LECTURE ON

ALTERNATIVE
DISPUTE RESOLUTION
AND CRISIS
MANAGEMENT

ROMEO M. CAPUDOY II MSCRIM,

CBS
Babe, pag usapan natin to? Please?
Hon, wag ka nmn padalos dalos sa
desisyon mo? Ayusin natin to?
Hiwalay kung Hiwalay! Sawa na
ako! Lagi nalang Ganito!
Restorative justice is an approach
to justice in which the response to a
crime is to organize a meeting
between the victim and the
offender, sometimes with
representatives of the wider
community.
 GOAL OF RESTORATIVE JUSTICE

The goal is for them to share their experience

of what happened, to discuss who was harmed
by the crime and how, and to create a
consensus for what the offender can do to
repair the harm from the offense. This may
include a payment of money given from the
offender to the victim, apologies and other
amends, and other actions to compensate
those affected and to prevent the offender
from causing future harm.
 Conflict

- a struggle between people. The struggle may be

physical, or between conflicting ideas.

-Latin "conflingere" means to come together for

a battle.

-Conflicts can either be within one person, or

they can involve several people or groups.
Conflict
Theories
 Social Conflict Theory

Karl Marx is the father of the social conflict

theory,

- a theory that society is in a state of perpetual

conflict because of competition for limited
resources.

- Conflict theory holds that social order is

maintained by domination and power, rather
than by consensus and conformity.
 Feminist Theory

An approach that recognizes women's

political, social, and economic equality
to men
 Race-Conflict Approach

A point of view that focuses on

inequality and conflict between
people or different racial and
categories.
Concept of
Conflict
Resolution
Conflict resolution is
conceptualized as the methods
and processes involved in
facilitating the peaceful ending
of conflict and retribution.
The term conflict resolution
may also be used
interchangeably with dispute
resolution, where arbitration
and litigation processes are
critically involved.
The concept of conflict
resolution can be thought to
encompass the use of nonviolent
resistance measures by
conflicted parties in an attempt
to promote effective resolution.
Cognitive Resolution

- is the way disputants understand

and view the conflict, with beliefs,
perspectives, understandings and
attitudes.
Emotional resolution

- is in the way disputants feel

about a conflict, the emotional
energy.
 THE ALTERNATIVE
DISPUTE
RESOLUTION
SYSTEM IN THE
PHILIPPINES
(Republic Act No. 9285)
REASONS FOR THE
ENACTMENT OF
REPUBLIC ACT 9285
1. To promote party autonomy
in the resolution of disputes or
the freedom of the parties to
make their own arrangements to
resolve their disputes;
2. To encourage and actively
promote the use of Alternative
Dispute Resolution ("ADR") as
an important means to achieve
speedy and impartial justice and
to declog court dockets;
3. To provide means for the use
of ADR as an efficient tool and
an alternative procedure for the
resolution of appropriate cases;
and
4. To enlist active private sector
participation in the settlement of
disputes through ADR.
Terms to Ponder
 Alternative Dispute Resolution

- a means to achieve speedy and

impartial justice to declog court
dockets.
 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.
 Arbitration

- means a voluntary dispute resolution

process in which one or more
arbitrators, appointed in accordance
with the agreement of the parties or
these rules resolve a dispute by
rendering an award.
 Arbitrator

- the person apointed to render an

award, alone or with others in a
dispute that is the subject of an
arbitration agreement.
 Arbitration Agreement

- means an agreement by the parties to submit

to arbitration all or certain disputes which
have arisen, or which may arise between them
in respect of a defined legal relationship,
whether contractual or not. An arbitration
agreement may be in the form of an
arbitration clause in a contract or in the form
of a separate agreement.
Authenticate

- means to sign, execute, adopt a symbol or encrypt

a record in whole or part, intended to identify the
authenticating party and to adopt, accept or
establish the authenticity of a record or term.
The goal is for them to share their experience of
what happened, to discuss who was harmed by the
crime and how, and to create a consensus for what
the offender can do to repair the harm from the
offense. This may include a payment of money
given from the offender to the victim, apologies and
other amends, and other actions to compensate
those affected and to prevent the offender from
causing future harm.