pcr 311 - National Open University of Nigeria

PCR 311 Philosophies and Great Personalities of Peace
examination of the dispute and attempts to define the
terms of a settlement susceptible of being accepted by
them or of according to the parties, with a view to its
settlement, such aid as they may have requested.
Similarly, Judge Mainly O. Hudson, in 1944, defined conciliation as
a process of formulating proposals of settlement after
an investigation of the facts and an effort to reconcile
opposing contentions, the parties to the dispute being
left free to accept or reject the proposals formulated.
U.S. Commission, (1981: 105) defined conciliation as “the least
structured of the four major conflict resolution techniques. Unlike a negotiator,
arbitrator, or mediator, a conciliator frequently works in pre-negotiation
situations to establish and maintain communication among disputants and, if
appropriate, to move them into more formal bargaining formats. Conciliators
may employ fact-finding and observation techniques and help disputes to be
resolved informally: in addition, conciliators play critical roles in helping
agreements to be kept, and in reconciliation, efforts that prevent future
conflicts after agreement are reached”. Akinboye, S.O. and Ottoh, F.O. (2005:
156) opined that
“Concilliation… is designed to encourage a high degree
of participation and flow of information. This is
acceptable when there is no previous commitment,
that is, when it does not infringe on the right of parties
to accept or reject any proposals. In order words, there
will be no imposition of any decision or proposal”.
3.1.6 Arbitration
According to Hamzeh, N.U.18-19; Kleiboier, (1997:9), “Arbitration is a
traditional method of peaceful dispute settlement whereby a single arbiter or a
court of arbitration arrives at a final judgement. The arbiter is an authoritative
and legitimate third party (tribunal or eminent person), superior in strength to
the parties to the dispute. The arbiter adjudicates the conflict between parties,
who are voluntarily requesting a verdict. The recommendation reached by a
(neutral) arbiter after having examined the merits of each case is considered
binding”.
In the view of international Alert, (1996:111: 53-54), Arbitration is
“When conflicting parties present their cases to a third
party, who makes a judgment of the case which
includes a decision on the rights and wrongs of the
cases presented, and how the conflict should be
settled. Arbitration may be ‘binding’ (the parties agree
in advance to accept the third party’s judgment) or
48