DISPUTE RESOLUTION & CRISES/INCIDENT MANAGEMENT

Nota Bene: An overview

I. Dispute Resolution and Crisis Management

 A study involving the understanding, analysis, and applying best strategies in resolving disputes at
the elementary stage.
 The restoration of interpersonal relation among the member of the parties involved are its
primordial (From the beginning) end.
 Moreover, the understanding and application of knowledge on the incident command system as an
approach in dealing with crisis management were significantly figured.
 One best feature of this subject is we will talk about the mechanics on how this dispute will be
resolve because the purpose of dispute resolution is to restore broken relationship between the
victim and the offender.

PART I.

o PRINCIPLES AND PHILOSOPHY OF RECONCILIATION, ARBITRATION, NEGOTIATION, MEDIATION AND THE COURT
ANNEXED MEDIATION; AND JUDICIAL MEDIATION; AND LITIGATION AS MODE OF DISPUTE RESOLUTION.

Basic Concepts:

1. Dispute
 (1) A conflict or controversy; a conflict of claims or rights; an assertion (confident or forcefull statement
of the fact or belief) of a right, claim, or demand on one side, met by contrary claims or allegations on the
other.
 (2)The subject of litigation; the matter for which a lawsuit (suit) is brought and upon which issue is joined,
and in relation to which jurors (jury) are called and witnesses examined.
 (3)A labor dispute is any disagreement between an employer and his or her employees concerning
anything job-related, such as tenure, hours, wages, fringe benefits, and employment conditions.
 Conflict of claims or rights refers to a situation where two parties make opposing demands or allegations
(paratang) against each other. This can lead to a legal case, which is called litigation. The subject of litigation
is the matter that is being disputed in court and for which jurors (jury) are called and witnesses examined.A
labor dispute is a specific type of disagreement between an employer and employees regarding job-related
matters such as hours worked, wages paid, benefits offered, tenure (how long someone has been
employed), and employment conditions like safety standards or work environment. When these disputes
cannot be resolved through negotiation or mediation, they may end up in court.
Overall, the text provides basic definitions for several legal terms related to conflicts between parties over
their rights and interests. It also explains what constitutes a labor dispute by giving examples of common

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 issues that arise between employers and employees. (GOOGLE BASED)

2. Conflict
 A conflict is an activity which takes place when conscious beings, individuals or groups, wish to carry out
mutually inconsistent acts concerning their wants, needs or obligations. (Nicholson, M., 1992)
 Conflict may also refer to a natural disagreement or struggle between people which may be physical, or
between conflicting ideas. It can either be within one person, or they can involve several people or groups.
 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.
 The word “Conflict” comes from the Latin word “conflingere” which means to come together for a battle.
 A conflict is a situation where two or more people, or groups of people, want different things that cannot
both happen at the same time. This can be because they have different needs, desires or responsibilities. For
example, if two friends want to go to different movies and cannot agree on which one to see, this is a
conflict. Conflicts can happen between individuals or larger groups like countries. When conflicts arise, it's
important for everyone involved to communicate their wants and needs clearly so they can try to find a
solution that works for everyone. (GOOGLE BASED)
 The simultaneous arousal of two or more incompatible motives resulting in an unpleasant emotion.
(HUMAN BEHAVIOR)

Not Included in the module:

Assumption of Conflict Theory:

a. Competition – Exist as a result of the scarcity of resources, including material resources-money, property,
commodities, and more. Beyond material resources, individuals and groups within a society also compete
for intangible resources as well. These can include leisure time, dominance, social status, sexual partners.

b. Revolution – The idea that change in a power dynamic between groups does not happen as a result of
gradual adaptation. Rather, it comes about as the symptom of conflict between these groups. In this way,
changes to power dynamic are often abrupt and large in scale, rather than gradual and evolutionary.

c. Structural Inequality – Human relationships and social structure all experience inequalities of power. In this
way, some individuals and group inherently develop more power and reward than others.

d. War - A unifier or as a “cleanser of societies.” It is the result of a cumulative and growing conflict between
individuals and groups, and between entire societies.

Types of Conflict:

a) Information Conflict – Arise when people have different or insufficient information, or disagree over what
data is relevant.

b) Values Conflict – Are created when people have perceived or actual incompatible belief systems.

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 c) Interest conflict – Are caused by competition over perceived or actual incompatible needs such conflicts
may occur over issues of money, resources or time.

d) Relationship Conflict – Occur when there are misperceptions, strong negative emotion, or poor
communication. One person may distrust the other and believe that the other person’s actions are
motivated by malice or an intent to harm other.

Phases of Conflict:

a) Prelude to conflict – It involves all the factors which possibly arise a conflict among individuals. Prelude
means introductory of the conflict. Example B is a janitor, while A is a Manager.

b) Triggering event – An event which trigger the conflict. Example: A Christian criticize a muslim employee over
his project proposal.

c) Initiation Phase – is actually the phase when the conflicts had already begun, heated arguments, abuse,
verbal disagreement are all warning alarm which indicate that the fight is already on.

d) Differentiation Phase – it is the phase when the individuals voice out their differences against each other.
The reasons for the conflict are raised above.

e) Resolution Phase – as conflict leads to nowhere, individuals try to compromise to extent and resolve it. It
explores the various options to resolve the conflict.

3. Resolution
 A firm (Solid or metatag) decision to do or not to do something: made a resolution to get more exercise.
 A course of action determined or decided on: His resolution is to get up early.
 The act of solving or explaining a problem or puzzle.
 The resolving or concluding of a dispute or disagreement.
4. Dispute Resolution
 refers to a number of processes that can be used to resolve a conflict, dispute or claim.
 Dispute resolution may also be referred to as alternative dispute resolution, appropriate dispute resolution,
or ADR for short.
 The resolution of a dispute between two or more parties.
 A way of resolving a conflict without having to go to court.
 Also known as dispute settlement.
 Dispute resolution processes are alternatives to having a court decide the dispute in a trial or other
institution decide the resolution of the case or contract.
 Dispute resolution processes can be used to resolve any type of dispute including family, neighborhood,
employment, business, housing, personal injury, consumer, and environmental disputes.
 Is the process of resolving disputes between parties.

