DISPUTE RESOLUTION

AND
CRISES/ INCIDENTS MANAGEMENT

PREPARED BY:
JENNISA N. GACO, RCRIM
 WHAT IS DISPUTE?

 To engage in argument
 Any conflict or disagreement
 WHAT IS RESOLUTION?

 The ACT or process of resolving

 Act of solving the problem
 WHAT IS DISPUTE RESOLUTION?

 Process of resolving a disagreement or

conflict between two (2) parties. It can
happen through NEGOTIATION, MEDIATION
or ARBITRATION.

 Solving a conflict without having to go to

court.

“CONFLICT RESOLUTION”
INTRODUCTION TO
DISPUTE
RESOLUTION
 1. RESTORATIVE JUSTICE

 is an approach to justice in which a new

movement in the fields of victimology and
criminology. Acknowledging that crime causes
injury to people and communities.

 it insists that justice repair those injuries and

that the parties be permitted to participate in
that process.
 1. RESTORATIVE JUSTICE

 Is a valued-based approach focused on

determining harm resulting from crime, what
needs to be done to REPAIR the harm, and who
is responsible for repairing the harm
 2. RETRIBUTIVE JUSTICE

 view crime as an act against the state and a

violation of law. The control lies in the criminal
justice system and the community becomes a
sideline, represented by the state.

 is an approach focused on determining what

law was broken, who broke it, and how they
should be punished.
 RESTORATIVE JUSTICE
VS
RETRIBUTIVE JUSTICE

 RESTORATIVE JUSTICE views crime as an

accountability by both individual and the
society. PUNISHMENT is NOT an effective
means of changing behavior because it disrupts
community harmony and good relationship.
 RETRIBUTIVE JUSTICE views crime as an
individual act and individual responsibility and
the OFFENDER SHOULD BE PUNISHED in order
to deter crime and change behavior.
 3. TRANSFORMATIVE JUSTICE

 is a general philosophical strategy for

RESPONDING to conflicts. It takes the
principles and practices of restorative justice
beyond the criminal justice system.

 concerned with root causes and comprehensive

outcomes. It is akin to healing justice more
than other alternatives to imprisonment.
 WHAT IS REPUBLIC ACT 9285?

 Known as Alternative Dispute Resolution

(ADR) Act

 provides the same perspective the opportunity

of providing freedom of the parties to decide at
their own expense while resolving the dispute.

Approved by our Former President GLORIA

MACAPAGAL ARROYO on APRIL 2, 2004
 ALTERNATIVE DISPUTE
RESOLUTION (ADR)
 is an efficient tool and an alternative procedure
for the resolution of appropriate cases while
enlisting the active private sector participation
in the settlement of disputes
 Lesson 1:
Conflict Theories and its Types,
Conflict Resolution Strategies
and Alternative Dispute
Resolution System in the
Philippines
 WHAT IS CONFLICT?

 is a struggle between people. It may be

physical, or between conflicting ideas.

 It can either be within one person, or they can

involve several people or groups. It is a natural
disagreement arising between two or more
people. It exists when they have incompatible
goals and one or more believe that the
behavior of the other prevents them from their
own goal achievement. CONCEPT OF CONFLICT?
 WHAT IS CONFLICT?

 It comes from Latin term "CONFLINGERE"

means “to come together for a battle”

CONCEPT OF CONFLICT?
 CONFLICT THEORIES

 Are perspectives in SOCIOLOGY and SOCIAL

PSYCHOLOGY that emphasize a materialist
interpretation of history, dialectical method of
analysis, a critical stance toward existing social
arrangements, and political program of
revolution or, at least, reform. Conflict theories
draw attention to power differentials, such as
class conflict, and generally contrast historically
dominant ideologies.
CONCEPT OF CONFLICT?
 WHO IS KARL MARX?

