FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS

Conflict Management over Natural Resources Capacity Building Program

under the Community-Based Rural Development Project (CBRDP)

(Government of Ghana-World Bank)

July 2006

The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. All rights reserved. Reproduction and dissemination of material in this information product for educational or other non-commercial purposes are authorized without any prior written permission from the copyright holders provided the source is fully acknowledged. Reproduction of material in this information product for resale or other commercial purposes is prohibited without written permission of the copyright holders. Applications for such permission should be addressed to the Chief, Electronic Publishing Policy and Support Branch, Information Division, FAO, Viale delle Terme di Caracalla, 00100 Rome, Italy or by e-mail to copyright@fao.org

© FAO 2006

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Table of Contents

Content Page Abstract …………………………………………………………………..………………................…..……....3 Phase One………………………………………………………………………………………….....………….4 Session 1: Introduction……………………………………………………………………………....................4 Session 2: Expectation………………………………………………………………………………….....…….4 Session 3: Introducing Conflict and Its Context, Importance, Impact and Complexity, in Relation to NRM………………………………………………………………....…5 Session 4: Implications of Conflict for Vulnerable Groups (gender, pastoralists, ethnic groups, elderly, youth)…………………………………………………………….…..………….....7 Session 5: Review of Concepts: Sustainable Livelihood Approach and its Relevance to Natural Resource Conflict………………………………………………………………………………….....8 Session 6: Conflict as a Dynamic Process ……………….………………………………………………….11 Session 7: Analysis of Natutal Resources Conflict Management Options………….………………….…13 Session 8: Basic Tenets of Conflict Management ………………………………………………………..…15 Session 9: Process Map ………………………………………………………………………………..….. ....16 Session 10 Pre-Entry…………...…………………………………………………………………………....... 20 Session 11 Entry (Planning the entry, entering the conflict setting, preliminary analysis of the conflict)………………………………………………………………………………………......…21 Session 12 Preliminary Analysis……………………………...…………………………………………….....24 Session 13 Broading Stakeholder Engagement……………………………………………………………..26 Session 14 Field Preparation and Mentoring ………………………………………………………………..29 Phase Two………………………………………………………………………………………………………………..31 Session 15 Group sharing of field experiences……………………………………………………………...31 Session 16: Negotiation…………………………………………………………………………………….......32 Session 17: Setting and Implementing Agreements……………………………………………..................35 Phase Three……………………………………………………………………………………………..………36 Session 18 Exit…………………………………………………………………………………........................36 Session 19: Action plan and solving future problems…………………………………. ………………..….38 Session 20: Discussion on Monitoring and Evaluation…………………………………………………..….39 Session 21: Training Evaluation…………………………………………………………………………….....40 Session Lessons Sustainable Livelihood …………………………………….....………………….………………………......... 8 Principles of the Process Map……………………………………………………………………………....…16 Entry………………………………………………………………………………………….............................23 Broader Stakeholder Engagement…………………………………………………………….......................29 Mentoring……………………………………………………………………………………….........................30 Negotiation…………………………………………………………………………………………………........35 Exit……………………………………………………………………………………………............................38 Figures Conflict as a Process……………………………………………………………………………………….......12 Continuum of Conflict Management Approaches.....................................................................................15 The Process Map……………………………………………………………………………...........................20 Stakeholder Analysis..............................................................................................................................23 The ‘Onion’ Tool……………………………………………………………………........................................27

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Abstract The purpose of this training manual is to provide a capacity building framework and tools

to support the technical and operational implementation of the conflict management training component integral to the Capacity Building and Community Based Natural

Resource Management (CBNRM) Components of the World Bank-financed Community Based Rural Development Project (CBRDP). The initial outline for this training

component was completed during a FAO mission in February 2005 based on a conflict management training package developed and tested in Ghana under the Livelihood

Support Programme (LSP) sub-programme 3.4 “Natural Resource Conflict Management.” The training manual was designed and finalized during an FAO-World

Bank cooperative agreement technical assignment in July 2006, led by Pamela Pozarny (Rural Development Officer, FAO Regional Office for Africa) with Bizoola Gandaa and Conrad Weobong, both from the University of Development Studies, Tamale, Ghana.

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Phase One Session 1: Introduction Time: 45 min Objectives:

• To introduce participants and trainers • To set the stage for free communication and interaction among participants • To reduce tension (very common with people meeting for the first time)

among participants • To let participants know one another better • To set the ground rules

Expected outputs:

• Participants know one another and freely interact • Ground rules are agreed upon

Materials:

• Flipcharts, markers etc Learning activity steps:

1. Identify persons with similar shoe or dress and pair up for introductions. Introduce pair to plenary.

2. Brainstorm in plenary all ground rules and agree upon final list. Make list

visible at all times. S T O

Trainer’s note: Suggested Ground rules • Everyone has the right to know (you can ask questions and you can have your questions answered). • Allow everyone to participate (make space for participation). • Share responsibility for learning. • You are not to be embarrassed by trainer or other participants. • Start and finish on time BUT accept flexibility in the schedule. • You can have opinions and ideas different from mine!

ession 2: Expectation

ime: 45 min

bjectives • To encourage participants to consider what they intend to put into and take

out of the training; • To provide the trainer with an opportunity to compare training objectives with

the participant’s goals for learning.

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Expected outputs: • Set of expectations to better align participants’ expectations and course content

and anticipated outcomes. • Established agreed upon course orientation to be used as daily feedback activity

during the training to ensure respect for agreed upon actions. Materials: index cards, pens, flip charts, markers Learning activity steps: 1. Hand out four index card or post-it to each person. Ask each person to consider what their expectations and hopes are for the training course. More specifically what do they wish to obtain from this course in terms of Knowledge, skills, feelings and changes? 2. At the end of 10 minutes, divide the participants into groups of three. Explain that they should share their expectations with each other and together record their expectations on a flip chart in format below. They can indicate with a check mark where their expectations are shared.

Knowledge Skills

Feelings Changes

3. At the end of 15 minutes, volunteers from groups present them to all. Serel Tim Ob

Trainer’s Note: Definition of terms: • Knowledge refers to what you want to learn about conflict and what you expect to know when you

leave this course. • Skills refer to the specific skills you hope to acquire in working with conflict or building

collaboration. • Changes refer to what changes you would like to make as a result of your learning. This can be

changes in yourself or changes in your organization or work situation. • Feelings can refer to the way you want to feel in the course as well as you want to feel later on

working with stakeholders in natural resource management, conflict, in negotiations, etc as a result of this course.

Note: At the end of each day, trainees can refer to the posters to assess whether their expectations are being met.

ssion 3: Introducing Conflict and Its Context, Importance, Impact and Complexity, in ation to NRM

e: 90 minutes

jectives: • To facilitate trainees’ understanding of the concept and key terms used in

conflict management and its dynamics with natural resources (NR) • To understand key underlying causes of conflicts around NR

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• To be aware of current trends in NR use and management and their relation to conflict

Expected outputs:

• Trainees understand the concept of conflict, key terms and its dynamics with natural resources (NR)

• Trainees are familiar with key underlying causes of conflicts around NR • Trainees have become aware of current trends in NR use and management and

their relation to conflict in the context of their own communities Materials:

• Flipcharts, markers, pens, index cards Learning activity steps:

1. Participants brainstorm on all terms of conflict including in local languages 2. Participants reflect on their own definition and experiences with conflict and list

these on an index card

3. Place index cards on the poster and discuss and highlight the different terms, meanings, forms and intensity of conflict

4. Participants strive to agree upon a common term for defining conflict. Trainers

present brief definition of key terms concerning NR conflict management.

5. Based upon a common understanding of conflict, trainees should work in small groups to reflect through brainstorming on the importance of NR and their use in the communities and problems arising.

6. Groups share their outcomes of discussion on the relation between NR and

conflict, underlying causes of conflict (noted below) and trainees provide examples of each from their experiences.

Session 4: Implications of conflict for vulnerable groups (gender, pastoralists, ethnic

Trainer’s note: Suggested key terms to review: Reconciliation, stakeholder, consensus negotiation, collaboration, conflict management, conflict resolution, conflict settlement, conflict transformation, facilitation, mediation. etc Suggested major underlying causes include:

• Growing competition over resources (population increase, degradation etc.) • Structural causes (framework of reference for interpreting conflict: legal, customary) • Socio-economic: new technologies, commercialisation, migration, percieved incentives (subsidy) • Policies/programmes and projects as a source of conflict Reference FAO 2005: pg 21

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Session 4: Implications of conflict for vulnerable groups (gender, pastoralists, ethnic groups, elderly, youth) Time: 60 min Objective:

• To gain an awareness of cultural (customary) effects of NR conflict and forms of management and their potential implications for vulnerable groups (women, pastoralists, elderly, youth, ethnic groups, etc.)