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  The term dispute resolution is sometimes used interchangeably with conflict resolution, although conflicts
are generally more deep-rooted and lengthier than disputes. Dispute resolution techniques assist the
resolution of antagonisms between parties that can include citizens, corporations, and governments.
Dispute resolution is a way of resolving conflicts between different parties, such as citizens, corporations or
governments. The term dispute resolution is sometimes used interchangeably with conflict resolution, but
disputes are generally less severe and shorter than conflicts. Dispute resolution techniques can help to
resolve disagreements between these parties in a peaceful manner without the need for litigation or other
legal action. These techniques may include mediation, negotiation, arbitration or other forms of alternative
dispute resolution (ADR). By using these methods, parties can work together to find common ground and
reach an agreement that satisfies everyone involved. (Google)

 According to Article 3, section 16, of the 1987 constitution states that “(a) All persons shall have the right to
a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.” In relation to
this we all know that it takes several years before cases are ultimately decided or for decisions to reach
finality. The long and tedious(Nakakapagod) process of lawsuits are costly not only to the parties but also to
the judiciary. However, through RA 9285(ADR) and RA 876 (Arbitration Law), disputes can be resolved much
faster, simpler and less expensive than it would take if the parties resort to the judicial process.
5. Alternative Dispute Resolution(ADR) or ADR system
 refers to a range of dispute settlement/resolution methods which help the parties in the dispute to come to
a settlement without going to court, or without litigating on the said matter.
 These methods usually involve a third party, who helps them in settling the disputes. In many cases, ADR
methods are used alongside the litigation process as well through court authorization.
 It means any process or procedure used to resolve a dispute or controversy or conflict, other than by
adjudication (legal process of resolving dispute or cases) of a presiding judge of a court or an officer of a
government agency, as defined in this Act, in which a neutral third party participates to assist in the
resolution of issues, which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial,
or any combination thereof. (Sec. 3, par a. RA 9285)

 Republic Act No. 9285.-This Act is known as the "Alternative Dispute Resolution Act of 2004."

WHAT IS THE POLICY OF THE STATE REGARDING ALTERNATIVE DISPUTE RESOLUTION (ADR)?

o It is hereby declared the policy of the State to actively promote party autonomy in the resolution of
disputes or the freedom of the party to make their own arrangements to resolve their disputes.
Towards this end, the State shall encourage and actively promote the use of Alternative Dispute
Resolution (ADR) as an important means to achieve speedy and impartial justice and declog court
dockets. As such, the State shall provide means for the use of ADR as an efficient tool and an
alternative procedure for the resolution of appropriate cases. Likewise, the State shall enlist active
private sector participation in the settlement of disputes through ADR.

DOES RA 9285 LIMITS THE POWER OF THE SUPREME COURT TO ADOPT ANY ADR SYSTEM?

o No. This Act shall be without prejudice (bias or preconceived opinion, idea or believed) to the
adoption by the Supreme Court of any ADR system, such as mediation, conciliation, arbitration, or

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 any combination thereof as a means of achieving speedy and efficient means of resolving cases
pending before all courts in the Philippines which shall be governed by such rules as the Supreme
Court may approve from time to time. (Sec. 2, RA 9285)

BRIEF HISTORY

 Dispute resolution is one of the functions of a sound political system. Dispute resolution machinery already
existed in the earliest communities in the Philippines even before the advent of the Spanish and American
colonization. Disputes arising from the daily affairs of the communities were brought before the elders of such
communities in a conversational fashion for the purpose of threshing out the issues and resolving them along
the principles of justice and fairness. Outside of this forum, no other dispute resolving forum existed.
 During the Spanish and American regimes, dispute resolution mechanisms were made more rational through the
inclusion of the said function in the local governmental systems. Gradually, the originally conversational mode of
resolving disputes became more and more adversarial as the western-style judicial systems took over their
functions. However, the values and traditions that were the heart of the carly dispute-resolving systems were
not lost.
 The enactment of the Arbitration Law in 1953 supports this fact. The professed goal of this law was to re-
establish the non-judicial (means without having go to court) forum for dispute resolution in the country, hence
the concept of "alternative dispute resolution" or ADR.
Republic Act No. 876 – Arbitration Law.
 The word "alternative" was used to emphasize that recourse (Humingi ng tulong) to the regular judicial courts
shall still be considered as primary and arbitration only as secondary or voluntary.
 In 1978, President Marcos decreed the formation of the Katarungang Pambaranggay (Community-based justice
system, or Barangay Justice System) by virtue of Presidential Decree 1508.
 This law provided for the compulsory use in the barangay, the smallest unit of local government, of mediation,
conciliation and arbitration in certain types of disputes.
 The system was later integrated into the Local Government Code, since its direction and supervision were
entrusted to the Department of Interior and Local Government (DILG).
 PD 1508- ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES AT THE BARANGAY LEVEL
 In 1997, the Supreme Court included in the New Rules of Civil Procedure provisions for the possible use of
alternative modes of dispute resolution. (For example, Rules 18 on Pre-Trial, and Rule 70 on Forcible Entry and
Unlawful Detainer) The Rules, however, do not provide that ADR be mandatory and judges, lawyers, and
litigants have not made much use of these alternative modes.
 At present, studies are being undertaken with a view of developing alternative dispute resolution mechanisms in
order to make justice more accessible to the people and to unclog the dockets of the courts. These studies,
whether publicly funded or not, gave back much attention to the various modes of alternative dispute resolution
which have been underutilized for so long.
 There are at least twelve agencies that use alternative dispute resolution at present. Ten of the agencies are
administrative agencies with quasi-judicial functions, one is the barangay, a local government unit, and one is a
private agency. The different agencies use different modes of alternative dispute mechanisms.

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  It should be observed that the court system is one of the main forums for resolving disputes. However, due to
lack of resources to respond to this increasing number of cases filed, court dockets are clogged, making court
processes protracted and expensive. When disputes fester into open and sometimes violent conflicts, the
situation becomes not only detrimental to growth and development, it also erodes the country's social fabric"
(Supreme Court of the Philippines, Action Plan for Judicial Reform). Because of this observation, the use of
alternative dispute resolution mechanisms was therefore not only justified, but is also found to be necessary.
 In the Philippine context, alternative dispute resolution or ADR refers to several formal or informal processes
for settlement of conflicts, outside of or in the periphery of institutional judicial process. It is another option to
the structured adversarial approach adopted in court litigation. While ADR may be viewed as an intervention to
the court's burdened dockets, it must be considered on its own merits as an effective system of resolving
disputes. It is less expensive, swifter and more efficient, less or non-adversarial, thus generating results that can
be more satisfying and enduring." (opcit.)

