The use of mediation techniques in conflict resolution during election campaigns

Ivanov Oleg Director, Center of Social Conflicts Regulation 129063, Russia, Moscow, Prospekt Mira 72, office #1207 sovetmomo@mail.ru Other publications by this author

1. CONFLICT.The objective reality and the experience of recent election campaigns strongly require solving the following urgent tasks:

- to improve the electoral system as a whole;

- to increase the level of conflictological knowledge of all specialists involved in the preparation and conduct of election campaigns.

To do this, you need:- to create a base of empirical knowledge, including the results of analysis and conclusions of real conflicts in the process of conducting an election campaign;

- develop methods for forecasting, preventing and resolving conflicts during the election campaign;

- to teach the participants of election commissions the basics of conflictology: the main methods of typing, forecasting, prevention and resolution of conflicts.

A conflict is a clash of oppositely directed goals, interests, positions, opinions and views of opponents or subjects of interaction, often with a high level of emotional tension.

The conflict in the election campaign has its own specifics: the special legal status of the participants in the conflict (candidates, political parties, voters, members of the IC, observers, journalists), a high level of emotional tension of the campaign, limited time ^[1].

2. CAUSES OF CONFLICTS.All conflicts are caused by objective and subjective reasons.

Objective reasons:- lack and unfair distribution of significant material and social benefits;

- stereotypes of conflict resolution of social contradictions;

- poor development and use of regulatory procedures to resolve contradictions;

- low level of trust in the decisions and actions of the authorities;

- low cultural and educational level of the conflict participants.

Subjective reasons:- imperfection of the human psyche;

- differences in goals, values and needs;

- features of character, nervous system, level of health;

- negative expectations and biased assessment of the opponent.

The causes of conflicts during election campaigns are, as a rule, mistakes made by members of the IC; low awareness of participants in the electoral process; emotional tension; specially staged demonstrative actions in order to attract attention and disrupt the moral balance of members of the IC.

case. Elections of the head of Bashkiria. September 2019.

The precinct election commission, on the initiative of the chairman and the secretary, issued three warnings to a member of the PEC with the right to vote on grounds not provided for by the current legislation: for photographing the seal on a portable voting box, for transferring to a member of the PEC with the right to an advisory vote the data of his "counter" (which he counted the number of those who voted), as well as for that he hung his personal backpack on the back of a work chair. After the third remark, the PEC, by its decision, instructed the chairman to draw up a protocol on an administrative offense against a member of the PEC and transfer it to the police. After the intervention of the head of the HRC under the President of Russia in the situation, the situation was resolved, the warnings were canceled, the protocol was withdrawn.The illegality of the actions of the PEC and its focus on the escalation of the conflict (instead of its prevention or subsequent prompt settlement) is obvious ^[2].

3. CONFLICT MANAGEMENT AND RESOLUTION.

Conflict management is an action aimed at:

- determination and elimination of the causes of the conflict;

- limiting the number of participants in the conflict;

- correction of the behavior of the participants in the conflict;

- maintaining a level of conflict that would not go beyond the limits regulated by law.

Conflict resolution is a joint activity of its participants aimed at stopping the opposition and solving the problem that led to the collision.

Conflict resolution is the elimination of contradictions between opponents, often with the participation of a third party (mediator, mediator or with the help of a system of courts).

Mediation (from Lat. Mediare - mediate) is a form of out-of–court dispute resolution with the help of a neutral professional and impartial mediator - mediator.

Mediation is the mildest form of alternative dispute resolution. During the mediation procedure, the parties involved in the conflict independently come to a mutually beneficial solution, relying on the experience, knowledge and skills of the mediator. The resolution of the dispute depends entirely on the will of the disputants themselves.

The main difference between mediation and other methods of conflict resolution is that mediation is focused not so much on conflict (finding out who is right and who is to blame) or on winning, but on constructive search for solutions, allows the parties to the conflict to use their creative abilities, transferring disputes to a non-conflict plane and allows maintaining normal (acceptable) relations between them. participants. In addition, the agreements reached between the parties as a result of the use of mediation techniques, as a rule, are more durable and correspond to the real state of things, which not only contributes to their implementation, but also makes their implementation a mutually acceptable and natural step.

Mediation, as a procedure provided for by the legislation of the Russian Federation, cannot be applied in conflicts arising during election campaigns, but the mediation techniques that make up its essence must be known to members of election commissions and applied by them in practice. The use of these techniques is impossible without a clear understanding of the theoretical basis of the emergence, development and settlement of the conflict.

case. Voting on amendments to the Constitution. July 2020. Moscow.A conflict arose between the members of the PEC on the basis of previously personal hostile relations directly during the voting period, which threatened to escalate into a fight.

The Chairman of the PEC immediately suspended both members of the PEC from work (which is certainly illegal, but in this case it was justified from the point of view of ensuring the work of the PEC), called the police, after whose intervention the conflict was settled, the members of the PEC returned to their duties.The illegality of the actions of the PEC Chairman regarding the removal (albeit temporary) of PEC members from their functions was justified and, ultimately, allowed to resolve the conflict ^[3].