Outputs:

• Trainees gain understanding of cultural (customary) effects of NR conflict and their potential implications for vulnerable groups

Materials:

• Flipcharts, markers Learning activity steps:

1. Trainees divide into small groups according to similar cultural background settings. Groups identify customary norms/practices (including gender among others) for natural resources access, use, control, decision-making, benefits and power and their relation to conflict: what emerges from these arrangements that prevent or provoke conflict?

2. Groups identify customary norms/practices for natural rsources conflict

management (with reference to above examples) and discuss strengths and limitations of these practices.

3. Groups discuss the effects of conflicts on the livelihoods of vulnerable groups

4. Groups discuss how these practices are changing (external and internal

factors) and reflect on what elements should be sustained.

5. Groups share their outputs in plenary according to the poster matrix below.

Customary Norms and Practices

NR management NR conflict management Customary changes (for who) Positive + Negative -

Session 5: Review of Concepts: Sustainable Livelihood Approach (SLA) and its relevance to Natural Resource (NR) conflict Time: 30 min Objectives:

• To introduce participants to principles of SLA and its relation to NR conflict

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Expected outputs:

• Participants understand principles of SLA and its relation to NR conflict

Materials: • Power point equipment

Learning activity steps: 1. Trainer presents lecture information through power point presentation, hand outs with interaction from trainees. SESSION LESSON ON SUSTAINABLE LIVELIHOOD What are Sustainable Livelihoods? "Livelihood" does not just mean the activities that people carry out to earn a living. It means all the different elements that contribute to, or affect, their ability to ensure a living for themselves and their household. When considering livelihoods we need to think about:

the assets that the household owns or is able to gain access to: o Human capital denotes skills, knowledge, good health and ability to work. o Social capital refers to formal and informal social relationships, including their

degree of trust, reliability and adaptability. o Natural capital consists of natural resources, including their flows and services. o Physical capital refers to producer goods and physical infrastructure. o Financial capital includes financial resources.

the activities that allow the household to use those assets to satisfy basic needs;

the different factors that the household itself may not be able to control directly, such as erratic weather, shocks or natural disasters or economic and other long-term trends – these affect its vulnerability;

policies, institutions and processes that may help them or make it more difficult for them, to achieve an adequate livelihood.

The livelihood strategies that households develop to ensure their livelihoods will depend:

on how they can combine their livelihood assets, take into account the vulnerability context in which they live, and the policies, institutions and processes that affect them.

Livelihood outcomes are the results or ‘outcomes’ of the livelihood strategies. Ideally, an effective SL approach should generate more income, increase well-being, reduce vulnerability, improve food security, and result in more sustainable use of natural resources for its beneficiaries. Consider the following:

Those with larger asset portfolios have more livelihood options, as well less vulnerability, than those with fewer assets.

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The distribution of livelihood assets in any population – rural or urban – is always uneven. Gradations of poverty exist even in the poorest communities.

Gender, age and other social differences may significantly affect access to livelihood assets within the household and other groups. For example, while a tree may be regarded as a household’s assets, women’s rights to it may not be the same as men’s.

People’s control over core assets is also dynamic. The “stocks” of both tangible and intangible assets fluctuate seasonally and through time in response to the contingencies of life.

Figure 1. Sustainable livelihoods framework

Source: Department of International Development, Sustainable Livelihoods Guidance Sheets

• SLA Guiding Principles (Adapted from Carney 2002) SL Approaches to supporting community-based natural resource management should be: People-centred and participatory: shifting focus from resources to people, interventions should be participatory and have a genuine respect for people’s views, which includes engaging people with respect for human freedom and choice, focusing on what matters to them, and working with them in a way that fits with their livelihood goals, their social environment and ability to adapt. Aware of differences between people: understanding how assets, vulnerabilities, voice, and livelihood strategies differ between groups as well as between men and women within these groups. Gradations of poverty and power exist in the poorest communities, and men and women even within the same household may have very different rights and circumstances, with enormous implications for engagement in participatory processes.

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Empowering and responsive: seeking to strengthen the rights and institutional capacity of the poor to engage fully in decision-making regarding all facets of livelihoods. People gain increased voice in identifying and addressing livelihood priorities. Outsiders are capable of listening (not simply hearing) and responding appropriately to the poor. Holistic and multi-level: recognizing multiple influences operate on people, and seeks to understand the relationships between these influences and their impacts on livelihood strategies and outcomes. Eliminating constraints to sustainable livelihoods often requires working at several levels, in multiple sectors, across different geographical regions. Building on strength and through partnership: promoting an enabling environment and opportunities for poor people to protect, maintain, and enhance their livelihood assets. The approach also promotes collaboration between poor people, their institutions and organizations, with the public and private sectors. The development of partnerships needs to be based on transparent agreements based upon shared goals. Sustainable: People’s livelihood can be considered ‘sustainable’ when they can cope with, and recover from, shocks and stresses and maintain or enhance their capabilities and assets both now and into the future, while not undermining their natural resource base. Sustainability has four key dimensions – economic, institutional, social and environmental sustainability – that must be taken into account. Finding balance among the dimensions is crucial, and it can only be done with the active engagement of the poor themselves. Long-term and flexible: poverty reduction takes places in a very dynamic setting, with unexpected shocks, long-term trends, and seasonal cycles constantly occurring. Supporting sustainable livelihoods by its very nature requires long-term commitment and flexibility to respond to change. Relevance of Conflict Management in CBNRM At the heart of CBNRM lies participation – not just the presence of multiple actors or stakeholders, but also the shared control over decision-making and policy formulation. This joint decision making is a situation in which two or more parties negotiate, define and guarantee amongst themselves an equitable sharing of the management functions, entitlements and responsibilities for a given territory of set of natural resources.

The focus of this course is on consensual negotiations and mediation in managing or resolving conflict. Consensual negotiation seeks to facilitate agreement between individuals, groups or institutions based on mutual gains. It is both process and problem focused – and importantly in CBNRM where collaborative management dominates, it is also relationship focused. Within CBNRM disagreement over access rights, lack of consensus on management objectives and lack of information or misunderstandings emerge in most settings. Managing differences in opinion is critical to nurturing an atmosphere where differences amongst stakeholders are more openly expressed and channeled into constructive solutions. A substantial need exists in terms of strengthening local capacity to deal with the multitude of conflictive situations arising as a part of collaborative management.

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Many collaborative arrangements have arisen as innovative responses to long-standing conflicts over natural resource use and management – thus reinforcing the notion that conflict can be a creative element in society. Sharing the management of, and benefits from, contested resources have calmed seemingly intractable struggles. This suggests that a process of consensual negotiation may be an effective approach to collaborative management and in managing CBNRM conflicts. It also points to the particular role that CBNRM projects have as a potential catalyst to peace-building and reconciliation. CBNRM involves a number of processes that help establish and maintain a mutually agreeable set of principles and practices for managing natural resources. CBNRM draws heavily on the experience of adult-education, NR science, landuse planning, participatory decision-making, development studies, conflict transformation methods, and organizational development. Conflict management is one of these processes - not to be treated as separate activities, but rather fully integrated into a broad framework of collaborative management, building on processes that lead to collaboration and mutual gain. Conflict management and consensual negotiations helps to achieve sustainable rural livelihoods. At the local level, it is about strengthening individuals, groups and institutions to be able to deal with the multitude of conflictive situations that does not undermine co-ordination and co-operation necessary for collaborative resource management and sustainable rural livelihoods Session 6: Conflict as a Dynamic Process Time: 90 minutes Objectives:

• To understand the dynamic nature and stages of conflict • To identify indicators reflecting latent conflicts • To review and understand common indicators of NR conflict • To identify potential NR conflicts generated during the CBRDP

Expected outputs:

• The dynamic nature and stages of conflict are re-examined and understood • Indicators manifesting latent conflicts are revised • Common indicators of NR conflict are understood • To identify potential NR conflicts generated during the CBRDP toward eventual

management Materials:

• Power point equipment Learning activity steps:

1. Present and discuss diagram of conflict process, highlighting the cyclic nature of conflict, and the escalation of conflict if not controlled.

