Dispute Resolution

And
Crisis/Incident
z Management

Prepared by :
Princes Malou B. Bustillo, RCrim.
LECTURER
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DISPUTE RESOLUTION

refers to the methods and processes used to

resolve disagreements, conflicts, or disputes
between parties in a peaceful and satisfactory
manner. It involves various techniques and
approaches to facilitate communication, negotiation,
and decision-making in order to reach a resolution
that is acceptable to all parties involved.
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Alternative Dispute Resolution (ADR)

refers to various methods used to resolve
disputes and conflicts outside of traditional
court litigation. ADR processes are typically
less formal, more cost-effective, and faster than
litigation. They often involve a neutral third party
who helps the disputing parties reach a
resolution
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R.A 9285
 AN ACT TO INSTITUTIONALIZE THE USE OF AN
ALTERNATIVE DISPUTE RESOLUTION SYSTEM IN THE
PHILIPPINES AND TO ESTABLISH THE OFFICE FOR
ALTERNATIVE DISPUTE RESOLUTION, AND FOR
OTHER PURPOSES
 This act shall be known as the "Alternative
Dispute Resolution Act of 2004."
Declaration of Policy. It is the policy of the
z
State:

(a) To promote party autonomy in the resolution

of disputes or the freedom of the parties to make
their own arrangements to resolve their disputes;
(b) 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
 ADR System
z

is 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, in
which a neutral third party participates to
assist in the resolution of issues.
 ADR System
z

is 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, in
which a neutral third party participates to
assist in the resolution of issues.
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ADR Provider
means institutions or persons accredited
as mediator, conciliator, arbitrator,
neutral evaluator, or any person
exercising similar functions in any
Alternative Dispute Resolution system.
 Office
z
for Alternative Dispute Resolution
(OADR)
Powers of the OADR:
 To act as appointing authority of mediators and arbitrators
when the parties agree in writing that it shall be empowered to
do so;
 To conduct seminars, symposia, conferences and other public
fora and publish proceedings of said activities and relevant
materials/information that would promote, develop and
expand the use of ADR;
 To establish a training programs for ADR
providers/practitioners
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Here are some common methods of
dispute resolution:
1. Negotiation: This is a voluntary and informal process where the
parties involved discuss their issues and interests in order to reach
a mutually acceptable agreement. It often involves compromise and
finding common ground.

2. Mediation: Mediation involves the assistance of a neutral third

party, known as a mediator, who facilitates communication and
negotiation between the parties. The mediator helps them explore
options, understand each other's perspectives, and work towards a
mutually agreed-upon solution.
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CLASSIFICATIONS OF MEDIATION
1. NON-COURT ANNEXED
a. Ad hoc - Means any mediation other than
institutional or court-annexed
b. Institutional -When administered by and
conducted under rules of a mediation
institution
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2. Court-Annexed
a. Court-Annexed Mediation – Is any mediation
process conducted under the auspices of the
court, after such court has acquired jurisdiction
of the dispute.
b. Court-Referred Mediation – Is 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.
 z CASES SUBJECT TO CAM :
1. All civil cases, except those which by law may not be
compromised
2. Settlement of estates
3. Quasi-offenses
4. criminal case (penalty does not exceed 6 Years, and the
offended party is a private person
5. theft (NOT Qualified Theft)
6. Estafa (not syndicated or large scale estafa)
7. libel
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3. Arbitration: Arbitration is a more formal process where a neutral
third party, called an arbitrator, listens to the arguments and
evidence presented by both parties and makes a binding decision.
Arbitration is often used when the parties have agreed in advance to
abide by the arbitrator's decision.

4. Conciliation: It is the adjustment and settlement of a dispute in a

friendly, unantagonistic manner. Like mediation, conciliation is a
voluntary, flexible, confidential, and interest based process. The
parties seek to reach an amicable dispute settlement with the
assistance of the conciliator, who acts as a neutral third party.
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5. Litigation: Litigation involves resolving

disputes through the court system. It is a
formal process where the parties present
their case to a judge or jury, who then make
a legally binding decision. Litigation can be
time-consuming, costly, and adversarial.
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What are the benefits of using alternative dispute
resolution methods?
Cost-effective: ADR processes are generally more cost-effective
than litigation. They often involve lower legal fees, reduced court
costs, and less time spent on lengthy court proceedings. This can
be particularly beneficial for individuals and businesses with
limited financial resources.
Time-efficient: ADR processes are typically faster than litigation.
Parties have more control over the timeline, and they can
schedule sessions at their convenience. This allows for quicker
resolution of disputes, which is especially important for time-
sensitive matters.
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Flexibility and Informality: ADR methods offer more flexibility

