Reflection within adversity ®

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Reflection within adversity is one of two ways to orient a reflection in order to resolve a conflict. It leads to develop strategies and to devise solutions within power struggles. This mode of reflection is, with the reflection within otherness, one of two issues designed by the human mind in view to resolve a conflict.

Reflection within adversity is the most widespread, most practiced, and certainly the most spontaneous, based on all expressions of fears (fright, distrust and anger...).

The use of the pronoun "You" completely differs according to the mode of reflection:

  • Within adversity, the "You" judges, imagines bad intentions from the thoughts of the other, misinterprets, condemns, rejects, blames and constrains...
  • Within otherness, the 'You' understands, supports, accompanies, facilitates and thinks...

Contents

[edit] The Mechanism of "Emotionalization"

Reflection within adversity is known and almost spontaneously used. This mode of reflection is extremely presented and visible in our languages and behaviours. It is the direct result of the fear of the other, the lack of self-confidence and dominance of emotions over reason.

  • Domination;
  • Conciliation;
  • Litigation, i.e. the recourse to a Court through a legal procedure established by laws;
  • Negotiation;
  • The implementation of a tacit or explicit rule (law, regulation, convention, contract, agreement or treaty...) that the parties had both accepted, before the litigation;
  • Duel (fight);
  • Revenge;
  • War;

This is the mechanism of "Emotionalization" (dominance of emotions over reason) of the reason.

[edit] The Possible Outcomes

Within this mode of reflection, there are three different issues of a conflict, such as they can be imagined and without reaching an expected outcome:

  • Abandon: physical distance without maintain of a relationship, suicide or escape...
  • Dissent: confrontation, war, struggle against each other, strategy of destruction of the other, or revolt...
  • Resignation: to put the conflict aside (suspension), postponing, submission...

[edit] List of the Various Modes of Reflection within Adversity

[edit] Arbitration

Arbitration in litigation cases consists to appeal to a third party outside the judicial system. The third party, which may be an individual or group, is charged by the protagonists to set up the case, hear the parties and make a decision.

[edit] Conciliation

Conciliation is the recourse, usually foreseen in the framework of a procedure, to a third party which will listen to the parties and thereafter propose a settlement to their dispute.

[edit] Med-Arb

The Med-Arb is a part of the practices that can be ranked among the intellectual illusions associated with mediation. This is a mixed approach of mediation and arbitration. If the mediation process fails -that may likely mean that the mediator has already reached his skill limits- the mediator will become an arbitrator. The med-arb is presented and sold as an optimized intervention able to increase the chances for the parties to reach on an agreement.

[edit] Reasoned Negotiation

Negotiation aims at finding an agreement. The initial principle of negotiation lies in power struggles. It is a matter for the negotiator to cleverly insert his ideas based on the interest of the party for ambition or hope. This form of negotiation can be easily applied between parties which are researching an agreement based on technical and financial aspects. The negotiation may be strained since each party defends its own interests. When there has been a conflict, it is unrealistic to seek a win-win agreement based on this approach. Indeed it would more likely be an agreement in which the parties will seek to lose the least, due to the involved losses within the conflict. It is possible to consider and search the least unsatisfactory agreement as possible or, only in the best cases, the best satisfactory agreement as possible, according to the personal consideration that each party can make of its previous losses.

[edit] Class Actions

The class actions enable consumers to initiate a collective action which may be limited to exert a power struggle aiming at the change of a policy or conduct of a manufacturer or distributor, or even the withdraw of a product or to make it change. This action may also be initiated within a legal proceeding.

[edit] Online Alternative Dispute Resolution

[edit] Financial conflicts, domain name disputes...

Since the development of Internet, online Alternative Dispute Resolution has been developed. Structures have been set up. Historically, the first disputes were about domain names (website addresses). Then the disputes of e-commerce and Internet providers have encouraged the development of new practices for conflict resolutions, showing in particular the class actions as an argument since the involved individual issues were not significant.

[edit] Online Conflicts of Community Life

With the development of community systems, including platforms for knowledge exchanges, new conflicts have arisen, involving new practices of dispute resolution. For example, the only fact that users may not use their real name, but rather pseudo or nicknames, circumvents the question of defamation. The administrators of such communities implement arbitration systems more or less sophisticated, exchanges and discussions forums aiming to resolve disagreements, sometimes strained, of the members.

By way of illustration, it is interesting to observe the setting up modalities on Wikipedia or even the recourse to mediators in disputes arising with the Wikimedia Foundation due to the privacy and verification of IP addresses: recourse to the ombudsperson check-user

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