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Diagram of Conflict as a Process Improvement in

Condition

Latent Conflict • Tensions & jealousy within

communities, • Increasing scarcity of

common property resources,

• Growing developmental pressures,

• Structural injustices

Non-Violent Confrontation & Threat of Outright Conflict • Build up of tension • Attempts at conciliation • Communication channels shut d

‘Us’ anown

• d ‘them’ mentality • Situation finely balanced

Fragile Peace • Peace agreement • Forces withdrawn • Political negotiations • Parallel negotiations with

civil society New institutions

Physical Violence or War • Initial sporadic, isolated

aggression • Sabotage to property • Mobilisation on behalf of the

cause • Armed forces fight • Civilians caught up • Negotiations abandoned

Underlying causes not addressed

Underlying causes reappear

Ceasefire maintained

Ceasefire failure • Humanitarian

relief • Managing of

refugees

Peace building • Socio-economic

rehabilitation of displaced peoples

• Grievance procedures

• Human rights enforced

Resolution

Conflict prevention stakeholder dialogue, negotiation & social, economic, political measures

Underlying tension not addressed & degenerative change

Failure to restore confidence & conflict preparedness

Conflict mediation & underlying problems addressed • Confidence building • Shuttle diplomacy • 3rd party mediation • Political, social or

economic ‘structural‘ adjustments

Peace

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Indicators of latent conflicts include the following: Disturbed communications:

• cool, very formal ways of behavior; • silence; • reduced willingness for contact and communication; • spread of gossip, rumors, intrigues and accusations, especially regarding third

parties; • insults and implicit or explicit threats of physical force towards other parties; • denial of access to materials or resources for other parties.

Relationship problems: • hardening, stubbornness, sticking to own point of view; • failure to protect property; • slowing down of processes; • denial of access to resources for other parties;

Escapism: • detachment from others; • lack of interest, apathy; evasive maneuvers, avoidance strategies, postponing

decisions Common indicators reflecting potential NR conflict: Primary level: Indicators for conflict concerning land use and resource users

• Apparent unsustainable use of renewable resources, such as clearing of forests (or of particularly valued species), overgrazing of pastures, or overharvesting of forest products or fisheries. • Trends in land use, such as the rapid conversion of forests into farms or pasture, the extension of cultivation on to grazing grounds; a shift from single to multiple cropping of fields; the expansion of urban or peri-urban centres at the expense of agricultural lands, the establishment of irrigation works, or the fencing of formerly communal lands. • The sudden appearance of new technology, such as chemical fertilizer, hybrid seeds, exotic crops, irrigation pumps, chainsaws, tractors, new fishing technology or boats, which allow people to intensify their use of agricultural land, forests, water, fisheries or other resources; • The arrival or influx of outsiders or new groups, such as members of neighbouring communities, nomadic herders, migrant farmers, unemployed labourers or refugees, seeking to make use of local resources.

Secondary level: Indicators for conflict concerning local markets, livelihood strategies or institutions

• Spikes in the prices of key commodities, such as staple grains, indicating the emergence (or fear of) widespread or prolonged food shortages. • Pursuit of “hard times” livelihood strategies, such as increased wood sales, the seeking of less desirable “famine foods” from the wild, increased begging, and migration to other areas in search of relief.

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• Distress sales of assets, such as consumer goods, livestock and land. • Growing socio-economic stratification within the community, evidenced by indicators such as ownership of productive or consumer assets, changing livelihood strategies, or changing occupational structure. • Reports that natural resource management institutions or other key local bodies are suffering from political factions, weak leadership, corruption or other problems • disruption or lack of interest of traditional or annual events

low-level of attendance in public meetings

2. Small group working sessions among groups who have prepared case studies concerning CBRDP ‘hot spot” NR conflicts, to identify their indicators of conflict and examine their conflict stages. 3. Presentation of group work and outcomes, and discussion.

Session 7: Analysis of Natural Resources Conflict Management Options Time: 90 minutes Objectives:

• To examine diverse options for managing natural resources conflicts, the strengths and limitations, and most appropriate option in response to the given context.

Expected outputs:

• Diverse options for managing natural resources conflicts understood by trainees Materials:

• Flipcharts, markers; power point equipment Learning activity steps: 1. Trainer’s presentation of “continuum of conflict management options” and review of strengths and limitations of the reference to diverse social systems within which the conflict management process takes place (these include: customary, legal/statutory/ACM).

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2. Participants divide into small groups to prepare role plays. Each group presents a given option of conflict management, and a range of social systems should also be presented.

3. Final plenary discussion of strengths and limitations of each option and reflection

on the most appropriate social systems to be applied given the situational context.

Conflictavoidance

Increased coercionand likelihood of win-lose outcome

Negotiation Mediation

Informal decision making

by conflict parties

Extralegalcoerceddecision making

Informal third party

decision making

Legal (public),authoritativethird-party

decision making

Arbitration Adjudication Nonviolentdirectiveaction

Violence

Figure 2.1: Continuum of Conflict Management Approaches

Session 8: Basic Tenets of Conflict Management Time: 60 minutes Objectives:

• To understand basic principles and strengths of conflict management Expected outputs:

• Basic principles and strengths of conflict management understood Materials:

• Flipcharts, markers Learning activity steps:

1. Moving chair exercise (see Trainer Notes) 2. Presentation of Principles of Conflict Management:

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Session 9: Process Map Time: 30 minutes Objectives:

• To understand the conflict process map • To identify the various milestones of the process map • To review and understand the management process of the conflict map

Expected output:

• Participants have clear understanding of the conflict process map • Participants are able to identify the various milestones of the process map • Participants understand the management process

Materials: Power point equipment Learning activity steps:

• presentation of process map (diagram) • highlighting the milestones • review of the management process – Do no harm, Fostering collaboration,

restoring relations and communication from previous Session 8 Process Map “aid”: key expected outcomes of milestones

a. Entry: - decisionmaking on whether to proceed in working on the conflict situation

b. Broadening stakeholder engagement - conflict parties’ willingness to achieve agreements after assessment of interests, options for resolving conflict

c. Negotiation – joint agreement reached concerning management of conflict including implementation and monitoring

d. Restored relations, agreements continued and improved capacity for future conflict management

SESSION LESSON on Principles of the Process Map

Principle 1: Fostering Collaboration • Broaden stakeholder involvement and foster collaborative approaches. • Identify the widest range of possible stakeholder interests. • Develop positive visions. • Level the playing field – build the power of less influential stakeholders. • Build legitimacy. • Ensure that the negotiation process is fair. And insist on using some objective criteria

for evaluating the options. • Build ownership for the process.

Principle 2: Avoiding further escalation of tensions or conflicts: “doing no harm” Mediators may act with the best of motives and intentions in order to help resolve the conflict. However, there is always the risk of unintended side-effects. Mediators can

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influence the conflict situation and are influenced by it, often without realizing it. A mediator may unintentionally help to: • reinforce tensions; • give legitimacy to people who can spoil things; • undermine peaceful values; • promote intolerance; • add to the influence of the more powerful. In every conflict situation, some people are more helpful than others. Despite the conflict, some people maintain good relationships with people “on the other side”. These people are the “connectors”. However, there are also people who could be referred to as “dividers” or “spoilers.” Connectors can also be: • shared systems and institutions, such as markets where people meet and exchange

information and ideas, or infrastructure systems, such as water channels or electricity lines, on which all depend and that are thus often jointly maintained;

• attitudes and actions that illustrate linkages across dividing lines, such as adoption of children across family ties, marriages across divided groups, individuals showing respect for others across the divide;

• past or present common experiences that can be shared, such as a common history of colonialism;

• shared values and interests, such as shared religion or the value placed on children; • shared symbols and occasions, such as monuments and national holidays. • Mediators need to be aware of these linkages across conflicting parties, and should

make them explicit by recognizing and reinforcing them.. Spoilers are actors who divide conflict parties. They may come from within local communities or they may be external (secondary) stakeholders in the conflict. When dealing with spoilers, mediators can: • try to isolate them from the majority of stakeholders who are willing to act

constructively, and put pressure on them to comply with an agreement. However, this may not be sustainable, because spoilers may become more confident after the mediator leaves the scene;

• try to incorporate them actively in the process, making them responsible for agreements and thus coopting them into the collaborative process. However, this may slow down or even spoil the whole process;

• ask an influential, trusted leader to persuade or convince the spoiler that it is more acceptable to comply with the conflict management process than to disrupt it.