and informality compared to traditional court proceedings. The
parties have greater control over the process and can tailor it to
their specific needs. This flexibility often leads to more creative
and mutually satisfactory solutions.
Preservation of Relationships: ADR methods prioritize
communication and collaboration between the parties. They
provide a more cooperative environment, which can help
preserve relationships, especially in ongoing or future business
or personal relationships. This is particularly valuable in family
disputes, commercial disputes, and workplace conflicts.
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Confidentiality: Many ADR processes, such as mediation and

negotiation, are confidential. This means that the discussions and
information shared during the process are kept private.
Confidentiality can encourage open and honest communication, as
parties feel more comfortable sharing their concerns and exploring
potential solutions.
Greater Control and Participation: ADR methods allow the
parties to have more control over the outcome of their dispute.
They actively participate in the process, express their needs and
interests, and have a say in the final resolution. This can lead to
higher satisfaction with the outcome compared to a decision
imposed by a judge or arbitrator.
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Katarungang Pambarangay

Katarungang Pambarangay, also known as

Barangay Justice System, is a local justice system
in the Philippines that aims to provide a quick,
accessible, and community-based resolution for
disputes at the barangay (village) level. It is
established under the Local Government Code of
1991 (Republic Act No. 7160).
Here zare some key points about Katarungang
Pambarangay:
Jurisdiction: Katarungang Pambarangay has jurisdiction over
disputes between individuals residing in the same barangay. It
covers a wide range of civil disputes, including but not limited
to personal conflicts, property issues, neighborhood disputes,
and minor criminal offenses.
Barangay Officials: The Barangay Chairman, also known as
Punong Barangay, is responsible for overseeing the
Katarungang Pambarangay proceedings. The Barangay
Chairman may be assisted by Barangay Kagawads
(Councilors) or other appointed individuals.
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Conciliation and Mediation: The primary method of dispute
resolution in Katarungang Pambarangay is conciliation and
mediation. The parties involved are encouraged to settle their
disputes amicably through dialogue, facilitated by the
Barangay Chairman or appointed mediators.
Barangay Conciliation Proceedings: If the parties cannot
reach a settlement through mediation, the Barangay
Chairman may conduct a formal conciliation proceeding.
During this process, the parties present their arguments and
evidence before the Barangay Chairman, who helps facilitate
a resolution.
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Barangay Conciliation Certificate: If the parties reach

a settlement, a Barangay Conciliation Certificate is
issued, which serves as proof of the agreement. The
settlement is binding and enforceable.
Access to Courts: If the parties fail to reach a
settlement during the Katarungang Pambarangay
proceedings or if one party refuses to participate, the
Barangay Chairman issues a Certificate to File Action.
This certificate allows the aggrieved party to file a case
in the appropriate court.
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Lupon Tagapamayapa
The Lupon Tagapamayapa, often simply referred to as
the Lupon, is an essential part of the Katarungang
Pambarangay (Barangay Justice System) in the
Philippines. The Lupon is composed of members who
are residents of the barangay and are tasked with
assisting in the resolution of disputes within their
community.
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Here are the key members of the Lupon:
Punong Barangay (Barangay Chairman): The Punong
Barangay serves as the ex-officio chairman of the Lupon.
They are responsible for overseeing the Lupon's operations
and conducting mediation or conciliation proceedings.
Lupon Members : The Lupon members are consist of up to
ten additional members who are appointed by the Punong
Barangay. These appointed members should be actual
residents of the barangay for at least six months, of legal
age, and possess integrity, impartiality, independence, and
good reputation.
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Secretary of the Lupon: The Secretary of the Lupon is
appointed by the Punong Barangay from among the Lupon
members. The Secretary is responsible for keeping records
of all proceedings and issuing official documents on behalf
of the Lupon.
Pangkat ng Tagapagkasundo (Conciliation Panel): For
each dispute, the Lupon Chairman forms a panel of three
members, known as the Pangkat ng Tagapagkasundo. This
panel conducts the actual mediation or conciliation process
and works closely with the disputing parties to arrive at a
mutually acceptable resolution.
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What is Restorative Justice
Restorative justice is an approach to justice that
focuses on repairing the harm caused by a crime or
conflict and addressing the needs of all parties
involved. It emphasizes healing, accountability, and
restoring relationships rather than solely punishing
offenders. Restorative justice seeks to bring
together victims, offenders, and the community to
actively participate in the resolution process.
Here are
z some key principles and components of
restorative justice:
Healing and Restoration: Restorative justice aims to address the
emotional, social, and material harm caused by the offense or
conflict. It seeks to support the healing and well-being of victims,
empower them to share their experiences, and provide
opportunities for offenders to take responsibility for their actions.
Inclusion and Participation: Restorative justice involves the
active participation of all stakeholders, including victims, offenders,
and their respective communities. It provides a platform for them to
express their needs, perspectives, and concerns, and to
collectively determine how to repair the harm caused.
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Dialogue and Communication: Restorative justice
emphasizes open and honest dialogue between the parties
involved. It creates a safe and respectful space for individuals
to share their experiences, ask questions, and express their
emotions. This process promotes understanding, empathy, and
the building of relationships.
Accountability and Responsibility: Restorative justice
encourages offenders to take responsibility for their actions and
understand the impact of their behavior on others. It provides
opportunities for them to make amends, make restitution, and
actively contribute to repairing the harm caused.
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Community Involvement: Restorative justice recognizes the

