THEORIES OF CONFLICT

DR JOHN OTI AMOAH

Theory
• Theory is defined as the tested explanations scholars and non-
scholars give to phenomenon.
• In African cosmos, theories are expressed in proverbs, idioms and
folktales (Ukoma, Egwu and Ogechukwu, 2016; Avoseh, 2013).

ASP 116 2
Structural Theory of conflict
• Explains conflict as product of the tension that arises when groups
must compete for scarce resources.
• Common theme for these theorists is that the structure of society
results in conflict
• Structuralists maintain that conflict occurs because of the exploitative
and unjust nature of human societies
• Structural conflict theorists identifies such conditions as social
exclusion, deprivation, class inequalities, injustice, political
marginalization, gender imbalances, racial segregation, economic
exploitation among others (Oakland, 2005)
• Structural conflict theory provides a clear explanation for conflict
between groups
ASP 116 3
Critique
• Structural conflict denies the possibility that individual personalities
in opposition cause conflicts
• Structural theory also ignores the influence that powerful individuals
have over the actions of the group

ASP 116 4
Marxist Theory of conflict

• Society is divided into unequal classes:

• the one is strong, rich and noble called bourgeoisie, who controls
the instrumentality of state
• the other is deprived called the proletariat.

• There is a constant struggle between the two classes

• The bourgeoisie controls the state as well as means of production.

ASP 116 5
Critique
• The limitation of Marxism is similar to that of structuralism.
• It looks at every issue of conflict from the viewpoint of dialectical
materialism alone
• Marx focused on relationships and not the individuals who have the
relations

ASP 116 6
Economic conflict theory
• Variances of economic theory of conflict-
• greedy-rebellion theory; universal grievance theory;
relative deprivation; Marxist theory of rebellion
• Economic conflict theory explains the economic nuances in
conflict causation.
• Conflicts occurs because elites make gains out of conflicts to
make profit.
• Poverty is the cause of conflicts.

ASP 116 7
Critique
• Economic conflict theory has been criticized for its tendency for
reducing all causes of conflict to economic reasons and other related
variables.
• Economic conflict theory has also been critiqued because, the theory
postulated too that most of the solutions to conflicts are located in
the central governments
• ability to protect economic resources and the provision of economic
wellbeing to citizenry

ASP 116 8
Realist theory of conflict
• The realist theory describes conflict as a product of the innate selfish
nature of human, who continues to pursue his/her own best
interests.
• This selfish nature of man leads to “competitive processes” between
actors who seek to have all or most of available scarce resources. It is
such attribute that is taken to the inter-state level
• The dominance factor in all human beings and in all international
relationships causes of conflicts

ASP 116 9
Biological Theory of conflict

• Conflicts happen in our societies because human beings are evil by

nature
• This theory explains that human nature is genetically transferred from
generation to generation
• Biological theory of conflict underlines the assumption about the
behaviour of certain people, clan or family; nation or group.

ASP 116 10
Frustration-anger-aggression
• Frustration-anger-aggression- a psychological hypothesis of conflict
that posits that it is natural for human to react to unpleasant
situations.
• Conflicts occur because of frustration as a result of non-fulfillment or
denial of the legitimate needs
• employment, freedom of worship, lack of franchise of the
individuals in the communities

ASP 116 11
Conflict Terminologies
Outline
• Conceptual issues
• Why study conflict prevention and management in Africa

ASP 116 2
Conceptual issues
• Conflict- broadly refers to a struggle or contest between individuals or
groups with opposing views, needs, ideas, demands, beliefs, values or
goals (Tonah, 2016 p.1)
• Conflict – struggle over value or claims of status, power and resources in
which the claims of the conflicting parties are not only to gain the
desired value but also to neutralise, injure or eliminate their rivals (Coser
1956)
• Conflict is an existing state of disagreement or hostility between two or
more people (Nicholson, 1992).
• Conflict is inevitable
• Conflict does not always denote war
• Conflict can be actual or perceived opposition of needs, values and
interests.