Principle 3: Opening space for restoring relations • One key to restoring relations is building trust. Trust in relations is built gradually over

time through a succession of promises and related, sincere actions. A mediator can encourage the conflict parties to make certain moves that increase trust in each other (Moore, 2003).

• Separate the people from the problem. • Concentrate on interests and not on positions • Develop options that benefit both sides

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Principle 4: Managing Information All conflict management processes. i.e. consensual negotiations, are based on information sharing and learning. In the process of sharing information, a party seeks to alter the knowledge, attitudes, preferences and strategies of its opponents. The availability, management and acceptance of information are significant issues in negotiations. Information plays a pivotal role in defining interests, clarifying shared goals and assessing the feasibility of solutions. Throughout the conflict management process, there must always be space to check for information needs.

Principle 5: Building local capacity for conflict management Mediators have to remember that some capacity for conflict management will already be in place in most parts of the world. This can be of a formal or an informal type. Most communities have existing institutions and structures that help resolve local conflicts. To avoid undermining the existing local capacity for conflict management, any intervention should be specifically focused, limited and temporary, and it should aim to build on and strengthen local capacity for conflict management. It is therefore important to assess carefully the local capacity that has already been tried in the past to resolve the conflict. The capacity of weaker parties needs to be strengthened so that they can take effective part in negotiations. Certain community groups or their representatives need to be trained in direct face-to-face consensual negotiations. This is first of all a process of supported self-reflection for improved action. Local stakeholders will gain new awareness and understanding of: their goals (including underlying values, norms, fears); their options; their skills; their resources; and their decision-making capacity. They are then enabled to utilize these new insights to engage productively in future negotiations and conflict management processes. Independent community leaders also need to be trained in mediation and facilitation skills. The capacity of an entrusted, local leader to mediate negotiations needs to be carefully assessed. Local leaders will seldom fulfill all the requirements for an ideal mediator, however, local leaders will offer unique opportunities for building more sustainable capacity. An outsider should be brought in to act as a mediator only if the use of local leaders seems likely to fail.

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Trainer Notes: Moving Chair exercise instructions:

• All chairs placed in center of room • Directives are posted confidentially at 3 different sides of the room (place chairs at X, Y, Z accordingly), and

participants are divided into 3 groups • Participants proceed in following instructions • No talking is permitted • Following exercise, participants discuss process, reactions and summarize outcomes.

Guiding points for discussion include: What did you experience during this activity- how did you interpret the instructions? Did you follow them? Why or why not? (“competing” rather than “collaborating”) What were the different responses of their group to achieving their task? How did you relate to each other? Was their confrontation? Force? Did anyone withdraw? Were there any compromises? Were there any obvious mediators? What did they do and what effect did this have on the group? When did you start to cooperate? (If they did not cooperate at all, ask them how they could have.) What were the ‘solutions’ to the challenge you were given. Highlight the importance of creative thinking and openness to new ideas in reaching consensus. Ask what might have ‘blocked’ them in thinking of creative solutions. How is this activity related to a real situation in their experience with conflict or collaboration? In summary what did you learn about collaboration? (These points can be recorded on a flip chart and posted).

The Process Map

2

1

Preparingentry

Entering the conflict

scene

3

Engagingstakeholders

Monitoring agreement

8

9

Milestone D: EXIT

10

Fostering

collaboration

Restoring relations

Communi- cation

Do no harm

Milestone C: NEGOTIATION

Designing agreement

Preparing exit

Milestone B:STAKEHOLDER ENGAGEMENT

5Assessing

options

Milestone A:ENTRY

4

Analysing conflict

7

Facilitating negotiations Assessing

Preparingnegotiations

6

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Session 10 Pre-entry Time: 30 minutes Objectives:

• To obtain understanding of the conflict • To identify the identify the appropriate intervener/s and their roles • To clarify preparation requirements in advance: logistic, strategies and activities

Expected output:

• Understanding of the conflict is obtained • Gain understanding of qualities to identify the appropriate intervener/s and

determine their roles clarified • Awareness and review of preparation requirements and activities to pre-plan

Materials:

• Power point equipment, Flip charts, markers, post-its, glue, scissors Learning activity steps:

• Review of guidelines for pre-entry (below) • Participants form small groups of 3 by districts/communities/area council to

brainstorm on planning entry into a conflict area in their community • Presentations by group in plenary • Discussion and feedback

Trainers Notes Guidelines for Pre-entry Planning the entry Several activities may need to be considered before entering the conflict setting for the first time. These include: • building a facilitation team where appropriate • clarifying the role and function of the mediator: who the mediator is, what his/her role is, and why he/she is in that role; • clarifying the commission for engaging in conflict management: who requested or sponsored the mediator’s involvement; • collecting relevant background information for a preliminary assessment of issues and stakeholders in the conflict; • preparing the logistics for entry to the site; • planning facilitation strategies and activities in advance; • self-analysis of the mediator. Building a team The following points should be taken into account when such a team is being created: • Team members should be appropriately trained or experienced in their assigned tasks. • Possible language barriers need to be taken into account. • The team as a whole, as well as its individual members, should establish and maintain a professional, impartial approach. • It may be a good idea to rotate tasks within the mediation team, especially of such tasks as conciliation, mediation and finalization of agreements. • A system should be developed to monitor the team as a way of enhancing its responsiveness and the quality of its performance.

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S

T O

Collecting background information Background information is essential to help make decisions about whether and how to act as a mediator. Before going to the conflict site, mediators can research sources that provide information on the region or community, including its environment, people, history, and patterns of resource use, conflict trends and the nature of the conflict. Important starting places are newspaper articles, the published and unpublished reports of organizations or researchers working in the respective area, minutes of public meetings, and audiovisual presentations (including radio or television reports). All such information should be treated as potentially false, requiring verification from other sources and observations in the field. Action planning Action plans lay out all the activities, the time frame for these activities, and the setting (where, how, who, which tools?). In addition, the process needs to be designed carefully: Who will be contacted first? What will be talked about? Mediation teams need to consider: • logistical arrangements: transportation, accommodation, food, stationery supplies, etc.; • working with the concerned parties to set an appropriate date/venue for meeting • process design: welcome protocol (appropriate greeting ceremonies in traditional settings), sequence of meetings with the different factions (who, when, where?); • preparation of an agenda for the first meetings: what will be talked about, clarification of the mediator’s role, the advantages of ACM, map of the conflict management process, space for statements from the various factions and their perception of the conflict; • exploration of strategies for contingency plans:; • constant reflection on their own assumptions: about the conflict, the stakeholders involved, and the goal to be achieved. These should be discussed within the team, documented and revisited after each field visit. Assumptions should be changed when new information suggests. Contact person(s) Third parties often need to use a local contact person, or gatekeeper, to assist entry. For example, a contact person may arrange the first meeting between mediators and the conflict stakeholders. In some places, local administrative officers may assume – or seek to assume – the role of contact person. In other cases it may be possible to choose from a range of people, such as traditional mediators, leaders of local resource user groups, community-based authorities such as kin group or neighbourhood leaders, extension workers or other development agents. If a mediator selects a contact person who is perceived as partial, the process may be obstructed, because the mediator too may then be perceived as partial. Local authorities should be treated with appropriate respect and consideration, but local government officials or village heads are not necessarily neutral and may well be stakeholders in the conflict.

ession 11 Entry (Planning the entry, entering the conflict setting, preliminary analysis of the conflict)

ime: 60 minutes

bjectives: • To introduce/sensitize conflict mediators to community and stakeholders and

clarify their roles • To obtain deeper understanding of the complexity of the conflict • To decide on the adequacy of skills, resources and/or time available • To identify an appropriate intervener, if necessary • To identify stakeholders and determine if parties are ready to negotiate • Determine differences in power among the concerned parties and examine how

this is likely to affect their ability to negotiate. • To examine resources and time required to facilitate activity

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• Early engagement of stakeholder – recommended through possible “shuttle consultations”

Expected output:

• Greater understanding of the complexity of the conflict is attained • Preparedness of stakeholder parties to negotiate is assessed • Differences in power among the concerned parties is analyzed including how this

is likely to affect their ability to negotiate is assessed • Adequacy of skills, resources and/or time available to undertake the activity is

determined • Appropriate intervener identified • Stakeholders identified and parties ready to dialogue

Materials:

• Power point equipment, Flip charts, markers, post-its, glue, scissors • Cut several circles of at least six different sizes out of the coloured post paper.

