COLLEGE STUDENTS' TRAINING Training POWERPOINT.pptx

GOOD TRAINING ON DISPUTES

1. ICS COLLEGE COLLEGES TRAINING Training Tuesday 3rd September 2024

2. Conflict , Violence and Conflict Resolution By: KEVIN SHINALI & SIMON KYALO Mobile Number – 0720123092/ 0715842299 ICS TECHNICAL COLLEGE

3. Training Objectives At the end of this training , participants should be able to; Explain what conflict is Explain the Forms of Conflict Explain different types of conflicts Explain the different causes of conflict Differentiate between conflicts and violence Forms of violence Positive & Negative Effects of conflicts Conflict resolution- Skills and methods used

4. Conflict - Introduction Conflict is a reality of social life. It exists at all levels of our society. Actually conflicts are as old as the world itself. Conflict is an inevitable and all-pervasive element in our society and in the world. Conflict occurs between two or more parties such as individuals, communities or countries .

5. So What is Conflict ( Migogoro ) ? A   serious disagreement or argument , typically one that is  long-drawn . Burton defines Conflict as  a long-term disagreement

6. Types of Conflict Intra-personal conflict – is one where the individual is not at peace with himself or herself. This occurs when an individual’s goal is frustrated, and they turn aggressive. Inter- personal conflict – An example is a conflict between a father & son, a politician and rival, a mother & their daughter. Intra group conflict - Such a conflict may occur within groups such as the family, an association, a co-operative movement, welfare group or a political party or even churches. Inter group conflict- It is conflict between two or more groups such as the Pokomo and the Oroma ethnic groups in Tana river / Kamba and Somali over grass and water.

7. Conflict can be good or bad Bad conflict is destructive G ood conflict enables reflection, regeneration , and change in society. N/B Indeed the world would not advance without major innovations and changes brought about by these kinds of conflicts .

8. Positive Effects of Conflicts Spotlight problems that require attention Force clarification Invigorate leaders to strive for solutions Directs the efforts of the society towards finding solutions Challenges old habits

9. Positive Effects of Conflicts cont. Restores dynamic creativity Positively change society Promotes group solidarity and cohesiveness Redefines and replaces outdated social values Exposes that which might require attention

10. Negative Effects of Conflicts Destruction of property Displacement of people H ostility Violence or threat to violence- Which may result to physical and emotional harm to people

11. Negative Effects of Conflicts cont . Slowdown in the decision- making process , as people are hostile to each other. Difficulties in achieving societal goals since hostility, violence or war lead to destruction . Change adjustment and accommodation

12. Sources / Causes of Conflict Frustration – e.g. born out of poverty- A French saying goes – A famished stomach has no ears. Individual differences – Being different by nature people have varying attitudes, aptitudes, abilities and ideals. Social Sub-division- Associated with status, expectation or pressures- all which carry responsibilities and mirror certain expected behavior. Social Structure – E.g. G overnment whose structures are build on or supported by tribalism, nepotism, discrimination, and corruption, incubate conflict. Such governments will always resist change because they thrive on such structures.

13. Sources of Conflict –Cont. Clash of Interests –Interest of racial or social groups, social classes, denominations, and nations often clash. Insecurity – Widespread insecurity of persons and property leads to prevalence of conflict. Cultural differences – Culture is a way of life. This cultural differences causes tensions and conflicts. Ideological differences – E.g. Communist East led by former Soviet union, and the capitalist west that was led by the united states- Which eventually resulted in Cold War Economic Inequality : Disparities in wealth, income, or economic opportunity can fuel resentment and lead to conflicts.

14. What is Violence? Violence is the use of physical force to cause harm to people, or non-human life, such as pain, injury, death, damage, or destruction.

15. Forms of Violence Structural Violence Direct Violence Gender Based Violence

16. Structural Violence R efers to a form of violence wherein social structures or social institutions harm people by preventing them from meeting their basic needs Examples: institutionalized racism in USA, apartheid in south Africa .