ASP 116 3
Conflict versus Dispute
• Conflict and dispute are mostly used interchangeably
• Dispute- refers to a short-term, minor and specific disagreement
between two or more parties that can be easily resolved by dealing
with specific issue at hand (see Spangler & Burgess, 2012).
• Conflict-are considered to be long-term, deep-rooted and intractable
differences that are not easily resolved (see Spangler & Burgess,
2012).

ASP 116 4
Conceptual clarification-violence versus
peace
• Violence can be define narrowly as a direct harm caused to a person’s
body or broadly to include both direct harm and range of other social
problems that have some degree of adverse consequences (Barnett,
2007)
• Peace is generally conceived as the absence of war or physical
violence, fear, conflict, anxiety, and suffering.

ASP 116 5
Institutionalised vrs unregulated conflict
• Institutionalized conflict-refers to situation where the social groups
agree on a set of rules and values that should guide individual
members and interest groups in the struggle for scarce resource
(Tonah, 2016).
• Example; competition for political office by individuals and political parties
• Unregulated conflict-there are no rules and values governing the
competition for resources, goals, values and ideas (Tonah, 2016)
• Party(ies) contest their ideas and goals using approved and unproved means.
• Unsuccessful parties mostly abandon the contest, or look for foul or fair
means to remove the victor

ASP 116 6
Conflict prevention vrs conflict management vrs
conflict resolution

• Conflict prevention and conflict management are broad terms for

methods and mechanisms used to avoid, minimize, and manage
conflicts between different parties (Russett, 1998).
• Conflict prevention- identifying situations that could result in
violence, reducing manifest tensions, preventing existing tensions
from escalating and removing sources of danger before violence
occurs (Berghof Foundation 2012, p18)
• A set of instruments used to prevent or solve disputes before they
develop into active conflicts (Clément, 1997)
• Examples; early warning, confidence
ASP 116
and security building 7
measures, preventive diplomacy, peace education, peacebuilding
Conceptual issues cont.
• Conflict management- focusing on the mitigation, and/or
containment of a conflict without necessary solving it (Tanner, 2000 ).
• Conflict resolution has traditionally referred to measures attempting
to resolve the underlying incompatibilities of a conflict, including
attempts to get the parties to mutually accept each others' existence
(Wallensteen, 2000)

ASP 116 8
Conceptual clarification: Peacekeeping,
Peacemaking and Peacebuilding
• Peacekeeping-involves the use of external force, usually by the state
security apparatus, to halt an ongoing or impending violent clash
among the conflicting parties (Tonah, 2016).
• Peacemaking- involves bringing hostile parties to an agreement
through the use of non-violent means (Tonah, 2016).
• Peacebuilding- refers to the procession towards ‘positive peace’
following the end of war. It involves the structural transformation of
the conflict’s root causes in the political, social and economic sphere
(Ghali, 1995)

ASP 116 9
Why study conflict prevention and
management in Africa?
• Ramifications of conflict affect every aspect of the society
• Ranging micro to macro levels
• Spill over to neighboring countries
• Africa has earned a negative niche as the region of civil war
(Abdulrahman & Tar, 2008)

ASP 116 10
Positive Consequence of Conflict
• A sharpened sense of identity and solidarity
• Reconciliation of the interests of the conflicting parties
• Internal change
• Increased productivity and results
• Identify new members

ASP 116 11
Negative Consequence of conflict
• Decrease in productivity
• Distraction from primary purpose
• Minor differences can escalate in major conflict resulting in loss to the
whole system
• Specifics can give way to general concerns which may cause the
person to be confused with the issue at stake.

ASP 116 12
Types and Forms of Conflicts
DR JOHN OTI AMOAH
Types of Conflicts
• Intra-personal conflict - contention in an individual shaped by the state of mind.
• Largely dictated by circumstances around a person.
• Situations such as anger, depression, confusion, and frustration could lead to
aggression, erratic behaviour, addiction and, in extreme cases, suicide (Ross,
1993).
• This kind of conflict has been described as “man against self” (Lamb, 2008), in
which man continues to contend or battle with his mind and habits.
• When an intrapersonal conflict occurs, there is often a tendency to think about
the issue as a problem, with the need to resolve the internal struggle in some way
rather than viewing the internal conflict as a polarity or paradox (Wallach, 2004)
• The emotions that emerge during this time can become self-
detrimental and may result in lashing out at the people around us
(Rifkind & Picco, 2014).
• How an individual handles an internal conflict is essential for conflict
management (Hocker & Wilmot, 2014).
• Inter-personal conflict
• This type of conflict may be direct opposition or a more subtle conflict
between the desires of two or more persons (Nikolajeva, 2005).