BASIC PRINCIPLES AND PHILOSOPHIES:

1. Reconciliation (Pagkakasundo)
 It is “a societal process that involves mutual acknowledgment of past suffering and the changing of
destructive attitudes and behavior into constructive relationships toward sustainable peace.” (Karen
Broenus).
 The given text is describing a process called "reconciliation." Reconciliation is when people acknowledge
past harm and suffering that has been inflicted upon them or others, and then work towards creating
positive relationships for the future. This means changing negative attitudes and behaviors into ones that
promote peace and sustainability.
For example, imagine two countries that have been at war with each other for many years. Through the
process of reconciliation, leaders from both sides would come together to acknowledge the harm caused by
their actions in the past. They would then work towards building trust between their nations through
positive actions like signing treaties or providing aid to one another.
Reconciliation can also happen on a smaller scale, such as between individuals who have had conflicts with
each other in the past. By acknowledging what went wrong and working towards finding common ground,
they can build better relationships moving forward.
Overall, reconciliation is about recognizing past mistakes and making a commitment to do better in order to
create a more peaceful future for everyone involved.
 Reconciliation (pagkakasundo or Action of making one view or belief compatible with another)
 Reconciliation is the act of forgiveness(ma'am vhal)

PHILOSOPHIES OF RECONCILIATION:
Reconciliation can be seen as a five-step process, including:
a) Developing a shared vision of an interdependent and fair society;
b) Acknowledging and dealing with the past;
c) Building positive relationships;
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 d) Facilitating significant cultural and attitudinal change;
e) Enabling substantial social, economic, and political change.
 Principles of Reconciliation can also involve the reframing of identity.
Typically, this also has key elements and steps, often including:
a) Understanding the threat to people’s identity;
b) Seeking to move individuals from singular affiliation to multiple identity;
e.g., away from “I am a Serb” to “I am a Serb, a European, a civil rights activist, a trade unionist…etc.”
c) Deconstructing or reconstructing an individual’s identity frames;
d) Separating group and individual identities;
e) Dismantling of enemy images and misrepresentations that demonize the “other”;
f) Looking for a common vision or threat around which to unite.

2. Arbitration
 Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more
arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private
dispute resolution procedure instead of going to court.
 Arbitration means a voluntary dispute resolution process in which one or more arbitrators, appointed in
accordance with the agreement of the parties, or rules promulgated pursuant to RA 9285, resolve a dispute
by rendering an award. (Sec. 3, par. d, RA 9285).
 It is a process or one of the form of ADR where a neutral third party makes a binding decision over the
dispute of the parties.
 It was a process for adjudication of disputes by which the parties agree to be bound by the decision of a
third person or body in place of regular organized tribunals. (CJS notes)
 A system of private justice, not a court proceeding.
 In arbitration, both parties agreed, in writing, that they will follow the decision of the arbitrator.
 Also no lawyers allowed during the process of any katarungang Pambarangay settlement unless the lawyers
is the complainant or respondent of the case.
 In arbitration, if there is already a decision made by the arbitrator over the dispute, the parties can withdraw
or revoke the agreement within 5 days of the issuance of agreement if the reason of agreement is either of
the ff:
1. There is deceit;
2. There is Violence;
3. There is threat.

Philosophies and Principles:

a) Arbitration is consensual
b) The parties choose the arbitrator(s)
c) Arbitration is neutral
d) Arbitration is a confidential procedure

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 e) The decision of the arbitral tribunal is final and easy to enforce

WHO IS AN ARBITRATOR?

o Arbitrator means the person appointed to render an award, alone or with others, in a dispute that is the
subject of an arbitration agreement. (Sec. 3, par. e, RA 9285)

WHAT IS EARLY NEUTRAL EVALUATION?

o This means an ADR process wherein parties and their lawyers are brought together early in a pre-trial
phase to present summaries of their cases and receive a nonbinding assessment by an experienced,
neutral person, with expertise in the subject in the substance of the dispute. (Sec. 3, par. n, RA 9285)

3. Negotiation
 Negotiation has been defined as any form of direct or indirect communication whereby parties who have
opposing interests discuss the form of any joint action which they might take to manage and ultimately
resolve the dispute between them.
 Negotiations may be used to resolve an already-existing problem or to lay the groundwork for a future
relationship between two or more parties.
 Negotiation has also been characterized as the “preeminent (nangunguna) mode of dispute resolution”,
which is hardly surprising given its presence in virtually all aspects of everyday life, whether at the individual,
institutional, national or global levels. Each negotiation is unique, differing from one another in terms of
subject matter, the number of participants and the process used.

Philosophies and Principles Negotiation is:

 Voluntary: No party is forced to participate in a negotiation. The parties are free to accept or reject the
outcome of negotiations and can withdraw at any point during the process. Parties may participate
directly in the negotiations or they may choose to be represented by someone else, such as a family
member, friend, a lawyer or other professional.
 Bilateral/Multilateral: Negotiations can involve two, three or dozens of parties. They can range from
two individuals seeking to agree on the sale of a house to negotiations involving diplomats from dozens
of States (e.g., World Trade Organization (WTO)).
 Non-adjudicative: Negotiation involves only the parties. The outcome of a negotiation is reached by the
parties together without recourse to a third-party neutral.
 Informal: There are NO prescribed rules in negotiation. The parties are free to adopt whatever rules
they choose, if any. Generally, they will agree on issues such as the subject matter, timing and location
of negotiations. Further matters such as confidentiality, the number of negotiating sessions the parties
commit to, and which documents may be used, can also be addressed.
 Confidential: The parties have the option of negotiating publicly or privately. In the government context,
negotiations would be subject to the criteria governing disclosure as specified in legislation.
 Choice of the parties. The parties can determine not only the topic or the topics that will be the subject
of the negotiations, but also whether they will adopt a positional-based bargaining approach or an
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 interest-based approach.

4. Mediation (Pagpapagitna)
 Mediation, as used in law, is a form of alternative dispute resolution(ADR) resolving disputes between two
or more parties with concrete effects.
 Typically, a third party, the mediator, assists or facilitates the parties to negotiate a settlement. Disputants
may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community,
and family matters.
 Mediation means a voluntary process in which a mediator, selected by the disputing parties, facilitates
communication and negotiation, and assist the parties in reaching a voluntary agreement regarding a
dispute. (Sec. 3, par. q, RA 9285)
 Medition is a form of ADR where neutral third party, choosen by disputing party, facilitates and assist both
parties to negotiate a settlement.
 If ever both parties still have conflicts or disputes that comes to an agreement during mediation, it is called
"compromise."
 Compromise- an agreement made during mediation.
 Google: mediation is An intervention in a dispute in order to resolve it.
 Mediator – a person who conducts mediation.
Philosophies:
a) Conflict prevention - Mediation can anticipate difficulties between parties before conflict emerges.
Complaint handling and management is a conflict prevention mechanism designed to handle a
complaint effectively at first contact, minimizing the possibility of a dispute. One term for this role is
"dispute preventer".
b) Confidentiality - One of the hallmarks of mediation is that the process is strictly confidential. Two
competing principles affect confidentiality. One principle encourages confidentiality to encourage
people to participate, while the second principle states that all related facts should be available to
courts.
c) Without-prejudice privilege - The without-prejudice privilege in common law denotes that in honest
attempts to reach settlement, any offers or admissions cannot be used in court when the subject matter
is the same. This applies to the mediation process. The rule comes with exceptions.
d) Legal implications - Parties who enter into mediation do not forfeit legal rights or remedies. If mediation
does not result in settlement, each side can continue to enforce their rights through appropriate court
or tribunal procedures. However, if mediation produces a settlement, legal rights and obligations are
affected in differing degrees.
Principles:
a) Non-adversarial is based on the actual process of mediation. It treats the parties as collaborating
(nagtutulungan) in the construction of an agreement. By contrast, litigation is explicitly (stated clearly)
adversarial (conflict) in that each party attempts to subject the other to its views. Mediation is designed
to conclude with an agreement rather than a winner and loser.
b) Responsiveness reflects the intent to allow the parties to craft a resolution outside of the strict rules of
the legal system. A responsive mediation process also is informal, flexible and collaborative.
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 c) Self-determination and party autonomy allow and require parties to choose the area of agreement,
rather than ceding the decision to an outside decision-maker such as a judge. This turns the
responsibility for the outcome onto the parties themselves.