“Father of Social Conflict Theory”

 which is a component of the four major
paradigms of sociology. Certain conflict
theories set out to highlight the ideological
aspects inherent in traditional thought. While
many of these perspectives hold parallels,
conflict theory does not refer to a unified
school of thought, and should not be confused
with, for instance, peace and conflict studies,
or any other specific theory of social conflict.
 TYPES OF CONFLICT THEORY

1. Critical theory
2. Feminist theory: An approach that
recognizes women's political, social, and
economic equality to men.
3. Postmodern theory: An approach that is
critical of modernism, with a mistrust of
grand theories and ideologies.
4. Post-structural theory
5. Postcolonial theory
 TYPES OF CONFLICT THEORY

6. Queer theory: a growing body of research

findings that challenges the heterosexual
bias in Western society.
7. World systems theory
8. Conflict Approach: A point of view that
focuses on inequality and conflict between
people of different racial and ethnic
categories.
MODERN CONFLICT
APPROACH
Charles Wright Mills (1916-1962)
 an American sociologist, and a professor of
sociology at Columbia University from 1946
until his death in 1962.

 Mills was published widely in popular and

intellectual journals, and is remembered for
several books such as The Power Elite
 POWER ELITE
 In which it introduced the term and describes:
the relationships and class alliances among the
US political, military, and economic elites:
WHITE COLLAR: The American Middle Classes,
and The Sociological Imagination, which
presents a model of analysis for the
interdependence of subjective experiences
within a person's biography, the general social
structure, and historical development.
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.
KENNETH THOMAS AND RALPH KILMANN

developed Five Conflict Resolution Strategies that

people use to handle conflict, including avoiding,
defeating, compromising, accommodating, and
collaborating.

“Thomas- Kilmann Instrument

(TKI) Conflict Strategies”
- it is used to handle conflicts
 In CONFLICT SITUATIONS an individual’s
behavior can be described along with two
(2) dimensions

 ASSERTIVENESS
 COOPERATIVENESS
 ASSERTIVENESS VS COOPERATIVENESS

 ASSERTIVENESS: extent to which the concern

of the people attempts to SATISFY their OWN
concerns.

 COOPERATIVENESS: extent to which the

concern of the people attempts to SATISFY the
OTHER person’s concern
THE FIVE (5)
CONFLICT
RESOLUTION
STRATEGIES
Conflict Resolution Strategy #1: AVOIDING

 AVOIDING is when people just ignore or

withdraw from the conflict. They choose this
method when the discomfort of confrontation
exceeds the potential reward of resolution of
the conflict. While this might seem easy to
accommodate for the facilitator, people aren't
really contributing anything of value to the
conversation and may be withholding
worthwhile ideas. When conflict is avoided,
nothing is resolved.
 Conflict Resolution Strategy #2:
COMPETING
 COMPETING is used by people who go into a
conflict planning to win. They're assertive and
NOT cooperative. This method is characterized
by the assumption that one side wins and
everyone else loses. It doesn't allow room for
diverse perspectives into a well-informed total
picture. Competing might work in sports or
war, but it's rarely a good strategy for group
problem solving.
 Conflict Resolution Strategy #3:
ACCOMMODATING
 ACCOMMODATING is a strategy where one party
gives in to the wishes or demands of another. They're
being cooperative but NOT assertive. This may
appear to be a gracious way to give in when one
figures out she has been wrong about an argument.
It's less helpful when one party accommodates
another merely to preserve harmony or to avoid
disruption. Like avoidance, it can result in
unresolved issues. Too much accommodation can
result in groups where the most assertive parties
commander the process and take control of most
conversations.
 Conflict Resolution Strategy #4:
COLLABORATING
 COLLABORATING is the method used when people
are both assertive and cooperative. A group may
learn to allow each participant to make a
contribution with the possibility of co-creating a
shared solution that everyone can support. A great
way to collaborate and overcome conflict is to
reach out and touch them.

“work JOINTLY on activity to produce something”

 Conflict Resolution Strategy #5:
COMPROMISING
 Another strategy is COMPROMISING, where
participants are PARTIALLY assertive and
cooperative. The concept is that everyone gives up
a little bit of what they want, and no one gets
everything they want. The perception of the best
outcome when working by compromise is that
which "splits the difference”.

