The negotiation process: a practioner's guide

Question 1

What are intractable conflicts?

Answer 1

Intractable conflicts refer to those that
exhibit characteristics of perpetual and enduring conflic.
* Parties have high level of antagonism
* Protracted (long-lasting)
* destructive
* resistant to conflict management

Characteristics:
escalate quickly
no zopa
cause substantial harm.

Perpetual-> seem to have no resolution or definitive end
Antagonism; strong opposition between two parties protracted duration (langdurig)

Question 2

Some key characteristics of intractable conflicts

Answer 2

• tendency to escalate rapidly
• absence of Zone of Possible Agreement (ZOPA)
• capacity to cause significant harm to all parties involved, and surroundings.

Question 3

hard to label intractable conflicts, why?

Answer 3

While some conflicts may exhibit seemingly intractable qualities, it is essential to recognize that the potential for solution and transformation may still exist, even in the most challenging situations. By exploring alternative approaches, engaging in sustained dialogue, and adressing deep-rooted underlying issues, it may be possible to navigate the complexities and move towards constructive outcomes in seemingly intractable conflicts.

Question 4

Causes of intractibility

Answer 4

• Irreconcilable moral differences
• High-stakes distributional issues
• Domination or ‘‘pecking order’’ conflicts
• identity conflicts

Question 5

Irreconcilable moral differences

Answer 5

Conflicting parties hold deeply entrenched and fundamentally incompatible moral or ethical beliefs.
These differences create significant barriers to finding common ground or reaching mutually acceptable solutions, as the parties’ moral frameworks shape their positions and actions.

Question 6

High-stakes distributional issues

Answer 6

When there are significant material resources, such as land, wealth, or power, at stake, the competition over their distribution becomes intense.
Disagreements arise regarding how resources should be allocated, leading to protracted conflicts as parties strive to secure their own interests and maximize their share of resources.

Question 7

Domination or pecking order conflicts

Answer 7

These emerge when there are power imbalances, and struggles for dominance/ control.

Question 8

Identity conflicts

Answer 8

When individuals/ groups strongly identify with specific religious, ethic, or cultural identities conflicts can become deeply rooted in these.
Protection or promotion of ones identity may lead to conflict/ difficulty to find common ground.

Question 9

Phases of intractability

Answer 9

First phase: Eruption Phase
marked by occurrence of a contentious episode that triggers the conflict.
. During this phase, parties involved in the conflict experience a sense of victimization and formulate grievances. The conflict is reframed as a zero-sum game, where one party’s gain is
perceived as the other’s loss

Question 10

Zero-sum game

Answer 10

one partys gain is perceived as others loss

Question 11

Escalation phase

Answer 11

Identities become polarized + new grievances emerge.
Goals become mutually exclusive, leading to a state of entrapment where parties feel trapped in the conflict.
Each party intensifies their investment in the conflict, aiming to improve their relative position (BATNA), and limit alternatives available to the opposing side.

Question 12

Institutionalization Phase

Answer 12

Characterized by the self-perpetuation of conflict.
During this phase, guiding rules on how to wage the struggle are created, legitimizing the ongoing fighting.
Conflict becomes deeply ingrained in social fabric, with fighting becoming a way of life. In some cases, the conflict even becomes a source of profit for certain individuals/groups.

Question 13

Role of mediator (Crocker et al: Building negotiation strategy!!)

Answer 13

is multifaceted and involves various key elements:

• mediator aims to obtain leverage by gaining a comprehensive understanding of the case.
  - -> entails knowledge of parties
  involved, their needs, and forms
  of power in context of
  conflict.
• -> understanding dynamics +
  interests enables to intervene
  effectively
• Readiness + capacity building (requirement of operational, political capacity, as well strategic + diplomatic skills)
• pivotal role in implementing new strategy
• instrumental in fostering progress.
  –> engaging in extensive and
  confidential consultations, to build trust + facilitate productive dialogue.
• practice self-constraint, maintaining impartiality + avoiding actions that could undermine mediation process.

Question 14

Key points practioners guide

Answer 14

• intractability is a continuum
• intractability is self-sustaining
• intractability is not a fatality
• a good mediator can help with conflict de-escalation.