Ilovepdf Merged 1

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 341

CRIM312

DISPUTE
RESOLUTION
AND
CRISES/INCIDENT
MANAGEMENT
MIDTERM
WEEK 7
CHARACTERISTICS AND
PHASES OF AND
NOMENCLATURES
RELATED TO CRISIS
Crisis
• period of upset during which people attempts
at arriving at solution of problem.
• an unstable condition, as in political, social or
economic.
• an experience of confusion and anxiety to
the degree that formerly successful coping
mechanisms fail and ineffective decisions
and behaviors take their place.
Disaster
• a serious disruption of the functioning of a
community or a society at any scale due to
hazardous events interacting with
conditions of exposure, vulnerability and
capacity, leading to one or more of the
following: human, material, economic and
environmental losses and impacts.
Disaster
• a serious problem occurring over a period of
time that causes widespread human,
material, economic or environmental loss
which exceeds the ability of the affected
community or society to cope using its own
resources.
Emergency
• an urgent, unexpected, and usually dangerous
situation that poses an immediate risk to
health, life, property, or environment and
requires immediate action.
• something dangerous or serious, such as an
accident, that happens suddenly or
unexpectedly and needs fast action in
order to avoid harmful results.
Threat
• an impending danger that has the potential to
cause serious harm.
• the potential harm a crisis poses to an
organization, its stakeholders, and an
industry.
• crisis can result in three interconnected threats
such as public safety, monetary loss, and
reputation loss.
Differences
• Crisis - if the situation is already beyond
normal control.
• Disaster - if the effects of the crisis can no
longer be controlled even by its author.
• Emergency - if the situation is still controlled
and the response given is for the
purpose of containing the situation from
getting out of control.
Types of Crisis:
1. Natural Crisis
• disturbances in the environment and nature
lead to natural crisis.
• such events are generally beyond the control
of human beings.
• tornadoes, earthquakes, hurricanes,
landslides, tsunamis, flood, drought all
result in natural disaster.
Types of Crisis:
2. Technological Crisis
• arises as a result of failure in technology and
problems in the overall systems.
• breakdown of machine, corrupted software
and so on give rise to technological crisis.
Types of Crisis:
3. Confrontation Crisis
• arise when employees fight amongst
themselves.
• individuals do not agree to each other and
eventually depend on non-productive acts
like boycotts, strikes for indefinite periods
and so on.
Types of Crisis:
3. Confrontation Crisis
• employees disobey superiors; give them
ultimatums and force them to accept their
demands.
• result into Internal disputes, ineffective
communication and lack of coordination.
Types of Crisis:
4. Crisis of Malevolence
• when some notorious employees take the help
of criminal activities and extreme steps to
fulfil their demands.
• acts like kidnapping company’s officials, false
rumors all lead to crisis of malevolence.
Types of Crisis:
5. Crisis of Organizational Misdeeds
• when management takes certain decisions
knowing the harmful consequences of the
same towards the stakeholders and
external parties.
• superiors ignore the after effects of strategies
and implement the same for quick results.
• classified into following three types:
Types of Crisis:
• Crisis of Skewed Management Values - supports
short term growth and ignores broader issues.
• Crisis of Deception - purposely tampers data and
information, makes fake promises and wrong
commitments to the customers.
• Crisis of Management Misconduct - indulges in
deliberate acts of illegality like accepting bribes,
passing on confidential information and so on.
Characteristics of Crisis
• a sequence of sudden disturbing events.
• generally arises on short notice.
• triggers a feeling of fear and threat amongst
the individuals.
Phases of a crisis
1.Pre-crisis stage
• a crisis management strategy in place, clearly
setting out how you will organize yourself
internally if a crisis strikes.
• the plan should be tested to make sure it
works in practice.
• proactively monitor potential threats.
Phases of a crisis
2.Crisis stage (acute phase)
• notice of the first signs of a crisis unfolding
• focus needs to be swift to assess risk and limit
damage
3.Response stage (chronic phase)
• dealing with the effects of the crisis and it is
important not to lose touch with humanity
and keep control over your feelings
Phases of a crisis
4.Post-crisis stage (resolution phase)
• crisis can be considered over but it is
important to use the post-crisis stage to
look for ways to better prepare for the next
crisis
Social crisis
• brought about by social differences such as
tradition, practices, tradition which
creates conflict due to high level of
inequality, low social mobility, high
unemployment triggered by recession, high
crime rates and weak political institutions.
Economic crisis
• ranges from family, national, international to
global need for supply of goods based on
demands due to currency crisis, foreign
debt crisis, recessions, disruption of
banking activity and corruption.
Professional crisis
• abuse in the exercise of profession to the
detriment of the affected individuals.
Environmental crisis
• the result of human destructive activities such
as toxic waste and pollution due to
overconsumption and growth economy.
Political crisis
• broughtabout by conflict of ideologies and
motivations which may lead into poverty,
mass action and injustices by the
government.
Religious crisis
• the rise of religious groups claiming to be the
true religion which may result into
religious fundamentalism (conservative
religious movement characterized by the
advocacy of strict conformity to the sacred
texts) and religious extremism (faith-based
actions that are deliberate attempts to
cause harm to other people).
Management crisis
• belongs to the top to middle level managers
when they encounter oppositions and
objections from their subordinates on their
decision which may become stressful to
the managers and lead to divisions and
distrust within the organization which are
due to values, experience, expertise and
emotions of the managers.
WEEK 8
CONCEPTS OF CRISIS
MANAGEMENT
Crisis Management
• refers to the action undertaken to unify
and coordinate resources and efforts to
effectively and efficiently quell a given
criminal/life threatening situation.
Purpose of Crisis Management
• Salvari Vitas or to save lives
• prepares an organization to cope with an
unexpected calamity.
• shortens and lessens the impact of a crisis.
• protects employees and anyone else affected;
• preserves operations and productivity as much
as possible.
• safeguards a company's reputation.
Phases of Crisis Management
• Proactive phase includes prediction,
prevention and preparation.
• Reactive phase includes performance, initial
action, action and post action.
Objectives of Crisis Management
• resolve the event without further incident.
• ensure the safety of all participants.
• apprehension of all the perpetrators.
• accomplish the task within the framework of
current community standards.
Crisis Management Risk Management

involves assessing potential


involves dealing with threats
threats and finding the best
after they have occurred
ways to avoid those threats

more critical nature, may concerned with identifying,


require the intervention, assessing and mitigating any
inputs and approval of activity or event that could
higher-level leadership. cause harm to the business
Crisis Management Incident Management
entail strategic actions and bigger
entails taking quick, small actions to bring
steps to bring the situation under
the situation back to normal
control.

more critical nature, may require the involve immediate managers and team
intervention, inputs and approval of leaders and may not require the
higher-level leadership. involvement of higher-level leadership

smaller nature and less critical can be


procedures could take days to weeks or
mostly managed within minutes, hours or
months.
days