Nota Bene:

 The main purpose of the three form of ADR which are reconciliation, arbitration and mediation is that to resolve
the dispute in a way where the interest of the parties is balanced.

WHO IS A MEDIATOR?

o Mediator means a person who conducts mediation. (Sec. 3, par. r, RA 9285)

WHAT IS MEDIATION PARTY?

o This means a person who participates in a mediation and whose consent is necessary to resolve the
dispute. (Sec. 3, par. s, RA 9285)

MEDIATION-ARBITRATION

o "Mediation-Arbitration" or Med-Arb is a step dispute resolution process involving both mediation and
arbitration. (Sec. 3, par. t, RA 9285)

MINI-TRIAL

o This means a structured dispute resolution method in which the merits of a case are argued before a
panel comprising senior decision makers with or without the presence of a neutral third person after
which the parties seek a negotiated settlement (Sec. 3, par. u, RA 9285)

HOW ARBITRATION, MEDIATION AND CONCILIATION ARE DIFFERENT FROM EACH OTHER?

o Arbitration, mediation and conciliation are the main Alternative Dispute Resolution Mechanism which is
generally adopted by the people to resolve their disputes in an informal manner. They try to reach a
solution by settlement or negotiation with the assistance of a third neutral party and have turned out
to be an effective alternative to the litigation process.

o Arbitration is a process where the parties submit their case to a neutral third party who on the basis of
discussion determine the dispute and comes to a solution.

o Mediation and conciliation both are an informal process. Whereas, arbitration is more formal as
compared to them. In mediation, the mediator generally sets out alternatives for the parties to reach
out an agreement. The main advantage of the mediation is that the settlement is made by the parties
themselves rather than a third party. It is not legally binding on the parties. In addition, the basic motive
of mediation is to provide opportunities to parties to negotiate and come to a final solution catering the
needs of both sides.

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 o Dispute resolution through conciliation involves the assistance of a neutral third party who plays an
advisory role in reaching an agreement. The process adopted by all the three are different but, the main
purpose is to resolve the dispute in a way where the interest of the parties is balanced.

ADR PROVIDER

o "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. This is
without prejudice to the rights of the parties to choose no accredited individuals to act as mediator,
conciliator, arbitrator, or neutral evaluator of their dispute. (Sec. 3, par. b, RA 9285)

CASES WHEREIN REPUBLIC ACT NO. 9285 DOES NOT APPLY

o The provisions of RA 9285 shall not apply to resolution or settlement of the following:

o Labor disputes covered by Presidential Decree No. 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 a marriage;
 Any ground for legal separation;
 The jurisdiction of courts;
 Future legitime;
 Criminal liability;
 Those which by law cannot be compromised; and
 Those disputes referred to court-annexed mediation. (Article 1.3, IRR, RA 9285)

WHAT IS THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION?

o The Office for Alternative Dispute Resolution (OADR) is as an agency attached to the Department of
Justice. It shall have a Secretariat and shall be headed by an Executive Director, who shall be
appointed by the President of the Philippines, taking into consideration the recommendation of the
Secretary of Justice. (Article 2.1., IRR, RA 9285)

POWERS OF THE OADR

The OADR shall have the following powers:

o To act as appointing authority of mediators and arbitrators when the parties agree in writing that it
shall be empowered to do so;
o 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;
o To establish an ADR library or resource center where ADR laws, rules and regulation, jurisprudence,
books, articles and other information about ADR in the Philippines and elsewhere may be stored and
accessed;
o To establish training programs for ADR providers/practitioners, both in the public and private
sectors; and to undertake periodic and continuing training programs for arbitration and mediation
and charge fees on participants. It may do so in conjunction with or in cooperation with the IBP,

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 private ADR organizations, and local and foreign government offices and agencies and international
organizations;
o To certify those who have successfully completed the regular professional training programs
provided by the OADR;
o To charge for services rendered such as, among others, for training and certifications of ADR
providers;
o To accept donations, grants and other assistance from local and foreign sources; and
o To exercise such other powers as may be necessary and proper to carry into effect the provisions of
the ADR Act. (Art. 2.2., IRR, RA 9285)

FUNCTIONS OF OADR

The OADR shall have the following functions:

 To promote, develop and expand the use of ADR in the private and public sectors through
information, education and communication;
 To monitor, study and evaluate the use of ADR by the private and public sectors for purposes of,
among others, policy formulation;
 To recommend to Congress needful statutory changes to develop, strengthen and improve ADR
practices in accordance with international professional standards;
 To make studies on and provide linkages for the development, implementation, monitoring and
evaluation of government and private ADR programs and secure information about their respective
administrative rules/procedures, problems encountered and how they were resolved;
 To compile and publish a list or roster of ADR providers/practitioners, who have undergone training
by the OADR, or by such training providers/institutions recognized or certified by the OADR as
performing functions in any ADR system. The list or roster shall include the addresses, contact
numbers, e-mail addresses, ADR service/s rendered (e.g. arbitration, mediation) and experience in
ADR of the ADR providers/practitioners;
 To compile a list or roster of foreign or international ADR providers/practitioners. The list or roster
shall include the addresses, contact numbers, e-mail addresses, ADR service/s rendered (e.g.
arbitration, mediation) and experience in ADR of the ADR providers/practitioners; and
 To perform such other functions as may be assigned to it. (Art. 2.3., IRR, RA 9285)

5. The court annexed mediation and judicial mediation

 On October 16, 2001, the Supreme Court in line with the objectives of the Action Program for Judicial
Reform (APJR) more particularly, to decongest court dockets, promulgated a resolution, providing for
standards, guidelines and other documents contained in A.M. No.01-10-5-SC-PHILJA, which institutionalized
and implemented the mediation program in the Philippines.
Philippine Judicial Academy (PHILJA)
Philippine Mediation Center(PMC).
Action Program for Judicial Reform (APJR)
Court-annexed Mediation (CAM) is 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.
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 Judicial mediation involves bringing the parties in the employment dispute together for mediation at a
private preliminary hearing in front of a trained employment judge. This happens either before a preliminary
hearing takes place (if applicable), or before the final hearing.
What is Judicial Dispute Resolution (JDR)?
JDR 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.
 The same resolution designated the Philippine Judicial Academy (PHILJA) as the component unit of the
Court for court-annexed mediation and other Alternative Dispute Resolution (ADR) mechanisms, and
likewise, established the Philippine Mediation Center(PMC).
 In compliance with the mandates of the Supreme Court, PHILJA, PMC in coordination with the Office of the
Court Administrator (OCA) organized and established PMC units in several areas in Luzon, Visayas and
Mindanao.
 The mediation center units established render mediation services in more than five hundred (500)
branches of First and Second Level Courts in those areas.
 They are under the operational control and supervision of PHILJA, in coordination with OCA, through the
Executive Judges.