importance of involving the community in the resolution
process. Community members can provide support, guidance,
and accountability for both victims and offenders. They play a
role in reintegrating offenders back into the community and
promoting long-term healing and prevention.
Voluntary and Consensual: Participation in restorative justice
processes is voluntary and based on the consent of all parties
involved. It respects the autonomy and agency of victims and
offenders, ensuring that they have a choice in engaging in the
process.
Crisis/Incident
z
Management
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Crisis management refers to the process of

effectively handling and mitigating a crisis or
emergency situation that poses a significant
threat to an organization, its stakeholders, or
the public. It involves strategic planning,
coordination, and response to minimize the
negative impact of the crisis and restore
normalcy as quickly as possible.
Components of crisis management:
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Preparedness: Crisis management begins with proactive

planning and preparation. This includes identifying potential
risks and vulnerabilities, conducting risk assessments,
developing crisis management plans, and establishing a crisis
management team with defined roles and responsibilities.
Risk Communication: Effective communication is crucial
during a crisis. Organizations must have a communication
strategy in place to provide accurate and timely information to
stakeholders, including employees, customers, the media, and
the public. Transparent and consistent communication helps
manage expectations, address concerns, and maintain trust.
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Crisis Response: When a crisis occurs, the crisis management

team activates the established plan and implements the
necessary response actions. This may involve activating
emergency protocols, coordinating resources, and making critical
decisions to ensure the safety of individuals, contain the crisis,
and protect assets.
Coordination and Collaboration: Crisis management often
requires close coordination and collaboration with various internal
and external stakeholders, including emergency services,
government agencies, suppliers, and community organizations.
Effective coordination helps ensure a unified response and
maximizes available resources.
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Adaptability and Flexibility: Crises are often

unpredictable and dynamic, requiring
organizations to be adaptable and flexible in
their response. Crisis management teams must
continuously assess the situation, adjust
strategies as needed, and make informed
decisions based on the evolving circumstances.
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Learning and Evaluation: After the crisis has been resolved, it

is important to conduct a thorough evaluation and debriefing to
identify lessons learned and areas for improvement. This
feedback helps refine crisis management plans, enhance
preparedness, and build organizational resilience for future
crises.
Recovery and Rebuilding: Once the immediate crisis is under
control, attention shifts to the recovery phase. This involves
assessing the damage, initiating necessary repairs, supporting
affected individuals or communities, and implementing
strategies to restore operations and reputation.
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EMERGENCY

refers to a sudden and unexpected event that

poses a threat to life, health, property, or the
environment, requiring immediate action to mitigate
the situation. Emergencies can take various forms,
such as natural disasters (e.g., earthquakes,
hurricanes), accidents (e.g., fires, chemical spills),
medical emergencies, or security incidents.
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Crisis
An unplanned incident, or accident, either
initially or in a short period of time, expands
to a level that involves death, injuries, loss
or property, the involvement of the public,
high host, and a company of an organization
whose image is severely impacted.
Disaster
z

 Refers to a serious disruption of the

functioning of a community or society
involving widespread human, material,
economic or environmental losses and
impacts, which exceeds the ability of the
affected community or society to cope using
its own resources.
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The Main Stages of Crisis Management

