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An introduction to the appealing to both human nature and negotiation

Introduction What this guide is about Wouldn't it be great if we could manage natural resources effectively and get the right balance between development and conservation? If we knew more of how to help people dealing with conflicts to avoid the undermining or disruption of natural resource management, lack of development or even outbreak of violence? And if we could assist in creating opportunities and strengthening people's ability to solve problems that arise in natural resource management, while helping to build positive relationships among people?

This guide looks at how negotiation and consensus building can be used to manage conflict and build collaboration. The guide provides practical, step-by-step advice on working with many different stakeholders to reach mutually satisfactory agreements in collaborative natural resources management.

An introduction to the appealing to both human nature and negotiation

As such, it is concerned with people's livelihoods - their means of living, and the influences that affect the ways in which they live and work. It is also concerned with sustainability - balancing conservation and development to meet the needs of women and men, now and in the future. But first, what do the terms "negotiations" and "consensus" mean? When people talk with one another in an effort to resolve their opposing interests, they negotiate.

Those who are involved in a negotiation are called parties. Some negotiations are simple and some are complex. Sometimes a negotiation involves two parties e.

Sometimes it involves multiple parties: It is important to remember that no-one can be forced into a negotiation. Negotiating is a voluntary activity. In some negotiations, the parties in dispute have become so entangled in their differences that they are no longer able to find any constructive solution by themselves.

In such cases, a so-called "third party" - a facilitator or mediator [1] - might be able to help. The other key word in the guide is consensus. Consensus does not mean that everyone gets what they want. It does not mean that there is a unanimous decision about an agreement, nor does it imply voting to obtain a majority. Consensus means that everyone feels that their interests have been addressed and that they can live with the agreement - they may have wanted a bit more here or a bit less there, but they can agree to live with the outcomes of a negotiation.

The purpose of consensual negotiations is to achieve the best possible outcomes for the most people, or at least an outcome that everyone can accept. Consensus building is a critical characteristic of collaborative natural resource management, where many different stakeholders, such as the State, communities, NGOs and the private sector, have to negotiate how best to share the management, entitlements and responsibilities arising from particular natural resources, such as a forest, an introduction to the appealing to both human nature and negotiation river, the sea coast or grazing land.

As such, consensual negotiations are more than an approach to conflict management. They have an important part to play in helping people to develop and improve the skills, knowledge and social networks that are important in their lives. How can this work? Different people see the world in different ways, and have different needs, strengths and goals. Consensual negotiations can help people to understand these differences, come to terms with them and take advantage of them in ways that are positive for both themselves and the community.

Relationships can be strengthened and trust can be built. Awareness of, knowledge about and skills to identify and overcome barriers to development can be increased. Consensual negotiations can strengthen arrangements that regulate access to and use of natural resources. They can also help to increase income and benefits through improved management of natural resources. Many successful collaboration arrangements have developed from new responses to long-standing conflicts over natural resources.

This shows that conflict can be a creative and helpful element in a society. However, greater stakeholder involvement in decision-making may also increase the potential for conflict. This is mainly for the following two reasons: Different people, groups and agencies have many different interests concerning the use of natural resources.

Sometimes an introduction to the appealing to both human nature and negotiation group's interests get in the way of another's. People, groups and agencies also have different types of power to influence negotiations and the outcome of conflict. Those with the greatest access to certain types of power tend to influence natural resource decisions in their own favour.

The differences on which a conflict can be based are an outcome of competition among individuals and groups over material goods, economic benefits, property and power.

When parties feel that their needs cannot be met, or perceive threats to their values, needs or interests, it may become necessary to intervene; some form of conflict management may be needed in order to avoid escalation into destructive and violent conflict. Anticipating and managing conflict are therefore critical ingredients of collaborative natural resources management. The challenge is to manage conflicts so that the advantages they bring can be maintained e.

The aims of conflict management are to: These approaches do not stand alone. It is helpful if they are fully integrated into a broad framework of collaborative management, building on processes that lead to mutual benefits and achievements.

It will be useful for extension workers, advisers of government organizations and NGOs, development agencies and private companies who want to learn how to assist people in the process of consensual negotiations. Trainers may use these materials as background for preparing courses in natural resource conflict management, while trainees may use them for background reading during their training and afterwards, when putting their learning into practice to manage conflict.

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The guide assumes that the reader already knows about and is experienced in collaborative approaches to natural resource management through involvement in community forestry, small-scale artisanal fisheries, integrated watershed management, etc. Objectives of the guide This guide offers practical guidance on how to establish and manage a process of consensual negotiations involving multiple stakeholders in collaborative natural resource management and other livelihood projects. In particular, it focuses on conflict situations where a third party mediator is asked to assist in order that consensual negotiations can take place and work effectively.

Choosing an appropriate strategy through which to address a particular conflict is an important issue. Sometimes, the best strategic choice can be to "do nothing". No single approach is effective in all cases because the people and issues in each conflict are different.

The guide therefore introduces and discusses some of the advantages and disadvantages of a range of conflict management approaches e.

