Chapter one

Introduction

Introduction

Thischapterwillinclude;Backgroundofthestudy,Problemstatementofthestudy,Purposeofthe Study,
Research objectives, Research questions, Scope of the study, Significance of the Study,
Operational definitions of the study and Conceptual framework of the study.

Backgroundofthestudy

Globally: Negotiation has been defined as any form of direct or indirect communication
wherebypartieswhohaveopposinginterestsdiscusstheformofanyjointactionwhichtheymight take to
manage and ultimately resolve the dispute between them. Negotiations may be used to resolve an
already-existing problem or to lay the groundwork for a future relationship between two or more
parties. Negotiation has also been characterized as the “preeminent mode of dispute resolution,
which is hardly surprising given its presence in virtually all aspects of everyday life, whether at
the individual, institutional, national or global levels. Each negotiation is unique, differing from
one another in terms of subject matter, the number of participants and the process
[Link],itisnotsurprisingtofindthatnegotiationcan also be
applied within the context of other dispute resolution processes, such as mediation and litigation
settlement conferences. Negotiations allow the parties to agree to an outcome which is
[Link]
beasbroadorasspecificastheparties’[Link] of an
agreement. Once signed, has the force of a contract between the parties. If the settlement is
negotiatedinthecontextofalitigiousdispute,thenthepartiesmaywishtoregisterthesettlement with the
court in conformity with the applicable rules of practice(Dispute Prevention and Resolution
Services, 2015).

Negotiation is a method by which people settle differences. It is a process by which

compromise or agreement is reached while avoiding argument and dispute. In any disagreement,
individualsunderstandablyaimtoachievethebestpossibleoutcomefortheirposition(orperhaps

1
an organization they represent).However, the principles of fairness, seeking mutual benefit and
maintaining a relationship are the keys to a successful. Specific forms of negotiation are used in
manysituations:internationalaffairs,thelegalsystem,government, industrialdisputes or domestic
[Link],generalnegotiationskillscanbelearnedandappliedinawide
[Link]
between you and others(SkilsYouNeed, 2017).

Conflict resolution: there are many ways to resolve conflicts - surrendering, running away,
overpoweringyouropponent withviolence,filingalawsuit,[Link] movementtowardAlternative
Dispute Resolution (ADR), sometimes referred to simply as conflict resolution, grew out of the
[Link],thetermsADRand
conflictresolutionareused somewhat interchangeablyandrefer toawiderangeofprocessesthat
encourage nonviolent dispute resolution outside of the traditional court system. The field of
conflict resolution also includes efforts in schools and communities to reduce violence and
bullying and help young people develop communication and problem-solving skills, Common
forms of conflict resolution include: Negotiation is a discussion among two or more people with
the goal of reaching an agreement. Mediation is a voluntary and confidential process in which a
neutral third-party facilitator helps people discuss difficult issues and negotiate an agreement.
Basic steps in the process include gathering information, framing the issues, developing options,
negotiating, and formalizing agreements. Parties in mediation create their own solutions and the
mediator does not have any decision-making power over the [Link] is a process in
which a third-party neutral, after reviewing evidence and listening to arguments fromboth sides,
[Link]/management
[Link]
session, the disputing parties agree to try mediation first, but give the neutral third party the
authority to make a decision if mediation is not successful.

EarlyNeutralEvaluation involvesusingacourt-appointedattorneytoreviewacasebeforeitgoes
[Link]. If
there is no resolution, the attorney informs the disputants about how to proceed with litigation
[Link] isa
structuredconversationinvolvingallmembersofacommunity(offenders,victims,family,friends, etc.)
[Link],thefacilitatorinvitespeople

2
toexpresshowtheywereaffectedandhowtheywishtoaddressandrepairtheharmthatresulted.
Collaborative Law refers to a process for solving disputes in which the attorneys commit to
reaching a settlement without using litigation. Negotiated Rulemakingis a collaborative process
inwhichgovernmentagenciesseekinputfromavarietyofstakeholdersbeforeissuinganewrule.
PeerMediationreferstoaprocessinwhichyoungpeopleactasmediatorstohelpresolvedisputes among
their peers. The student mediators are trained and supervised by a teacher or other
adult(Scimecca, 1993).