Circles of the same colour should be the same size. • Cut out triangles of different sizes (as it is with the circles)

Learning activity steps:

• Brief lecture presentation and exchange on key points of entry and establishing contacts (“optimal ignorance”, triangulation,” etc ) and “shuttle consultation”

• Brainstorming in groups working on a selected a conflict (a “hot spot” case study) to discuss and list all of the stakeholder groups for that conflict

• Group members use coloured circles provided to represent each stakeholder. A chosen circle size should be used to represent the stake or interest. Glue the circles to a piece of paper with the conflict in the center.

• Group should discuss the relative power each stakeholder has and with an appropriate triangle glue it to the top of the appropriate circle (overlapping)

• Mark with (*) the primary stakeholders (those who should be involved in managing the conflict)

At the end of one hour ask each group to present and explain its results

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Stakeholder Analysis – Power and Level of Interest

MoFA

*

Community A

NGOS

Conflict Issue; Land ownership

*

Community B

* CBRDP

Legend

* Primary Stakeholder Power of the Stakeholder (the size represents the level of power) Stakeholder Group (the size represents the stakeholder’s interest)

Note: The closeness of the stakeholder group to the conflict location indicates most affected by the conflict SESSION LESSON on Entry Milestone A: Entry Need to clarify the role of third party this includes preliminary conflict analysis with detailed clarification of what the conflict is about, and consultation with stakeholders (Steps 1 to 3 complete milestone A). Step 1: Preparing entry. The mediators clarify their role and prepare the contacts with conflict parties. They examine background information on the conflict, and develop the best strategy for approaching the different parties to the conflict.

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Step 2: Entering the conflict scene. This is the first direct contact that the mediators have with the conflict parties. The mediators first meet the conflict parties separately and learn how they frame the conflict. They then clarify their own role in moving the process forward, and secure a commitment to start mediation. Step 3: Analysing the conflict. The mediators clarify their assumptions about the conflict, and analyse the different stakeholders’ positions. The mediators should continue only if:

a) the conflict analysis indicates that existing conflict management mechanisms are unlikely to succeed; b) interest-based negotiations appear to be the best strategy under the given circumstances; and c) their own intervention will do no harm.

Trainers guide • Optimal Ignorance: “knowing what is worth knowing” • Appropriate Precision: Choosing standards of accuracy that might not be acceptable to academic

research but that still allow responsible decision-making • Iteration: Advancing in circles, as a continuous learning process • Triangulation: Looking at things from different points of view (at least three)

Explain the purpose of the activity (brainstorming), initiate a discussion around the following points • How useful was this activity in identifying the stakeholders related to the conflict and in carrying out a

preliminary analysis of them • What does this tell us about stakeholders’ power and influence? • Were there any disagreements about who were and who were not legitimate stakeholders? How might

identification of stakeholders change depending on the group involved in the analysis? Stakeholder identification and analysis is a process that should be repeated at various stages of conflict management. New stakeholders can emerge as the conflict escalates or as new resolution strategies are proposed. Also, roles and interest of existing stakeholders will evolve.

Session 12 Preliminary Analysis Time: 90 minutes Objectives:

• To clarify assumptions and deepen insights regarding the conflict and the strategies for addressing it. (the what, who, past efforts and incentives to move forward)

• To become familiar with some core tools to facilitate in conflict analysis Expected output:

• Assumptions clarified and insights regarding the conflict deepened that illuminate underlying causes of the conflict understood. (the what, who, past efforts and incentives to move forward)

• Participants have become familiar with some core tools to facilitate conflict analysis through tool practicum

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Materials: Flip charts, coloured markers, power point equipment, Post-its, tape Learning activity steps: Tool practicum: 1. Root cause analysis: to examine origins and underlying causes of conflict

• Let participants be in groups as in session 11 (with same conflict background) • Starting from the specific conflicts, write the conflict issue at the top of the flip

chart. • Next participants should ask why the conflict has occurred or what the immediate

causes of the problem are. • Write these on post-it and place them below the conflict heading on the flip chart. • Working outwards members should keep asking themselves the question ‘why?’

for each of the immediate causes. The group is to discuss the reasons writing each on post-it.

• The process is repeated until the group members have reached some basic root causes of the conflict or issue being addressed (the post-it can be moved around if necessary).

• Group members should connect the post-its with lines to show the linkages between causes and effects (check logic by repeating the process of asking ‘why?’ down through the levels of causes).

• Reconvene the groups and ask one person from each smaller group to post and explain its chart

Suggested second related tool for practicum (if time) 2. Time line: to understand history of conflict, sequence of events, and past efforts to resolve conflict

• The conflict time line can be utilized without much prior explanation. When a stakeholder group narrates its story, it may be useful to structure the flow of information. The mediator can suggest writing down the sequence of events on a flip chart so that the stakeholders can verify whether the mediators have correctly understood their stories.

• On a flip chart, write the name of the conflict. Under the conflict heading, create

columns for dates and events. Ask the participants to think of the specific events that led to this conflict, and when those events occurred. Explain that at this stage they should not worry if the dates are wrong, as these will be checked later. Ask one participant to name one of the events – preferably one of the earlier events or actions in the history of the conflict. Record the date and event on the flip chart. If some of the participants are illiterate, use symbols on the flip chart. However, precise points still need to be documented in writing.

• Ask the participants for another event and record it. Continue to do so, explaining

that they do not have to name the events in sequence. Check whether the participants can think of something that happened before the first events listed. The events will be recorded in the appropriate chronological order based on date. Allow each participant to contribute his/her ideas without being questioned.

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• Review and reach agreement on the events, checking the order and dates. When

there is disagreement about the facts (either the date or the event), assess whether this is significant to the analysis. If the participants feel that they need to confirm the information, note this on a separate sheet as an “information need”.

• When participants appear to be satisfied with the time line record, ask them to

take a moment and reflect on the history of the conflict. Start a discussion with the following questions:

What have you learned about the conflict from the time line? What have been the most significant events in escalating or

broadening the conflict? Why? How have the events affected relationships among the parties? Why do you think the parties acted in the way they did? What

were the underlying interests, fears or needs of the parties in these events?

Trainers guide At the end of the presentations, start a discussion with the following question

• What were some of the problems faced in completing the trees? (Note; confusion between cause and effect)

• How does this activity help participants to think about a cause of conflict or its origin? • How can you use this problem tree activity with the interest parties to examine conflict causes? What

might be some of the constraints? How can these be overcome? The activity is useful in demonstrating how local causes of conflict can be linked to much broader social, political and economic issues. The root cause analysis can be repeated at different times as more information becomes available and new issues arise

Session 13 Broader Engagement Time: 90 minutes Objectives:

• To review key concepts of “engagement” and understand its value in conflict management

• To become familiar with the difference between positions and interests and its importance to attaining collaborative agreements

• To examine the relationships among (or within) different stakeholder groups through examining their rights, responsibilities and benefits of different stakeholders in relation to a particular conflict, as part of improving understanding.

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Expected output: • Key concepts of “engagement” are reviewed and participants understand its

value in conflict management • Participants become familiar with the difference between positions and interests

and its importance to attaining collaborative agreements • Participants examine the relationships among (or within) different stakeholder

groups through examining their rights, responsibilities and benefits of different stakeholders in relation to a particular conflict, as part of improving understanding.

Materials: Flip chart, coloured markers, Sample 3Rs matrix Learning activity steps:

• Plenary presentation and discussion and exchanges on principles of engagement in conflict management (Trainer notes below)

• Review of Onion Figure and discussion in plenary

‘The Conflict Onion’: Distinguishing Interests and Positions

Local community-based organizationrepresenting Indigenous Forest User

Observation

Demgen

Demthe POSITION

No by i

FR

Conindi

Impinco

Invoin fo

Foo Rec

valufore

Indmonee

Adapted fr

and for funds for income eration projects ands to Gov’t to return

FR to customary tenure

(What we say we want)

INTEREST (What we really want)

Lonbiod

Con

NEEDS

(What we must have)

as i

tinued forest access by genous communities roved sources of local me lvement of communities rest mgt decisions

d security ognition of local cultural es & customary use of the st by Gov’t

igenous people need ney to meet basic family ds

MaRes

Red Res

arema

Abima

om Fisher et. al. 2000

use of Forest Reserve (FR) ndigenous people protection to be maintained t is

intain influence in Forest erve management uce impacts of forest harvest erve management decisions

based on scientific ally sound nage -ment principles lity of agency to enforce nage -ment guidelines

g-term protection of forest iversity tinuation of funding for forest

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Tool practicum: 3Rs and stakeholder relations Step One

• Participants organize in groups as in session 11 (with same conflict background) • Groups draw the 3Rs matrix • Groups review the terms ‘rights’, ‘responsibilities’ and ‘returns’ and how they are

used in relation to he conflict. • Groups consider the current and actual ‘rights’, ‘responsibilities’ and ‘returns’ for

each stakeholder group. • Groups score each on a scale of 0 (none) to 5 (high/maximum) • Ask each group to present their finding in the matrix form

Step Two At the end of the discussion participants return to their small groups and continue working on the same conflict with the same groups of stakeholders.