might require the involvement of more


affect only a few people/teams of an
number of teams and departments
organization
compared to incident
Theories on Crisis Management
Attribution Theory
• states that companies suffer reputation and
business harm when the public blames
them for a crisis.
• it is human nature to seek to explain why
events occur, especially sudden and
damaging incidents like crises.
Theories on Crisis Management
Attribution Theory
• people attribute responsibility to an entity, such
as a company, or a situation.
• when people blame an organization, they
direct negative emotions toward.
Theories on Crisis Management
Situational Crisis Communication Theory
• rooted in Attribution Theory
• businesses tailor crisis communication to the
crisis potential to hurt the company’s
reputation.
• crisis managers must first determine the threat
to the company reputation by assessing
which of three clusters the crisis fit
• The Victim Cluster or the organization is a
victim. It has very weak attributions of
crisis responsibility (natural disasters,
workplace violence, product tampering and
rumor) and the organization is viewed as a
victim of the event.
• The Accidental Cluster or the organization
unintentionally caused the crisis. It has
minimal attributions of crisis responsibility
(technical-error accident, technical-error
product harm and challenge) and the event
is considered unintentional or
uncontrollable by the organization.
• The Intentional Cluster or the organization
intentionally acted wrongly. It has very
strong attributions of crisis responsibility
(human-error accident, human-error
product harm and organizational misdeed)
and the event is considered purposeful.
Theories on Crisis Management
Diffusion of Innovation Theory
• sharing of information during emergency
situations.
• provides a framework for exploring how
innovations are communicated within
organizations. It clarifies the process and
factors influencing the adoption of new
innovations.
Theories on Crisis Management
Diffusion of Innovation Theory
• Diffusion is the process in which an innovation
is communicated through certain channels
among the members of a social system.
• Communication is the process in which
participants create and share information
with one another in order to reach a mutual
understanding.
Theories on Crisis Management
Unequal Human Capital Theory
• inequality amongst employees leads to crisis
at the workplace.
• cause of a crisis is a failure to consider all
aspects that needs to be part of a dynamic
organization.
Theories on Crisis Management
Chaos Theory and Butterfly Effect Theory
• Chaos theory states that some systems are so
complex that small differences in starting
condition can make them act very
differently and unpredictably.
Theories on Crisis Management
Chaos Theory and Butterfly Effect Theory
• Butterfly Effect states that small events may
generate long consequences. Butterfly
effect suggests that crisis managers should
anticipate, and prepare to respond to, small
and low probability ever that have the
potential to result in major harmful crises.
Theories on Crisis Management
Image Restoration or Repair Theory
• shares a focus on rebuilding an organization’s
reputation when it been damaged by a
crisis.
• focusing on the messages a company should
communicate during a crisis which are :
• Denial - deny that the event ever occurred
or deny the fact that they are guilty for it.
• Evading Responsibility - justifies own
actions by passing blame onto another
party and reducing their own responsibility
or by attempting to reduce their
responsibility.
• Reducing Perceived Offensiveness – the
accused may attempt to reduce the degree
of ill feeling experienced by the audience.
• Corrective Action - accused promising to fix
the problem, to return things to the where
they were before the incident or promise to
make assurances of adjustments that will
prevent any similar incidents from
occurring in the future.
• Mortification - the accused admits
responsibility for actions in question and
seeks forgiveness for them.
Theories on Crisis Management
Structural Functional Theory
• looks at society as a structure made up of
institutions that function together to keep
the whole running.
• explains how organizational communication
relies on a structure made up of networks
for information to flow and a hierarchy of
people who manage the process.
Elements of Crisis Management
• Incident Management - an act of containing
the situation within a certain level
through law enforcement interventions.
• Consequence Management - an act that
focuses on mitigating the adverse effects
that may be brought about by an incident.
by utilizing non-law enforcement elements,
such as medical and fire services.
Must in Crises Management
Risk Assessment and Planning
• identify potential risks and developing
strategies to mitigate them.
• develop a comprehensive plan that outlines
the steps to be taken to mitigate the risks.
• includes contingency plans, communication
channels and setting up an incident
response team.
Must in Crises Management
Crisis Communication
• to ensure that everyone is aware of the
situation and the actions to be taken.
• clear and concise message communicated to
all stakeholders, including employees and
customers.
• through various channels, including social
media, email, and press releases.
Must in Crises Management
Incident Response
• involves the immediate actions taken to
address the crisis once it has occurred.
• includes activating the incident response team,
identifying the root cause of the crisis, and
implementing a plan to resolve the
situation.
Must in Crises Management
Business Continuity
• ensuring that the business can continue to
operate during and after a crisis.
• developing plans for alternative work
arrangements, backup data, and
contingency plans to ensure that critical
business operations can continue.
Must in Crises Management
Crisis Recovery
• actions taken to recover from the crisis and
return to normal operations.
• identifying any damages caused by the crisis
and taking steps to repair them as well as
implementing measures to prevent a
similar crisis from occurring in the future.
WEEK 9
CRISES MANAGEMENT
PLAN AND TEAM
Crises Management Plan
• outlines how the business will react if a crisis
occurs.
• identify who will take action and what their
roles will be.
• to minimize damage and restore business
operations as quickly as possible.
Stages of Crisis Management
Diagnosis of Crisis
• for the leaders and managers to sense the
warning signals of a crisis and prepare the
employees to face the same with courage
and determination.
• superiors must review the performance of their
subordinates from time to time to know
what they are up to.
Stages of Crisis Management
Planning
• once a crisis is being detected, crisis
management team must immediately jump
into action.
• sit and discuss with the related members to
come out with a solution which would work
best at the times of crisis.
Stages of Crisis Management
Adjusting to Changes
• adjust to new situations and changes for
effective functioning of organization.
• analyze the causes which led to a crisis at the
workplace.
• mistakes should not be repeated and new
plans and processes must be incorporated
in the system.
Steps to create Crisis Management Plan
1.Identify the Crisis Leadership Team
• choose a team of leaders to collaborate with
during the crisis planning process.
• include the people who will take action during
a crisis.
• put this team together at the very beginning so
everyone knows the ins and outs of your
crisis strategy.
Steps to create Crisis Management Plan
2. Assess risk
• brainstorming session to assess various risks
the company may face.
• looking at risks associated with the job field
• use a risk register to identify and analyze the
probability of risks occurring.
Steps to create Crisis Management Plan
3. Determine the business impact
• once the high-probability risks are identified
that could affect the company, determine
the business impact of these risks with the
help of your crisis leadership team
• each risk can cause different outcomes, so it’s
important to analyze them separately
Steps to create Crisis Management Plan
4. Plan the response
• if working in software and the company
experiences a cyberattack, the need for
someone to secure the network, someone
to release the news to your customers and
another person to handle damage
assessment
Steps to create Crisis Management Plan
5. Solidify the plan
• a crisis management plan is more than a
written or verbal strategy
• include key items such as an activation
protocol and emergency contacts
Steps to create Crisis Management Plan
6. Review and update
• review the final product to ensure there are no
gaps
• revisit the crisis management plan and update
it at least once a year because potential
risks can change with time
Crisis Management Team
• protect against the adverse effects of crisis
• prepares an organization for inevitable threats
• decide on future course of action
• devise strategies to help organization come out
of difficult times as soon as possible
• respond immediately to warning signals of crisis
• execute relevant plans to overcome emergency
situations
Roles of the Crisis Management Team
• detect the early signs of a crisis
• identify the potential risks and concerns
• assess the impact of the crisis
• prepare and activating an action plan
• communicate the solution to employees and
the public
• implement standards to prevent the crisis
from reoccurring
Functions of Crisis Management Team
• Management - determine priorities and
objectives of their action plan while
directing the rest of the crisis management
group
• Operations - focus on assessing the initial
damage of the crisis, establishing control
over the situation and restoring systems
Functions of Crisis Management Team
• Intel departments work to collect, evaluate,
and share information to recommend a
response to the crisis
• Logistics to make sure the company meets
the needs of the employees such as
transportation, medical care, and
counseling
Functions of Crisis Management Team
• Finance in order to finance the crisis such as
identifying, addressing and resolving
issues that will always cost a company
money
Crisis leadership skills
• Decisiveness
• Excellent communication skills
• Emotional intelligence
• Adaptability
• Resilience
• Forward-thinking
Legal Regimes in dealing with crisis
• Sec. 6, Article XVI, 1987 Constitution - The
State shall establish and maintain one
police force, which shall be national in
scope and civilian in character.,
• Section 51, RA 6975 – Governors and mayors
shall be deputized as representatives of
the Commission in their respective
territorial jurisdiction.
Legal Regimes in dealing with crisis
• Section 64, RA 8551 – Governors and mayors
are automatically deputized as
representatives of the National Police
Commission in their respective jurisdiction.
• RA 10121 otherwise known as the Philippine
Disaster Risk Reduction and Management
Act of 2010.
WEEKS 10
CONCEPTS
OF DISASTER AND
DISASTER
MANAGEMENT
Disaster
• serious disruption of the functioning of society,
causing widespread human, material or
environmental losses, which exceeds the
ability of the affected community to cope
using its own resources.
Disaster
• an even, either man-made or natural, sudden
or progressive, causing widespread
human, material, or environmental losses
and caused by nature, disasters can have
human origins.
Hazard – a source of danger
• Natural/Primary such as earthquakes or
floods arise from purely natural processes in
the environment
• Secondary are hazards that follow as a result
of other hazard events such as building
collapse, dam failure, fire, hazardous
material spill, landslide, soil liquefaction,
tsunami, water pollution.
Hazard – a source of danger
• Quasi-natural such as smog or desertification
arise through the interaction of natural
processes and human activities.
• Technological/Man-made such as the toxicity
of pesticides to fauna, accidental release of
chemicals or radiation from a nuclear plant
and those arise directly as a result of
human activities.
Risk – the likelihood that a hazard will cause
specific harm.
Exposure – the degree to which the elements at
risk are likely to experience hazard events.
Vulnerability – a system that makes it
susceptible to the damaging effects of a
hazard and refers to the factors that
increase the susceptibility to the impact of
a hazard.
Factors in the Magnitude of a Disaster
• the severity of the natural event
• the quantity of exposure to the elements at risk
which includes lives and properties
• vulnerability level or quality of exposure
Characteristics of Disasters
• inherently unexpected or come quickly with
little or no warning, resulting in
widespread death, injury, and property
damage
• cannot be managed through normal means
and require immediate and effective
intervention of both national government
agencies
Characteristics of Disasters
• knows no political boundary.
• require restructured and new responding
organizations
• create new tasks and requires more people as
disaster responders
• render inutile routine emergency response
equipment and facilities
Characteristics of Disasters
• worsen confusion in understanding roles of
peoples and organizations
• expose lack of disaster planning, response
and coordination which inexperienced
disaster organizations often fail to see
what their proper roles are
Impact of Disaster
• loss of lives, injuries and diseases
• other negative effects on human physical,
mental and social well being
• damage to properties and destruction of
assets
• loss of services
• social and economic disruption
• environmental degradation
Types of Disasters
