Transformative Methodologies for Conflict Resolution

Abstract

Conflict resolution is embedded with complexities and different theories. In the Western systems, a formalised epistemology of conflict resolution gained traction with various known scholars in the 1950s. However, now in the twenty-first century, having moved past the humble beginnings of Western conflict resolution, it must also be noted that indigenous tribes across the world have for thousands of years used different communal methods to resolve conflict in a participatory manner for the benefit of everyone. Using such methods, we have seen the abolition of apartheid in South Africa for the benefit for all and the avoidance of civil war, upholding the principle of ubuntu, and the realisation of democracy. In a world that has moved on from World War II, it is important to use existing knowledge and theory and adapt it to the circumstances of current global conflicts. Consonant with the concept of constitutional axiology, adaptation to changes in social, political and economic circumstances ensures that the law, rule of law, and theory of conflict resolution remain relevant. Moore’s five sources of conflict, namely interest conflict, structural conflict, values conflict, information conflict and personal conflict underpin the foundations of conflict. Thomas Kilmann’s five conflict-handling styles guide a specific strategy employed such as collaborate, compromise, compete, accommodate and avoid to overcome conflict. These tactics for overcoming conflict are still used in daily relationships to defeat conflict. Using transformative methodologies to resolve conflict is the key to unlocking sustainable eradication of conflict to achieve lasting relationships without conflict impasses. Applying the rational theory and the game theory of problem-solving to the actors in known conflicts such as the war between Russia and Ukraine does not overcome the complexities of social, political and economic issues. Using a critical approach to the war complexities would go beyond the known glass ceilings and conventional paradigms of thinking to reveal infinite possible solutions. Deconstructing the notion of “just institutions” for resolving conflict as well as just being ideally suitable is technically difficult because there is a plethora of challenges that confronts these different institutions on a daily basis, and a handful of solutions also triggers more burdensome challenges to overcome. This note uses an explorative and investigative approach to propose “just” recommendations for institutions to become sustainable in maintaining conflict eradication and management of complex issues in overcoming conflict. The note’s recommendations pertain to particular institutions, mobilising private and public organisations to work harmoniously and collaboratively in providing mechanisms to overcome conflict through sharing resources and knowledge. The note encourages the upholding of treaties and conventions in the enforcement of foreign arbitral awards, and ensuring that there is no conflict of law or impossibility of enforcement before choosing the arbitral seat for determination of conflict. Compensatory mechanisms to address harm caused should also address emotional loss; compensatory functions for restoration, and reconciliatory methods do not operate in silos and should not be isolated from each other.
    For example, companies’ carbon emissions have had a direct impact on climate change, causing more natural disasters affecting countries, economies and losses of livelihood. However, mere compensation does not end the violation of carbon emissions regulations. Such violations may be made deliberately for economic gain, which may outweigh the paying of penalties and fines, meaning that more initiatives need to be undertaken to achieve sustainable economies and livelihoods, and not merely maximum profits that disregard expanding inequality between people and multinational companies.
    The note explores different types of conflict, conflict theory, and cases from arbitral forums in South Africa, the African region, and the Permanent Court of Arbitration with the aim of enhancing and improving conflict resolution methodologies.