Conflict, arguments,andchangearenaturalpartsof ourlives,aswellasthelivesofevery agency,

organization, and nation. Conflict resolution is a way for two or more parties to find a peaceful
solution to a disagreement among them. The disagreement may be personal, financial,
political,[Link].
Often, each sidewillgetmoreby participating in negotiations than they would by walking away,
and it can be a way for your group to get resources that might otherwise be out of reach. To
understand more about those whose ideas, beliefs, and backgrounds may be different from your
own. In order to resolve a conflict, you'll need to look at the conflict from your opponent's point
of view and learn more about this person or group's perspective and motivations, to ensure that
your relationships with opponents continue and [Link] you make peace with your opponents,
you increaseyour own allies in thecommunity. Successfulnegotiations pavetheway for smooth
relationshipsin the future, tofindpeacefulsolutions [Link]-blownbattlesuse
upresources--time,energy,goodreputation,[Link],youavoidwastingthese
resources, and you may actually make new allies and find new resources(Harrigan, 2021).

In Africa: Each people, race, or identity group has their own ways of doing things
especially as they concern conflict resolution. While in Europe, for example, the police are an
agency of crime detection, severalAfrican societies relied on oath-taking and divination in pre-
colonial times. These methods still thrive today in some places on a very limited scale alongside
torture and skull breaking in the name of interrogation and confession [Link], while the
western world placed emphasis on a judicial system presided over by lawyers and judges;
traditional Africa uses council of elders, king‘s court, peoples (open place) assemblies, etc.
However,inAfrica, conflicttakesvariousformsand [Link] does
not have a single definition fromAfrican perspective. It could be a kind of social unrest or
relationships,whether positiveor negative. Consequently, conflictsarein magnitudeofrage, rift,

3
misunderstanding, family and market brawls, skirmishes and wars. These kinds of conflicts are
[Link] been
wiped out by the forces of colonialism, including psycho-war forces. This resulted to instability
and retarded development. Dialogue between disputants is today replaced by fighting,
andthemediatingroleofelders,andothermorepeacefulinstitutionsasage-grades,highlyrevered
societies are replaced in several clashes with police actions (tear gas), military ―peace keeping‖
operations, and endless court proceedings. This reminded us of the old saying that a people live
out their culture and tradition for self confidence, self reliance, positive change and stability, and
[Link]
instructivevalueofitspastforitspresentandfuture,cannotbeselfconfidentandself-reliant;and will
therefore lack internally generated dynamism and stability (Nwolise, 2005, pp.153-157)
Moreover, the essence of dispute settlement and conflict resolution in traditionalAfrican States
include to remove the root-causes of the conflict; reconcile the conflicting parties genuinely; to
preserveandensureharmony,andmakeeverybodyinvolvedintheresolvedconflicthappyandbe
atpeacewitheachotheragain,andthisrequiredgettingattruth;tosettherightmilieuforsocietal
production and development; to promote good governance, law and order, to provide security of
lives and property and to achieve collective well-being and happiness. These are different from
[Link]
together, her original values must be revisited(Ajayi & Buhari, 2014).

InSomali:The conflict resolutionresponsesof IGADandAUto the Somalia criseshave

been greatly affected by the complex nature of the Somalia politics. Many scholars who studied
the politics of the country came to a conclusion that the Somali politics is complex and hinders
conflict resolution responses due to several factors. First, it is complex in that the Somali politics
isfragmentedacrossclan linesand competitionamongmajorclangroupsforpoliticalsupremacy
andcontrolofeconomicresourceshavecomplicated thehopeforachievingsustainablepeaceand
economic development as well as the establishment of central government. In the political
landscapeofSomalia,clanplaysanimportantrolebeingafactorofpoliticalorganizationandhas been an
instrument for getting the monopoly of legitimate use of violence. The perception and
hatredoftheSomalipeopletowardsacentralizedauthorityisalsotheotherfactorthatcomplicated
[Link],ithinderstheconflictresolution effortsofregional and
[Link] hasbeenarguedthat the Somalipeople are more loyal totheirclan

4
leaders than thecentralgovernment even for claiming physical [Link] aresult, they usually
do not trust on political force assuming state power. This makes the process of peace building
[Link],theinterventionofexternalpowersintheSomalipolitics with
different motivations and contradictory strategies in handling the crises has also been the
challengingIGADandAUin theirconflictresolutionefforts in [Link] capacitiesto
implement the terms of the agreement in consultation with the Somali people. In addition,
uncoordinated and badly managed intervention of regional and international actors made the
[Link] againsttheotherinorder tosustain their interests rather
than the interest. Fourth, there have been clash of interests and persistent division among IGAD
andAU member states in dealing with the kind of support that the Somali people to be provided
with. Their supports to the Somali people various depending on their national interests(Ayalew
Demeke, 2014).

Problemstatementofthestudy

A negotiation is a strategic discussion that resolves an issue in a way that both parties find
[Link],eachpartytriestopersuadetheothertoagreewithhisorherpoint of view. By
negotiating, all involved parties try to avoid arguing but agree to reach some form of
compromise.