• Natural such as earthquakes, volcanic
eruptions, typhoons, emergency diseases,
extreme heat, hurricanes and tropical
storms, tornadoes, tsunamis
• Man-Made and Technological such as
hazardous materials, chemical threat and
biological weapon, cyber attacks,
explosion, war and civil unrest
WEEK 11
CONCEPTS OF DISASTER
AND
DISASTER MANAGEMENT
Crisis Management Disaster Management
management of resources with all institutions and
management model that undertakes the tasks organizations of the society and the public in
of taking measures against possible crisis order to plan and implement the necessary works
situations, minimizing the damages of the crisis in order to prevent disasters and reduce their
after the crisis occurs, and implementing and damages. to respond to the events that result in
controlling the necessary preparations and disasters in a timely, fast and effective manner,
activities for the restructuring of the and to create a safer and more developed living
organization after the crisis. environment for the communities affected by the
disaster.
a concept that encompasses both disaster
management and emergency management, a model limited to disasters
and is more comprehensive.
the process of preventing and reducing the
damages of disasters, being prepared for
a process that includes precrisis, crisis moment
disasters, directing and utilizing all opportunities
and post-crisis and requires continuity.
and resources of the society before and after the
disaster.
Assessment of Disaster Management
• The enactment of Republic Act 10121
otherwise known as the Philippine Disaster
Risk Reduction and Management Act of
2010 has laid the basis for a paradigm shift
from just disaster preparedness and
response to disaster risk reduction and
management (DRRM).
Assessment of Disaster Management
Disaster management includes administrative
decisions and operational activities that involve
• Prevention
• Mitigation
• Preparedness
• Response
• Recovery
• Rehabilitation
Key Phases of Disaster Management
1. Pre –Disaster
• Prevention and Mitigation – reduce the
effects of the hazard
• Preparedness - formulation of viable
emergency plans, the development of
warning systems, among others
Key Phases of Disaster Management
• Early Warning – mass education and
training of the population who know what
actions they must take when warned.
• Disaster impact - this refers to the “real-
time event of a hazard occurring and
affecting elements at risk.
Key Phases of Disaster Management
2. During Disaster - ensure that the needs and
provisions of victims are met to alleviate
and minimize suffering.
• Response - setting up control rooms,
putting the contingency plan in action,
issue warning, action for evacuation,
among others.
Key Phases of Disaster Management
3. Post Disaster
• Recovery - activities that encompass the
three overlapping phases of emergency
relief, rehabilitation and reconstruction.
• Rehabilitation includes the provision of
temporary public utilities and housing as
interim measures to assist long-term
recovery.
Key Phases of Disaster Management
• Reconstruction - attempts to return
communities to improved pre-disaster
functioning
• Development - like construction of
embankments against flooding, irrigation
facilities as drought proofing measures,
increasing plant cover to reduce the
occurrences of landslides
2011 PNP Disaster Response Handbook
PNP Safety and Incident Response Checklist
• Flooding
• Earthquakes
• Volcanic Eruption
• Typhoons
• Tsunami
2011 PNP Disaster Response Handbook
Disaster Mitigation - the lessening or limitation
of the adverse impacts of hazards and
related disasters.
Disaster Prevention - the outright avoidance of
adverse impacts of hazards and related
disasters.
2011 PNP Disaster Response Handbook
Disaster Preparedness - the knowledge and
capacities developed by governments,
professional response and recovery
organizations, communities and individuals
to effectively anticipate, respond to, and
recover from, the Impacts of likely,
imminent or current hazard events or
conditions.
2011 PNP Disaster Response Handbook
Disaster Response - the provision of
emergency services and public assistance
during or immediately after a disaster in
order to save lives, reduce health impacts,
ensure public safety and meet the basic
subsistence needs of the people affected.
2011 PNP Disaster Response Handbook
Disaster Risk - the potential disaster losses in
lives, health status, livelihood, assets and
services, which could occur to a particular
community or a Society over some
specified future time period.
2011 PNP Disaster Response Handbook
Disaster Risk Reduction - the concept and
practice of reducing disaster risks through
systematic efforts to analyze and manage
the causal factors of disasters, including
through reduced exposures to hazards,
lessened vulnerability of people and
property, wise management of land and the
environment, and improved preparedness for
adverse events.
2011 PNP Disaster Response Handbook
Disaster Risk Reduction and Management -
the systematic process of using
administrative directives, organizations,
and operational skills and capacities to
implement strategies, policies and
improved coping capacities in order to
lessen the adverse impacts of hazards and
the possibility of disaster.
2011 PNP Disaster Response Handbook
Search and Rescue Operation – is the search
for and provision of aid to people who are
in distress or imminent danger.
Search and Retrieval Operation - is the
search for the property or human remains
after a natural or manmade disaster
occurred in a particular area.
2011 PNP Disaster Response Handbook
1. Security and safety of personnel must always
be considered in the conduct of disaster
response operations.
2. All PNP Units/Offices shall train their men on
disaster incident management using their
available resources.
2011 PNP Disaster Response Handbook
3. All responding units shall operate on their existing
logistical and financial allocation. On the other
hand, the NHQ PNP shall provide additional
logistics and financial support on a case to
case basis.
4. Timely reports on disaster operations to include
report on the extent, nature and location of
damages should be immediately relayed to
higher headquarters and local NDRRMC.
2011 PNP Disaster Response Handbook
5. PNP personnel shall wear the standard PNP
Search and Rescue attire while performing
disaster response operations.
6. Coordination between echelons of the civil
organization and military units is
encouraged.
2011 PNP Disaster Response Handbook
7. Level of response of all task group shall be
done as much as possible at the lowest level
and only seek assistance to the next level
when resources (manpower and material) are
not enough to manage the disaster incident.
8. The adjacent PNP units or stations which are
not affected by the disaster shall immediately
respond and assist the severely affected
area.
2011 PNP Disaster Response Handbook
9. Only the designated Public Information
Officer of the PNP unit concerned is
authorized to release information to the
media. However, Unit Commanders may
issue relevant statement and information to
the media as the situation may require.
2011 PNP Disaster Response Handbook
10. PNP Units/Offices and personnel must have
reliable alternate communication
equipment to ensure 24-hour connectivity.
11. PNP offices/units are encouraged to acquire
additional Search and Rescue Equipment
(Team and Individual) as may deemed
suitable in their peculiar requirement.
CRIM312
DISPUTE
RESOLUTION
AND
CRISES/INCIDENT
MANAGEMENT
PRELIMS
WEEK 2
CONCEPTS, MODES,
PRINCIPLES AND
PHILOSOPHIES IN
DISPUTE RESOLUTION
Dispute Resolution
• a process for resolving differences between
two or more parties or groups.
• a number of processes that can be used
to resolve a conflict, dispute or claim.
• used interchangeably with conflict resolution,
although conflicts are generally more
deep-rooted and lengthy than disputes.
Dispute Resolution
• alternatives to having a court decide the dispute in
a trial or other institutions decide the
resolution of the case or contract.
• can be used to resolve any type of dispute
including family, neighborhood, employment,
business, housing, personal injury, consumer,
and environmental disputes.
• a way of resolving a conflict or dispute, often without
needing to go to court.
The process of dispute resolution is also
known as alternative dispute
resolution, appropriate dispute
resolution or ADR. The process can be
used to attempt the resolution of most
business disputes without parties
needing to attend court.
Principles and Philosophies of:
Conciliation
• the settling the disputes without litigations.
• a process in which independent person or persons
are appointed by the parties with mutual consent
by agreement to bring about a settlement of
their dispute through consensus or by using of
the similar techniques which is persuasive.
• an alternative out-of-court dispute resolution
instrument.
Principles and Philosophies of:
Arbitration
• more formal and can look more like litigation.
• Parties submit their dispute to an arbitrator
who renders a decision following the
process.
• They can agree to arbitrate before or after a
conflict occurs.
Principles and Philosophies of:
Arbitration
• They have the freedom to set the rules of
arbitration, which can be much more
flexible than formal civil procedure required
in court.
• can help parties save time and expense
associated with litigation.
Principles and Philosophies of:
Negotiation
• usually the first approach to take before
resorting to other ADR methods.
• more informal and affords the parties flexibility.
• parties identify an issue and meet to fix it
wherein they control the process and the
solution.
• the first stage in a potential ADR process.
Principles and Philosophies of:
Mediation
• a type of assisted negotiation.
• parties obtain the help of a neutral third party
(the mediator) to help them resolve the
dispute.
• can be informal, where the mediator is a
friend, family member or trusted advisor.
Principles and Philosophies of:
Mediation
• can also be formal, where the parties hire a
professional, neutral third party.
• Formal mediators are trained in negotiations and
help parties solve the issue to satisfy both sides.
• In either case, the purpose of a mediator is not to
decide whether a party is wrong or right but to
help the parties find a mutually acceptable
resolution.
Principles and Philosophies of:
Court-Annexed Mediation (CAM)
•a voluntary process conducted under the
auspices of the court by referring the
parties to the Philippine Mediation Center
(PMC) Unit for the settlement of their
dispute, assisted by a Mediator accredited
by the Supreme Court.
Principles and Philosophies of:
Court-Annexed Mediation (CAM)
• If annexed mediation fails, the mediator shall
immediately issue a certificate of failed
mediation returning it to the court for further
proceedings. The court then, shall upon
receipt of the notice of failure, set the case for
resumption of pre-trial, and thereafter, try and
decide the case on its merits.
Other Modes of Dispute Resolution
Judicial Mediation
• a form of Alternative Dispute Resolution.
• brings the disputants together for a mediation
at a personal preliminary hearing before a
trained sitting judge who stays neutral and
endeavors to administer the parties in
resolving their disputes.
Other Modes of Dispute Resolution
Judicial Mediation
• Judicial Dispute Resolution is a process whereby
the judge (called the JDR Judge) employs
conciliation, mediation or early neutral
evaluation in order to settle a case at the pre-
trial stage. In the event the JDR fails, then
another judge (called the trial judge) shall
proceed to hear and decide the case.
Other Modes of Dispute Resolution
Litigation
• the process of resolving rights-based disputes
through the court system, from filing a law
suit, courtroom trial and appeal.
• the process of taking legal action to resolve
disputes before a court of law.
• can apply to any situation where parties seek
legal remedies from a court.
WEEK 3
THE PRINCIPLES OF THE
TWO PSYCHOLOGICAL
CONCEPTIONS OF
JUSTICE
Justice refers to the giving what is due to
anybody, preservation and respecting the
rights accorded to anybody.
Justice System are processes and procedures
to be observed in the verification and
investigation of any untoward act
committed by anybody that tarnishes the
rights of somebody in order to determine
what is due to be awarded to the affected
person.
Objectives to responses in law breaking
•Behavioral control can be in a form of
deterrence and incapacitation through
incarceration or confinement which is a
punitive means.
•Justice Restoration can be done in a form
of meting out the punishment which is
retributive or it can also be in a form of
constructive through restorative justice.
RESTORATIVE JUSTICE
VERSUS
RETRIBUTIVE JUSTICE
Restorative Justice Retributive Justice
Emphasizes repairing harm caused by
the offense and restoring relationships Centers on punishing the offender as a
between the offender, victim, and form of retribution for their wrongdoing.
community.
Seeks to establish a sense of justice
Promotes rehabilitation and
through punishment proportional to the
reintegration of the offender into society.
severity of the crime.
Involves dialogue and negotiation Involves legal proceedings where guilt is
between the victim and offender, determined, followed by imposition of a
facilitated by a mediator. Encourages punishment, such as imprisonment or
accountability and understanding. fines.
Typically involves restitution, community The severity is often based on the nature
service, or other measures aimed at and gravity of the offense, with the aim
repairing the harm done. of balancing the scales of justice.