The basis for the establishment of new PMC units are as follows:
1. Density of caseload;
2. Leadership;
3. Requests by Stakeholders.

 Court-annexed mediators are recruited, screened, and trained by PHILJA. After undergoing an internship
program under the supervision of PHILJA, qualified mediator trainees are recommended by the Academy
for accreditation( officially recognizing)by the Supreme Court. Only mediators accredited by the Supreme
Court can validly mediate in a court annexed mediation program.
Question: Who recruited, screened, and trained court-annexed mediators?

 Mediators are given expense allowances for their services, in accordance with rates approved by the
Supreme Court taken from the Mediation Fund collected, pursuant to the provisions of Section 9, Rule 141
of the Revised Rules of Court.

THE MEDIATABLE CASES COVERED BY THE PROGRAM ARE AS FOLLOWS:

a) All civil cases, settlement of estates, and cases covered by the Rule on Summary Procedure, except those
which by law may NOT be compromised (e.g., Annulment of Marriage).
b) Cases covered by the Lupong Tagapamayapa under the Katarungang Pambarangay Law(P.D. No. 1508, as
amended by R.A. No. 7160).
c) Civil aspect of Batas Pambansa (B.P.) Blg. 22.
d) The civil aspect of quasi-offenses under Title 14 of the Revised Penal Code.
13
 e) Civil aspect of Estafa and Libel cases where damages are sought.
 (A.M. No. 0I-I0-5-SCPHILJA, dated October 16, 200I. AM. No. 04-2-04-SC, dated July 20, 2004 and effective
August 16, 2004).

Mediation Process

a) Court-annexed(isinama) mediation in the Philippines, is a part of pre-trial. (A.C. No.20-2002, April 24,
2002).
b) Upon appearance of the parties during pre-trial in cases covered by mediation, the Judge shall
immediately direct the parties (with or without counsel) to appear before the Philippine Mediation Center
(PMC) unit located in the courthouse or within its premises for initial mediation conference. The referral is
MANDATORY. (Administrative Circular No. 20-2002, April 24, 2002)

Nota Bene:

Mediation can avail in Two ways:

1. When you plead guilty in the first court appearance; (arraignment)
 When you plead guilty, the court will mandatorily direct the defendant to appear before the PMC
Unit for mediation.
2. If your case is covered by mediation.

A. If Mediation Succeeds

 It is the mediator’s duty to officially inform the court that mediation succeeded. The court shall be
furnished with either:
1. The original copy of the compromise agreement signed by the parties and counsel for approval by
the court. The agreement will be the basis of a rendition of a judgment by compromise (an
agreement made during mediation)
2. Withdrawal of the complaint and counter-claim, if any.
3. A satisfaction of the claim.

B. If Mediation Fails

1. The mediator shall immediately issue a certificate of failed mediation returning it to the court for
further proceedings.
2. 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.

Nota Bene:

Court Process:

1. Arraignment

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  A defendant’s first court appearance is known as the arraignment. At this appearance, the
defendant has the right to have the charges against him or her read by the judge.
 This is also often the time when the defendant may plead “guilty,” “not guilty,” or “no contest.”
The court may set dates for future proceedings and deadlines for motions and other filings.
2. Pre-trial
3. Trial
4. Promulgation of Judgement

6. Litigation as modes of Dispute Resolution

 If the dispute has taken on a level of severity so that the parties are not able even to agree to some form
of alternative dispute resolution, they or either of them may resort to the courts as the only way
forward. For reasons stated below, it is rare that taking the matter to the county, state or federal court
house is better than the alternatives, but there simply may be no choice.
 LITIGATION (civil, as opposed to criminal) commences with the ‘plaintiff’ filing in court, and then
serving on (presenting to) the other party, the ‘defendant’, a summons and complaint summoning the
other party to respond within a period of time established in the local law (typically 20 or 30 days),
and then ultimately to appear before a judge or a judge and jury who will decide the matter. But there
is a lot of activity between serving the summons and complaint and the rendering of a decision (by the
judge) or verdict (by the jury).

 The threshold question in litigation is the jurisdiction of the court. ‘Jurisdiction’ essentially means that
the court has legal power over the defendant and the subject matter to decide the matter in question. In
the case of a dispute involving a hotel, the obvious place for the lawsuit is a court in the same location as
the hotel.

Primary Benefits of Litigation:

a) The court system is government funded and, unlike arbitration, the parties do not have to pay the judge;
court costs assessed against the parties are relatively modest.
b) The case will be managed and heard by a professional judge.
c) The court can provide for the enforcement of its own decision that becomes an order, by various means.
d) The court has ‘equitable’ as well as ‘legal’ powers whereby it can impose
e) mandatory orders (injunctions) to do or refrain from doing certain acts.
f) The formality of the proceeding enhances the deliberateness and articulation of the legal arguments.
g) The threat of litigation induces the parties to seek a compromise solution before heading to the
courthouse.
h) The judge to decide all matters – that is, questions of law and factual matters.
i) The decision has precedential value to other potential litigants; it becomes part of the common law of
the jurisdiction where the court is located, which is good from the perspective of the winning party.

