacity to fight terrorism; to strengthen the role of the United Nations in combating terrorism; and to ensure the respect of human rights while countering terrorism.
 Peace Enforcement
Peace enforcement differs from peacekeeping as peace enforcement activities are generally used to create a peace from a broken ceasefire or to enforce a peace demanded by the United Nations. Peacekeeping involves monitoring and enforcing a cease-fire agreed to by two or more former combatants. Peace enforcement does not require the consent of the main parties and may involve the use of military force at the strategic or international level, which is normally prohibited for Member States under Article 2(4) of the Charter, unless authorized by the Security Council. Peace enforcement refers to the use of military assets to enforce a peace against the will of the parties to a conflict when, for instance, a ceasefire has failed. Peace enforcement often exceeds the capacity of peacekeeping forces and is thus better executed by more heavily armed forces.

Conclusion
In conclusion, the above analyses have shown that conflicts always happen in human society and  there are a lot of reasons behind these conflicts. Some special cases, parties are not able to resolve this crisis, at that moment; conflict management is the only way to resolve it. Effective conflict management may convince parties that have incompatible goals that they have to find some peaceful solution to their conflict. If conflict behaviour can be limited and controlled, and confidence building measures and security regime can be created. The United Nations as the only viable monopolistic world organization should live up to its expectation. It is primary aim for existence is to maintain international peace and security as it is richly stated in its charter. But since 1945 it came into existence, the world has witnessed and continue to witness all sort of political, cultural, religious and socioeconomic conflicts. The organization should henceforth make effective used of the aforementioned tools and shuttle diplomacy in preventing and curtailing conflicts across the globe.
           Research has also shown that many conflicts occur as result of communication breakdown. Therefore, good communication skills are needed anytime there is two or more parties. Much unnecessary conflict can be avoided simply with clear, accurate written and verbal communication; a single lost email could lead to failed plans and pointing fingers. Assumptions about what other people already know, think, or intend can cause resentment or worse. Many people argue simply because they want to feel heard. Good communication promotes empathy which simply means feeling what others feel. The ability to see a situation from someone else’s viewpoint, to understand their needs, motivations, and possible misunderstandings, is critical to effective conflict management. Some people are naturally more empathic than others, but empathy can be developed.







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