Strives for reconciliation and healing, Emphasizes deterrence and societal


aiming to prevent future offenses by order, assuming that punishment serves
addressing underlying issues. as a deterrent to potential offenders.
Similarities
• Both restorative and retributive justice operate
within the broader criminal justice system.
• Both approaches aim to hold individuals
accountable for their actions.
• Both seek to contribute to maintaining social
order and preventing future criminal
behavior.
Differences
Restorative Justice Retributive Justice
Focuses on repairing harm, restoring Emphasizes punishment as retribution,
relationships, and promoting seeking proportional consequences
rehabilitation through dialogue. through legal proceedings.
Involves active participation of the Imposes punitive measures such as
offender, victim, and sometimes the imprisonment or fines to satisfy the
community to address harm. need for justice.
Focuses on repairing harm, restoring
Primarily concerned with deterrence,
relationships, and promoting
retribution, and societal justice.
rehabilitation through dialogue.
Emphasizes non-traditional sanctions Often follows standardized legal
like restitution, community service, or penalties, with less room for
counseling. individualization.
Types
Restorative Justice Retributive Justice
Distributive Justice - Fair
Retributive Justice - Punishment
distribution of resources and
as a response to wrongdoing.
benefits to repair harm.
Corrective Justice - Addressing Compensatory Justice - Seeking
imbalances through restitution compensation for victims through
and rehabilitation. punitive measures.
Social Justice - Fostering
Procedural Justice - Fair and
community involvement and
impartial legal procedures
healing.
Core Values of Restorative Justice
Apology - either written or oral, recognizing responsibility and not
seeing oneself as a victim and realizing and acknowledging the
harm suffered by the victim.
Offender
Reintegration – earning his or her place back in the community
particularly through the action plan developed under the healing the
harm process.
Harm – assessing what harm was done, developing a case plan to
repair the harm and creating an action plan for those responsible
Victim for healing and repairing the harm.

Forgiveness – the opportunity is extended for the victim to accept


an apology from the offender and to extend forgiveness.

Community Relationship – healing broken relationships and creating new ones.