15
 Primary Disadvantages of Litigation:

a) The expense for legal counsel to comply with judicial formality of the pleadings and other court procedures
may outweigh the benefit of having a judge that is paid for by the tax payers.
b) The professional judge may lack any expertise about the industry and industry standards.
c) Quality of the judges, particularly in the lower courts, may vary and ‘luck of the draw’ Plays a part.
d) Cases get limited attention in short intervals while the courts manage a heavy workload, and this may affect
quality and prolong the process.
e) Each party must pay its own legal expenses (except in very rare cases) so the party with deeper pockets
may outlast the other party that eventually is forced into submission that is, a settlement.
f) A judgment-proof party may lose, but the winning party never collects a judgment.
g) The decision is not final but is subject to appeal to the same or a higher court.
h) The decision has precedential value to other potential litigants; it becomes part of the common law of the
jurisdiction where the court is located, which is bad from the perspective of the losing party.
i) The process of litigation, particularly the pretrial discovery, can cause major disruption to a business that
must meet the requirements for document production and witness depositions.
j) The public nature of a trial may mean that sensitive information is revealed.
k) There is likely to be very little hope of salvaging the relationship between adverse parties in litigation.
l) The entire proceeding can cause emotional distress on the persons involved in litigation where the
formality, strict rules, and potential for perjury is ever present.
 Given the very onerous disadvantageous of litigation, the party commencing a lawsuit must carefully weigh the
merits of the case without letting emotion color the evaluation and the costs involved, financial or otherwise,
before embarking down the litigation path from which it may be difficult to extricate oneself later. Many
litigants who initiate lawsuits, after months of pretrial discovery and mounting legal costs, then seek a
settlement on terms that might well have been available without the lawsuit.
The text is talking about how starting a lawsuit can be very difficult and expensive. The person who wants to sue
someone else needs to think carefully about whether it's worth it before they start. They should try not to let
their emotions get in the way of making a good decision. This means thinking about all the costs involved, like
money and time, as well as any other problems that might come up later. Sometimes people start lawsuits but
then realize that settling the case would have been easier and cheaper than going through with the whole legal
process. So, it's important for anyone considering a lawsuit to weigh all these factors carefully before deciding
what to do. (Google explain)

Modes or Methods of Dispute Resolution:

1. Lawsuit (Litigation) (Judicial)

 A lawsuit is a proceeding by a party or parties against another in the civil court of law.
 The archaic term “suit in law” is found in only a small number of laws still in effect today.
 The term “Lawsuit” is used in reference to a civil action brought by a plaintiff (a party who claims to
have incurred loss as a result of a defendant’s action) demands a legal or equitable remedy from a
court.

16
  Litigation – the process of taking legal action. Is the use of the courts and civil justice system to
resolve legal controversies. It can be used to compel opposing party to participate in the solution.
 Ito ang pinaka masakit kasi involve na ang judge. Plaintiff and complainant are same in meaning in
which he files case in the prosecution then the prosecution turn over the case to the court that’s
why there is a hearing.
 Remember Lawsuit is who file the case.

Characteristic of Litigation:
a. Involuntary – A defendant must participate (because he/she have no choice).
b. Formal and structure rules of evidence and criminal procedure.
c. Each party has the opportunity to present its evidence and arguments and cross-examine
the other side.
d. Public – court proceeding and records are open.
e. The decision is based on the law.
f. The decision can be final and binding.
g. Right of appeal exists.
h. Losing party may par cause.

2. Alternative Dispute Resolution System (ADR system)

 refers to a range of dispute settlement/resolution methods which help the parties in the dispute to
come to a settlement without going to court, or without litigating on the said matter.
 It means any process or procedure used to resolve a dispute or controversy or conflict, other than
by adjudication of a presiding judge of a court or an officer of a government agency, as defined in
this Act, in which a neutral third party participates to assist in the resolution of issues, which
includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination
thereof.

3. Collaborative Law
 Also known as collaborative practice, divorce, or family law.
 It is a legal processing enabling couples who have decided to separate or end their marriage to work
with their collaborative professionals including collaboratively trained lawyers, coaches and financial
professionals in order to avoid the uncertain outcome of court and to achieve a settlement that best
meets the specific needs of both parties and their children without underlying threat of litigation.
 This only be applied to those married persons.
4. Negotiation
 The most basic means of settling differences.
 It is back-and-forth communication between the parties of the conflict with the goal of trying to find
solution.
Negotiation Process:

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  You may negotiate directly with the other person. You may hire an attorney to negotiate directly with
the other side on your behalf. There are no specific procedures to follow.
When and how Negotiation is used?
 Most people negotiate every day. In some circumstances you may want the help of a lawyer to help you
negotiate a fair deal. Negotiation is the first method of choice for problem-solving and trying to reach a
mutually acceptable agreement.
5. Restorative Justice
 An approach to justice in which the response to a crime is to organize a meeting between the victim
and the offender, sometimes with representative of the wider community.
 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.
 Own opinion, the ambitious method of dispute resolution.
Restorative Justice – Core Values:
i. The Offender
o Apology – either oral or written, recognizing responsibility and not seeing oneself as a
victim and realizing and acknowledging the harm suffered by the victim.
o Reintegration – earning his/her place back in the community, particularly through the
action plan developed.
ii. The Victim
o Harm – assessing what harm was done, developing a case plan to repair the harm and
creating an action plan for those responsible for healing and repairing the harm.
o Forgiveness – The opportunity is expected for the victim to accept an apology from the
offender and to extend forgiveness.
iii. The Community
o Relationship – Healing broken relationships and creating new relationship.
Key Values of Restorative Program
1. Encounter – Create opportunities for victim, offender and community members to meet and discuss the
crime and its aftermath (damage). The elements are meeting, narrative, emotion, understanding, and
agreement.
2. Amends – Expect offenders to take steps to repair the harm they caused. The elements are: Apology,
changed Behavior, Restitution, and generosity.
3. Reintegration – Seeks to restore victims and offenders as a whole, contributing members of the society. The
Elements are: Acknowledging dignity and worth, providing material assistance and offering moral spiritual
direction.
4. Inclusion – Provide opportunities for both parties to participate in the resolution.

Part 2.

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1. Restorative Justice
 is a community-based approach to dealing with crime, the effects of crime, and the prevention of crime.
 It is a theory because it doesn't fully restore the relationship between the offender and the victim.
 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.
 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(compensation)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.
Principles of Restorative Justice say that when a person commits a crime:
a) This is, first and foremost, an act against people and relationships; second, an act against the
community and third, an act against the law.
b) By committing the crime, the person creates an obligation to the victim, the community,and the state.
c) When the person offending meets that obligation, they are taking responsibility for their actions, and
begin to understand and value their relationship with other people, the community, and the law
2. Rentributive Justice
 Is a theory of punishment that when an offender breaks the law, justice requires that they suffer in return,
and that the response to a crime is proportional to the offence. As opposed to revenge, retribution—and
thus retributive justice—is not personal, is directed onlyat wrongdoing, has inherent limits, involves no
pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
Retributive justice contrasts with other purposes of punishment such as deterrence (prevention of future
crimes) and rehabilitation of the offender.
PRINCIPLES:
a) "Those who commit certain kinds of wrongful acts, paradigmatically serious crimes,morally deserve to
suffer a proportionate punishment."
b) It is "intrinsically morally good—good without reference to any other goods that might arise—if some
legitimate punisher gives [those who commit certain kinds ofwrongful acts] the punishment they
deserve."
c) "It is morally impermissible intentionally to punish the innocent or to inflictdisproportionately large
punishments on wrongdoers."
d) Proportionality - Proportionality requires that the level of punishment be related to the severity ofthe
offending behaviour. An accurate reading of the biblical phrase "an eye for an eye" inExodus and
Leviticus is said to be: "only one eye for one eye", or "an eye in place of an eye.
 Traditionally, philosophers of punishment have contrasted retributivism with utilitarianism. For
utilitarians, punishment is forward-looking, justified by a purported ability to achieve future social
benefits, such as crime reduction. For retributionists, punishment is backwardlooking, justified by the
crime that has already been committed. Therefore, punishment is carried out to atone for the damage
already done.

