ST.

JOSEPH COLLEGE INC, OLONGAPO  

OLONGAPO CITY

Name : Rose Ann Corpus Permit No. __________

Section: BS Criminology 4A Date. Oct. 9, 2021

TEST I. DEFINITION OF TERMS (2 points each)

1. Conflict - a serious disagreement or argument, typically a protracted one.

2. Arbitration - Arbitration is a procedure in which a dispute is submitted, by agreement of the parties,

to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the
parties opt for a private dispute resolution procedure instead of going to court.

3. Mediation - Mediation is a process wherein the parties meet with a mutually selected impartial and
neutral person who assists them in the negotiation of their differences.

4. Reconciliation - Reconciliation is the process of two people or groups in a conflict agreeing to

make amends or come to a truce.

5. Mediation-Arbitration - Mediation- arbitration is an alternative dispute resolution process (ADR),

also called family dispute resolution process, that uses mediation and arbitration to try to resolve legal
issues without going to court. It is sometimes called “med-arb”.

6. Model Law- Model laws are laws drafted centrally to be disseminated and enacted in multiple
independent legislatures.

7. Mini Trial - A mini-trial is a private, consensual process where the attorneys for each party make a
brief presentation of the case as if at a trial. The presentations are observed by a neutral advisor and
by representatives (usually high-level business executives) from each side who have authority to
settle the dispute.

8. Confidential information - Confidential information is generally defined as information disclosed to

an individual.

10. Award - to declare to be entitled, as by decision of a court of law or an arbitrator or a grant

made by a court of law, especially of damages in a civil action.

 TEST II. ENUMERATION (5points each questions)

1. What Are the Five Conflict Resolution Strategies

1. Avoiding
Someone who uses a strategy of "avoiding" mostly tries to ignore or sidestep the conflict, hoping it
will resolve itself or dissipate.
2. Accommodating
Using the strategy of "accommodating" to resolve conflict essentially involves taking steps to satisfy
the other party's concerns or demands at the expense of your own needs or desires.
3. Compromising
The strategy of "compromising" involves finding an acceptable resolution that will partly, but not
entirely, satisfy the concerns of all parties involved.
 4. Competing
Someone who uses the conflict resolution strategy of "competing" tries to satisfy their own desires at
the expense of the other parties involved.
5. Collaborating
Using "collaborating" involves finding a solution that entirely satisfies the concerns of all involved
parties.

2. What are the Five types of alternative dispute resolution?

1. Mediation
2. Arbitration
3. Neutral Evaluation
4. Settlement Conference
 
TEST III. ESSAY (5points each questions) 

1. What is Dispute Resolution?

Dispute Resolution is a comprehensive introduction to dispute resolution processes.
Negotiation, mediation, and arbitration and their applications are discussed, particularly within a
legal context.
Dispute Resolution will be of interest to those who seek to understand dispute resolution
procedures, particularly from a legal perspective. This work is divided into twelve chapters in five
parts, with three appendices. Generally, each chapter will included questions and exercises for the
reader. Part One provides an overview of dispute resolution procedures. Part Two discusses the
processes of negotiation, mediation, and arbitration in further detail. Part Three discusses the
place of dispute resolution in the justice system. Part Four explores the application of dispute
resolution procedures to family, public and international disputes. Part Five discusses dispute
systems design and implementation. Appendices present the ABA standards for lawyer mediators
in family disputes, the code of professional conduct from the Colorado Council of Mediation
Organizations, and model dispute resolution clauses.

2. What is the strongest method of alternative dispute resolution?

Arbitration is a process of dispute resolution in which a neutral third party, known as the
arbitrator, renders a decision after a hearing at which both parties in dispute have an opportunity
to be heard. Franchise counsel will more than likely become familiar with arbitration, whether or
not they ever select it for their client because, unlike other methods of dispute resolution, franchise
agreements often require binding arbitration of disputes. Courts usually enforce these arbitration
clauses, although circumstances exist in which the arbitration provision has been held
unenforceable.

3. What is the major goal of alternative dispute resolution?

The purpose of alternative dispute resolution (ADR) is to provide an internal process to
increase faculty and staff options in addressing their health science center-related disputes and to
further the voluntary resolution of problems at the earliest opportunity.

4. What is the best method of dispute resolution?

Consider the ability of the three different dispute-resolution methods to help you overcome
barriers to settlement. When parties are having trouble communicating and have a strong desire
to air their feelings, mediation is often the best choice. When more than two parties are involved,
such as other relatives in the case of a custody dispute, mediation might also be optimal, as it
allows multiple parties to be involved. However, when parties have different opinions regarding the
law affecting their case, a judge or arbitrator’s expertise ultimately may be needed.
5. How do you deal with conflict?
I usually deal with conflicts by simply balancing the situation. “Why does it start?” “What is the
best solution for this?” questions like that pops up in my mind. I always assess the situation then
calmly and wisely talk to other party to avoid more misunderstandings.

6. Why use alternative dispute resolution (ADR)?

Party autonomy. Because of its private nature, ADR affords parties the opportunity to exercise
greater control over the way their dispute is resolved than would be the case in court litigation. In
contrast to court litigation, the parties themselves may select the most appropriate decision-
makers for their dispute.

7. How do mediation and arbitration differ?

A mediator helps parties negotiate a settlement that will satisfy all the parties. A mediator does
not decide a dispute while an arbitrator functions more like a judge, deciding the outcome of a
dispute based on evidence and law presented in an arbitration. Arbitration is binding, and the
outcome can be enforced like a court order. Parties must agree to arbitrate and must sign an
arbitration agreement.

8. Can mediation and arbitration be combined?

Yes. A combination of mediation and arbitration is an amazing way to solve conflicts. This
process might be carried out with mediation followed by arbitration or vice-versa. It might so
happen that the parties can decide to go through a mediation process but later change the
process to arbitration to reach a final decision and have a binding award. There can also be
contracts that would clearly define what to do in case of a dispute. A combination of mediation and
arbitration helps parties to resolve cases in whichever way that might suit them. When the parties
face difficulties to reach a mutual understanding mediation and arbitration can help the parties to
reach a binding solution. Parties can also decide to keep the same neutral partner for both the
mediation and the arbitration process. This way it won’t cost the parties any extra amount to
resolve a dispute and they can continue to work on their case without much trouble. Deciding to
keep the same neutral partner can also benefit the parties by not having to educate the partner on
their case again. Both parties either mutually decide on which way to settling disputes or the
settlement procedure is being written in the relevant contract in case of any dispute.

9. Do you mediate family law disputes?

Yes. Mediation has turned out to be a good option when it comes to family law disputes. The
disputes which arise in a family are very crucial and they need to be taken care of with patience
and also reach a solution where both parties can benefit. It also solves the disputes faster than it
happens in court.

10. What is Republic Act No. 9285?

Declaration of Policy. - it is hereby declared the policy of the State to actively promote party
autonomy in the resolution of disputes or the freedom of the party to make their own
arrangements to resolve their disputes.
 
 
 
“GOOD LUCK”