IndexConflict in general and in the legal professionThe costs of litigation and mediationAlternative dispute resolutionRevealing the nature of the conflictFinal thoughtsReferencesAfter attending the seminar on conflict sensitivity, I wrote a thoughtful reflection essay to delve deeper into my key learnings and personal growth from an enriching experience. The topics indicated here are the insights and reflections sown by the Conflict Sensitivity Seminar and are divided into sections for a cohesive and coherent discussion. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay Conflict in general and in the legal profession Peace cannot be defined without conflict; we cannot know what peace is when there is no counteracting force moving with it. It is conflict that gives life and draws a line on how peace manifests itself. Conflict is omnipresent, as stated by our speaker, Mr. Cesar Villanueva, during our seminar. Human beings thrive in conflict; the conflict over how we deal with even the simplest things, from a small area of ​​thought about what to cook for breakfast, to the large area of ​​how we cure poverty and disease. In general, we have personal conflicts, interpersonal conflicts, social conflicts and universal conflicts. As human beings, we interact and socialize every day, this is where interpersonal conflicts arise. Some are simple disputes, or short-term problems, while others are conflicts, or deeply rooted, long-term problems. This causes disorder and even violence. To avoid this, laws are created, courts are established and lawyers are trained. Our courts and lawyers are burdened with the great responsibility of resolving disputes and, to some extent, settling differences between disputing parties. The Expenses of Litigation and Mediation As a sociable species, we are prone to disagreements among our fellow humans. The birth of our legal system has ironed out and resolved these disagreements, but it is not without consequences. The courts are clogged with cases, some of which are simple disputes that can be resolved through amicable settlements, compromises or any other out-of-court means. This clogging slows down the time in which the court can resolve a case. People have become contentious, finding a new way to threaten, harass, exert dominance, or even earn money through lawsuits. This has further created a rift in the conflict where the ability to litigate, connections in the judiciary, in short, power matters in dispute resolution. During our seminar, we have this authoritarian approach or competitive style of conflict management, which more or less mimics a typical lawsuit or litigation. This style is quick and goal-oriented, but tends to generate hostility between the parties. Another approach introduced is the collaborative style, similar to a friendly transaction. The problems here are solved in a way that provides optimal results. It may take a long time, but this builds mutual trust, builds commitments and relationships between the parties. We can observe a clear difference between these two approaches. The former handles a conflict quickly but creates tension between the parties. This could result in a longer dispute as the parties will continue to assert themselves against each other and as a result, bridges will be burned and hard feelings will be created. The latter approach handles a conflict slowly as relationships and trust are built slowly but ultimately a fruitful outcome is created; they settle downrelationships and trust, resulting in a long-term resolution between the parties. Alternative Dispute Resolution Before entering the entry field of legal profession, I had the perception that legal practice only involves sitting in court arguing between the opposing party, in front of the judge, and in any case there will always be a losing party. It's similar to Game of Thrones where you either win or die, there's no middle ground. When I encountered the term Alternative Dispute Resolution, I had no idea what it was. I asked my cousin who practices law what it is. He said that it is one of the most important topics you will have to learn because it will be useful to you in practice, I was puzzled by his statement. One of our professors also said that it is necessary to take alternative dispute resolution seriously as it is an important tool in practice, since most cases are resolved not in court but outside, resolving matters outside the court to avoid the costs of litigation. Through their words in mind, I was eager to learn what alternative dispute resolution is and how it is an important tool for a lawyer during practice. Unravel the nature of the conflict Understand how to use the dispute resolution tool. We first learned about the central topic that gives rise to every problem, conflict. Conflict, as discussed during the workshop, is a process in which two or more actors seek to pursue incompatible goals while trying to undermine the goal-seeking potential of others. Here we were familiar with the idea that conflict is not static. It has its own life cycle, it starts small; it accumulates and reaches its peak, then resolves and disappears. But it often reappears. It can be a continuum that burns relationships to the ground if not handled properly. This nature of the conflict paints a negative picture of its nature, a threat. However, this view of conflict is narrow. Conflict