Key Values of Restorative Justice
Value Effect Elements
create opportunities for victims,
offenders and community members meeting, narrative, emotion,
Encounter
who want to do so to meet to understanding and agreement.
discuss the crime and its aftermath
expect offenders to take steps to apology, changed behavior, restitution
Amends
repair the harm they have caused and generosity
acknowledging human dignity and
seeks to restore victims and
worth, providing material assistance
Reintegration offenders as a whole, contributing
and offering moral and spiritual
members of society
direction
invitations, acknowledgement that the
provide opportunities for parties
person invited has unique interest and
Inclusion with a stake in a specific crime to
recognition that he or she might want to
participate in its resolution
try alternative approaches
WEEK 4
METHODS, TECHNIQUES
AND STRATEGIES OF
CONCILIATION,
ARBITRATION,
NEGOTIATION AND
MEDIATION
Conciliation
Conciliation is an ADR process where an
independent third party, the conciliator,
helps people in a dispute to identify the
disputed issues, develop options,
consider alternatives and try to reach an
agreement.
The process is flexible, allowing parties to define the
time, structure and content of the conciliation
proceedings.
Conciliation
A conciliator may have professional expertise in
the subject matter in dispute and will
generally provide advice about the issues
and options for resolution. However, a
conciliator will not make a judgment or
decision about the dispute.
Conciliation may be voluntary, court ordered or
required as part of a contract. It is often part of
a court or government agency process.
Arbitration
Arbitration is a legal process in which a neutral
third party, called an arbitrator, is used to
resolve a dispute between two or more
parties.
The arbitrator listens to the evidence and
arguments presented by each side and
makes a binding decision on the dispute.
Arbitration
The arbitration process is often faster and less formal
than going to court, and the parties can choose
an arbitrator who has expertise in the subject
matter of the dispute.
Arbitration can be used to resolve a wide range of
disputes, including commercial, employment,
and consumer disputes. In some cases,
arbitration may be required by a contract or by
law as a means of resolving disputes.
Negotiation
Negotiation is the preeminent mode of dispute
resolution. While the two most known
forms of ADR are arbitration and mediation,
negotiation is almost always attempted first
to resolve a dispute.
Negotiation allows the parties to meet in order
to settle a dispute.
Negotiation
Using negotiation as a method of conflict
resolution is popular because parties seek
to achieve a solution that respects each
side's perspectives while minimizing the
negative impact of the disagreement.
This process often involves open dialogue,
active listening, compromise, and
sometimes concessions.
Mediation
Mediation is a process during which the parties to a
dispute meet together and separately in
confidence with a neutral and independent
outside party (the mediator) to explore and
decide how the conflict between them is to be
resolved.
The mediator assists the parties in reaching an
agreement but has no power to impose a result
upon them.
Mediation
The mediator does not make a decision, and the
parties may terminate the process at any
time.
Mediation may be used in a variety of contexts
besides those which are court-connected or
otherwise part of a legal intervention such in
civil suits and in other contexts include
interpersonal disputes in private and public
sector such as work places.
Mediation
The main difference between conciliation and
mediation proceedings is that, at some
point during the conciliation, the conciliator
will be asked by the parties to provide them
with a non-binding settlement proposal. A
mediator, by contrast, will in most cases
and as a matter of principle, refrain from
making such a proposal.
Mediation
Sometimes parties to a dispute use a combined
process known as `med-arb’, in order to
retain the advantages of both mediation
and arbitration. If the mediator is
unsuccessful in resolving the dispute through
the agreement of the parties, then the
mediator becomes an arbitrator with power to
issue a binding decision.
WEEK 5
THE ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004
(R.A. 9285) AND
OTHER APPLICABLE POLICIES
AND ISSUANCES OF THE
COURT OR AGENCY CONCERN
Advantages of ADR
• rapidity, confidentiality and flexibility.
• courts rarely overturn ADR decisions and
awards if the disputing parties formed a
valid contract to abide by them.
• potential means of avoiding the expense,
delay and uncertainty associated with
traditional litigation.
Advantages of ADR
• intended as a vehicle for improving
communication between the parties.
• provides a forum for creative solutions to
disputes that better meet the needs of the
parties.
Agencies that use ADR
• The Katarungang Pambarangay under PD 1508
and later integrated into the Local Government
Code (RA 7160)
• The Cooperative Development Authority (CDA)
created by virtue of RA 6939
• The Philippine Construction Industry Arbitration
Commission (CIAC) created by Executive Order
No. 1008 to resolve cases involving contractual
claims within the industry.
Agencies that use ADR
• The Department of Agrarian Reform Adjudication
Board (DARAB) under the Department of
Agrarian Reform (DAR)
• The Philippine Dispute Resolution Center, Inc. which
is a private non-stock, nonprofit corporation
organized in 1996.
• The National Conciliation and Mediation Board
(NCMB) under the Department of Labor and
Employment (DOLE).
Agencies that use ADR
• The National Labor Relations Commission (NLRC)
under the Department of Labor and
Employment.
• The Bureau of Labor Relations (BLR) under the
DOLE concerned with settling labor
disputes.
• The Commission on the Settlement of Land
Problems (COSLAP) under the Department of
Justice (DOJ).
Agencies that use ADR
• The Insurance Commission under the Department of
Finance tasked with resolving disputes in the
insurance industry.
• The Bureau of Trade Regulation and Consumer
Protection (BTRCP) under the Department of
Trade and Industry relative to complaints from
consumers involving violations of RA 7394.
• The Court-Annexed Pilot Mediation Project by the
Supreme Court.
Other forms of ADR
• early neutral evaluation
• neutral evaluation
• mini-trial
• mediation-arbitration
• a combination thereof
Exceptions to Application of ADR Act
• labor disputes covered by PD 442, otherwise
known as the “Labor Code of the
Philippines, as amended”, and its
Implementing Rules and Regulations
• the civil status of persons
• the validity of marriage
• any ground for legal separation
Exceptions to Application of ADR Act
• the jurisdiction of courts
• future legitime
• criminal liability
• those disputes which by law cannot be
compromised
• disputes referred to court-annexed mediation
Cases that must be referred to CAM
• all ordinary civil cases, civil cases covered by
the Rule on Summary Procedure (i.e.,
ejectment), and family law cases, except
those which cannot be compromised (i.e.,
those which involve civil status, validity of
marriage, legal separation, future support
and legitime);
Cases that must be referred to CAM
• all special civil actions, except declaratory
relief, review of Comelec and COA
resolutions and final orders, certiorari,
prohibition and mandamus, quo warranto,
expropriation and contempt;
• claims against the estate, or distribution or
partition of estate in intestate proceedings;
Cases that must be referred to CAM
• intellectual property cases;
• commercial or intra-corporate controversies;
and
• environmental cases.
Cases that may not be referred to CAM
• those which cannot be compromised (i.e., those
which involve civil status, validity of
marriage, legal separation, future
support and legitime);
• petitions for habeas corpus;
• probate of a will; and
• cases with pending applications for TRO or
preliminary injunction.
Information obtained through mediation
proceedings shall be privileged and
confidential.
A privilege arising from the confidentiality of
information may be waived in a record, or
orally during a proceeding by the mediator
and the mediation parties.
Exceptions
• If mediation communication is:
• in an agreement authenticated by all parties
to the agreement;
• available to the public or that is made during
a session;
• a threat or statement of a plan to inflict
bodily injury or commit a crime of violence;
Exceptions
• internationally used to plan a crime, attempt
to commit, or commit a crime, or conceal
an ongoing crime or criminal activity;
• sought or offered to prove or disprove
abuse, neglect, abandonment, or
exploitation in a proceeding in which a
public agency is protecting the interest of
an individual protected by law;
Exceptions
• sought or offered to prove or disprove a claim or
complaint of professional misconduct or
malpractice filed against mediator in a
proceeding;
• sought or offered to prove or disprove a claim of
complaint of professional misconduct of
malpractice filed against a party, nonparty
participant, or representative of a party based on
conduct occurring during a mediation.
Exceptions
• If a court or administrative agency, finds that
there is a need for the evidence that is
sought or offered in:
• a court proceeding involving a crime or
felony;
• a proceeding to prove a claim or defense is
sufficient to reform or avoid a liability on a
contract arising out of the mediation.
Exceptions
• The mediator may not be compelled to provide
evidence of a mediation communication or
testify in such proceeding.
• If a mediation communication is not privileged
under any of above exception, only the
portion of the communication necessary for
the application of the exception for
nondisclosure may be admitted.
The ADR Act shall not be interpreted to repeal,
amend or modify the jurisdiction of the
Katarungang Pambarangay under Republic
Act No. 7160, otherwise known as the
Local Government Code of 1991.
ADR Provider means the institutions or persons
accredited as mediators, conciliators,
arbitrators, neutral evaluators or any person
exercising similar functions in any Alternative
Dispute Resolution system. This is without
prejudice to the rights of the parties to choose
non-accredited individuals to act as mediator,
conciliator, arbitrator or neutral evaluator of
their dispute.
Alternative Dispute Resolution System means
any process or procedure used to resolve a
dispute or controversy, other than by
adjudication of a presiding judge of a court or
an officer of a government agency, as defined
in the ADR Act, in which a neutral third person
participates to assist in the resolution of
issues, including arbitration, mediation,
conciliation, early neutral evaluation, mini-trial
or any combination thereof.
Government Agency means any governmental
entity, office or officer, other than a court, that is
vested by law with quasi-judicial power or the
power to resolve or adjudicate disputes
involving the government, its agencies and
instrumentalities or private persons.
Model Law means the Model Law on International
Commercial Arbitration adopted by the United
Nations Commission on International Trade
Law on 21 June 1985.
Ad hoc Mediation means any mediation other
than institutional or court- annexed.
Institutional Mediation means any mediation
administered by, and conducted under the
rules of, a mediation institution.
Court-Annexed Mediation means any mediation
process conducted under the auspices of the
court and in accordance with Supreme Court
approved guidelines, after such court has
acquired jurisdiction of the dispute.
Court-Referred Mediation means mediation
ordered by a court to be conducted in
accordance with the agreement of the
parties when an action is prematurely
commenced in violation of such agreement.
Certified Mediator means a mediator certified
by the Office for ADR as having
successfully completed its regular
professional training program.
Mediation Party means a person who participates
in a mediation and whose consent is necessary
to resolve the dispute.
Mediator means a person who conducts mediation.
Mini-trial means a structured dispute resolution
method in which the merits of a case are
argued before a panel comprising of senior
decision-makers, with or without the presence
of a neutral third person, before which the
parties seek a negotiated settlement.
Early Neutral Evaluation means an ADR process
wherein parties and their lawyers are brought
together early in the pre-trial phase to present
summaries of their cases and to receive a non-
binding assessment by an experienced neutral
person, with expertise in the subject matter or
substance of the dispute.
Mediation-Arbitration or Med-Arb is a two-step
dispute resolution process involving mediation
and then followed by arbitration.
THE LOCAL GOVERNMENT
CODE OF 1991
(R.A. 7160)
Role of the Barangay
• serves as the primary planning and implementing
unit of government policies,
• plans, programs, projects, and activities in the
community,
• a forum wherein the collective views of the
people may be expressed, crystallized and
considered,
• where disputes may be amicably settled.
Chief Officials and Offices
• Thereshall be in each barangay a Punong
Barangay, seven (7) Sangguniang
Barangay Members, the Sangguniang
Kabataan Chairman, a Barangay
Secretary, and a Barangay Treasurer.
Chief Officials and Offices
• There shall also be in every barangay a
Lupong Tagapamayapa. The Sangguniang
Barangay may form community brigades
and create such other positions or offices
as may be deemed necessary to carry out
the purposes of the barangay government
in accordance with the needs of public
service.
Chief Officials and Offices
• the Punong Barangay, Sangguniang Barangay
Members, and members of the Lupong
Tagapamayapa in each barangay shall be
deemed as persons in authority in their
jurisdictions.
Chief Officials and Offices
• other barangay officials and members who may
be designated by law or ordinance and
charged with the maintenance of public order,
protection and security of life and property, or
the maintenance of a desirable and balanced
environment, and any barangay member who
comes to the aid of persons in authority, shall
be deemed agents of persons in authority.
Lupong Tagapamayapa
• composed of the punong barangay, as chairman,
and
• ten (10) to twenty (20) members
• constituted every three (3) years
Pangkat ng Tagapagkasundo
• a conciliation panel
• consist of three (3) members who shall be chosen by
the parties to the dispute from the list of
members of the Lupon.
Functions of the Lupon
• Exercise administrative supervision over the
conciliation panels
• Meet regularly once a month to provide a
forum for exchange of ideas among its
members and the public on matters
relevant to the amicable settlement of
disputes
Functions of the Lupon
• Enable various conciliation panel members to
share with one another their observations
and experiences in effecting speedy
resolution of disputes
• Exercise such other powers and perform such
other duties and functions as may be
prescribed by law or ordinance
The Lupon of each barangay shall have authority
to bring together the parties actually residing
in the same city or municipality for amicable
settlement of all disputes except:
• Where one party is the government, or any
subdivision or instrumentality thereof;
• Where one party is a public officer or employee,
and the dispute relates to the performance of
his official functions;
• Offenses punishable by imprisonment exceeding
one year or a fine exceeding P5,000.00;
• Offenses where there is no private offended
party;
• Where the dispute involves real properties
located in different cities or municipalities
unless the parties thereto agree to submit
their differences to amicable settlement by an
appropriate Lupon;
• Disputes involving parties who actually reside in
barangays of different cities or municipalities,
except where such barangay units adjoin each
other and the parties thereto agree to submit
their differences to amicable settlement by an
appropriate Lupon;
• Such other classes of disputes which the President
may determine in the interest of Justice or
upon the recommendation of the Secretary of
Justice.
Venue
• Disputes between persons actually residing in the
same barangay shall be brought for amicable
settlement before the Lupon of said barangay.
• Those involving actual residents of different
barangays within the same city or municipality
shall be brought in the barangay where the
respondent or any of the respondents actually
resides, at the election of the complaint.
Venue
• All disputes involving real property or any interest
therein shall be brought in the barangay where
the real property or the larger portion thereof is
situated.
• Those arising at the workplace where the
contending parties are employed or at the
institution where such parties are enrolled for
study, shall be brought in the barangay where
such workplace or institution is located.
Pre-condition to Filing of Complaint
• there has been a confrontation between the parties
before the Lupon chairman or the Pangkat, and
• that no conciliation or settlement has been reached
as certified by the Lupon secretary or Pangkat
secretary as attested to by the Lupon or
Pangkat chairman, or
• the settlement has been repudiated by the parties
thereto.
Parties May Go Directly to Court
• accused is under detention;
• a person has been deprived of personal liberty
calling for habeas corpus proceedings;
• actions are coupled with provisional remedies such
as preliminary injunction, attachment, delivery
of personal property and support pendente