Restorative Justice Rentributive Justice

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Crime is an act against another person and the community. Crime is an act against the state, a violation of a law, an abstract
idea

Crime control lies primarily in the community where the The control lies in the justice system and the community
community facilitates the restorative process becomes a sideline, represented by the State

Crime as an accountability by both individual and the society and Crime as an individual act and individual responsibility and the
punishment is not an effective means of changing behavior offender should be punished in order to deter crime and change
because it disrupts community harmony and good relationship. behavior.

Accountability defined as assuming responsibility andtaking Offender accountability defined as taking punishment
action to repair harm

Crime has both individual and social dimensions ofresponsibility Crime is an individual act with individual responsibility

Punishment alone is not effective in changing behaviorand is Punishment is effective:

disruptive to community harmony and good relationships
• Threats of punishment deter crime

• Punishment changesbehavior

Victims are central to the process of resolving a crime. Victims are peripheral to the process

The offender is defined by capacity to make reparation The offender is defined by deficits

Focus on the problem solving, on liabilities/obligations, onthe Focus on establishing blame or guilt,on the past (did he/she do
future (what should be done?) it?)

Emphasis on dialogue and negotiation Emphasis on adversarial relationship

Restitution as a means of restoring both parties; goal Imposition of pain to punish and deter/prevent
ofreconciliation/restoration

Community as facilitator in restorative process Community on sideline, represented abstractly by state

Response focused on harmful consequences of offender’s Response focused on offender’s past behavior
behavior; emphasis is on the future

Direct involvement by participants Dependence upon proxy professionals

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 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. It applies to
areas such as environmental law, corporate law, labor management relations, consumer bankruptcy and
debt, and family law.
 Transformative justice uses a system approach, seeking to see problems, as not only the beginning of the
crime but also the causes of crime, and tries to treat an offense as a transformative relational and
educational opportunity for victims, offenders and all other members of the affected community. In theory,
a transformative justice model can apply even between peoples with no prior contact.
 It is concerned with root causes and comprehensive outcomes. It is akin to healing justice more than other
alternatives to imprisonment.

Another important milestone in the development of restorative justice is the system of amicably settling disputes at
the barangay level. The system is defined under the P.D. 1508 "Amicable Settlement Act" which provides the purpose
of perpetuation and official recognition of the time-honored tradition of amicably settling disputes among family and
barangay members. at the barangay level without judicial resources that would promote the speedy administration of
justice and implement the constitutional mandate to preserve and develop Filipino culture and to strengthen the family
as a basic social institution.

DISPUTE RESOLUTION SYSTEM AND AMICABLE SETTLEMENT

 Republic Act No. 9285. Alternative Dispute Resolution Act of 2004 came into law for the purpose of:
a. promulgating the prescribe procedures and guidelines for its implementation along with the policy of the
state 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;
c. to provide means for the use of ADR as an efficient tool and an alternative procedure for the resolution of
appropriate cases;
d. and to enlist active private sector participation in the settlement of disputes through ADR.
 Applying the principles governing alternative dispute resolution will provide the opportunity for the parties
involved in to settle the issue in their own expense with the support of the local community, authorities of the
law and responsible social organizations with the aim of restoring interpersonal relations thereby contributory
to the public safety and promotion of peace in general.
 AMICABLE SETTLEMENT on the other hand, was formally institutionalized in order to help relieve the courts of
such docket congestion and thereby enhance the quality of justice dispensed by them. In this premise, the
context of restorative justice has served to reference the objective of amicably settling disputes at the
elementary level within the Barangay Justice system, primarily with the objective of restoring personal relations
and initiate effort from those that are mainly affected.

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Presidential Decree No. 1508:
Section 2. Subject matters for amicable settlement. 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:
1. Where on party is the government, or any subdivision or instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute relates to the performance of his official
functions;
3. Offenses punishable by imprisonment exceeding 30 days, or a fine exceeding P200.00;
4. Offenses where there is no private offended party
5. Such other classes of disputes which the Prime Minister may in the interest of justice determine upon
recommendation of the Minister of Justice and the Minister of Local Government.

Section 4. Procedure for amicable settlement.

a) Who may initiate proceedings. Any individual who has a cause of action against another individual involving
any matter within the authority of the Lupon as provided in Section 2 may complain orally or in writing, to
the Barangay Captain of the barangay referred to in Section 3 hereof.
b) Mediation by Barangay Captain. Upon receipt of the complaint, the Barangay Captain shall, within the next
working day summon the respondent/s with notice to the complainant/s for them and their witnesses to
appear before him for a mediation of their conflicting interests. If he fails in his effort within fifteen (15) days
from the first meeting of the parties before him, he shall forthwith set a date for the constitution of the
Pangkat in accordance with the provisions of Section 1 of this Decree.
c) Hearing before the Pangkat. The Pangkat shall convene not later than three (3) days from its constitution,
on the day and hour set by the Barangay Captain, to hear both parties and their witnesses, simplify issues,
and explore all possibilities for amicable settlement. For this purpose, the Pangkat may issue summons for
the personal appearance of parties and witnesses before it.
In the event that the party moves to disqualify any member of the Pangkat by reason of relationship, bias,
interest or any other similar ground/s discovered after constitution of the Pangkat, the matter shall be
resolved by the affirmative vote of the majority of the Pangkat whose decision shall be final. Should
disqualification be decided upon, the procedure provided for in paragraph (g) of Section 1 shall be followed.
d) Sanctions. Refusal or willful failure of any party or witness to appear in compliance with the summons
issued pursuant to the preceding two (2) paragraphs may be punished by the city or municipal court as for
direct contempt of court upon application filed therewith by the Lupon Chairman, the Pangkat Chairman, or
by any of the parties. Further, such refusal or willful failure to appear shall be reflected in the records of the
Lupon Secretary or in the minutes of the Pangkat Secretary and shall bar the complainant from seeking
judicial recourse for the same cause of action, and the respondent, from filing any counterclaim arising out
of or necessarily connected therewith.
Willful failure or refusal without justifiable cause on the part of any Pangkat member to act as such, as
determined by the vote of a majority of all the other members of the Lupon, whose decision thereon shall
be final, shall result in his disqualification from public office in the city or municipality for a period of one
year.