• This has been described as “man against man” in the micro sense.

• Family and gender conflict. Some of the most destructive

interpersonal conflicts occur within families between genders
(husband and wife) and between parents and children.
• Inter-group conflict -This refers to the kind of disagreement or feud that takes
place between two or more sectarian or religious groups, ethnic groups,
communities, or interest groups.
• That is conflict between groups that differ in ethnicity, race, religion, gender,
sexual orientation
• The contention between Christians and Moslems in Nigeria is a classic example of
inter-faith conflict.
• Bawku conflict has to do with the Mamprussi (centralised state) control over chieftaincy in
Bawku – the major town of the Kusasis (acephalous society).
• The ethnic conflicts between Nanumba-Kokomba, Nkonya-Alavanyo, Konkomba versus Gonja,
Dagomba, Nanumba; Gonja versus Vagla etc wars as well as violent chieftaincy conflicts in
Dagbon, Winneba and Gushiegu are examples. Economic violence (settler farmers versus
host communities, pastoralists versus farmers), political violence and cultural violence
• Moral conflict. Conflict over basic values (for example, “pro-choice” versus “pro-
life”), which are often experienced as moral conflict, are often difficult to resolve.
Intra-State conflict -This type of conflict is confined within the borders of a
sovereign state. Economic factors such as land, uneven development, and resource
control could cause conflict within a state.
Inter-State conflict -This type of conflict, also known as international conflict, is a
conflict between two or more states. In some cases, it degenerates into a state of
war.
Global conflict
• This should not be mistaken for inter-state conflict, although it also connotes
international conflict. This kind of international conflict, however, transcends the
type that involves two or more sovereign states.
• However, it is instructive to note that a conflict between two or more states could
become a full-blown global conflict.
• The Serbia-Austrian conflict of 1914 resulted in the First World War,
and the German-British conflict of 1939 culminated in the Second
World War.
• Intractable conflicts- Difficult, long-standing conflicts occur at all
levels—interpersonal, intergroup, and international.
Forms of Conflict
•Protest
•Revolt
•Insurgency
•Mutiny
Protest
• Protest refers to an organised (mass) expression of dissatisfaction
demonstration against a government, an action, or an unpopular
policy/decision.
• Protest may take the form of strikes, rallies, organised walks or
parades,
• Protest may be either peaceful or violent.
Mutiny
• Mutiny, a term commonly used in the context of security forces, is an
uprising against its high command or the Commander-in-Chief.
• It involves subordinates or junior officers rebelling against their
superiors within their own organization or chain of command.
• It is typically aimed at dismantling the established order and can
potentially lead to the government's ousting.
• Coup d’état: Involves a small group, often military leaders, politicians,
or elites, overthrowing the entire government or head of state.
Revolt
• Revolt refers to a relatively spontaneous act of rebellion or popular uprising
by a group of people against established order authority such as a
government, regime, or ruling power.
• It normally involves public demonstrations, riots, or acts of civil
disobedience.
• Sometimes, a revolt may fester and culminate in revolution, which is
described as the total sweeping off or changing of a status quo through a
sustained and popular movement.
• A revolution is broader in scope. It typically involves large segments of the
population and aims to bring about fundamental changes to the political, economic,
or social system.
• It normally affects entire nations or regions
• Revolts are often sudden and driven by a particular grievance, such as
economic hardship, political repression, or social inequality.
Revolt
• They can be short-lived and may not involve organised
military tactics.
• The main goal of a revolt is often to express dissatisfaction or
attempt to overthrow an existing authority or force a change,
however, its actors may lack a clear or organised long-term
strategy for governing after the revolt.
• Example: Mau Mau Uprising (1952–1960) in Kenya. Mau
Mau revolt was a violent rebellion by the Kikuyu people and
other ethnic groups in Kenya against British colonial rule.
• The revolt was fueled by grievances over land ownership
and British exploitation.
Insurgency
• Insurgency refers to a prolonged, organized rebellion uprising against
the state or recognised authority (usually a government) by non-state
actors.
• It could be led by a religious, ethnic or sectional group.
• Insurgents often use irregular warfare, guerrilla tactics (e.g. ambush,
hit and run), or sabotage to weaken the authority they oppose.
• Insurgencies tend to be more organised, structured and strategic than
revolts.
• It may involve small, sustained military actions, long-term campaigns,
and
Insurgency
• Insurgents normally operate with underground component s or
clandestine (i.e., secret, hidden, or conducted in a way to avoid
detection by others)
• Primary goal is to challenge and undermine the control of the state.
• While insurgencies may also seek to overthrow a government, they
usually have broader political objectives, such as establishing a new
government or securing autonomy for a region.
• Example: The Boko Haram Insurgency (Nigeria, Chad, Niger, and
Cameroon)
• Boko Haram is an Islamist militant group that originated in northeastern
Nigeria. Its goal was to establish an Islamic state in Nigeria
Nature of Conflict
• Vertical conflict occurs in groups of different hierarchical levels such
as diploma nurses and degree nurses
• Horizontal Conflict occurs between individuals or groups of the same
level such as managers/HoDs in the same facility.
Thank you
Stages of Conflict
Dr John Oti Amoah
Source: Brahm, 2003
ASP 116 2
Stages of Conflict
• Latent conflict- when individuals, groups, organisations, or nations
have differences but the conflict may not become apparent until a
"triggering event"
• Emergence/beginning stage: when the conflict becomes obvious to
the parties. Emergence may be followed quickly by conflict resolution,
or it may escalate.

