L. Bunce.

(A primary reference for this section is: Rijsberman, F. (ed.), 1999.)

A classic book on conflict management (Moore, 1986) opens with:

All societies, communities, organizations, and interpersonal relationships experience conflict at one time or another in the process of day-to-day interaction. Conflict is not necessarily bad, abnormal, or dysfunctional; it is a fact of life.

(p. ix)

Conflicts over fisheries and marine resources have many dimensions including, but not limited to, power, technology, political, gender, age and ethnicity. Conflicts can take place at a variety of levels, from within the household to the community, regional, societal and global scales. The intensity of conflict may vary from confusion and frustration over the directions fisheries management is taking to violent clashes between groups over resource ownership rights and responsibilities. Conflict may result from power differences between individuals or groups or through actions that threaten livelihoods (Buckles and Rusnak, 1999).

Buckles and Rusnak (1999) report that the use of natural resources is susceptible to conflict for a number of reasons:

• Natural resources are embedded in an environment or interconnected space where actions by one individual or group may generate effects far off-site.

• Natural resources are embedded in a shared social space where complex and unequal relations are established among a wide range of social actors – fishers, fish traders, boat owners, government agencies, etc. Those actors with the greatest access to power are also best able to control and influence natural resource decisions in their favour.

• Natural resources are subject to increasing scarcity due to rapid environmental change, increasing demand and their unequal distribution.

• Natural resources are used by people in ways that are defined symbolically. Aquatic species and coral reefs are not just material resources people compete over, but are also part of a particular way of life, an ethnic identity and a set of gender and age roles. These symbolic dimensions of natural resources lend themselves to ideological, social and political struggles that have enormous practical significance for their management and the process of conflict management.

Buckles and Rusnak (1999) further state that because of these dimensions of natural resource management, specific natural resource conflicts usually have multiple causes – some proximate, others underlying or contributing. A pluralistic approach that recognizes the multiple perspectives of stakeholders and the simultaneous effects of diverse causes in natural resource conflicts is needed to understand the initial situation and identify strategies for promoting change.

Conflict management is about helping people in conflict develop an effective process for dealing with their differences (Box 11.1). The problem lies in how conflict is managed. The generally accepted approach to conflict management recognizes that the parties in a dispute have different and frequently opposing views about the proper solution to a problem, but acknowledges that each group's views, from the group's perspective, may be both rational and legitimate. Thus, the goal of people working in conflict management is not to avoid conflict, but to develop the skills that can help people express their differences and solve their problems in a collaborative way.

The general reason for attempting a voluntary, collaborative approach is that it is often very costly, if it is at all possible, to resolve disputes through the courts and such legal proceedings can lead to delays, increased conflict, and outcomes that are unsatisfactory to one or all parties involved. The legal system is also not very good at finding creative solutions to conflict. Thus,

alternative approaches to the courts are sought that may be faster, cheaper, and more effective and acceptable. In other situations, where legal action may not be an option, the alternative of not finding a solution at all may also be costly, if only in terms of opportunities lost.

The emphasis on the word 'voluntary', or mutually agreed upon, refers to the fact that conflict management approaches will only work if all parties to the conflict are convinced that they will be, or at least may be, better off by participating than they would be otherwise. This implies that as long as one of the parties feels that it can force its own solution, or could obtain a total victory at acceptable costs through the courts, or would actually benefit from no action, then conflict management approaches will not work. In conflict management terminology, this concept is referred to as BATNA, the best alternative to a negotiated agreement. As long as any of the parties in a conflict perceives its BATNA to be superior to participation in a conflict management approach, it may refuse to participate in such a process. One party's decision not to participate does not necessarily mean that conflict management is impossible. It depends on whether that party controls resources that are essential to dealing with the conflict or has effective 'veto power' over the agreement that the other parties might reach. In any case, conflict analysis should carefully analyse the BATNAs of the affected parties. On the other hand, where parties in a conflict have fought long and hard, but have reached a stalemate, the time may be ripe for a more collaborative approach that works to convince the parties that it is in their own self-interest to participate in a mediated discussion.