4. TYPES OF CONFLICTS.A significant part of conflicts arise in addition to the desire of its participants (so-called spontaneous conflicts).

The main cause of these conflicts is the psychological law of escalation (increase, strengthening,) of conflictogens. From the point of view of psychology, this reason can be explained by the fact that, having received a negative signal for him (a conflictogen), the victim feels discomfort and seeks to compensate for his psychological loss by responding with resentment to resentment. At the same time, he strives to ensure that the answer is not weaker, but rather even with a "margin" so that the offender does not allow himself to do this in the future. This is explained by the fact that the need to feel physically and psychologically safe, to protect one's dignity and comfort is one of the basic needs of every person. Therefore, a "vicious circle" of conflict arises.

Due to the tense situation that accompanies election campaigns, spontaneous conflicts with the participation of ICS are not uncommon, especially on election day^[4].

The law of escalation of conflictogens - a person seeks to respond to a conflictogen in his address with a stronger conflictogen, often the strongest possible one.

Conflictogens are words, actions or inaction that CAN lead to conflict.

Ways to prevent spontaneous conflicts:- not to be the source of the first conflictogen;

- track the behavior and emotions of the other party;

- do not respond with a conflictogen to the received conflictogen;

- if the exchange of conflictogens did occur, then consciously stop using conflictogens and start using benevolent messages: apologies, benevolent facial expressions, calm intonation, etc.

case. Elections in the Belgorod region. September 2020.A member of the PEC with the right of advisory vote actively demanded to give him the right to sign the seal of the safe package, but she was refused.

During the escalation of the conflict, the chairman of the PEC hit a member of the PEC with the right of advisory vote in the face (despite the fact that by that time the conflict was filmed by other members of the PEC and observers, as well as a number of voters present at the polling station). As a result, the conflict was never resolved, the victim filed a complaint about beatings with law enforcement agencies.The chairman of the PEC, despite the obvious nervousness of the situation, had to adhere as much as possible to the ways of preventing spontaneous conflicts and remember that she is an official who, for citizens, personifies the whole system of election commissions as a whole at the moment ^[5].

Natural conflicts develop from objectively existing contradictions containing the true cause of the conflict.

A natural conflict does not develop spontaneously, and may, with due reflection and awareness, be extinguished at an early stage, before an incident occurs (a confluence of circumstances that became the reason for the conflict, after which the conflict enters an open phase and requires an immediate reaction and the diversion of serious resources to solve it).

The solution of a legitimate conflict is the process of finding a mutually acceptable solution to a problem that is significant for the participants, leading to minimizing damage and reducing emotional tension.

1. In reality, in electoral conflicts, the cause may not be eliminated in principle (for example, the number of elective seats and competition for their receipt, or a high level of voter distrust of the authorities and the actions of election commissions in the process of holding election campaigns) or unavoidable at a given time (for example, the final decision on some complaints of voters or observers may be accepted only during the trial). In such a situation, special attention should be paid to paragraphs 2 and 3.

2. For the settlement of relations between the parties to conflicts, it is advisable, for example, not to form an "enemy image" in relation to opponents (candidates, members of the IC, voters or observers); to clearly know and accurately perform all electoral procedures; to admit mistakes made; to identify key figures among opponents and reduce the number of participants in the conflict; clarification of interests and concerns conflicting parties.

3. Strive to avoid, prevent incidents: various kinds of conflict-causing (for example, violations of procedures at any stage of the election campaign, to provide training to members of the IC in a timely and correct manner to resolve typical incidents that have arisen).

5. BASIC CONFLICT RESOLUTION STRATEGIES.Strategy 1. Competition (struggle, coercion).

Motto: won /lost. The goal is to win at any cost. The disadvantage of this strategy is that the losing side will be offended and outraged (even if the defeat was based on the norms of the law), which dramatically increases the continuation of the conflict in the future.

case. Election of the head of the Leningrad region. September 2019.The observer tried to get acquainted with the documents on the desk of the chairman of the PEC, but a member of the PEC with the right to vote prevented this with the help of physical force and the threat of beatings.

The police present at the station, as well as the PEC, did not officially respond to this incident.A typical example of the strategy is "competition (struggle, coercion).

It is difficult to comment on the situation from a legal point of view, since we do not know what kind of documents the observer wanted to get acquainted with and how much he had the right to demand that they be provided to him, but the fact that the PEC did not officially react to the incident in any way is incorrect, since the conflict has not been resolved and there is a danger that it will manifest itself in in the future with greater force ^[6].

Strategy 2. Evasion (avoidance, inaction).

Motto: I don't want to win. Leaving, avoiding conflict and smoothing out disagreements. Allows you to block for a while and not aggravate the conflict situation. But it does not eliminate the cause of the conflict.