17. Direct violence Refers to physical or behavioral violence Examples: war, bullying, domestic violence, exclusion or torture

18. Gender based violence GBV is  violence directed against a person because of that person's gender (male or female) EXAMPLES OF GBV: sexual, verbal, physical, mental, economic/financial, threats of violence, coercion and manipulation, intimate partner violence , child marriage, FGM

19. Effects of violence Health/ Mental effects Injury, disability, Eating disorders, Sleeping disorders, Pregnancy complications, STIs -HIV, drug Abuse, Depression, Anxiety, Trauma

20. Effects of violence cont. Economic effects Inability to work and loss of wages , Lengthy and costly court battles; Loss of housing and property; Counseling and health care costs.

21. Effects of violence cont. Social effects Lack of participation in regular activities; Prevented from attending school, Trapped into abusive relationships; Isolation or alienation from family and friends;

22. Conflict Resolution Conflict Resolution is the   informal or formal process that two or more parties use to find a peaceful solution  to their disagreement. Conflict Management is a communication process for changing the negative emotional states in a conflict to positive emotional states that allow working out a solution to the conflict .

23. Useful skills required in conflict resolution Active Listening- maintain eye contact , Noticing (and using) non-verbal cues, Asking open-ended questions to encourage further responses. Empathy - put yourself in the other person’s shoes. Turn the issue around and analyze it from the other side. (do not sympathize) Problem-solving - “ think win-win.” Communication - Non-verbal communication refers to sending information without using sounds or words, while verbal communication is sending information using words or sounds.

24. Useful skills required in conflict resolution cont. Patience - It takes time to resolve conflict. Sometimes it is not a quick fix . Use Interest-Based Conflict Resolution method to look at the interests of both sides. Impartiality - Being impartial means that you can listen to both sides of the story and act accordingly. (Never take sides) Confidence - acknowledge and address conflicts without fear or avoidance

25. Methods of conflict resolution Litigation Alternative dispute resolution (ADR)

26. Litigation ( kesi mahakamani ) The most familiar type of dispute resolution that involves a defendant (ACCUSED- mshitakiwa ) facing off against a plaintiff ( ACCUSSER- mshitak i ) before a judge (s). The judge (s) is / are responsible for weighing the evidence and making a ruling. Lawyers typically dominate litigation.

27. ALTERNATIVE DISPUTE RESOLUTION Section 7 (1)(j) of the Legal Aid 2016 mandates the National Legal Aid Service (NLAS) to promote and facilitate the settlement of disputes ( ADR). Article 159 (2)(c) of the Constitution of Kenya 2010 which provides that in exercising judicial authority, the courts and tribunals shall promote alternative forms of dispute resolution including reconciliation , mediation , arbitration and traditional dispute resolution mechanisms.

28. What is ADR? ADR means of settling disputes through negotiation , mediation , arbitration , re conciliation and other informal dispute resolution mechanisms other than through the court process.

29. NEGOTIATION (MAJADILIANO / MAZUNGUMZO) Disputing parties arrive at a mutually acceptable solution without the help of a third party . The actual terms of the agreement are concluded by the parties and recorded.

30. Mediation ( upatanisho ) P arties to a dispute meet with a neutral third-party to settle the dispute

31. Reconciliation ( upatanisho ) Two people or groups of people become friendly again after they have argued seriously or fought

32. Arbitration ( usuluhishi ) Disputing Parties meet with a neutral third-party to settle the dispute and make legally binding decision

33. ADVANTAGES OF ADR Reduced Costs Time Efficiency Cultural Sensitivity Community Engagement Long-Term Reconciliation

34. Disadvantages of ADR Not legally binding except for arbitration . All parties to the dispute must agree to using ADR. Does not guarantee a resolution to the dispute. An ineffective third party can potentially hinder a resolution.

35. Features of effective dispute resolution system Prevent disputes from arising again. Healing parties' emotional wounds . Reconcile parties’ divergent interests. Determine the parties' rights.

36. Features of effective dispute resolution system cont. D etermine the facts of the case. Must offer lower cost alternatives.

37. CASE STUDY Think about one of the most challenging cases you have handled as a chief or an assistant chief. Share the case occurrence. How did you handle the case? What conflict resolution techniques did you use? What challenges did you encounter? What would you have done differently if you were to solve the case today?