11.1. Conflict Assessment

A first step in conflict management is conflict assessment. An analysis of a particular conflict can provide insights into the nature, scope and stage of conflict and the approach(es) for its management. There are four main factors that need to be analysed in determining the scope, nature and stage of a conflict:

• Characterization of conflict and stakeholders. The type of conflict encountered, the number of stakeholders, and the relationships among them. The nature and origin of conflict, as well as the balance of power among the parties are analysed.

• Stage in the project cycle. Conflicts at the 'beginnings' stage are likely to be different than conflicts at the implementation stage. New stakeholders may arise as the project proceeds. This requires that the project be flexible and adaptive to changing circumstances.

• Stage in the conflict process. A determination of whether conflict is at a point at which interventions may be accepted.

• Legal and institutional context. The formal and informal institutions and the manner in which conflicts are resolved through these institutions and the formal legal doctrines may influence the appropriate approach.

Warner (2001) identifies five responses of people to conflict depending on the importance of achieving a goal or maintaining personal relationships:

• Accommodation – when one party wants to maintain personal relationships with the other party, he or she may choose to accommodate the other party's goal.

• Withdrawal – one party may opt to avoid confrontation or withdraw from the conflict because he or she is neither interested in maintaining a personal relationship nor concerned with achieving a goal. Withdrawal can often persuade reluctant and more powerful parties to negotiate towards consensus.

• Force – one party holds more power over another party and is not concerned about damaging relationships and is keen on achieving the goal.

• Compromise – one party may have to give up something which results in a minimum 'win–lose' outcome.

• Consensus – involves avoiding tradeoffs and seeking a 'win–win' outcome.

11.2. Typology of Conflicts

Conflicts may arise due to different causes and at different levels which may suggest a certain approach to management (Boxes 11.2 and 11.3). Generally speaking, conflicts can be categorized into four groups based on the central critical situation or cause of the conflict:

• Data and facts. These types of conflicts can often be resolved by obtaining additional data, carrying out more studies, etc.

• Needs and interests. These conflicts may occur over sharing the benefits of projects, choices in the allocation of resources, or the financing of external costs. This type of conflict is the focus of most conflict management.

• Values. Conflicts over values, where values can be defined as deeply held beliefs, are usually not amenable to negotiation or other conflict management approaches. Here the solution may be to agree to disagree.

• Relationships. These are often caused by personality conflicts and may be resolved through mediation by a third party.

Conflicts may be well-defined (sharp boundaries and constraints; clear solutions may exist) or ill-defined (unclear objectives and values; difficult to identify solutions). Relationships and the balance of power among the parties involved are important issues in all conflicts. Differing value systems may affect the relationship between the parties. Imbalances of power are not conducive to even-handed negotiation.

Fisheries and coastal management conflicts are usually multi-issue, multiparty conflicts, which adds to the complexity of dealing with them.

11.3. Approaches to Conflict Management

Conflict management is often used as the overarching term for both conflict prevention, or consensus-building approaches, and conflict resolution approaches. The latter approaches are often referred to as alternative dispute resolution (ADR). ADR refers to a variety of collaborative approaches, developed in North America, including conciliation, negotiation and mediation (Pendzich et al., 1994; Moore, 1996). They differ in the extent to which the parties in conflict control the process and outcome. Conciliation or arbitration consists of an attempt by a neutral third party to communicate separately with disputing parties to reduce tensions and reach agreement on a process for addressing a dispute. The third party has legal authority to impose a solution. Negotiation is a voluntary process in which parties meet 'face-to-face', with or without the assistance of a facilitator, to reach a mutually acceptable resolution of the issues in a conflict. Mediation involves the assistance of a neutral third party, a mediator, who helps the parties in conflict jointly reach agreement in a negotiation process but has no power to direct the parties or enforce a solution in a dispute. As with negotiation, this is a voluntary process. Through ADR, multiparty 'win–win' options are sought by focusing on the problem (not the person) and by creating awareness of interdependence among stakeholders (Buckles and Rusnak, 1999).