lite; and
• action may otherwise be barred by the statute of
limitations.
Conciliation among members of indigenous
cultural communities. - The customs and
traditions of indigenous cultural
communities shall be applied in settling
disputes between members of the cultural
communities.
Execution
• may be enforced by execution by the Lupon
within six (6) months from the date of the
settlement.
• after the lapse of such time, the settlement
may be enforced by action in the
appropriate city or municipal court.
Repudiation
• within ten (10) days from the date of the
settlement
• by filing with the Lupon chairman a statement to
that effect sworn to before him
• where the consent is vitiated by fraud, violence,
or intimidation
• such repudiation shall be sufficient basis for the
issuance of the certification for filing a
complaint
CRIM312
DISPUTE
RESOLUTION
AND
CRISES/INCIDENT
MANAGEMENT
FINAL
WEEK 13
POLICE CRITICAL
INCIDENT
MANAGEMENT
PNP Critical Incident Management
Operational Procedures (CIMOP)
• As a matter of policy, human-induced (man-made)
critical incidents are the responsibilities of the
National and Local Peace and Order Council
(NPOC).
• while natural calamities and disasters are the
responsibilities of the National and Local
Disaster Risk Reduction and Management
Council (NDRRMC).
PNP Critical Incident Management
Operational Procedures (CIMOP)
• Lower-level organizations of the NPOC and
NDRRMC take cognizance of the
responsibilities ascribed in their national
organization.
• The PNP, being at the forefront of crisis situations,
must play an active role by organizing its own
Critical Incident Management Committee
(CIMC) to support the NPOC and NDRRMC.
Rationale of the Memorandum Circular
• prescribes the policies and general procedures
in handling critical incidents to guide
the PNP offices/units at all levels in
addressing different crisis situations.
• It also establishes the authority to exercise
their functions and define their specific
roles.
Rationale of the Memorandum Circular
• It discusses the incident management
procedures and the organization of the
Critical Incident Management Committee
(CIMC), Critical Incident Management Task
Group (CIMTG), and Disaster
Incident Management Task Group
(DIMTG).
Rationale of the Memorandum Circular
• The CIMTG or DIMTG shall be activated to
address human-induced or natural disaster
critical incidents upon activation of the
Office of the Civil Defense (OCD) response
cluster or when the situation demands.
The National Public and Order Council
(NPOC)
• chaired by the Secretary of Interior and Local
Government (SILG)
• tasked to contribute to the strategies of the
National Security Council, coordinate and
monitor, and serve as a forum for
deliberation for peace and order concerns.
The Crisis Management Committee
(CMC)
• primarily concerned with the formulation of
crisis management procedures, integration
and orchestration of government,
military/police and public efforts towards
the prevention and control of crisis
incidents.
The Crisis Management Committee
(CMC)
• All actions and decisions taken by the CMC
shall be within the policies laid down by the
corresponding Peace and Order Councils
(POCs).
Definition of Terms
• Chemical/Biological/Radiological/Nuclear/
Explosive (CBRNE) - an acronym for
chemical, biological, radiological,
nuclear and explosive issues that could
harm the society through their accidental
or deliberate release, dissemination, or
impacts.
Definition of Terms
• Civil Disturbance - a symptom of, and a form
of protest against, major socio-political
problems; the severity of the action
coincides with public expression(s) of
displeasure. Examples are illegal parades,
sit-ins and other forms of obstructions, riot ,
sabotage and other forms of crime.
Definition of Terms
• Command Post (CP) - a unit or sub unit’s
headquarters where the commander and
the staff perform their activities. It is the
principal facility employed by the
commander to control operations.
• Crisis - a crisis or emergency is a threatening
condition that requires urgent action or
response.
Definition of Terms
• Critical Incident - any incident or event
whether human-induced or natural disaster
eluding declaration or directives that
requires the implementation of special
tasks by one or more government agencies
with the direct or indirect involvement of the
PNP on the conduct of police interventions
and operations.
Definition of Terms
• Critical Incident Monitoring Action Team
(CIMAT) - serves as the secretariat of the
sub-Committee which monitors events,
situations and developments of various
human-induced and natural disaster critical
incidents. It shall be the primary monitoring,
coordination and communications center for
the PNP during crisis or emergency.
Definition of Terms
• Critical Incident Monitoring Action Team
Captain (CIMATC) - the Executive Officer
of concerned Directorate tasked to
supervise the CIMAT of the Sub-Committee
on the monitoring and management of
critical incidents. CIMATC is responsible for
advocating inter-offices/units' collaboration
to address crises.
Definition of Terms
• Emergency Planning - decision-making prior
to an actual crisis or disaster including the
consideration or resources required to
manage and resolve the event. The plan
must also include the necessary steps
during and after the crisis is resolved.
Definition of Terms
• Epidemic - refers to increase, often sudden,
number of cases of an infectious disease
above what is normally expected in a given
population in a specific area.
• First Responder - any person or unit who
arrive first at the place of incident and
endeavors to render assistance to the
victim and to protect and secure the incident
scene.
Definition of Terms
• First Responder - Generally, in an incident,
there are two types of first responders: the
first refers to those who are on the scene of
the incident (anybody who is coincidentally
on the scene) and the second refers to the
certified responders who are on standby for
such occurrence (as mandated).
Definition of Terms
• Health hazards - are chemical, physical or
biological factors in our environment that
can have negative impacts on our short-or
long term health. Exposure can occur
through touch, inhalation, and ingestion.
• Incident - an event or occurrence.
Definition of Terms
• Human-Induced Critical Incident - refers to
acts of terrorism, destabilization/public
disturbances, biological health hazards
caused by either terrorists or by major
epidemic and pandemic and/or criminal
activities that require prompt implementation
of police procedures or interventions to
contain the incident and mitigate its impact as
well as to normalize the situation.
Definition of Terms
• Incident Action Plan (IAP) - ensures that
everyone is working towards the achievement
of the same goal for that specific operational
period. It provides a coherent means of
communicating the overall incident objectives
to all the members of the organization. The
IAP may be either verbal or written depending
on the degree of complexity of the incident.
Definition of Terms
• Incident Commander (IC) - person
designated to provide the overall
supervision of the incident. He assumes
the overall command once the
CIMTG/DIMTG is activated to ensure
efficient and effective integration of
resources and delivery of public services.
Definition of Terms
• Incident Command System (ICS) - a set of
personnel, policies, procedures, facilities,
and equipment, integrated into a common
organizational structure designed to
improve emergency response operations of
all types and complexities.
Definition of Terms
• Pandemic - an epidemic of infectious disease
that spread through human population
across a large region, multiple continents
or even worldwide. Pandemics are caused
by diseases that are able to infect humans
and can spread quite easily and become
disasters when they are associated with
enormous numbers of deaths and illness.
Definition of Terms
• Planned Event - a event of national or
international significance, where the overall
responsibility for the security rests with the
host economy/nation. Examples include
major summits, conferences and
meetings wherein the participants are
heads of states/governments and
international sporting events.
Definition of Terms
• Sub-TG Emergency Preparedness - refers to
the preparation and overall emergency
preparedness and response, lead
consequence management efforts in the
event of a terrorist attack, rallies and
protest actions and for all disaster
scenarios in all engagement areas.
Definition of Terms
• Sub-TG Peace and Order - refers to the
group in charge of security operations to
ensure law and order in the working and
general environment in all sites of
operations and venue through sustained
and extensive inter-agency anti-criminality
campaigns to negate threats in the
concerned area.
Definition of Terms
• Sub-TG Response Clusters - refer to the
inter-unit cooperation of different PNP
offices/units and part of strategic action on
providing humanitarian assistance and
disaster response services.
Definition of Terms
• Sub-TG Security - refers to the group tasked
to provide security to ensure the safety of
responders and resources in all vital
installations, seat of government,
commercial districts, city centers, route,
billets and venues to ensure continuity of
public safety services.
Definition of Terms
• Sub-TG Security - refers to the group tasked
to provide security to ensure the safety of
responders and resources in all vital
installations, seat of government,
commercial districts, city centers, route,
billets and venues to ensure continuity of
public safety services.
Definition of Terms
• Task Group Commander - the overall in
charge of an office/unit who has the full
authority for making decisions and
providing directions to manage an incident
or planned event.
PNP Critical Incident Management
Committee (PNP CIMC) - policy-making
committee body that addresses human-
induced and natural disaster at the national
level. It is concerned with the formulation of
crisis management procedures towards the
prevention and control of critical incidents.
Sub-Committees of the CMC
• Sub-Committee on Criminality - shall take
cognizance on act/s or omission/s against
public law/s which tend to prejudice the
community and is punishable by the courts
of justice.
Sub-Committees of the CMC
• Sub-Committee on Destabilization, Public
Disturbance and Planned Events - shall
take cognizance of threats posed by
destabilizers which include demonstrations,
rallies, sabotage or a combination thereof,
undertaken separately or jointly by anti-
government forces from the left and right of
the political spectrum..
Sub-Committees of the CMC
• Sub-Committee on Terrorism and CBRNE -
shall take cognizance of acts punishable
as Piracy, Mutiny, Rebellion, Insurrection,
Coup d'etat, Murder under the Revised
Penal Code thereby sowing widespread
and extraordinary fear and panic in order to
coerce the government to give in to an
unlawful demand.
Sub-Committees of the CMC
• Sub-Committee on Public Health Hazards -
shall take cognizance of all kinds of health
hazards, except terrorism-related health
hazards, which likely occur as major
epidemic or pandemic and shall strictly
monitor and supervise lower units on the
PNP response to avoid and/or mitigate
these risks.
Sub-Committees of the CMC
• Sub-Committee on Natural Disaster - shall
take cognizance of acts of nature or natural
disaster incidents and shall conduct
disaster risk reduction and management
activities thru the three stages approach on
disaster management - Pre-Disaster,
Disaster Response and Post Disaster
Operation.
WEEK 14
CRITICAL INCIDENT
MANAGEMENT
Types of Critical Incidents
1.Natural Calamity and Disaster. In the event
of natural calamity and disaster, the PNP
shall act as the first responder in the
affected area to provide area security and
support in the conduct of search, rescue
and retrieval operations to be spearheaded
by the area DRRMCs.
Types of Critical Incidents
2. Human-Induced Incidents. In the event of
human-induced incidents, the PNP shall
respond to two different situations:
• To manage an incident that could be resolved
by ordinary police response without the
involvement of the Crisis Management
Committee (CMC);
Types of Critical Incidents
• To manage an incident that needs a CMC–
directed operation requiring the
implementation of special tasks by one or
more of the urgent services of the
Philippine government.
5Ps of Crisis Management
1. Proactive Phase - designed to predict or
prevent the probability of occurrence of
crises at the same time prepare to handle
them when such occur.
• Predict – an attempt to remove uncertainty
from the future. The Predict component is
undertaken through Strategic, Operational
and Tactical Situation Awareness process.
5Ps of Crisis Management
• Prevent – a deliberate attempt that aims to
avoid future harm by addressing its
causes. To minimize the impact of man-
made incidents, there should be vigilance
and alertness to signs and manifestations
of suspicious looking individuals.
5Ps of Crisis Management
• Prepare - a core component of effective
response and covers six essential activities
such as Planning, Organizing, Training,
Equipping, Exercising, Evaluating and
Improving.
5Ps of Crisis Management
2. Reactive Phase - is the institution of passive
and active security measures, remedy or
solution to destabilizing factors or security
flaws to such crisis, or emergency,
vigilance and alertness to signs or
manifestations of developing crisis, or
emergency and establishment of alert
systems.
5Ps of Crisis Management
• Perform – actual implementation of the
contingency plans when a crisis occurs,
despite the pro-active measures
undertaken. Once a crisis occurs, priority
shift from enhancing capabilities to
employing resources to save lives and
preserve the social, economic and political
structure of the jurisdiction.
5Ps of Crisis Management
• Post-Action and Assessment – a
component which begins when crisis has
been addressed and the situation is
deemed clear. It is in this phase where the
organization is returning to business as
usual. Post-action activities seek ways to
evaluate and improve prevention,
preparation and actual execution.
Phases of Critical Management
1. Preparing for Critical Incidents
• This requires chief officers to consider current
management structures ensuring, where
possible, that:
• staff are trained effectively
• resources are available
• the quality of the police response reflects a
competent and accountable standard of
incident management
Phases of Critical Management
2. Managing Critical Incidents
• This considers how to identify critical
incidents early on. It includes processes to
ensure incidents are notified to the most
appropriate person, and that they are
managed effectively.
Phases of Critical Management
3. Restoring Public Confidence
• This considers incidents that have had a
significant impact on public confidence but
were not identified when the incident was
live, and how confidence may be rebuilt
through community engagement, resolution
or a public inquiry.
Characteristics of Critical Incident
1. Police Response
• An incident can escalate to a CI when the
police response to crime, disorder or anti-
social behavior (ASB) fail to meet the
expectation of the victim, their family and / or
the community.
Characteristics of Critical Incident
2. Community Impact
• A CI may have a significant and potentially
long-term impact on community engagement
and neighborhood policing. it may also
generate insecurity among vulnerable
member of the community and increase fear
of crime and disorder.
Stages in Disaster Management
1.Pre - Disaster Stage - Pro-active
Assessment. When there is no disaster or
calamity:
• Risk Mapping and identification of disaster-
prone areas;
• Identification of staging areas, evacuation
routes centers;
Stages in Disaster Management
• Disaster response drills, simulation
exercises;
• Capability audit (manpower, machines,
materials, money and methods);
• Community mobilization activities such as
sewerage clean-up, among others.
Stages in Disaster Management
2.Disaster Response Stage - Disaster
Incident Management (Level 2 - Red).
When there is an impending natural
calamity or when an unexpected human-
induced incident and natural calamity
occur:
Stages in Disaster Management
a) Natural Calamity
• Activation of Disaster Incident Management
Task Groups (DIMTG);
• Coordination with NDRRMC to support its
disaster response;
• Employment of alarm and warning systems;
• Pre-emptive evacuation;
• Provision of security.
Stages in Disaster Management
b) Human Induced Incident
• Activation of Critical Incident Management
Task Group (CIMTG);
• Coordination with NPOC-CMC;
• Evacuation of residents;
• Provision of security in crisis area and
support search.
Stages in Disaster Management
3.Post-Disaster Stage - Support to
Recovery and Rehabilitation Efforts (Level
3- White).
• Acquisition of Rapid Damage Assessment
and Needs Analysis (RDANA) reports from
concerned Disaster Risk Reduction and
Management Council of the affected areas;
Stages in Disaster Management
• Deployment of personnel for relief
operations;
• Provision of security and traffic assistance to
returning evacuees;
• Submission of Report to the Chief PNP copy
furnished DRRMC; and
• Deactivation of the DIMTG/ CIMTG when
the situation is already manageable.
Natural Disaster Escalation Protocol
(DIMTG)
DIMTG Activation Level Conditions or Situations
Two or more barangays or the entire
CPS/MPS Level
CPS/MPS
Two or more CPS/MPS or the entire
PPO/CPO Level
PPO/CPO
Two or more Districts/PPOs/CPOs or the
PRO Level
entire PRO