Pre-Crisis Phase
Crisis Response
Post Crisis Phase
 Pre-Crisis
z Phase

The pre-crisis phase is concerned with prevention and

preparation.
 Prevention – involves seeking to reduce known risks that
could lead to a crisis. This is part of an Organization’s Risk
Management Program.
 Preparation – involves creating the Crisis Management
Plan, selecting and training the crisis management team
and conducting exercises to test the crisis management
plan and crisis management team.
Crisisz Response

 The crisis response is what management does and says

after the crisis hits. Public relations play a crucial role in
the crisis response by helping to develop the messages
that are sent to public.
 A great deal of research has examined the crisis
response. That research has been divided into two
sections:
- The initial crisis response
- Reputation repair and behavioral intentions
Post zCrisis Response

refers to the period after the initial response to a

crisis, when efforts shift towards recovery,
restoration, and learning from the experience. This
phase involves addressing the consequences of
the crisis, rebuilding affected areas, supporting
affected individuals or communities, and
implementing measures to prevent or better
respond to future crises.
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Here are key aspects of the post-crisis phase:

Damage Assessment: Conduct a thorough

assessment to determine the extent of damage
caused by the crisis
Recovery Planning: Develop a comprehensive
recovery plan that outlines the actions and strategies
needed to restore normalcy.
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Rebuilding and Restoration: Implement

measures to rebuild and restore affected areas,
infrastructure, and services.
Support and Assistance: Provide support and
assistance to individuals or communities affected
by the crisis. This can include access to healthcare,
mental health support, financial aid, temporary
housing, or employment assistance.
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Lessons Learned and Evaluation: Conduct a thorough
evaluation of the crisis response to identify strengths,
weaknesses, and areas for improvement. Assess the
effectiveness of the crisis management plan, communication
strategies, resource allocation, and coordination efforts.
Prevention and Preparedness: Implement measures to
prevent or better respond to future crises. This can include
updating emergency response plans, enhancing infrastructure
resilience, improving communication systems, conducting
training and drills, and fostering a culture of preparedness.
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In the field of criminology, crisis or incident
management refers to the study and application of
strategies and techniques to effectively respond to and
manage various types of crises or incidents. Here are
some key aspects of crisis/incident management
content in criminology:
1. Crisis Response Strategies: Criminology explores
different strategies and approaches to crisis response,
including crisis negotiation, tactical operations, crisis
communication, and de-escalation techniques.
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2. Hostage Situations: Criminology examines the

dynamics of hostage situations, including the motivations
of hostage-takers, negotiation tactics, risk assessment,
and the role of law enforcement in resolving such incidents
3. Terrorism and Counterterrorism: Criminology delves
into the study of terrorism and counterterrorism measures,
including the identification and analysis of terrorist
organizations, understanding the root causes of terrorism,
and developing strategies to prevent and respond to
terrorist incidents.
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4, Disaster and Emergency Management:

Criminology examines the management of disasters
and emergencies, including natural disasters,
technological accidents, and public health
emergencies.
5. Critical Incident Analysis: Criminology involves
the analysis and evaluation of critical incidents, such
as mass shootings, serial killings, or other high-
profile crimes.
6. Riskz Assessment and Threat Analysis: Criminology explores
methods of risk assessment and threat analysis to identify potential
threats, evaluate their likelihood and potential impact, and develop
strategies to mitigate risks and prevent incidents.
7. Crisis Communication and Public Safety: Criminology
examines the role of effective communication in crisis situations,
including crisis communication strategies, public safety messaging,
media relations, and the management of public perception during
and after crises.
8. Ethical Considerations: Criminology addresses the ethical
dilemmas and considerations in crisis and incident management,
including issues related to the use of force, decision-making under
pressure, the protection of human rights, and the balance between
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OVERVIEW ON HOSTAGE NEGOTIATION

1. Hostage Taking – the unlawful taking of a person against his

will and used as a bargaining chip in order to meet the demand
of a suspect
2. Hostage Negotiation – the art of communication with a person
in crisis, the primordial objective of which is to save lives.
3. Hostage Negotiator – the spokesperson for the
police/government who is directly engaged in talking with the
suspect.
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Why negotiate?
Negotiation is the preferred option for the
resolution of high risk situations. The aim is to
achieve a peaceful resolution to a situation
without loss of life, injury to any person, or
damage to any property.
Hostage Negotiation Team
z
a. Primary investigator – direct contact with the hostage
taker
b. Secondary investigator – assistant of primary and relay
any info to commander
c. The coach – usually a psychologist who observe and
assess the psychological status of hostage taker.
d. The intelligence coordinator – collects data pertinent
to hostage taker, the situation and any circumstances
crucial to negotiation.
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Hostage Incident