• On a flip chart each group draw circles to depict the key stakeholders listed in the 3Rs matrix.

• They discuss each of the relationships among the stakeholders among the stakeholder groups. (Are the relationships positive and cooperative or negative and conflicting)

• Each stakeholder group should then be connected to the others by the appropriate line that indicates this relationship.

Good relations – straight solid green line (the thicker the line the stronger the relationship)

Good relations (very strong and alliance can be formed to address the conflict) – Bold green line

Negative relationship – wavy lines (the stronger or more jagged the line, the greater the conflict between these two group)

Trainers’ guide At the end of the first exercise, initiate a discussion with the following questions

• What did you learn from the conflict form completing the matrix • How different were the stakeholders in relation to the conflict their ‘rights’, ‘responsibilities’ and

‘returns’ given the current situation of proposed management changes. • How did these differences in these factors affect the stakeholders’ levels of power or influence in the

conflict? • How should these different factors change in order to reduce the conflicts?

At the end of the second exercise, initiate a discussion with the following questions: • How useful was this activity in helping to depict relationships among stakeholders • What does this activity show about stakeholder relationships in conflicts? • How do the 3Rs affect relationship? • Discuss the role of shared histories and how they affect relationships within a conflict • Have any groups identified potential alliances that strengthen the position of local stakeholders • Do any of the maps indicate who may be able to play the role of a trusted third party to help support a

conflict management process? Note Interactions among stakeholders are much more complex than might we may initially think. Relationships among stakeholders are dynamic and will change during the course of a conflict

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SESSION LESSON on Broader Stakeholder Engagement Milestone B: Broadening stakeholder engagement Mediation team’s task is to guide the different stakeholders’ self-reflection -discovery. This includes awareness of their long-term interests, gains from negotiated solution, and the possible alternatives to a negotiated solution. Step 4: Engaging stakeholders. In this process, the mediators gradually hand over control and responsibility to the conflict stakeholders. Mediators help the stakeholders to analyse the root causes of the conflict, the different stakeholders involved, and their own positions, strengths, interests and needs. Step 5: Assessing options. The mediators now help the different stakeholders to generate options for resolving or managing the conflict. The merits of each option are assessed, and the options are prioritized. Session 14 Field Preparation and Mentoring Time: 45 minutes Objectives: To provide

• To understand the principle and process of mentoring • To design a mentoring program for implementation during the CBRDP, • To prepare mentoring tools, including case study outlines

Expected outputs:

• To understand the principle and process of mentoring • To design a mentoring program for implementation, • To prepare mentoring tools, including case study outlines

Materials: Flip charts, markers Learning activity steps:

• Mentoring concept is introduced and key principles and value of “coaching” approach are explained

• Concept of documentation through case studies presented: objectives, activities, outcomes expected

• Participants in groups design mentoring schedules • Volunteer presents each group mentoring plan • Joint confirmation of the mentoring dates • Case study outline prepared in small groups and a final “template” outline

agreed upon through consensus in plenary • Participants brainstorm communication network • Joint agreement on communication system (telephone, e-mail, etc) and

time

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SESSION LESSON on Mentoring 1. Why Mentoring? Through mentoring trainees are given an opportunity to apply and practice concepts, methods and skills introduced in the training course to their work environment. These notes and guidelines are put together to ensure that the good practice in mentoring is communicated so all involved can benefit from the process. These guidelines explain what mentoring is, the benefits, the role of the mentor, how to improve effectiveness and how to manage the mentoring process. 2. What is a Mentor? The concept of mentoring has found application in virtually every forum of learning. For some, mentor is often used synonymously with adviser. A fundamental difference between mentoring and advising is that mentoring is more than advising; mentoring is a personal, as well as, professional relationship. An adviser might or might not be a mentor, depending on the quality of the relationship. 3. The Role of the Mentor The specific role of a mentor will vary depending on the situation, the organizations and individuals involved, and the goals of the training. Defining the role of the mentor and clarifying this with the mentee is an important first step in a mentoring programme. 4. Mentors can be and often are many things: Advisors/coaches - people with career experience willing to share their knowledge; Tutors - people who give specific constructive feedback on one's performance; Support - people who give emotional and moral encouragement; Facilitator - Mentors are not expected to solve mentee's problems for them but part of the role is to act as a sounding board for discussion of problems identified by the mentee. Through a confidential process of listening and questioning, mentors should help mentees to reflect upon their own progress, clarify issues and help them towards resolving their own problems. 5. Tips for Becoming an Effective Mentor For most people, good mentoring, like good teaching, is a skill that is developed over time. Here are a few tips for beginners. Recognise the uniqueness of the mentoring relationship - There is no single formula for good mentoring - Mentoring styles and activities are as varied as human relationships. Build a relationship –. Listen carefully and patiently - Nurture Self-sufficiency - mentoring should allow the mentee to take on an increasingly independent role in identifying questions, methods, analysing, assessing intervention options and presenting the results back to others. As the mentees gains more experience a good mentor knows when to step back and ensure more independence.

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Share yourself – Keep in contact - Discuss at the outset what is appropriate regular contact—to keep all your trainees on the "radar screen" and to anticipate problems before they become serious. Establish ‘protected time’ together –Introduce networks - Provide introductions and help the student develop a professional network and build a community of mentors. Networking is the process of forming contacts or exchanging information with other individuals to advance personal development goals or aims at establishing a greater capacity for addressing conflict. Model good mentoring behaviour – remember that sometime in the future your student will be a mentor too. So don’t abuse your authority or be overbearing and dictate ‘correct’ choices. Discuss openly professional ethics - Be alert for ways to illustrate ethical issues and choices. The earlier that student are exposed to the notion of Do No Harm and professional integrity, the better prepared they will be to deal with ethical questions that arise in their work in conflict situations. Be aware and sensitive to gender, ethnic, and cultural differences- Discuss limitations of the Mentor - Students, for their part, need to understand the professional pressures and time constraints faced by their mentors and not view them as merely a means—or impediment—to their goal. Mentors use the 3 Bs: Be open, be encouraging, and be prepared FIELD PRACTICUM – DURATION OF FIELD APPLICATION (to be determined) Phase Two Session 15 Group sharing of field experiences Time: 120 minutes Objectives:

• To share field experiences from groups, assess strengths and weaknesses in approaches and experiences, and learn lessons

Expected output:

• Field experiences from groups, shared, assessments attained of strengths and weaknesses in approaches and experiences, and lessons learned synthesized

Materials: Flip charts, markers Learning activity steps:

• In plenary, an outline is established for key points for group presentations • Each group presents briefly according to outline key steps, emphasizing

strengths and weaknesses and lessons learned.

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• Group discussion of presentations in plenary • Conclusions and recommendations

Session 16: Negotiation Time: 120 minutes Objectives

• Enable participants to understand key steps of mediating negotiations toward constructive outcomes

• Enable participants to become familiar with different approaches to mediating conflict and how to identify best options and processes to build agreements in the given context

Expected outputs: • Participants understand key steps of mediating negotiations • Participants become familiar with different approaches to mediating conflict and

how to identify best options and processes to build agreements in the given context

Materials: Flip charts, markers, power point equipment Learning activity steps:

• Power point presentation on five main steps in mediating negotiation • Trainer reviews in detail content of key aspects of the steps (see Trainer Notes

below) • Trainees divide into small groups according to similar cultural background

settings and brainstorm on assessing the options and building consensus. • Volunteers presents each of the above in a plenary • Discussions

Trainer aid for power point

• Setting the stage: confirm and refine the agenda, clarify roles, develop trust and define ground rules

• Providing the space for stakeholders to state their cases and talk about their interests, “framing of

the conflict”

• Reframing the conflict: to help the stakeholders to shift their assumptions and priorities in the

conflict, looking for mutual advantage to build collaboration

• Expanding options that might provide mutual gain

• Assessing options and reaching agreement on acceptable options for managing critical issues

NB The process and substance of negotiations must meet the needs and particular circumstances of the

specific situation. It is important to remain sensitive to the dynamics of group interactions, specific

circumstances and issues of equality in participation. Great care is needed, especially for external

mediators who are unaware of much local history, cultural reference points, proverbs, etc.