NHQ Level Two or more PROs


Human-Induced Escalation Protocol
(CIMTG)
CIMTG Activation Level Conditions or Situations
a. Local PNP and Local CMC are in control of the situation; and
Municipal/City Numbered
PS b. Appropriate resources are available and capable at either
Municipal or Barangay Level.
a. Local PNP at the Municipal/City Level are unable to resolve the
crisis within their capabilities;

b. Municipal/City CMC recommends elevation of the crisis level;


Provincial/District
PPO/DPO
c. Situation requires employment of security forces and utilization of
resources of the provincial level organization and beyond; and
d. Incident affects two or more municipalities within the same
province/district.
Human-Induced Escalation Protocol
(CIMTG)
CIMTG Activation Level Conditions or Situations
a. Situation requires employment of security forces and utilization of
resources of the Regional level organizations
Regional (PRO/NCRPO) b. Upon the recommendation of the Provincial CMC;
c. Incident involves foreign nationals, either perpetrators or victims; and
d. Incidents affects two or more provinces/districts within the same region
a. Terrorism attach resulting into mass casualties;
b. Upon recommendation of the Regional CMC;
c. Incident involves foreign national/s, either perpetrators or victims;

d. National Security issues are at stake, such as food, water, energy, critical
National (NHQ) transportation and communication structure, and environment are threatened;
and

