WHAT ARE DEMOCRATIC CONFLICT RESOLUTION MECHANISMS? - CULTURE VOCABULARY - 2025

The democratic mechanisms for conflict resolution are structured techniques that allow resolving conflicts of social, legal and political. For example, they serve to resolve the differences between a company and the group of workers, or to reach an agreement on the requests of some social group.

In any interdependent system there will be bids between two or more parties, these mechanisms are used so that the rule of law, institutions and harmony prevail. Its application seeks the creation of stable and peaceful solutions.

They can also be known as alternative conflict resolution mechanisms, because their premise is to find peace before going to the judicial system.

Called in any way, the protagonists of the conflicts that require the application of these mechanisms can be natural persons, legal entities, and even States.

Democratic mechanisms commonly implemented in conflict resolution

For the resolution to be successful, both parties must participate voluntarily and be willing to yield their demands or expectations in some respect to win in the name of the common good.

In some cases, not only the parties are involved, but also a third party who seeks to provide objectivity thanks to its impartiality. The nature of the conflict and the level of interest of the parties to "win" may make the implementation of one technique or the other more suitable.

Either way, there is a hierarchy made by conflictologists and political scientists, these are the most common techniques:

Negotiation

In this only the parties participate and between them they seek to reach a consensus. It is governed by basic rules of transparency and tolerance.

If handled correctly, it not only builds bridges between parties, but further strengthens relationships through effective communication.

Mediation

In mediation a third party is introduced to facilitate negotiation. This third party must be neutral and both parties must agree to their participation.

Preferably, it must be a professional who knows the nature of the problem, or an entity with related experience in the topic being disputed.

Conciliation

It occurs when the nature of the conflict does not allow effective communication between the parties. That is, not only is there a disagreement with the expected result, but there is no understanding in the process.

This is still an extrajudicial mechanism, but it presents more formalities than the previous ones.

Here also a third party is involved, called a conciliator, who intervenes with formulas and proposals to find a solution.

If the conciliation has been successful, a commitment document must be signed; it is not mandatory, but its compliance can be seen as an act of good faith.

Arbitration

It commonly occurs in disputes in which each party perceives that if they lose, they would be losing a lot.

Here the parts don't work together; They separate their cases (chronology of events, demands, evidence, among others) and present them before a judge or group of judges.

These judges (arbitrators) will determine a decision that will be made known to the parties. Normally, the resolution issued by an arbitration process is strictly enforced.

Some authors differ from its hierarchy, stating that it is not necessarily below conciliation, but on par. They define it as a legal alternative before litigation.

Litigation

This point can be reached directly, or having exhausted previous mechanisms. It is the formal introduction of the conflict before the justice system, which will guarantee accountability and compliance with the measures taken.

Win-win is not possible in most cases, and requires a greater investment of time and money.

References

1. García, CO (2002). Customary law and legal pluralism. Guatemala: Cholsamaj Foundation.
2. Gonzalo Quiroga, M., & Sánchez García, A. (2012). Alternative methods of conflict resolution: multidisciplinary perspective: Tools for peace and modernization of justice. Madrid: Dykinson Bookstore-Editorial.
3. J., CI (1998). Mechanisms for alternative dispute resolution derived from insurance and reinsurance contracts in comparative law: administrative protection, conciliation, mediation, defense of the insured and arbitration. Bogotá: Pontificia Universidad Javeriana.
4. Program, UN (sf). United Nations Development Program. Retrieved on August 30, 2017, from pppue.undp.2margraf.com
5. William Zartman, I. (2007). Peacemaking in International Conflict: Methods & Techniques. Washington, DC: US ​​Institute of Peace Press.