is not just a threat, it is also a challenge. We thought that when there is conflict, it is an opportunity to build better on existing relationships or create new ones. Conflict is not the same as violence, it can be a gift of energy where it creates new relationships. After knowing the nature of conflict, it is imperative to know the conflict in a situation and make it a gift; evoking it as a means of establishing mutual trust and relationship. In life we ​​are faced with different situations that lead to conflict. But in a sense, these conflicts are identical and can be mapped to give a better view of them. During the workshop we were taught how to analyze conflicts through different methods or lenses. These methods analyze every aspect of the conflict; the people involved, the behavior of each of them, their statements and prayers, the cause and effect of the conflict, and the history or root cause of the conflict. A conflict is similar to a story, it touches life. It is created, it escalates, it resolves, and to some extent produces another plot or problem that will be addressed and resolved. To fully understand a story, literary scholars use different types of approaches to analyze parts of the story to enrich it and see it through different perspectives. In conflict resolution, lawyers or mediators use the same type of analysis or approach to look at a certain problem or situation from another angle or perspective. We take many variables to fully understand a conflict in a given situation; some conflicts may be simple on paper but in reality it is a web of complexity that each of them must be considered in order to besolved. In a conflict we must consider the people involved as they are the prime movers of the conflict and how they interact with each other; their relationships, their approach and their attitudes. We consider their wants and needs and also determine the very root of their conflict. By laying these cards out on the table and analyzing each one, we can map and connect them. Through these, we can see their conflict in a different perspective. We may see different angles that we cannot see before and thus we can create optimal solutions for the conflict in question. After establishing the variables considered in the conflict and mapping them, the next logical step would be to resolve them. But ideally, a conflict is not resolved, we transform this conflict. By transforming the conflict we are creating a new reality for it. Contrary to the common idea that conflict is a threat. We evoke this conflict and make it a block to establish bridges between the people involved in the conflict. Instead of resolving and forgetting the conflict, the ideal is to transform it. This transformation of conflict leads to a transcendent solution that establishes relationships, this is the gift of conflict. Instead of making one party suffer a loss or settling for a compromise that the parties are forced to accept to avoid future losses, a better way is to use the transcendental approach. This approach considers not only the resolution of a conflict, but the equitable effect and harmony that the resolution brings. The goal here is not only to resolve the object of the conflict but also those involved. A typical conflict in which one wins over the other causes more resentment and indifference. Ideal as it may sound, but it is a tall order as it starts slowly as each side is forced to cooperate with each other given the prejudice at the back of their minds as they are participants in the conflict. The goal here is equity; enable others to cooperate for mutual and equitable benefit. Achieving equity does not stop the process of transcendence. This process looks beyond the conflict and resolution of the parties, it looks beyond the people around; the overall effect on society. In this approach you also juggle another variable: the people around. This supports the idea of ​​how conflict is a gift that can be evoked to create meaningful and lasting relationships. Not only between the parties involved in the conflict and the people who were involved in it, but also between the surrounding people. To illustrate simply, let's take a piece of paper. The conflict crumples the paper and some parts of it tear. In a typical approach we patch the document; glue the torn parts and simply iron the paper so that it straightens. The paper is in its original shape but traces of creasing and torn parts are still evident. In analogy, the parties somehow resolved the conflict but their relationship crumbled. However, if we transcend the paper, we straighten the paper, but this does not stop there. We take paper and turn it into something else. For example, we can use the document as part of a larger vision; a papier-mâché. The paper is part of a larger project and is part of a whole to create the final product which is papier-mâché. In analogy, the parties settle their differences and mutually agree to be part of a larger enterprise. It creates a bond not only between the parties involved, but also with the people around. From a Hegelian perspective, a conflict has a thesis and an antithesis; a conflicting idea. Through synthesis it reconciles both ideas by transcending to another level which forms a new idea that includes the previous conflicting ideas (thesis-antithesis). To put it simply, conflict is the key to unlocking.