There is some question whether or not ADR methods work in conflicts involving natural resources (Buckles and Rusnak, 1999). Techniques of ADR are dependent upon specific cultural, institutional and legal conditions, such as volunteerism, willingness to publicly acknowledge a conflict, and administrative and financial support for negotiated solutions, which may not be present in every context. Attitudes towards compromise, consensus or mediation vary. In some societies, openly discussing conflict may involve 'losing face'. ADR may be counterproductive if the process only manages to get certain groups together to mediate their differences when the causes of conflict and obstacles to resolution are beyond their control. There is also concern that there may develop a dependence on mediators to resolve conflict, to the neglect of building local capacity to do so. In addition, there is a need to acknowledge that people may use other mechanisms, such as peer pressure, ostracism, public humiliation and spirits, to resolve disputes. Chevalier and Buckles (1999) state that Western approaches to conflict management need to be balanced with the systematic study of local practices, insights and resources used to manage conflict.

Buckles and Rusnak (1999) state that multistakeholder analysis of problem areas and conflicts may also serve as an approach to conflict management that can address the complex interactions between stakeholders and natural resources at various levels. Multistakeholder analysis is a general analytical framework for examining the differences in interests and power relations among stakeholders, with a view to identifying who is affected by and who can influence current patterns of natural resource management and of consensus building. Various methods such as participatory rural appraisal, participatory research, stakeholder analysis, class and power analysis, and gender analysis can be used. Problem analysis from the points of view of all stakeholders can help to separate the multiple causes of conflict and bring a wealth of knowledge to bear on the identification and development of solutions. When stakeholders come to recognize for themselves the common interests and strategic differences that connect them to each other, new opportunities can emerge for turning conflict into collaboration. This approach is especially appropriate in early, strategic stages of the planning process, to develop directions or strategies that are supported by a large number of stakeholders.

11.4. Selecting an Approach

The approaches to conflict management range from multistakeholder analysis and consensus building (with the objective of fostering productive communication and collaboration prior to the outbreak of conflict by employing tools such as conflict anticipation and collaborative planning, together with the cultivation of alliances and mobilization of support) to managing conflict through negotiation, mediation and arbitration where the objective is to address conflict after it has erupted.

Conflict is a dynamic process that generally progresses from initiation to escalation, controlled maintenance, abatement and termination/resolution. There are generally four stages to every conflict, with appropriate approaches to management:

• Potential or dormant conflicts (consensus building/relationship building);

• Erupting conflict, with positions being developed (range of options, depending on the nature of conflict and relationship among parties);

• Evolving conflict, evolving towards a stalemate (mediation or arbitration) or evolving towards resolution/abatement (no assistance or facilitation);

• Resolved conflicts (depends on situation).

Choosing the correct approach through which to address a particular conflict is in itself a strategic choice (Box 11.4). Parties to a dispute must first decide whether to seek resolution to a conflict through a non-consensual process or through a more collaborative means. Once the decision has been made to use alternative conflict management processes, the parties must decide on which specific approach to employ. No single approach is effective in all cases. The circumstances of conflict and therefore the obstacles to agreement vary from one case to another. Disputes may involve many or few parties, the problem may be more or less urgent, emotional investment of the stakeholders may vary, the public interest may or may not be at stake, and the factors involved may be well understood or may be uncertain. Gaining expertise in conflict management includes learning about the specific advantages and disadvantages of the various approaches, and assessing which one is best in addressing a particular conflict situation.

It is important to recognize that, although there are considerable differences between approaches that can be employed, there are also significant overlaps. Most approaches will involve some element of relationship building, procedural assistance, and possibly substantive assistance or advice as well. The use of conflict prevention, or consensus building approaches on one side, does not imply that there have not yet been conflicts between the parties. Similarly, the use of arbitrage, on the other side, does not imply that it will be more effective if the arbitrator manages to get the parties to cooperate as much as possible.

Borrini-Feyerabend (1997) states that to avoid focusing on particular stakeholders or positions (either of which can increase conflict and/or result in a deadlock), the best approach to adopt is what is sometimes termed 'interest-based' or 'principled' negotiation/mediation. This approach requires the parties to acknowledge that, to be sustainable, an agreement must meet as many of their mutual and complimentary interests as possible. The focus should be on mutual cooperation rather than unwilling compromise. This approach encompasses four general principles:

• Focus on underlying interests. When all interests (people's needs and concerns) are all satisfied it will be much more likely to result in a lasting and satisfactory resolution than one where the interests of only one side are addressed. Compromise may best serve everyone's interests.

• Address both the procedural and substantive dimensions of the conflict. Both the need to be included in decision-making and have opinions heard and to have interests addressed are met.