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Trainers’ guide The Negotiation Process The negotiation process involves three steps:

• preparing negotiations; • facilitating negotiations; • designing agreement (reviewed further in Session 17).

PREPARING NEGOTIATIONS The various negotiation parties and the mediator must:

• inform people about the negotiation process: mediators need to inform stakeholders about the negotiation procedures, build participants’ ownership, trust and keep expectations realistic; mediator’s should remind all parties to focus on underlying interests rather than their positions, reminding them to take each other’s needs and interests into consideration and that negotiations are open-ended processes; building legitimacy is important, through sharing information widely, explaining why a group’s interests are legitimate, gathering recognition and support (possibly through petitions or surveys) that indicate a broad base of support and seeking other influential and reliable individuals or organizations that will speak on behalf of a group’s legitimacy

• help choose the right place and time for negotiations: mediators need to take into careful consideration

(including through asking key questions) the setting, time, place;the environment chosen for negotiations may significantly affect the way in which conflict parties feel and communicate, a neutral place is advised; seating, timing and scheduling are very important, especially when different resource users are trying to make use of the same area, such as when fishers, pastoralists, foragers and farmers are contending use of a wetland.

FACILITATING (MEDIATING) NEGOTIATIONS Setting the stage – the mediator’s role is crucial at this stage to change perceptions about a conflict situation and about what solutions may be possible. The mediator should encourage opening up of views, focus on mutual agreeable outcomes, and clarify misunderstandings by clarifying roles, including his/her own to:

• help move participants towards genuine commitment; • assist the participants in meeting their objectives; • provide information and guidance that helps participants to reach decisions on their agenda items; • observe strict confidentiality regarding statements and behaviour

Refining the agenda - following the introductions, the mediator should revisit the agenda to check whether it contains all the issues that the parties want to discuss. Mediators need to remember that cultures differ in their styles of public speaking and negotiations and whatever style is adopted, the mediator has to make sure that everyone has a chance to speak from the beginning. As many people will have similar concerns, this may give people their first idea of sharing interests and concerns with others. Assessing options and building consensus- parties need to reassess how well their interests will be satisfied by any of the options (or combinations) that have been generated collaboratively. To determine realistic agreements that parties will commit to, A decision grid is useful. Steps include: development of mutually acceptable criteria for assessing options; assessment of the options based on these criteria (such as achievability, costs, tine, risks); confirmation of the agreed option(s) by a larger constituency. Sample decision grid Criterion/option Option 1 Option 2 Option 3 General achievability Cost and inputs Advantages (pros) Disadvantages (cons) Opportunities Risks

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[continued] Parties should also be encouraged to look closely again at their BATNAs Each party needs to ask itself whether it is better off with or without the proposed agreement and be able to identify one option that they can all support, agreeing through consensus. The degree to which interests are met determines how strong the agreement will be. The following are some of the possible outcomes of the conflict management process:compromise; experimental or trial decisions; parties agree to a temporary settlement that will be tested and evaluated at a later date; procedural solutions to major issues (parties agree on a process); partial settlement (parties agree on many issues, but continue to disagree on others); continued negotiations (parties agree to disagree) but want to continue negotiations sometimes by calling in a third party to help them reach a binding decision. Confirming the agreement – agreements take time to confirm and obtain support. Mediators might want to break up the process regularly to allow parties to discuss to solidify agreements. Mediators might also help decide whom from the wider constituencies should be involved in the final agreement. Building trust - the importance of building trust in negotiations cannot be overstated. In conflict, people often do not trust each other at the beginning of negotiations, where stakeholders question the truthfulness or accuracy of each other’s statements and behaviour. When trust is low, the mediator can build trust through a number of ways:

• ask stakeholders to clarify their assumptions about how other stakeholders use or need the resource under question, how they perceive their own attitude towards the other parties, how they perceive the other parties’ attitudes and motivations, and how they think the other parties perceive them;

• discuss how the negotiation process can gradually build trusting relationships, through a series of promises followed by actions that meet those promises, This helps to reinforce the belief that commitments will be carried out;

• establish a series of checks to assure that trust endures; • ask to describe what is meant by trustworthy behaviour, and to identify where there has been trust

in the past, and what spoiled it. At this point, any assumptions about trust in their past relationships can be usefully explored;

The consequences of breaking trust in the short and long term can be assessed. Promises for future action can be restated in the agreement, and the consequences of not keeping these promises should be made clear. Opening paths of communication - by work out some ground rules with the participants, developed through brainstorming by asking the participants how they would like to be treated by others during the negotiations. Good communication means people are actively listening to each other, and everybody has a chance to speak. Non-verbal communication plays a significant role in indicating the underlying feelings or emotions behind a speaker’s words The mediator should make clear that all parties must be heard. It is also important that threatening statements and behaviour are controlled. Providing space for stakeholders’ statements- inviting the parties to state their cases by presenting their interests and views publicly. In particular, the mediator should encourage the stakeholders to: talk about their own viewpoints, fears and needs, rather than those of others; focus on finding mutually agreeable outcomes; repeat back what they have understood from another person’s statement to clarify; “put themselves in the shoes of the other.” Finding common ground -individual groups present their analyses of the issues, ideally leading people to narrow their differences, allowing the exploration of possible outcomes where all stand to gain. After groups have presented the issues and discussed their underlying interests, the mediator requests the participants to produce a list of interests and combine them into a few common categories. From each category, the participants may then begin working together to formulate a concise common goals statement that integrates all the central points. This statement contains the objectives that they will work towards. Developing a common goals statement is an effective way of helping parties to focus on their interests, rather than their positions, and to explore similarities, rather than differences.

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SESSION LESSON on Negotiation

ilestone C: Negotiation

ediators bring the conflict stakeholders to the table to negotiate options and possible

tep 6: Preparing negotiations. Negotiations need careful preparation. This includes

tep 7: Facilitating negotiations. This is the most challenging part of the conflict

ning agreement. Once the conflict parties have agreed on which options to

ession 17: Setting and Implementing Agreements

ime: 60 minutes

bjectives: litate participants understanding of procedures for setting agreements;

the

• the criteria for implementing and

• ntifying enforcement procedures for managing non-

• er of the authorities or external monitor in the

M Mmodes of agreement, as well as the practical measures that could be adopted to implement agreement. Spreparing the people involved, exploring strategies and planning the negotiation setting. Smanagement process, as the parties seek to persuade each other to reach agreement. At this step, differences are narrowed, often through the shifting of viewpoints from positions to interests and needs. While there is a broad sequence that the negotiation process should follow, it is quite normal that there are setbacks and deviations during this process. The negotiations are complete when the conflict parties can agree on options for settling the conflict. These options are brought together, in preparation for moving towards a single agreement that is acceptable to everyone. Step 8: Desigconsider, they need to reach agreement on how these options will be implemented and how implementation will be monitored. The mediators’ role in this process also has to be clarified.

[co tinued]

x anding options-, the next step is to identify and explore the widest range of possible options for achieving

n E pthese goals. The options for settling the dispute must satisfy the interests of all the parties. Some procedures to generate settlement options include: brainstorming; vision building and identifying the problems that are stopping them from reaching it; model agreements from other experiences; single-text negotiating document where one person drafts a settlement draft that parties can revise, resulting in its acceptability to all.

S T O

• To faci• To be familiar with processes to determine the willingness and ability of

conflict parties to comply with the agreement; To be familiar with processes to determine monitoring agreements ; To be familiar with idecompliance with the agreement; To understand the role and powprocess of implementation of agreements (if applicable)

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Expected outputs: r setting agreements are reviewed and understood

rties to comply

• g agreements are identified

• dures for managing non-compliance with the agreement are

• nd power of the authorities or external monitor in the process of

aterials: Flip charts, markers, power point equipment

earning activity steps: tation on steps in formulating agreements:

on combination of above options the

o bedded

• Trainees divide into small groups according to similar cultural background

• instorm setting of agreement (hard versus soft) ria for implementing,

•

ession 18 Exit

bjectives eepen understanding toward consolidating agreement by stakeholders to

• aches toward agreeing on rules in case of non-adherence

• nd considerations to ensure smooth transition to

pected outputs:

deepen understanding toward consolidating agreement by stakeholders to ensure compliance

• Procedures fo• Processes to determine willingness and ability of the conflict pa

with the agreement are reviewed and understood; Criteria setting for implementing and monitorinthrough practice; Enforcement proceidentified; The role aimplementation of agreements (if applicable) are understood.