 COMPROMISE is perceived as being fair, even if no

one is particularly happy with the final outcome.
 "SPLITS THE DIFFERENCE”

 Both parties agree on a price/ benefits that is

MIDWAY (meeting halfway)
 Done to resolve resolution EFFECTIVELY
 Middle ground resolutions to resolve dispute fairly
 Even NO ONE is particularly SATISFY with the final
RESULT/ DECISION
 LESSON 2:
ALTERNATIVE DISPUTE
RESOLUTION (ADR)
SYSTEM IN THE
PHILIPPINES
(Republic Act No. 9285)
 POLICY OF THE STATE
The following statements provide the Policy of the
State as reference for the sustenance of social justice
and promotion of peace while making it at the early
stage of resolution.

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;
 POLICY OF THE STATE
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
 WHAT IS JUSTICE?

Refers to giving what is due to anybody,

preservation and respecting the rights
accorded by law to anybody.

“fair, equal and just”

 WHAT IS JUSTICE SYSTEM?

By operation, it means the processes and

procedures to be observed in the verification
and investigation of any untoward acts
committed by somebody that tarnishes
(degrade/ dishonor) the rights of somebody in
order to determine what is due to be awarded
to the affected person.
 WHAT IS WRITTEN STATEMENT?

Mean a document that a party prepares and

submits to an arbitral tribunal in arbitral
proceedings and which states the case of that
party.

 K.P Form # 14 (complainants or respondents)

 K.P Form #13 (witness/es)
WHAT IS AMICABLE SETTLEMENT?

 Friendly resolution of a conflict/ dispute

 Involves the parties making concessions
(compromise/agreement) and reaching
AGREEMENT
 Form of alternative dispute resolution that
follows an amicable (peaceful) approach and
results in the cordial closure of the case

“peaceful/ harmonious settlement”

 PUNONG BARANGAY

Refers to the CHAIRMAN of a BARANGAY duly

voted by its constituents, he held executive
authority over the barangay and uses his
authority to promote the welfare of the
barangay as a whole
 SANGGUNIANG BARANGAY

Refers to the barangay legislative body tasked

to develop ordinances to regulate the affairs of
the barangay
 LUPONG TAGAPAMAYAPA

“LUPON”
“a PANGKAT (group) duly organized by the
punong barangay to arbitrate of certain
complaints that were not successfully resolved
under the mediation of the punong barangay.
 PANGKAT TAGAPAGKASUNDO

“Conciliation Panels”
“PANGKAT”
(convene/ assemble NOT later than 3 days)
consisting of three (3) members who shall be
chosen by agreement of the parties to the
dispute from the list of membership of the
LUPON
 May issue summons for the personal
appearance of parties and witnesses
 BARANGAY

Refers not only to barrios which were declared

barangays by virtue of PD 557 but also to
barangays otherwise known as citizens
assemblies pursuant to PD 86 (creating
Barangays- Citizen Assemblies).
 BARANGAY CAPTAIN

Refers to the Punong Barangay of the Barrios

which declared barangay by the virtues of PD
557 and the Chairmen of Barangays otherwise
known as the CITIZENS ASSEMBLIES pursuant
to PD 86
 SECRETARY OF THE LUPON

The Barangay Secretary shall concurrently the

Secretary of the LUPON. He shall note the
results of the mediation proceedings before
the Barangay Captain and shall submit a report
to the proper city or municipal court.
 WHAT IS ALTERNATIVE DISPUTE
RESOLUTION (ADR)?
 a means to achieve speedy and impartial
justice to declog court dockets.
 This refers to any action sanctioned by law
to resolve a dispute in a manner that is
immediate and inexpensive, with an end in
view of restoring peace between two
affected parties.
“settling disputes outside the courtroom”
 ALTERNATIVE DISPUTE
RESOLUTION (ADR)
Two most common forms of ADR are
ARBITRATION and MEDIATION
 NEGOTIATION

“always attempted first to resolve a dispute”

It is the preeminent
(more important) mode of dispute resolution.