ASP 116 3
Escalation stage
Pruitt and Rubin (2003)-Characteristics of escalation stage
• Increase in the contentious tactics (threats, punishments, and
preemptive actions) used by the parties
• Increase in the number issues
• Issues are transformed from specific to general
• Aim of conflict parties changes from achieving initial reasons fro the
conflict into a situation where they would want to defeat the other
party
• Conflict participants and/or affected persons increase in number

ASP 116 4
Hurting (Stalemate)
• A situation where neither party can win or will escalate the conflict
further
• If the pain of continuing the conflict exceeds that of maintaining the
confrontation, the parties are in what Zartman calls a hurting
stalemate

ASP 116 5
• Conflict de-escalation: is often associated with reduced grievances, at
least for members of one side of the conflict.
• Conflict Settlement: when an agreement is reached
• Peacebuilding- efforts to restore damaged relations with the long-
term goal of reconciling former conflicting parties.

ASP 116 6
Conclusions
• Conflict wave model and other typologies explaining the stages of
conflict are idealised

ASP 116 7
Mediation
Introduction
• Mediation it is generally known as “neutral” third-party assistance in
reaching settlement.
• Mediation is a process whereby a neutral third party, acceptable to all
disputants, facilitates communication that enables parties to reach a
negotiated settlement.
• A negotiation process can be modified or extended by the involvement
of a third party.
• The participation of a mediator in negotiation creates dynamics which
are different from negotiation.
• An intermediary intervention in the negotiation process is not
supposed to be authoritative
• Mediators do not make rulings or Mediation
impose an agreement. 2
Introduction cont.
• Mediation can be characterized as “a form of assisted negotiation” or
at least is seen as “a catalyst for negotiation” (Touval and Zartman,
2001, p. 442).
• Consent to a mediation process is voluntary and the disputants make
final decisions on the issue.
• Mediation has been growingly utilized to end civil wars (e.g., Burundi,
Sudan)

Mediation 3
Attributes of mediation
• The key function of a mediator is the creation of an atmosphere
conducive for negotiation
• facilitation of communication that leads to loosening tensions.
• strategic adoption of skills to keep the communication
flow balanced, fair, and productive (McCorkle and Reese, 2005).
• Parties are allowed to express their concerns and feelings directly or
indirectly at meetings.
• Mediators should pay attention to both hidden and overt issues
• Be aware of how a negotiation process is affected by power and
values.

