KRIS SAQUILAYAN

LGM2A
ADR- LONG EXAMINATION

1. Q: Present a specific case in which a resolution was taken presented. Take the steps of the
mediation process.

A: The conflict between Mrs. Reyes and Mr. Santos was due to a dispute over parking in front of
Mrs. Reyes' house. Mr. Santos claimed that the street was public property and he had the right to
park wherever he wanted, while Mrs. Reyes found it inconvenient as it blocked her driveway. The
matter was taken to the barangay hall for resolution, and the barangay chairman mediated a
discussion between both parties. The chairman proposed a compromise solution, where Mr.
Santos would park on the other side of the street, and in return, Mrs. Reyes would allow him to
park in front of her house on weekends and holidays. Both parties agreed to the compromise and
signed a formal agreement. The resolution allowed both parties to move forward without further
conflict.

2. Q: How can this conflict be resolved when such operation is already in the pipeline? Apply
the kind of conflict illustrated by such predicament.

A: A mediator or a neutral third-party can be brought in to facilitate the discussion and help both
parties understand each other's perspectives. It is also important to acknowledge the concerns and
fears of both groups and address them in a respectful manner. One way to address the conflict is
to provide education and information to both groups about the benefits and drawbacks of the
Kaliwa Dam project. This can help the group that is rejecting the proposal to better understand
why the other group has accepted it, and vice versa. It is also important to find common ground
between the two factions. Both groups share a common goal of protecting their ancestral land and
cultural heritage, and this can be a starting point for resolving the conflict. Finding a solution that
benefits both parties is crucial, and compromises may need to be made to reach an agreement.

Overall, resolving this conflict will require patience, understanding, and a willingness to
listen to each other. With effective communication and collaboration, it is possible to find a
solution that is acceptable to both groups and preserves the cultural and environmental heritage of
the Dumagats.

3. Q: Present the differences of conciliation, mediation or arbitration in scope

- A: Conciliation, mediation, and arbitration are alternative dispute resolution processes

that aim to resolve disputes outside of traditional court proceedings. While they share
some similarities, they differ in terms of their functions and scopes of work.

Conciliation is a process where a neutral third party, known as a conciliator, helps the
parties in dispute to reach an agreement. The conciliator identifies the issues in dispute,
facilitates communication between the parties, and helps them find a mutually acceptable
solution. The conciliator has no authority to impose a solution, and the parties are not
 bound to accept any proposed resolution. Mediation is a process where a neutral third
party, known as a mediator, assists the parties in dispute to reach a voluntary and
mutually acceptable solution. Like a conciliator, a mediator facilitates communication
between the parties and helps them identify the issues in dispute. However, unlike a
conciliator, a mediator can propose solutions to the parties, although the parties are not
bound to accept them. Mediation is often used in cases where the parties have a
continuing relationship that they wish to preserve, such as in family disputes or
employment disputes. Arbitration is a process where a neutral third party, known as an
arbitrator, hears evidence from the parties and makes a binding decision. The parties
agree to submit their dispute to the arbitrator, who has the authority to impose a solution.
The decision of the arbitrator is final and binding, and can only be appealed on very
limited grounds. Arbitration is often used in commercial disputes where the parties wish
to avoid the time and expense of traditional court proceedings.

In summary, conciliation and mediation are non-binding processes where a neutral third
party helps the parties in dispute to reach a voluntary and mutually acceptable solution.
Arbitration, on the other hand, is a binding process where a neutral third party makes a
decision that is final and binding on the parties.

4. Present the process using an example in the Barangay level.as to to the process.

A: Step 1: Identify the dispute - The Barangay official in charge of dispute resolution
would identify the dispute between the parties. For example, there may be a disagreement
between two neighbors over a property line or a right-of-way.

Step 2: Summon all parties involved - The Barangay official would summon all parties
involved to a meeting to discuss the dispute. This would ensure that everyone has the
opportunity to present their side of the story and to hear the other party's perspective.

Step 3: Suspension of the plea of one party - If one party is particularly emotional or
upset, the Barangay official may suspend their plea temporarily to allow everyone to
proceed with the hearing in an orderly manner. This would help to ensure that the
proceedings are conducted fairly and efficiently.

Step 4: Hearing exchange evaluation proceeding summary - During the hearing, both
parties would be allowed to present their arguments and evidence. The Barangay official
would evaluate the evidence presented and ask clarifying questions if necessary. After the
hearing, the Barangay official would summarize the key points of the proceeding and
make a decision about how to resolve the dispute.

Step 5: Disqualification (if applicable) - If the Barangay official has a personal or

professional relationship with one of the parties involved in the dispute, they may be
disqualified from making a decision in the case. In this case, another Barangay official
would be appointed to take over the dispute resolution process.
 Step 6: The form of settlement must be in writing form (settlement if both parties agree) -
If the parties involved agree to a settlement, it must be put in writing to ensure that all
parties understand and agree to the terms. This would help to avoid any
misunderstandings or disputes in the future. The written settlement would be signed by
both parties and the Barangay official, and a copy would be kept on file for future
reference.

Overall, these steps help to ensure that the dispute resolution process is conducted fairly,
and that all parties involved have the opportunity to present their case and have their
voices heard.

5. Q; How can you bring about peaceful settlement to this dispute?

- A: The dispute over the South China Sea is a complex issue that involves multiple
countries and interests. To bring about a peaceful settlement, one potential solution is
diplomatic negotiations among the involved parties, facilitated by a neutral third-party
mediator. This could lead to confidence-building measures, such as joint development
projects and cooperation in marine environmental protection.

International law and arbitration could also play a role in resolving the dispute. The
involved parties could seek the guidance of the International Court of Justice or other
international bodies to provide guidance on the interpretation and application of
international law. It is important for all parties to prioritize their long-term interests over
short-term gains and recognize that a peaceful resolution will benefit everyone involved.
A commitment to dialogue and cooperation is essential to achieve a lasting resolution.
The ASEAN and other international organizations could also play a role in facilitating
dialogue and promoting regional stability.

In conclusion, a peaceful resolution to the dispute over the South China Sea is crucial for
regional stability and prosperity. Diplomatic negotiations, adherence to international law,
and multilateral engagement are all important steps towards finding a peaceful settlement.
It will require compromise, goodwill, and a commitment to dialogue and cooperation.