• Include all significantly affected stakeholders in arriving at a solution. Failure to include all stakeholders may lead to unsustainable solutions and new conflicts.

• Understand the power that various stakeholders have, and take that into account in the process. Each party's approach to the conflict will depend on their view of the power they have in relation to the other stakeholders.

11.5. A Process of Conflict Management

The Forestry Policy and Planning Division of FAO, in close collaboration with the Regional Community Forestry Training Center in Bangkok, Thailand, has developed a comprehensive training package on Community-based Forest Resource Conflict Management (2002). While focused on forestry, the process is also relevant to conflict management in fisheries and coastal resources. While there is a great deal of detail in the publication, only the map of the process will be presented here. The process involves nine steps and four key elements supporting the process.

1. Entry point – A process for managing a conflict may be initiated by any of the stakeholders, those who are directly involved (fishers) or those who are more distant (NGO or government). Stakeholders can act on the conflict at any stage (latent, emerging or manifest).

2. Preliminary analysis of conflict – The initiating stakeholders undertake this analysis of conflict to determine who needs to be involved, and the scale and boundaries of the conflict. Define the conflict issue, explore the causes, analyse stakeholder interests and needs, identify positions adopted, identify power they have, and identify incentives and disincentives to resolve conflict. This sets out an initial strategy for addressing the conflict that they can modify and develop with the input of other stakeholders.

3. Broader engagement of stakeholders – Attempts are made to engage the other stakeholders identified in the preliminary conflict analysis. Obtaining their interest and willingness to participate may require one or more actions, including shuttle mediation, raising public awareness about the conflict management effort, sharing with them the preliminary analysis of the conflict, etc. At this point, the capacity of stakeholders to engage in negotiation, if not already present, should be developed.

4. Stakeholder analysis of conflict – Individual stakeholder groups need to carry out their own analysis of the conflict. The level of detail of this analysis and timeframe will vary depending on the intensity, scale and stage of conflict. This analysis may identify other key stakeholders or stakeholder groups to involve and engaging in identifying key issues, etc.

5. Assessment of conflict management options – The analysis of conflict assists the stakeholders to assess, weigh and expand the various options available for managing or intensifying the conflict. Stakeholders evaluate then select what they believe is the best response and strategy for achieving their interests. Stakeholder actions could include: withdrawal, use of force, accommodating other groups' interests, compromise or collaboration. Doing nothing and taking a 'wait and see' approach may also be a chosen strategy. In deciding on the most suitable set of actions, stakeholders consider their options in terms of possible outcomes or impacts, the likely choices of other stakeholders, power imbalances, and differences in stakeholder capacity. Participatory action research methods can be used. Stakeholders also need to consider the context in which they will act – the appropriateness of using traditional approaches to managing conflict, available legal or administrative measures, or the desirability of mediation or facilitation for negotiations.

6. Agreement on strategy for managing conflict – All stakeholders enter into this process. They must agree on the guidelines for the process and what actions and capacities are required to support it. If they have not already done so, they will need to decide whether or not to use a third party, including the role and responsibility of the third party.

7. Negotiation of agreements – Stakeholders negotiate agreements based on the individual and shared needs and interests they have identified. They seek mutual gain agreements. Often agreements are made progressively and incrementally. As one agreement is implemented successfully it demonstrates commitment of the parties, this then provides greater trust upon which to build further agreements. With each agreement, stakeholders decide how they will implement and monitor it. In the process of negotiations and in deciding how they will implement and monitor the agreement, other stakeholders may be identified that need to be included in managing conflict. Similarly, stakeholders may discover new information needs and take action to obtain this information before they can make further agreements.

8. Implementation of agreements – The stakeholders implement and monitor agreements as they are made. Agreements are continually monitored, informing the various parties if they should continue to proceed or modify their strategy or decisions.

9. Evaluation, learning and conflict anticipation – Stakeholders evaluate the outcomes and impacts of conflict and the process of managing the conflict. This can occur at pre-determined points specifically set for evaluating conflict. This may also occur at points within the broader and overall co-management process. These evaluations aim to increase stakeholder learning and identify necessary changes to support improved collaboration in co-management. By evaluating outcomes, stakeholders can determine how to improve methods and systems for anticipating further conflicts. Setting achievable benchmarks or tasks by which to judge progress is an effective way to maintain the motivation of stakeholders. When agreements encounter difficulty or fail, stakeholders may need to revisit the agreements, obtain missing information, identify additional stakeholders, or identify other solutions in support of co-management. A conflict management process can therefore be an iterative or continuous cycle that adapts to new questions and changing needs.