The guide seeks to provide ideas on how to decide whether consensual negotiation is the most relevant strategy to address a particular conflict. The reader will find suggestions and recommendations for: In summary, the objectives of this guide are to: Effectiveness of consensual negotiations Consensual negotiations are more effective in addressing some types of conflicts than others. For example, conflicts arising from differing interests concerning resource use are negotiable, whereas basic needs, such as identity, security, recognition or equal participation within the society, are usually non-negotiable.

  • Incompatible interests Incompatible interests are things that people want and that cannot be achieved simultaneously;
  • It aims to overcome revealed forms of direct, cultural and structural violence by transforming unjust social relationships and promoting conditions that can help to create cooperative relationships.

Negotiation techniques are therefore less useful in resolving underlying structural tensions and identity conflicts than they are in resolving disputes over declining resource availability. The successful use of consensual negotiation is limited by two additional factors: What is in the guide?

The guide, divided into eight sections, provides the fundamental ideas and thoughts about or the conceptual foundations for consensual negotiations. The three annexes provide background material for further reading, to deepen understanding of specific issues of interest. An introduction to natural resource conflicts, collaborative management and sustainable livelihoods This section explains what natural resource conflicts are and how they may influence sustainable livelihoods. It examines the role of natural resource conflict management as part of collaborative natural resource management, and suggests where consensual negotiations can usefully be employed.

Managing conflict This section describes in greater detail the complex nature of conflict and explores different strategies and approaches in conflict management. It outlines the principles of consensual negotiations and discusses the strengths and limitations of this approach. The process map is explored further in later sections.

Dispute Resolution Reference Guide

Analysing conflict This section outlines why conflict analysis is essential, where and how it is conducted in the process map, and what tools and instruments may be employed see also Annex 2. Broadening stakeholder engagement This section explains how mediators can engage stakeholders in the conflict management process and help them to reflect about the causes of conflict and the options to address it, as well as helping them to prepare an introduction to the appealing to both human nature and negotiation for negotiations with other parties.

Negotiations and building agreements This section discusses how a mediator prepares and facilitates negotiations. Different steps in the negotiation process are outlined and good practices in mediation are suggested. Exit This section emphasizes the importance of monitoring an agreement, and discusses strategies for mediators who are gradually reducing their involvement as the parties gain skills, trust and confidence.

Collaborative natural resource management This annex provides a basic introduction to the principles and instruments of collaborative natural resource management for those who are less familiar with the concept. Field guide to conflict analysis This annex provides a user-friendly description of basic tools in conflict analysis for practitioners who want to apply them in the field.

Case studies This annex documents two cases of successfully facilitated consensual negotiations in Ghana. The case studies explain the background of the conflicts and describe the process of conflict management, along with the instruments applied, the difficulties encountered and the lessons learned. The case studies can be used in training. How to use the guide The guide explains how to establish and manage a process of negotiations. The suggested process map is subdivided into ten steps and is not a rigid blueprint.

The actual process is not linear, but moves forwards and backwards as needs and capacities change. This requires flexible handling of the steps according to how the process develops. Conflict management is a shared learning process.

Users of this guide are encouraged to adopt a learning approach. This means learning from experiences and applying, testing and adapting the different techniques and strategies provided here.

Managing conflict is a process of analysis, planning, action and - above all - reflection. Glossary Active listening Active listening is a way of listening that focuses entirely on what the other person is saying, and confirms understanding of both the content of the message and the emotions and feelings underlying the message in order to ensure that understanding is accurate Conflict Research Consortium, 1998.

Adversarial approach The adversarial approach to a conflict sees the other party or parties as the enemy to be defeated. The approach can be contrasted with the problem solving approach, which views the other party or parties as people with a common problem that needs to be jointly solved.

  1. Disputants Disputants are the people, groups or organizations that are in conflict with each other. In Kenneth Boulding's terms, force is used when people are told to "do something that I want, or else I will do something that you don't want".
  2. Livelihood goals Livelihood goals are the objectives pursued by people through their livelihood strategies.
  3. Common interests and values are stressed, as is the use of an objective approach, and the goal of the negotiations is a solution that is fair and mutually agreeable Footnote 6.
  4. In such a situation, it is essential to communicate clearly and effectively with the other party or parties in a negotiation. When emotions are effectively managed, they can become a resource for effective conflict resolution.
  5. Broadening stakeholder engagement This section explains how mediators can engage stakeholders in the conflict management process and help them to reflect about the causes of conflict and the options to address it, as well as helping them to prepare themselves for negotiations with other parties. Consistency in these matters will not only assist in ensuring the negotiations are as effective as possible, they will also reinforce one's credibility and can thus contribute to establishing mutual confidence and trust Footnote 15.

The adversarial approach typically leads to competitive confrontation strategies, while the problem solving approach leads to cooperative or integrative strategies for approaching the conflict situation Conflict Research Consortium, 1998. They see other parties as enemies to be defeated. Adversaries are also referred to as opponents, parties or disputants. Taking an adversarial approach typically leads to competitive confrontation strategies Conflict Research Consortium, 1998.

Advocacy Advocacy is the process of taking and working for a particular side or particular interests in a conflict. Lawyers engage in advocacy when they represent clients in legal proceedings. Disputants can also engage in advocacy themselves - by arguing for their own position in negotiation, mediation or political debate.