M L

• Power point preseno Writing agreement collaboratively o Have a third party draft agreemento Agreement should usually contain an introduction on background and

central issues, an implementation, monitoring and assessment plan. Some agreements, though satisfying the above considerations are emin cultural symbology.

settings. Groups bra

• Groups practice through a “case example” for setting critemonitoring and non-compliance and the role of authorities or external monitors. Groups also discuss implications and involvement of wider “public” stakeholders

• Volunteers presents each of the above in a plenary • Discussions

FIELD PRACTICUM – DURATION OF FIELD APPLICATION (to be determined) – Repeat Session 15: Group sharing of field experiences Phase Three S O

• To densure compliance To understand appro

• To be aware of planning processes for reviews of agreement including agreement on monitoring roles To be aware of exit strategies astakeholders and withdrawal of mediators.

Ex• Participants

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• Participants understand approaches toward agreeing on rules in case of non-adherence

• Planning processes for reviews of agreement including agreement on monitoring roles are reviewed

lders and withdrawal of mediators. Materi

gh power point and small group discussions to brainstorm

n options to monitor agreements, reviewing strengths and limitations to different

• Consensus on agreement and implementation processes: roles, re, expectations of outside parties,

2. Checklist for monitoring agreements

• oles and responsibilities: define roles, ensure tasks met, back up support,

3.

Mechanisms in place: outside assessors? res to renegotiate agreement process

Discus n to “hand over”:

• Mediator role concluded – if confidence is high ontinues monitor role – until confidence raised and internal

Way forward - Mediator should: strengthen local capacities to monitor and mediate

thods into normal activities t in collaborative planning

• Participants are familiar with exit strategies and considerations to ensure smooth transition to stakeho

als: Flip charts, markers, power point equipment. Learning activity steps:

Lecture presentation throuoapproaches. Groups present conclusion in plenary 1. Criteria for successful implementation

resources, organizational structuflexibility and consideration of future unintended problems, monitoring process and roles in place.

Rlegal backing?

• Ensure information/communication on agreement progress, allow for inputs

Transparency and flexibility •• Areas of flexibility – procedusio on future role of mediator and exit options

Options for Exit:

• Mediator cmonitoring able to be sustained

• Mediator links community with organizations to assist implementation/ monitoring

•• integrate collaborative me• facilitate links with other organization that may assis

and projects • define benchmarks for exit (of the team and with stakehodlers)

37

SESSION LESSON on Exit

ttled, but not yet resolved after signing agreement. There is the need ensure that the different conflict stakeholders are at least willing to comply with the

various roles in the plementation and monitoring process of agreements. These roles need to be clarified

ediation team needs to develop a system for handing over sponsibility to implement and monitor the agreement to the stakeholders or a trusted

ession 19: Action Plan and Solving Future Problems

• To examine options toward building local community capacity for addressing t in a peaceful, participatory and sustained manner

grated communities

xpected outputs: • Options are examined toward building local community capacity for addressing

aceful, participatory and sustained manner

DP-integrated

Materi

lip charts, Coloured markers, index cards, post-its

• Participants form groups (Area local councils/communities) to plan and prepare a for conducting local training and mentoring in communities

ng

•

Milestone D: Exit Conflicts may be setoagreement and to act in a collaborative manner with each other. Step 9: Monitoring the agreement. The mediators may takeimwith the conflict stakeholders. Step 10: Preparing exit. The mrelocal mediator. The team may also develop strategies that build the communities’ capacity to solve future problems. These steps are not part of the core of ACM, but are becoming increasingly important complementary elements in broader collaborative natural resource management approaches. S Time: 45 minutes Objectives:

conflic• To develop strategies and an action plan toward establishing participatory natural

resource conflict management approaches in CBRDP-inte

E

conflict in a pe• Strategies and an action plan are developed toward establishing participatory

natural resource conflict management approaches in CBRcommunities

als: F Learning activity steps:

proposed strategy • Groups develop a proposed applied learning action plan (ALAP) detailing training

objectives, identifying participants, assessing training needs, timing for trainiactivities case study interventions and valuation and evaluation schedules. Volunteers present each groups ALAP in a plenary

38

ession 20: Discussion on Monitoring and Evaluation

• To become aware of importance of monitoring and evaluation (M+E) of ments

• dicators to incorporate into CBRDP M+E system to provide ongoing agement over natural

Expected outputs

• Importance of monitoring and evaluation (M+E) of agreements is understood icators for monitoring agreements are reviewed

ing ement over natural

Materi arkers, one background sheet, one facilitator’s sheet

earning activity steps: See learning steps in session 13 • Lecture presentation and discussion on M+E, objectives, value added, processes

• al” indicators for collaborative agreements

Tra ner Notes: S Time: 45 minutes Objectives:

agree• To identify common indicators for monitoring agreements

To propose inassessment of improved competencies in conflict manresources

• Common ind• Indicators to incorporate into CBRDP M+E system to provide ongo

assessment of improved competencies in conflict managresources are proposed

als: Flip chart, coloured m L

and shared experiences • Overview of importance of “participation” in the M+E process,

Brainstorming on “potenti• process and activities (including shared experiences) • Brainstorming on proposed set of M+E indicators for CBRDP

i• Scale – it is intended that there are between 5 – 10 persons are trained and mentored.

e – Participants are encouraged to work together to deliver training – for example within raining and

• Structurdistrict or communities within close proximities – this will allow for more resources for tshared learning.

• Funding for training is provided by the participant’s organizations. CBRDP believes that the capacity of the organization to fund an initial training is critical to the issue of sustainability of the initiative.

39

Session 21: Training Evaluation

• To have participants evaluate the contents and process of the training workshop

Exp t• Content and process of workshop evaluated

Ma ilip charts, Coloured markers, index cards, post-its evaluation forms

• Ask participants to reflect over the entire workshop arise their evaluative comments in the format provided

n to exchange views

art 1 1. To what extent has the workshop achieved the stated purpose and objectives?

. What changes have you experienced in relation to the workshop topics, your

es 3. been the best parts of the workshop for you and why

workshops of this nature.

Part 2

sing the following scale, indicate your satisfaction regarding the workshop.

(5) . . . . . . . . . Dissatisfied moderately satisfied very satisfied

. . . . isfied

Time: 30 minutes Objectives:

ec ed outputs

ter als:

F Learning activity steps:

• Ask them to summ• Individual reflection followed by small-group formatio• Groups share in plenary and open discussion

P

2

Knowledge Skills Attitud

What have

. What parts should be strengthened or expanded on in the future 4

U What is your level of satisfaction with the content of the workshop? . . . . . . . . . (1) . . . . . . . . . (2) . . . . . . . . . (3) . . . . . . . . . (4) . . . . . . . . . What is your level of satisfaction with the daily schedule during the workshop? . . . . . . . . . (1) . . . . . . . . . (2) . . . . . . . . . (3) . . . . . . . . . (4) . . . . . . . . . (5) . . . . .

Dissatisfied moderately satisfied very sat Why

40

What is your level of satisfaction with the length (number of days) of the workshop?

Dissatisfied moderately satisfied very satisfied

the orkshop?

1) . . . . . . . . . . (2) . . . . . . . . . . (3) . . . . . . . . . . (4) . . . . . . . . . . (5) . . . . . . . . . . Dissatisfied moderately satisfied very satisfied

hat is your level of satisfaction with the venue (location and facilities) of the workshop?

Dissatisfied moderately satisfied very satisfied

. . . . . . . . . (1) . . . . . . . . . (2) . . . . . . . . . (3) . . . . . . . . . (4) . . . . . . . . . (5) . . . . . . . . . Why What is your level of satisfaction with the training and facilitation methods used during w . . . . . . . . . . (

hy W W . . . . . . . . . . (1) . . . . . . . . . . (2) . . . . . . . . . . (3) . . . . . . . . . . (4) . . . . . . . . . . (5) . . . . . . . . . .

hy W Other comments

41