Allows the parties to meet in order to settle a

dispute.
 MEDIATION

 is also an informal alternative to litigation

(legal action/ trial)
 Most common form and most cost-effective
ways of resolving a dispute
 Involves negotiation facilitated by a neutral
3rd party
(15 days)
 MEDIATORS

“INDIVIDUALS trained in negotiations”

which bring opposing parties together and

attempt to work out a settlement or
agreement that both parties accept
(settlement) or reject/

(Lupon Tagapamayapa)
 CONCILIATION

The procedure through which the conciliator

informally tries to settle the dispute between
the parties and bring them to an agreement

(15 – 30 days)
(Pangkat Tagapagkasundo)
 ARBITRATION

Is like a court procedure because the parties

submit evidence similar to a trial where

 Agreement to arbitrate: within 5 days

 Arbitration award shall be made after the
lapse of the period for repudiation and
within 10 days
 WHAT IS ARBITRATION
AGREEMENT?
This refers an agreement by the parties to
submit to one or more arbitrators the
resolution of all or certain civil disputes which
have arisen or which may arise in respect or a
defined legal relationship and to abide by their
award “arbitral award”
WHAT IS ARBITRAL TRIBUNAL?

Mean a SOLE ARBITRATOR or a PANEL of TWO

(2) or MORE arbitrators, who based on an
arbitration agreement, conduct proceedings
and make an arbitral award in respect of civil
disputes subject thereto.
 ARBITRATOR

It means a lawyer duly admitted to the practice

of law in the Philippines and in good standing
who represents a party in any ADR process.
 REPUDIATION

Any party to the dispute may, within 10 days

from the date of settlement , repudiate
(reject) the same by filing with the Barangay
Captain a statement to that effect sworn to
before him where the consent is vitiated
(destroyed) by fraud, violence or intimidation.

 Sufficient basis for the issuance of

Certification for Filing a Complaint.
 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
(ADR) 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.
 AUTHENTICATE

means to sign, execute, adopt a symbol or

encrypt a record in whole or in part, intended
to identify the authenticating party and to
adopt, accept or establish the authenticity of a
record or term.
 AWARD

means any partial or final decision by

arbitrator in resolving the issue or
controversy.
 CONFIDENTIAL INFORMATION

means any information, relative to the subject

of mediation or arbitration, expressly
intended by the source not to be disclosed,
or obtained under circumstances that would
create a reasonable expectation on behalf of
the source that the information shall not be
disclosed.
 COUNSEL

means a lawyer duly admitted to the practice

of law in the Philippines and in good standing
who represents a party in any ADR process.
 COURT

means Regional Trial Court except insofar as

otherwise defined under the Model Law.
 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 June 21 1985.
 PROCEEDINGS

means a judicial, administrative or other

adjudicative process, including related pre
hearing or post hearing motions, conferences
and discovery.
 RECORD

means information written on a tangible

medium or stored in an electronic or other
similar medium, retrievable in a perceivable
form.
 ROSTER

means a list of persons qualified to provide

ADR services as neutrals or to serve as
arbitrators.
 Special ADR Rules

means the Special Rules of Court on

Alternative Dispute Resolution issued by the
Supreme Court on September 1, 2009.
 ARBITRATOR

It means a lawyer duly admitted to the practice

of law in the Philippines and in good standing
who represents a party in any ADR process.
 LESSON 3:
EXCEPTION IN THE
APPLICATION OF THE
ADR ACT (RA 9285)
The provisions of the ADR Act shall not apply
to the resolution or settlement of the
following:

A. labor disputes covered by PD 442,

otherwise known as the "Labor Code of the
Philippines, as amended", and its
Implementing Rules and Regulations;
B. the civil status of persons;
C. the validity of marriage;
D. any ground for legal separation;
The provisions of the ADR Act shall not apply
to the resolution or settlement of the
following:

E. the jurisdiction of courts;

F. future legitime;
G. criminal liability;
H. those disputes which by law cannot be
I. compromised; and
J. disputes referred to court-annexed
mediation.