Negotiations involve some give and take which means one party will always come out on top of
the negotiation. The other, though, must concede—even if that concession is nominal. Parties
[Link],anemployer and
prospective employee, or between the governments of two or more countries.

Conflict resolution refers as the informal or formal process that two or more parties use to find a
peaceful solution to their [Link] of common cognitive and emotional traps, many of
them unconscious, can exacerbate conflict and contribute to the need for conflict resolution In
conflict resolution, you can and should draw on the same principles of collaborative negotiation
that you use in deal making

[Link],ithasnotbeen
[Link],lackofpowerand
[Link],

5
focusing particularly on theArt (2000) and Mbagathi (2004) processes in order to determine the
reasons for these failures and to recommend what could be done to improve [Link],
theliteraturereviewprovidestheresearcherwiththeconceptualanalysisframeworkregardingthe
dominant theoretical approaches of international diplomacy in the search for a resolution to the
conflict.

Therefore, the issue under negotiation is best defined not as a conflict between parties that must
be resolved but rather as a common problem confronting all parties that must be solved.

Therefore this study will be investigating the role of negotiation in conflict resolution in
Mogadishu.

Purposeofthe Study

 TheroleofnegotiationinconflictresolutioninMogadishuSomalia.

Researchobjectives

1. To investigatetheroleof competing negotiation stylein conflictresolution in Mogadishu

Somalia.
2. Toexaminetheroleof collaboratingnegotiation stylein conflictresolutionin Mogadishu
Somalia.
3. Todeterminetheroleofcompromisingnegotiationstyleinconflictresolutionin Mogadishu
Somalia.

Researchquestions

1. WhatistheroleofcompetingnegotiationstyleinconflictresolutioninMogadishu Somalia?
2. WhatistheroleofcollaboratingnegotiationstyleinconflictresolutioninMogadishu Somalia?
3. What isthe role of compromising negotiation style in conflict resolution in
MogadishuSomalia?

6
 Scopeofthestudy

ContentScope

The researcher was focusing to explain deeply negotiation in conflict resolution in some in
Mogadishu Somalia.

GeographicalScope

This study was conducted in Mogadishu whereis thecapitalcity of Somaliaand has Negotiation in
conflict resolution in Mogadishu Somalia.

TimeScope

Thisstudywas conductin6monthsfromJanuarytoJune2023.

SignificanceoftheStudy

This study was analyzing the historical development of the Somali society in an effort to unearth
[Link]
waslexploreconflictresolutionmodels,andtheexperienceofcertainAfricancountriessimilarly
[Link] of conflictresolution models will bemadein an effortto find thebeststrategy
toresolvetheSomaliconflict.International23interventionstobringorderintothechaoticsystem will be
recommended. Finally, we expect this study will be helpful to future researches on the
negotiation. This study will help to future researchers to get information about how negotiations
[Link] done
further research in this topic or related subject matter.

Theacademicresearchersandstudentswasfindthisresearchimportantinhelpingthemunderstand
negotiation in conflict resolution and in effect will open up other research gaps

Operationaldefinitionsofthestudy

Negotiation:isaprocessofcommunicationandinteractionbetween twoormorepartieswith the aim of

reaching a mutually acceptable agreement or resolution to a particular issue or conflict. It is a
fundamental aspect of human interactions, occurring in various contexts such as business,
politics, diplomacy, personal relationships, and everyday situations.

7
Competing, in the context of conflict resolution and negotiation, is a conflict-handling style or
approachwhereanindividualorpartyassertivelypursuestheirowninterests,goals,andpositions, often
at the expense of others' concerns or viewpoints. It is characterized by a high level of
assertiveness and a low level of cooperation, with a focus on winning or achieving one's desired
outcome.

Collaborating,inthecontextofconflictresolutionandnegotiation,isaconflict-handlingstyleor
approachwhereindividuals orparties worktogethercooperativelytofindamutuallysatisfactory
[Link]"collaborative"or"integrative"style.

compromisingisparticularlyusefulinsituationswherefindingaquickresolutionisessential,and
[Link] from
escalating further and to move forward when reaching a comprehensive solution is not
immediately possible.

Conflict resolution: is the process of addressing and resolving disputes, disagreements, or

conflictsbetweenindividuals,groups,[Link] find a
solution that satisfies the interests of all parties involved and promotes cooperation,
understanding, and a positive outcome.

8
 Conceptual frameworkof thestudy

2 Independentvariable(IV) Dependentvariable(DV)

Negotiation Conflictresolution

Competing

Collaborating Conflict resolution

Compromising
Figure1.1Conceptualframeworkofthestudy