Strategy 3. Concession (adaptation). Motto: let him win. At least one of the parties to the conflict is ready to give up their interests in favor of the other side. To do this, he tries not to let out signs of conflict, appealing to the need for solidarity or maintaining stability. As a result, peace and quiet may come, but the problem will remain and may even increase if the other side perceives the concessions as weakness and/or strengthens its claims.

Strategy 4. Compromise. Motto: nobody won/nobody lost. The strategy is manifested by partial consideration of the interests and points of view of both sides. It makes it possible to quickly and effectively reduce the intensity and strength of conflict actions, creates prerequisites for the settlement and resolution of the conflict. However, a compromise does not fully satisfy the interests of the parties, therefore it does not guarantee against the resumption of the conflict in the future.

Strategy 5. Cooperation (cooperation). Motto: won / won. The essence of the strategy is the recognition of differences of opinion and the willingness to accept different points of view in order to understand the causes of the conflict and find a course of action acceptable to all parties. The implementation requires readiness, interest and trust between all parties to the conflict^[7].

6. FUNDAMENTALS OF COMMUNICATION PSYCHOLOGY.Any interaction between people takes place on two basic levels: business (rational, conscious) and personal (sensory - emotional).

Issues, problems, conditions, etc. are discussed at the business meeting. On a personal level (including through non-verbal communication), the issue of trust, respect, etc. is resolved.

The success of communication, therefore, is determined by your psychological preparation (emotional state, confidence, positive attitude and focus on achieving the goal) and information preparation (knowledge, skills and competencies, a set of arguments, facts, data that may be useful for conflict resolution).

It is important to remember that a person receives no more than 20% of information through the verbal component (this is, as a rule, only the content, meaning of the spoken words). Non–verbal components have a much stronger influence - these are, in particular, the sound of the voice (intonation, tone, timbre, volume and speed of speech), visual components (appearance, facial expression, smile, gestures, posture, eye contact.

case. Elections of deputies of the Chita City Duma. April 2021.By the decision of the Municipal election commission of the city of Chita, observers were forbidden to conduct any video and photography on the PEC.

At the same time, the decision was peremptory, without any public explanations (even though it clearly does not contradict the norms of the current electoral legislation, since observers are independent subjects of the electoral process and, as such, are different from journalists due to the specifics of their status) brought to the attention of lower-level pecs, who were forced to ensure its execution. The execution of the decision caused a series of serious conflicts (which, with competent explanatory work, could well be minimized) and significantly inflamed the situation on polling day at polling stations.When making a decision ("message"), the municipal election commission did not take into account the importance of its components and did not ensure the competent submission of relevant information ^[8].

7. THE BASIC COMPONENTS OF A SUCCESSFUL IC MEMBER.

For successful management of electoral conflicts and their resolution, a member of the IC must develop the following competencies ^[9]:

8. GENERAL RECOMMENDATIONS OF BEHAVIOR IN A CONFLICT SITUATIONDo not allow the business (substantive) part of the conversation to escalate into an argument or interpersonal confrontation (relationship conflict).

Remember that a conflict during an election campaign is almost always a conflict between a functionary and another functionary.

Stick to the substantive part of the conversation, specific facts. Do not hesitate to refer to the regulations, do it within the framework of the "let's see together" setting. If it is necessary to refer to by–laws, instructions, call them abstractly - "normative legal acts". Do not give the ground for the opposition of "law" and "unknown instructions".

Do not use verbal and nonverbal conflictogens and do not respond to received ones. Remember – it is not you personally who are being insulted, but your function.

Let the visitor, colleague, opponent speak out, do not interrupt him. It is necessary to have a clean notebook or tablet with a clip and clean paper, write down important points in it. This will allow you to gain time, as well as get a basis for justifying your decisions. Actively ask again, clarify. Ask for permission to videotape your opponent (even if such permission is not required by law). If permission is not received, pause and politely state the need for recording.

Be able to admit in time what you may have been wrong about (especially if this is not a fundamental point). Sincerely apologize. Offer solutions to the problem or compensation options for the error or inconvenience caused.

Don't attack or blame the other. But in any case, try to seize the initiative in the dialogue, ask questions yourself, asking for permission or consent to certain actions, even if verbal aggression is shown against you. Treat yourself positively, know your worth so much that no one can "bring down" your self-esteem.

Control your emotions, remembering that the "master of the situation" is the one who keeps calm. Speak calmly, quietly, take your time. Take pauses, stipulate reflections. Excessive dynamics are your enemy. Promise to understand the situation, answer the accusations of slowness that you must take reasonable steps and make an informed decision to prevent violations of citizens' electoral rights. Everything you do in the presence of the parties to the conflict, you need to say out loud, explain your actions.

Have a "support group" among colleagues, friends or loved ones to get help and support in a state of stress caused by conflict. Ideally, everything you do should be recorded by colleagues ^[10].