CONFLICT RESOLUTION: Ways to end a controversy.

Conflict is a situation in which two or more people with different interests come into confrontation, with the aim of harming, eliminating the rival party or taking power of some kind in favor of the person or group themselves. Conflicts are neither more nor less than the mechanism that life has to evolve and despite how difficult it may be to resolve, it is an opportunity to develop ourselves as people

Getting involved in conflicts may happen from time to time, but knowing how to handle them can be difficult, which is why it is so important to have solid conflict resolution skills. Nowadays, it is one of the most valued skills in the work and personal sphere and the way in which a conflict with a third party is handled can make or break the relationship with that person. When faced with conflict in a professional environment, it is even more important to handle it correctly to ensure a positive and safe work environment.

The origins of the study of conflict resolution date back to the 1930s, when the Russian-born professor, Pitirim Aleksándrovich Sorokin, specialized in sociology and criminology, founded the Department of Sociology at Harvard University, and studied the wars of the last centuries. The great military conflicts of the 20th century, such as the Second World War, reinforced the idea that conflicts deserve greater understanding and addressing through different mechanisms, such as negotiation, conciliation and arbitration, rather than sanction or punishment or simple persuasion. This turned sociology, anthropology, economics and politics into gateways to the study of conflict, and thus different possible theories and procedures were born to prevent a conflict from becoming a major problem.

In general, conflicts are an inevitable part of human life, and their materialization is, as the ancient Greek philosopher Heraclitus (c. 540-c. 480 BC) stated; “conflict is the promoter of change and at the same time is a consequence of it”; and although they cannot be avoided, it is possible to minimize their consequences and turn them into a positive force. However, throughout history different cultural and social traditions understood conflict as a negative aspect of existence, which requires rapid neutralization, to risk of causing social or individual disorders, which is why the ability to resolve conflicts is essential in daily life, since it improves personal and professional relationships, reduces stress, promotes personal growth and, finally, prevents the wear and tear of your parties in judicial proceedings.

In legal practice, not knowing how to resolve a conflict in the legal field can have serious consequences that, in certain cases, can escalate to become a criminal process, which involves the worst-case scenario for those involved; however, conflicts They have outcomes that involve all areas of law (labor, commercial, civil, family, among others...) and each of them also provides in its procedure for mechanisms for its resolution.

In the context of Bolivian law, conflict resolution is governed by several principles and procedures established in different codes and regulations, which provide a mechanism for each of its matters according to the fact, among them, access to justice, proclaimed in the Political Constitution of the State of Bolivia as a fundamental right that implements access to justice and that implies that all citizens have the right to seek resolution of their conflicts through available legal mechanisms and due process. Within the modalities of conflict resolution existing in our legal system, we can point out the judicial and extrajudicial ones:

A) Extrajudicial:

• Mediation and Conciliation: Conciliation and Arbitration Law (Law No. 708): This law establishes mediation and conciliation as alternative methods of conflict resolution. It promotes the peaceful and voluntary resolution of disputes, allowing the parties to reach an agreement with the help of a mediator in the interpretation of contractual or extra-contractual relationships, through its Conciliation and Arbitration Centers such as CAINCO.

B) Judicial, the most common being:

• Civil Law: This branch of law establishes procedures for the resolution of civil -commercial conflicts through the judicial system, including aspects on the presentation of claims, the response of the parties and the actions of the judge and that, before their formal start, provides conciliation as a mechanism for its resolution, including the conciliator within its legal regulations, Law No. 439 – Civil Procedure Code, as an independent authority that knows the conflict before its formal establishment before the ordinary civil means.

• Criminal Law: Establishes the rules for the treatment of criminal conflicts, from the investigation phase to the oral and public trial and even before the sentence is handed down. The institute of conflict resolution, better known as conciliation, is initially promoted by the Public Ministry in accordance with the provisions of Law No. 260 – Organic Law of the Public Ministry, which in paragraph 2) of article 5 of Law No. 260, establishes as a guiding principle that in the work carried out by the Public Ministry, the solution to the conflict must be prioritized; similar criterion in article 64 of the same Law No. 260, which establishes that the Public Prosecutor's Office must ex officio promote conciliation in crimes of patrimonial content and where there is little impact on the protected legal good.

  Likewise, the judge and Public Ministry in the Code of Criminal Procedure – Law 1970 and its modifications, must promote conciliation as mechanisms for the resolution of conflicts, under the following legal precepts: Paragraph III of article 326 and paragraph 1) of the Article 327 of the Code of Criminal Procedure, which establishes that conciliation must be promoted on a mandatory basis and under the responsibility of the Public Ministry.

• Family Law: Law No. 603 of the Family Law and Family Procedure: Includes provisions on conciliation, to resolve conflicts related to parental authority, custody and other family matters, including divorce.

• Labor Law: The General Labor Law, its procedure and modifications through the different supreme decrees, establishes mechanisms for the resolution of labor conflicts, promoting dialogue and negotiation between employers and workers through conciliations carried out before the Ministry of Labor – Departmental Labor Headquarters.

The inability to resolve conflicts in the legal field can have serious and long-lasting consequences, therefore, it is crucial that the parties involved seek effective and alternative methods for conflict resolution, such as mediation, dialogue and negotiation, preventing tensions from escalating to judicial levels, which could have important repercussions on their lives and society in general.

For its part, within the most common modalities of conflict resolution, regulated by uses and customs, emerging from the evolution and interaction of human beings, we find negotiation, as an alternative method, which includes the legal field. without being regulated, properly speaking. Generally speaking, it constitutes an essential tool for ending a dispute, as it offers the parties the opportunity to reach beneficial agreements, preserve relationships and avoid the wear and tear of litigation, by focusing on positive communication and the search for mutually satisfactory solutions, as well as a result of its effectiveness in resolving disputes worldwide and generally. In short, negotiation is a dynamic and multifaceted process that requires communication, empathy and strategy skills, and mastering it can improve not only outcomes in various situations, but also interpersonal relationships and conflict resolution.

Another of the modalities implemented by the uses and customs of human beings in an effort to seek solutions to interpersonal relationships, we have mediation, defined as the process in which a neutral third party, known as a mediator, helps the parties in conflict to communicate and find a mutually acceptable solution. The mediator does not make decisions or impose solutions; Its role is to facilitate dialogue and negotiation. A mediator helps you discuss your concerns and reach a new agreement that satisfies both parties.

In conclusion, conflict resolution is an art and science that, when executed skillfully, can transform tensions into opportunities for growth. Through active listening, assertive communication, and an empathetic approach, you can build bridges instead of walls, turning disagreements into enriching dialogues. We must remember that every conflict brings with it the seed of a solution, and by approaching these challenges with an open and collaborative mindset, you not only help resolve differences, but also strengthen relationships and foster an environment of respect and understanding. So, the next time a conflict arises, we must face it as a challenge and opportunity to avoid judicial litigation and enrich our interpersonal and work relationships, among many others.

The key to success is how we choose to resolve conflict!

Sergio Díaz Gutiérrez – Managing Partner
Litigation and Corporate Lawyer