e. Incident affects NCR, or two or more regions. However, the Task Group
Commanders/RDs remains in command in their respective PRO.
WEEK 15
CRITICAL INCIDENT
MANAGEMENT
Principles
Critical Incident Management
• provide a response which satisfies the needs
of the victim, their family and the
community,
• provides an effective and proportionate
outcome to an incident.
• ensure that incidents which are likely to
escalate into a CI are not missed.
Principles
Critical Incident Management
• recognizes the fundamental importance of
community confidence and trust in the
police response to CIs, and applies equally
to serious, less serious and internal
incidents.
Incident Command System (ICS)
The ICS, provided under National Crisis
Management Core Manual, is structured on
six major functional areas: Command,
Operations, Planning, Logistics, Finance,
Administration and Intelligence/
Investigation as an optional seventh
functional area that is activated on a case-
to-case basis.
Alert Levels Human-Induced CI
• Level 1 (Low) –no information to suggest a
specific HICI may occur.
• Level 2 (Moderate) –HICI is possible, but not
likely.
• Level 3 (High) –strong possibility that HICI
may occur within a short period of time.
• Level 4 (Extreme) – HICI has just occurred or
has just been pre-empted.
US Homeland Security Terror Threat Meter
REVISED PHILIPPINE NATIONAL
POLICE OPERATIONAL PROCEDURES
(2021)
4.1 PNP Critical Incident Management
Operational Procedures (CIMOP)
4.2 Hostage Situation
4.3 Bomb Threat and Bomb Incident
Emergency Response
a. Procedures for FR Upon Receipt of Any
Bomb Threat.
b. Procedures for FR if a suspected item is
found and the EOD/K9 recommended an
evacuation from the affected area.
4.3 Bomb Threat and Bomb Incident
Emergency Response
c. Procedures for FR if the EOD/K9 confirmed
the presence of an explosive component or
Improvised Explosive Device (IED).
d. Procedures for FR in Case of Bomb
Explosion.
4.4 Civil Disturbance Management (CDM)
Operations
a. General Guidelines
b. Specific Guidelines
c. CDM Operational Tasks
d. CDM Operational Approaches
4.5 Public Assembly
a. Policies
b. Police Response
1) During Planning Stage
2) During Initial and Peaceful Stage
3) During Breach of Peace/Confrontational
Stage (With or without permit)
4) During Violent Stage
5) Post-Operation Stage
4.5 Public Assembly
c. Dispersal of Public Assembly with Permit
d. Dispersal of Public Assembly Without Permit
e. Prohibited Acts
f. Guidelines in dealing with Assemblies,
Rallies, Demonstrations and Marches
4.6 Procedures for Responding PNP
Personnel in Enforcing Quarantine
Measures to Manage Health Hazards
a. Initial Response Upon the Impact of Health
Hazard
b. When the Health Hazard Becomes
Widespread and has Affected Many
Communities
4.6 Procedures for Responding PNP
Personnel in Enforcing Quarantine
Measures to Manage Health Hazards
c. Other Activities Relative to Public Safety and
Security
d. Arrest of Violators in Relation to Health
Hazard Laws, Guidelines and Protocols
WEEKS 16
HOSTAGE SITUATION
Hostage situation refers to a set of
circumstances, wherein a suspected law
violator holds a person captive with the use
of force and threat of violence, while the
law enforcement officers are in close
contact with the suspect and his captives.
Hostage refers to an individual who has been
held by the perpetrators against his/ her
will.
Hostage-taker refers to an individual or
group of persons who hold another
person(s) against his/her/their will as
bargaining chips for purposes of
demanding certain amount of money, self-
protection, thwarting any police action, or
pursuing personal interest or that of the
general public.
Hostage-taking refers to a situation in
which the perpetrators hold person(s)
captive against their will as bargaining
chips in a known location, refusing the
demands of the authorities to surrender.
Hostage Negotiation is the art of
communication with a person in crisis, the
primordial objective of which is to save
lives.
Negotiator is a trained PNP personnel or any
person authorized by the Incident/On-
Scene Commander to negotiate for and in
behalf of the police.
Courier is the person delivering the
concessions which purports to be that
being demanded by the offenders.
Crisis Intervention focuses on studying an
individual’s life in order to defuse the
destructive effects of the unusual stress
being experienced, and then assisting
the individual in crisis to go back to his or
her normal condition before the crisis.
Incident/On-Scene Commander is the senior
officer in command of the incident.
Crisis Negotiation is the use of communication
techniques and strategies to influence a
person to change his/her behavior in
accordance with goals within legal, ethical
and moral constraints.
Hot debrief is the short debriefing conducted
by negotiating team prior to turn- over
to another set of negotiating team.
Intermediary is any person authorized by
the Incident/On-Scene Commander to
communicate with the hostage-takers
either upon the request of the latter or to
facilitate smooth communication between
the designated negotiators and the
hostage-takers. All actions of the
intermediary are supervised by the
negotiators.
Kidnapper is an individual or group of persons
who kidnapped or held another person
against his/her will as bargaining chips
for purposes of demanding certain
amount of money, self-protection, thwarting
any police action or pursuing personal
interest.
Stronghold is any location or structure, fixed
or mobile, where the hostage is being held.
Hostage Barricade Situation
• is an incident where a person or in this
case a hostage taker, maintains a
position of cover or concealment and
ignores or resists law enforcement
personnel, and it is reasonable to believe
the subject is armed with a dangerous or
deadly weapon.
• Concepts:
• The hostage-takers have placed themselves
willingly or unwillingly in direct
confrontation with the authorities and
therefore they must be prepared to deal
with them. Since there is a confrontation, it
is safe to conclude that the hostage-takers
are willing to discuss the situation.
• It is not in the interest of the hostage-takers
to get violent. They do not take hostages
with the expressed purpose of taking their
hostages' lives. They do it in order to
coerce the authorities to behave in certain
ways and eventually to exchange re
hostages for something they want.
Categories of Hostage Takers
• Persons in crisis are people who take
hostages during a period of prolonged
frustration, despair and problems.
• Psychotics are mentally-ill people who take
hostage during a period of psychiatric
disturbance.
• Common criminals are people who take
hostages for personal reason.
Categories of Hostage Takers
• Prisoners are people who take hostage
because of dissatisfaction and discontent
regarding their living condition in prison.
• Political terrorists are people who take
hostages because of political and
ideological beliefs.
Motives Behinds Hostage-Taking
• In political terrorism, one reason is to show the
public that the government is unable to
protect its own citizens.
• Nations in conflict often seek peace after
exchange of hostages as a guarantee of
reciprocity.
• In urban guerrilla warfare, hostages are taken
with little regard for law and order.
Motives Behinds Hostage-Taking
• Hostage-taking guarantees immediate media
coverage, and after repeated hostage
incidents, it is the hope of the hostage-
takers that the government might overreact
and become excessively restrictive with its
own citizens, thus causing civil discontent
and the emergence of a grassroots
movement to overthrow the government.
Motives Behinds Hostage-Taking
• Law enforcement officers are likely to
encounter hostage incidents that involve
either criminals or mentally-disturbed
perpetrators.
• A husband or wife may take a child hostage in
custody battles.
• A mentally disturbed person may take
hostages in order to right what he believed to
be wrong.
Hostage Takers’ Demand
• Negotiable like food, cigarettes, drinks,
alcohol, transportation, media coverage,
freedom.
• Non-Negotiable like weapons, ammunitions,
drugs, release of prisoners, exchange of
hostages.
Four Courses of Action by the IC
• amass officers and massive firepower and
assault.
• use selective sniper fire.
• use chemical agents.
• contain the area and negotiate through a
specially trained negotiator.
ICER Method
This pertains to the actions that needs to be
done by the first responder upon arriving
on the hostage taking scene. These are:
I- Isolate
• Isolate physical and psychological activities
on the scene and keep onlookers beyond
the safety line.
ICER Method
C- Contain
• Contain the hostage-taker's mobility to the
smallest location in the building or exterior
area and deny him the opportunity to
observe the presence of police and their
activities. This restricts the hostage-taker
within the confines of the inner perimeter
and allows time for crisis stabilization.
ICER Method
E-Evaluate
• Evaluate the situation because the original
report may or may not be what the situation
actually is. The evaluation of the situation
includes:
• Gathering as much cursory information as
possible.
ICER Method
• Assessing the threats; and
• Estimating the location of
the command
post as well as the number and
proposed positions of back up officers
needed to establish a temporary inner
perimeter.
ICER Method
R- Report
• Report the number and identities of hostage-
takers and hostages, along with their clothing
descriptions, precipitating events, size and
locations of dangerous zones. Afterwards,
inform other responding officers of
recommended entry routes, types of weapons
involved, and directions or line of fire.
Factors To Consider
1. Intelligence Gathering - identifying the
parties and determining the hostage
taker’s capabilities to resist an assault.
2. Motive - identification of what type of
hostage-taker/s are involved.
3. Hostage Location - identification of the
exact location of the hostages and how
they are secured.
Factors To Consider
4. Setting - detailed knowledge of the hostage
scene's vicinity and a complete
reconnaissance of the hostage area.
5. Formulation of the Plan - in case assault is
the final option, it must be planned at a
time that permits the assault team to take
their position without detection and limits
the hostage-takers' ability to resist.
Why Hostage-takers surrender
• Exhaustion and boredom;
• Fear of the assault by the police;
• Collapse of morale and/or motivation;
• Disagreement among hostage-takers;
• The feeling of abandonment;
• Occurrence of medical problems during the
process;
• Conviction of futility of persistence;
Why Hostage-takers surrender
• Decision of fighting another day - court and
prison;
• Achievement of the goal -publicity;
• Development of confidence in the judicial
process;
• Recognition by the police of the impossibility of
demands they made;
Why Hostage-takers surrender
• Assurance of a peaceful surrender into
custody;
• Conviction that harm to hostages is unhelpful
to their "cause“;
• Guarantee of safe passage out of the
stronghold;
• Expectation of early release or rescue;
• Intervention of intermediaries;
Why Hostage-takers surrender
• Expectation of political asylum;
• Direction of group leaders;
• Assault by arrangement; and.
• Backstage political agreement
WEEKS 17
HOSTAGE SITUATION
Principles
1.The hostage has no value to the hostage
taker. The former’s only value is a tool for
the latter to get what he wants, not from the
hostage but from the authorities.
2.The priorities in hostage situations are
preservation of life, the apprehension of the
hostage taker and the recovery and
protection of properties.
Principles
3. A hostage situation must not conclude
violently, for the interest of the hostage, the
hostage taker and the authorities. If the
final option is needed then the authorities
must always come out the victor.
Principles
4. To successfully negotiate, there must be a
need for the negotiator to place himself in
the shoes of the hostage taker. This is
because a hostage taker who is bent on
killing himself is a non-negotiable case.
Negotiation
• It is a process in which two or more persons,
groups or entities with conflicting interests
voluntarily engage in a dialogue or
discussion in order to arrive at an
agreement that will benefit all the parties
concerned;
Negotiation
• It is not about winning an argument in order to
get what you want. It is about working with
the other party or parties so that everyone
gets what they want; and
Negotiation
• The key word is compromise. This means that
those concerned must be willing to
concede to each other’s request or
demands, to give in and to give up certain
things to come up with an agreement
agreed by consensus.
Basic Concept of Hostage Negotiation
1.The primary concern for every negotiation
should always be for the safe release of
the hostages and safe surrender of the
hostage-takers or arrest of the
perpetrators, as such, all policies and
guidelines pertaining hostage and
kidnapping incidents should be consistent
with this policy.
Basic Concept of Hostage Negotiation
2.Negotiations must never be regarded as a
perfunctory precursor to a tactical option.
Negotiations should offer the best options
for the hostages, the hostage-takers and
the police.
Basic Concept of Hostage Negotiation
3.Negotiation must be conducted in accordance
to the policy of no substantive concession.
The following shall not be provided in
exchange for the safe release of the
hostages:
• Release of prisoners serving sentences in
prison;
Basic Concept of Hostage Negotiation
• Major policy or constitutional changes;
• Escape from prosecution of any person; and
• Capitulation by any authority.
Steps in the Negotiation Process
1. All of the players should be clear with their
interests and demands
2. Identify and acknowledge all conflicts and
issues which need to be resolved
3. Agree on a common goal
4. Bargain for a better deal
5. Trade concessions
Steps in the Negotiation Process
6. Try to resolve the issues and problems of all
those concerned
7. Compromise
8. Conclude with a formal or written agreement
Negotiation Stages
1. The Preliminary Stage
• Create a climate conducive to the positive
exchange of views and issues such as
resolving all past disputes/ conflicts;
• Establish rapport; and,
• Get agreement on agenda and ground rules.
Identify issues and roles. Establish
timelines.
Negotiation Stages
2. The Opening Stage
• Opening position or initial offer must be
clearly stated; and,
• The other party's opening position or initial
demand must be clarified and must be
tested in a logical and rational manner.
Negotiation Stages
3. The Exploratory Stage
• Identify the other party's underlying
demands and needs through active
listening and probing through asking
questions; and
• Test alternative currencies of exchange must
be tested. Concessions and compromises
must be made in order to arrive at a meeting
point or an agreement.
Negotiation Stages
4. The Conclusion or the Closing Stage
• Currencies (or terms) must be matched to the
needs. Agreement must be formalized after
resolving the potential problems and all
lingering concerns; and
• Ensure that what has been agreed upon is
enacted or implemented as planned using the
appropriate form such as a contract or a
memorandum of agreement.
Objectives of Negotiations
According to the PNP Hostage Negotiators
Handbook
• The safe release of the hostage;
• The safe hand over of the perpetrators;
• Arrest of the perpetrators;
• Minimize harm to both the hostage and the
hostage-takers; and
• Minimize damage to properties.
Objectives of Negotiations
For the purposes of gaining tactical advantage
• To gather intelligence from the stronghold;
• To gain enough time for the assault
preparation;
• To establish routine among the perpetrators;
• To build rapport with the perpetrators;
• To build stability within the stronghold; and
• To provide time to explain the police activity to
the perpetrators and the hostages.
Buying Time In Hostage Negotiation
Buying time will allow negotiators to gain
needed information to assess the situation
and have an effective negotiation with the
hostage takers. It provides negotiators
ample space to exercise his/her expertise
and eventually achieve his/her goals.
Effects
1. Police - Time allows the police to assemble its
resources, draw a detailed plan on its actions
and increases opportunity for external and
internal intelligence gathering. However, it will
also bring additional problems on the possible
arrival of more media practitioners, increase
cost of operations and more stress and
exhaustion on the part of the police
personnel.
Effects
2. Hostage - For the hostages, time allows the
increases human needs, identifies as an
individual, reduces anxiety, exhaustion,
boredom increase opportunity for escape
and increase opportunity for bonding.
Effects
3. Hostage-takers - Time allows and increases
rationality among the perpetrators, the
need for food, water or anything which they
think could remove those that destruct their
concentration or make them comfortable.
Time might also reduce expectations and
increase suspicions or doubts on the police
intentions.
Qualities of a Negotiator
1. Communication. The negotiator should be
articulate, able to speak clearly and
concisely, to communicate with a variety of
different people in different situations with
ease, pitching the style of conversation to
suit the audience.
Qualities of a Negotiator
2. Cognitive Skills. The negotiator should be
mentally agile, astute logical, rational and
incisive.
3. Relationship with People. The negotiator
must be able to work cooperatively as part
of a team, consulting, listening, referring
and encouraging.
Qualities of a Negotiator
4. Professional Competence. The negotiator
should have a sound operational
background and breadth of experience.
5. Personal Qualities. The negotiator should
have good emotional control and the ability
to cope with stress, always remaining calm
and even tempered.
PNP Procedure in Hostage Situation
• Activate a Critical Incident Management
Committee (CIMC);
• Secure and isolate the incident scene;
• Ensure the control of communication lines and
simultaneously ensure that all other lines
are cut off, along with electricity and water
supply to allow for maximum bargaining;
PNP Procedure in Hostage Situation
• Bar unauthorized persons from entering and
exiting the incident scene;
• Record the witnesses' names, addresses, and
other information;
• Direct the witnesses to a safe location
• Evacuate all victims/injured persons
immediately when the opportunity permits;
PNP Procedure in Hostage Situation
• Ensure that the arrest of the perpetrator shall
be the last paramount concern; and
• Conduct debriefing immediately after the
conclusion of the incident.
Stockholm Syndrome
The term was introduced to describe the
unexpected reactions of hostages both during and
after an armed raid on the Sveriges Kredit Bank in
Stockholm in 1973. Over a 6-day period, it was
noted that the four hostages (three female) began to
develop positive feelings towards their male captors
and vice versa. After their release, the hostages
even set up a fund to pay for their captors' legal
defense fees.

You might also like