Key elements supporting the process:

10. Information needs and management – The availability, management and acceptance of information are significant issues in managing conflict. Information plays a pivotal role in understanding conflict and the details of interests, clarifying shared goals and assessing the feasibility of solutions. The process outlines must allow time for stakeholders to check for and explicitly address information needs and issues. Stakeholders must agree to the information needs, the sources of valid information and how information will be exchanged and disseminated.

11. Capacity building – Building sustainable solutions for managing conflict requires evaluating not only the interests of stakeholders but also their capacity to participate effectively in the process. Developing capacity can vary in scale and focus from strengthening institutions and organizations to centring on the needs of specific individuals. Addressing conflict embraces a range of capacities – knowledge, skills, attitudes, organizational structures and logistical support. This is the same set of capacities needed for effective co-management.

12. Consensus-based decision-making – Consensus building aims to generate agreements and outcomes that are acceptable to all stakeholders with a minimum compromise. The intention is to find win–win solutions. In this process stakeholders are encouraged to identify and then meet underlying needs of all parties and be creative in the solutions they explore. Acknowledging the perceptions of others, ensuring good communications, building rapport and trust, and striving to continually widen options are key ingredients in this process.

13. Keeping people informed – Discussions between stakeholders are often carried out by representatives of key groups. An important part of the conflict management process is establishing reliable communication between stakeholder representatives and their constituency so that all who are involved and impacted by the conflict are informed and able to provide meaningful input.

Borrini-Feyerabend (1997) identifies steps in the process of negotiation:

1. Set a time and place to meet that is agreeable to all parties.

2. At the beginning of the negotiation, ask each party to explain their position clearly: what they want and why. They should not be interrupted except for points of clarification.

3. After all parties have stated their case, identify where there are areas of agreement.

4. Identify any additional information that any of the parties need in order for them to be able to understand the claims made by other parties. If necessary, stop the process until they can be provided with that information.

5. Identify areas of disagreement.

6. Agree on a common overall goal for the negotiation.

7. Help the parties to compile a list of possible options to meet this goal.

8. List criteria against which each option should be measured.

9. Evaluate each option against the criteria.

10. Facilitate an agreement on one or more options that maximize mutual satisfaction among the parties.

11. Decide on the processes, responsibilities and time frames for any actions required to implement the agreement.

12. Write up any decisions reached and get the parties to sign their agreement.

11.6. Conditions for Conflict Management

There are a number of conditions that can affect the success of conflict management. These include (Borrini-Feyerabend, 1997; Rijsberman, 1999; VSO, nd):

• The balance of power among stakeholders must not be uneven.

• The balance of power can be levelled through such methods as policy advocacy, community empowerment, networking to increase the power of marginalized groups, public education, building trust with outside groups.

• An independent mediator/facilitator can have a neutralizing effect on power imbalances by ensuring fair rules of discussion and negotiation.

• All parties must be willing to participate and settle their disagreements.

• All parties should be ready (skills, information) to negotiate.

• Alternative approaches should be available if the negotiation fails.

• Build personal relationships.

• Start with small issues that are easily settled.

• Establish process ground rules that are likely to create trust among the stakeholders.

• Each party should have some means of influencing the attitudes and/or behaviour of the other parties if they are to reach an agreement on issues over which they disagree.

• The parties should be dependent on each other to have their needs met or interests satisfied.

• The parties should be willing to compromise even though this may not be necessary.

• Representatives should have the authority to make decisions.

• The agreement should be feasible and the parties should be able to put it into action.

• The parties should feel some urgency to reach a decision.

Conflict management entails risks, such as (Rijsberman, 1999):

• It can be very demanding of time, money and other resources.

• Powerful stakeholders may capture the process and use it to coerce others to their position.

• Stakeholders may not have the skills to engage effectively in negotiation.

• Latent disputes may surface.

• It cannot resolve all issues. Conflict management can only ensure that alternative options are explored and that the parties in a conflict do not persist in holding differences that are the result of misunderstanding and that have no basis in reality.