Mediation 4
Attributes of mediation cont.
• An impartial third party has no authoritative decision-making power.
• Mediation is not an institutionalized process (like arbitration or other
forms of adjudication), as such, formal rules or standard procedures
do not exist.

Mediation 5
Attributes of mediation cont.
• In order to reach an agreement, intermediary activities may
generally
• entail defining the areas of contention,
• making recommendations,
• and formulating mutually acceptable solutions,
• while endeavoring to open new possibilities.

Mediation 6
Qualities of intermediaries

• A mediator should have communication skills

• Competence to manage adversarial relationships in order to reach an
agreement.
• Credibility-being trusted and respected
• Empathy - related to both the feelings and ideas of the parties.

Mediation 7
Thank you!

Mediation 8
Gender and Formal/informal
Peace Processes
Outline
• Introduction
• Formal peace processes
• Informal peace processes

9/29/24 ASP116 2
Introduction
• Women play many roles in warfare. They can be
• combatants—fighting in recognized military institutions (such as
regular armies) and with nonstate military actors (such as guerrilla
forces)—
• and/or work as cooks, porters, administrators, spies, partners, and
sex slaves.
• Women also support conflict as civilians, for example,
• by broadcasting hate speech and instilling hatred of enemy groups
in new generations

9/29/24 ASP116 3
Introduction cont.
• Women and men can be as effective in promoting peace as in
promoting war and conflict
• Most political institutions societies tend to perpetuate an
exclusionary attitude and culture toward women.
• Women are more likely to put gender issues on the agenda,
introduce other conflict experiences, and set different priorities
for peace building

9/29/24 ASP116 4
Formal Peace Processes
• As defined by the UN, formal peace processes include early warning,
preventive diplomacy, conflict prevention, peacemaking, peace-
building, and global disarmament; they involve activities such as
conflict resolution, peace negotiations, reconciliation, infrastructure
reconstruction, and provision of humanitarian aid (adapted from
Porter 2003).

9/29/24 ASP116 5
How to incorporate gender equality into
peace accords, policy options
• Organising training and information-sharing events for politicians
already in office or those involved in the peace talks;
• Developing wider processes of political consultation or
representation, for example, with women’s organizations;
• Increasing the number of female politicians by training women
to run for political office, from the village to the parliamentary
level;
• Fostering discussion within public and political bodies about
women’s involvement;

9/29/24 ASP116 6
How to incorporate gender equality into
peace accords, policy options cont.
• Setting legislative or party quotas to ensure a minimum number
of female candidates; and
• Establishing indicators to assess the influence of female and male
politicians on political outcomes and the political culture and
process.

9/29/24 ASP116 7
Gender issues that could be incorporated in
peace accords include:
• Human rights provisions in new constitutions, equal participation in
elections, participation of women and men in decisionmaking, laws
against GBV, prosecution of GBV perpetrators,
• Special measures to set up gender-sensitive police forces and other
key institutions, and greater gender balance in inheritance rights and
access to land, property, housing, and credit (UN 2002).
• Ideally, such issues will not be addressed exclusively in the peace
accords, but they will also be elaborated in the political and legal
processes that result from the peace accords

9/29/24 ASP116 8
Gender and Informal Peace Processes
• Women than men tend to become active in informal processes
• Informal peace activities often provide a space for women to enter
public and political arenas and to become organized,
• often informally, but also by a more structured approach through CSOs.
• Many individual women and women’s CSOs in conflict have assumed
the roles and tasks of public institutions, undertaken all forms of relief
work,
• channeled international assistance to recipients,
• lobbied to incorporate rights and specific provisions in peace
accords,
• and encouraged women to participate in elections.
9/29/24 ASP116 9
Policy options include:
• Strengthening the capacity of individual women and women’s CSOs to
bridge the gap between informal and formal peace processes;
• Encouraging and training men and women in informal peace
processes to make the shift toward formal processes;
• Involving individual women and women’s CSOs actively in postconflict
rehabilitation and reconstruction.
• Community-driven reconstruction approaches can provide a unique
opportunity to engage local women and men in helping to bridge the
divide between crisis and development.
• International agencies can also assist in restructuring,
professionalizing, and providing longer-term support to women’s
CSOs.
9/29/24 ASP116 10
 THANK YOU

