FROM CONFLICT TO DIALOGUE

This initial phase of the conflict resolution process involves two basic steps. First, parties explore and decide individually and jointly whether to attempt to resolve their conflict by peaceful means, which in most cases means by negotiation.

On the first step, most conflicts involve justice issues of some kind. But there is enormous variation in terms of how amenable they are, and are seen to be, to peace­making. Earlier research demonstrates that justice is capable of triggering war (Welch, 1993), as well as the onset of negotiations. Justice issues linked to fundamental needs, values, rights or interests tend to be seen as exclusive (zero-sum) and non-negotiable, or at least very painful and costly to compromise upon. Whether this makes peace-making impossible or just difficult depends partly on how the conflict is approached. Basically, parties must come to regard their justice issues-their interpretation and the application of justice-as negotiable and negotiation as a desirable option. Unofficial dialogues and problem-solving workshops with people out­side government are discussed extensively in the literature as a necessary and effective means to address various deep-rooted needs, which includes justice, and prepare for formal negotiations (e.g. Kelman, 2000; Saunders, 2001). Also at play here is how far the parties need cooperation as a means to get the justice issues addressed, or need to reach an agreement at all.

The second step - deciding on how the negotiations are to be conducted - raises a whole set of different justice and fairness issues. They usually concern three matters: participating parties, agenda-setting, and forum and rules for the negotiations (Albin, 2001). Who gets a seat at the bargaining table and on what terms obviously influences what issues and interests are subsequently taken into account. A general notion of fairness is that participation should be as representative and protective as possible of all key parties and interests involved. How this principle is best operationalized in practice, however, is rarely straightforward and sometimes controversial. The increase in intra-state conflicts and global problems means that government representatives of states are no longer considered the sole actors. In the areas of human rights and the environment, for example, this has often meant complementary involvement by non­governmental organizations in a variety of ad hoc roles. Agenda-setting raises justice and fairness issues for similar reasons. Each party naturally seeks to steer this activity in a way which takes good care of its own interests. In the end, a reasonably balanced agenda usually has to be created, however, which includes and ranks issues with respect for all parties' important concerns. Finally, unless they already have an obvious home, the forum and rules for the talks need to be established. Here, fairness is often associated with a neutral forum and site (or alternation between partisan ones) and prior agreement on modes of decision-making and other rules of the game.

How prominent or controversial justice is in this preparatory stage varies widely. Some conflicts fall within areas where for one reason or another it will not be an issue: negotiations may already be ongoing and well established and accepted in form and format, or there may be widely held norms and expectations governing the justice issues. Many multilateral talks on trade, the environment and arms proliferation have become institutionalized over the decades and are of this kind. Other conflicts fall outside of established tracks and the parties will need to work out an agreement on how, over what and by whom the talks are to be conducted. In sum, for justice to have a positive effect on peace-making in this stage, any important justice issues need to be resolved and usually with considerations of representativeness and balance. Otherwise, formal negotiations may never get underway or if they do, any resulting agreement may suffer later when it comes to implementation and compliance.