A hostage-taking incident refers to a

situation where individuals, known as
hostages, are held against their will by one
or more perpetrators, often with demands
or objectives they want to achieve.
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Perpetrators: The hostage-takers are

individuals or a group who have taken control
of the situation and are holding hostages.
Hostages: Hostages are individuals who are
unlawfully detained or held captive by the
perpetrators. Hostages may be chosen
randomly or targeted based on specific
criteria.
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Objectives: The hostage-takers often have specific

demands or objectives they want to achieve. These can
range from political or ideological demands, ransom
requests, release of prisoners, or attention to a particular
cause.
Negotiation: Negotiation is a critical component of
resolving hostage-taking incidents. Trained negotiators,
often from law enforcement or specialized crisis response
units, engage in communication with the hostage-takers to
establish rapport, gather information, and work towards a
peaceful resolution.
Law Enforcement
z Response: Law enforcement agencies play a crucial
role in managing hostage-taking incidents. They establish a command
center, secure the perimeter, gather intelligence, and coordinate the
response.
Safety and Welfare of Hostages: Ensuring the safety and welfare of
hostages is the top priority in any hostage-taking incident. Law
enforcement agencies and crisis response teams work to minimize harm
to hostages and provide medical assistance, psychological support, and
other necessary resources during the incident.
Resolution: The resolution of a hostage-taking incident can vary
depending on the specific circumstances. Ideally, a peaceful resolution
is sought through negotiation, leading to the safe release of hostages
and the apprehension of the perpetrators.
 STAGE
z
OF A HOSTAGE SITUATION
Alarm – This stage is the most traumatic and dangerous.
Crisis Stage – There is still a great deal of danger since hostage
takers try to consolidate their positions (HT). Isolation,
claustrophobia and sense of time (hostages)
Accommodation Stage – boredom with moments of terror,
longest and most tranquil.
 Resolution Stage – hostage taker is being stressed out or
fatigued of the situation. Tension between the hostages,
hostage taker and the crisis negotiator is notably low. Crisis
intervention techniques of the negotiation team have
increased.
 CATEGORIES
z
OF HOSTAGE-TAKER
PERSONS IN CRISIS – people who take hostages during a period
of prolonged frustration, despair and problems.
PSYCHOTICS – mentally-ill people who take hostage during a
period of psychiatric disturbance.
COMMON CRIMINALS – people who take hostages for personal
reason.
PRISONER – people who take hostage because of dissatisfaction
and discontent regarding their living condition in prison.
POLITICAL TERRORIST – people who take hostages because of
political and ideological beliefs.
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3 UNIQUE SYNDROMES IN HOSTAGE

TAKING
 STOCKHOLM SYNDROME (Stockholm, Sweden)

- the hostages expressed sympathy over the hostage takers

 LIMA SYNDROME (Lima, Peru)

- the hostage takers expressed kindness and sympathy over

the hostages
 LONDON SYNDROME – the hostages are hostile to the
hostage takers
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TERRORISM

 A threat or actual use of force or

violence for political or other purpose,
to foster fear, insecurity, distrust, and
unrest among a specific group or the
general population.
Classification
z of Terrorist
National Terrorist – A terrorist who operates and aspires
to political power primarily within a single nation.
Transnational Terrorist – This is a terrorist who operates
across national boarders, whose actions and political
aspirations may affect individual of more than one
nationality.
International Terrorists – A terrorists who is controlled by,
and whose actions represent the national interest of a
sovereign state.
Components
z of an Organized Terrorist Group

 Hardcore leadership – in the terrorist world,

leaders are often paranoid and fanatical and
yet have a legitimate front, behind which
they operate consistently.
 Active cadre – are the DOERS, the men of
action who carry out the orders from higher
command.
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 Active supporters – provide the logistical support
needed to sustain terrorist operations. They
provide safe houses, weapons, ammunition,
vehicles, medical support, food, money etc.
 Passive supporters – the most difficult elements to
define and organize. They consist of those people
who are sympathetic to the cause but those who
often will not stand up and be counted through the
fear of becoming involved