9/29/24 ASP116 11
Conflict Resolution
Introduction
• The manner of our societies’ response to conflict has broad
implications for human wellbeing and social change.
• Conflict resolution has traditionally referred to measures
attempting to resolve the underlying incompatibilities of a
conflict, including attempts to get the parties to mutually
accept each others' existence (Wallensteen, 2000)
• One of the primary tasks of conflict resolution is to avert the
recurrence of destructive conflict

ASP116 2
Structural issues in conflict resolution
• In a long-lasting conflict, it is not always clear how to predict when
resolution can be achieved
• Perceptions of a desirable outcome at an acceptable cost differ among
parties according to the nature of their goals and issues.
• In general, “any initial agreement on different aspects of problems which
have arisen from a broad conflict relationship is most likely to be partial”
(Jeong, 1999, p. 15).
• An agreed settlement may not be favored any more if the changing
circumstances controlled by either party demand renegotiation.
• In post-conflict transitions in Mozambique, rebel leadership often
refused to proceed to full disarmament and demobilization of their
fighters as scheduled when there was a delay in electoral reform.

ASP116 3
Negotiation

• Negotiation can be defined as a process to resolve differences in goals

that arise from dissimilar interests and perspectives.
• In probing to unearth underlying concerns, negotiators share their
views in order to establish the areas of common ground and
agreement.
• Negotiation is feasible because parties have not only divergent but
also shared interests.

ASP116 4
Negotiation cont.

• Parties to negotiation have different goals and relationships with each

other.
• The purpose for negotiating is to achieve something by changing the
status quo. “If both parties are satisfied with the way things are, there
is nothing for them to negotiate about”
(Kheel, 2001, p. 14).

ASP116 5
Negotiating relationships
• The patterns of bargaining interaction depend on the extent to which
each party is willing to cooperate.
• The existence of respect and trust facilitates willingness to listen,
disclose information, and commitment to a win–win outcome.
• Sound communication relies on the ability to listen and sort out the
relevance and significance of factual information.
• Building an effective communicative relationship comes from
sensitivity to other people and recognition of their needs.
• A lack of credibility from past behavior creates mistrust in the content
of an adversary’s presentation.

ASP116 6
Negotiation process
• The whole scope of negotiating activities is to prepare,
discuss, clarify, propose, bargain, compromise, and reach
agreement.
• Pre-negotiation focuses on decisions on what will be on and
off the table, venue, time, and structure of the meeting
space (Stein, 1989).
• Proposal stage: consist of information sharing, clarification of
issues, and a trade-off of concessions.
• Identification of common interests and exploration of mutual
gains.

ASP116 7
Negotiation process cont.
• The clarification of goals precedes the examination of all
possible alternatives.
• The advantages and disadvantages of multiple proposals
need to be balanced to choose the best possible option.
• Negotiators check credibility and acceptability by conferring
with someone else either in a higher position of authority or
with the capacity to provide advice before making a final
deal.

ASP116 8
• Variations in the negotiation outcomes between win–win and win–lose
poles. High-quality agreement can be judged in terms of maximum
joint gains both sides feel satisfied about
• Mixed outcomes are common; each party wins some issues, but makes
concessions on other issues.

ASP116 9
THANK YOU

ASP116 10
Arbitration: An Alternative
Dispute Resolution
Mechanism
 Objective
ØIntroduction to Arbitration
ØTypes of Arbitration
ØKey Features of Arbitration
ØRole of Arbitrators
ØAdvantages of Arbitration
ØDisadvantages of Arbitration

Arthur (2024) 2
 Introduction
ØArbitration is a method of dispute resolution where parties in a conflict agree to submit their disputes
to one or more arbitrators.

ØThese arbitrators are neutral third parties who review the evidence, hear arguments, and make a
binding decision, known as an arbitral award.

ØVoluntary Agreement: both parties must agree to resolve their dispute through arbitration.

ØBinding Decision: The arbitrators’ decision (award) is final and enforceable, similar to a court
judgment.

ØNeutral Arbitrators: Arbitrators are selected based on their expertise and neutrality to ensure a fair
resolution.

Arthur (2024) 3
 Purpose/Aim of Arbitration
The primary purpose of arbitration is to provide an alternative to traditional litigation that is:

ØPrivate: Unlike court cases, arbitration proceedings are typically confidential, protecting
the parties’ privacy and sensitive information.

ØEfficient: Arbitration can be faster than court litigation because it avoids the often lengthy
court processes and formalities.

ØFlexible: Parties have the freedom to choose their arbitrators, set their own procedural
rules, and determine the timetable, making the process more adaptable to their needs.

ØCost-Effective: While not always cheaper, arbitration can reduce costs by shortening the
dispute resolution time and reducing legal fees and court cost
Arthur (2024) 4
 Types of Arbitration
ØCommercial Arbitration: Used to resolve disputes between businesses or within commercial contracts.
Examples is disputes over breach of contract, partnership disagreements, or issues related to
transactions of goods and services. For instance, a disagreement between a Ghanaian company and an
international supplier regarding the quality of goods delivered.

ØConsumer Arbitration: Involves disputes between consumers and businesses, typically regarding the
purchase of goods or services. Disputes over defective products, service agreements, or warranty
claims, such as a consumer filing a complaint against a local electronics store for a faulty appliance.

ØLabor Arbitration: Used to resolve disputes between employers and employees or between labour
unions and employers. Disputes related to wages, working conditions, or wrongful termination. For
example, resolving a conflict between a labour union and a mining company regarding safety
conditions.
Arthur (2024) 5
 Types of Arbitration Cont’d…
ØLabor Arbitration: Involves parties from different countries and is often used in international
trade and investment disputes. Disputes arising from international contracts, cross-border
transactions, or foreign investments. For instance, a Ghanaian government contract dispute
with an international construction firm.

ØAd Hoc Arbitration: Conducted independently by the parties without the involvement of an
arbitration institution. It is a custom-tailored arbitration process for specific disputes, such as a
private land dispute between local developers, resolved without institutional involvement.

ØInstitutional Arbitration: It is administered by an established arbitration institution that

provides procedural rules and administrative support, such as the Ghana Arbitration Centre
(GAC) and the Ghana Association of Certified Mediators and Arbitrators (GHACMA).
Arthur (2024) 6
 Features of Arbitration
ØVoluntary: Arbitration is a consensual process where both parties agree to submit their
dispute to arbitration.

ØBinding: The arbitrator’s decision, known as an award, is final and legally binding on the
parties involved.

ØConfidential: Arbitration proceedings and the resulting awards are kept private and
confidential, protecting sensitive information.

ØNeutral: Arbitrators are impartial and independent, ensuring a fair and unbiased resolution of
disputes.

ØFlexible: Parties have the flexibility to design arbitration procedures that best suit their needs,
including selecting arbitrators, setting timelines, and determining applicable rules
Arthur (2024) 7
 Role of Arbitrators

ØSelection: Chosen by parties or appointed by institutions.

ØQualifications: Must be neutral, independent, and possess relevant expertise.

ØDuties: Ensure fair proceedings, determine facts and law, and issue binding awards.

ØEthical Standards: Adhere to ethical guidelines to maintain impartiality and integrity.

Arthur (2024) 8
 Advantages of Arbitration
ØSpeed: Typically faster than litigation.

ØCost: Often less expensive than court proceedings.

ØFlexibility: Customizable procedures.

ØExpertise: Parties can choose arbitrators with specific expertise.

ØConfidentiality: Private process protects sensitive information

Arthur (2024) 9
 Disadvantages of Arbitration
ØCost: This can be expensive, especially with multiple arbitrators.

ØLimited Appeal: Restricted grounds for challenging awards.

ØEnforcement: Difficulties in some jurisdictions.

ØComplexity: Can be complex and formal, similar to litigation.

ØPower Imbalance: This may disadvantage weaker parties.

Arthur (2024) 10
THANK YOU

Arthur (2024) 11