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 e) Time limit. The Pangkat shall arrive at a settlement/resolution of the dispute within fifteen (15) days from
the day it convenes in accordance with paragraph (c) hereof. This period shall, at the discretion of the
Pangkat, be extendible for another period which shall not exceed fifteen (15) days except in clearly
meritorious cases.

Conflict
 A conflict is a struggle between people. The struggle may be physical, or between conflicting ideas.
 The word comes from 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 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.

Conflict Theories

 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.
 It is therefore a macro-level analysis of society.
 Karl Marx is the father of the social conflict theory, which is a component of the four major paradigms of
sociology (Functionalism, Conflict theory, Symbolic Interaction and Feminists Perspective). 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:

 Conflict theory is most commonly associated with Marxism, but as a reaction to functionalism and the positivist
method, it may also be associated with a number of other perspectives, including:
1. Critical theory: To unmask the ideology falsely justifying some form of social or economic oppression—to reveal
it as ideology—and, in so doing, to contribute to the task of ending that oppression.
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: Philosophical and literary forms of theory that both build upon and reject ideas
established by structuralism.
5. Postcolonial theory: Is a body of thought primarily concerned with accounting for the political, aesthetic,
economic, historical, and social impact of European colonial rule around the world in the 18th through the 20th
century.
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 6. Queer theory: A growing body of research findings that challenges the heterosexual bias in Western society.
7. World systems theory
8. Race-Conflict Approach: A point of view that focuses on inequality and conflict between people of different
racial and ethnic categories.

Modern Approach on Conflict

 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, which introduced that term and describes the
relationships and class alliances among the US political, military, and economic elites; White Collar: The
American Middle Classes, on the American middle class; 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 [Link] are defined by inequality that produces conflict, rather
than which produces order and consensus. This conflict based on inequality can only be overcome through a
fundamental transformation of the existing relations in the society and is productive of new social [Link]
disadvantaged have structural interests that run counter to the status quo, which, once theyare assumed, will
lead to social change. Thus, they are viewed as agents of change rather than objects one should feel sympathy
[Link] potential (e.g., capacity for creativity) is suppressed by conditions of exploitation and oppression,
which are necessary in any society with an unequal division of labor. These and other qualities do not necessarily
have to be stunted due to the requirements of the so-called "civilizing process," or "functional necessity":
creativity is actually an engine for economic development and change.

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.
 Committed group members attempt to resolve group conflicts by actively communicating information about
their conflicting motives or ideologies to the rest of group (e.g., intentions; reasons for holding certain beliefs)
and by engaging in collective negotiation. Dimensions of resolution typically parallel the dimensions of conflict in
the way the conflict is processed.
o Cognitive resolution is the way disputants understand and view the conflict, with beliefs, perspectives,
understandings and attitudes.
o Emotional resolution is in the way disputants feel about a conflict, the emotional energy.
o Behavioral resolution is reflective of how the disputants act, their behavior.
 Ultimately a wide range of methods and procedures for addressing conflict exist, including negotiation,
mediation, mediation-arbitration, diplomacy, and creative peace building.
 Kenneth Thomas and Ralph Kilmann developed (5)five conflict resolution strategies that people use to handle
conflict, including avoiding, defeating, compromising, accommodating, and collaborating. This assumes that

24
 people choose how cooperative and how assertive to be in a conflict. It suggests that everyone has preferred
ways of responding to conflict, but most of us use all methods under various circumstances.

(5) Five Conflict Resolution Strategies

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.
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.
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/he 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 commandeer the process and take control
of most conversations.
4. Collaborating - Collaborating is the method used when people are both assertive and cooperative. A group
maylearn 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.
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.

What are the Conflict Resolution Strategies?

 Kenneth Thomas and Ralph Kilmann (2015) developed five conflict resolution strategies Thomas – Kilmann
Instrument or more generally known as TKI Conflict Strategies that people use to handle conflict, including
avoiding, defeating, compromising, accommodating, and collaborating.
 The Thomas-Kilmann Instrument (TKI conflict strategy) is designed to measure a person’s behavior in conflict
situations. “Conflict situations” are those in which the concerns of two people appear to be incompatible.
 In such conflict situations, an individual’s behavior can be described along Two Major dimensions:
1. Assertiveness (confident and forceful behavior)- The extent to which the person attempts to satisfy
his own concerns, and
2. Cooperativeness - The extent to which the person attempts to satisfy the other person’s concerns.

The following are the five (5) Conflict Resolution Strategies:

1. Avoiding
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  This is unassertive and uncooperative.
 The person neither pursues his own concerns nor those of the other individual. Thus, he does not deal with the
conflict. Avoiding might take the form of diplomatically sidestepping an issue, postponing an issue until a better
time, or simply withdrawing from a threatening situation.
 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 are not really contributing anything of
value to the conversation and may be withholding worthwhile ideas. When conflict is avoided, nothing is
resolved.

2. Competing (defeating)

 This is assertive and uncooperative.

 An individual pursues his own concerns at the other person’s expense.
 This is a power-oriented mode in which you use whatever power seems appropriate to win your own position—
your ability to argue, your rank, or economic sanctions.
 Competing means “standing up for your rights,” defending a position which you believe is correct, or simply
trying to win. Competing is used by people who go into a conflict planning to win.
 Competing might work in sports or war, but it’s rarely a good strategy for group problem solving.

3. Accommodating

 This is unassertive and cooperative

 The complete opposite of competing. When accommodating, the individual neglects his own concerns to satisfy
the concerns of the other person; there is an element of self-sacrifice in this mode. Accommodating might take
the form of selfless generosity or charity, obeying another person’s order when you would prefer not to, or
yielding to another’s point of view.
 Also, accommodating is a strategy where one party gives in to the wishes or demands of another. They are being
cooperative but not assertive.
 This may appear to be a gracious way to give in when one figures out s/he has been wrong about an argument.
 It is 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 commandeer the process and take control of most conversations.

4. Collaborating

 It is both assertive and cooperative.

 The complete opposite of avoiding.
 Collaborating involves an attempt to work with others to find some solution that fully satisfies their concerns. It
means digging into an issue to pinpoint the underlying needs and wants of the two individuals. Collaborating
between two persons might take the form of exploring a disagreement to learn from each other’s insights or
trying to find a creative solution to an interpersonal problem.

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  A group may learn to allow each participant to contribute with the possibility of co-creating a shared solution
that everyone can support.

5. Compromising

 It is moderate in both assertiveness and cooperativeness.

 The objective is to find some expedient, mutually acceptable solution that partially satisfies both parties. It falls
intermediate between competing and accommodating. Compromising gives up more than competing but less
than accommodating. Likewise, it addresses an issue more directly than avoiding, but does not explore it in as
much depth as collaborating. In some situations, compromising might mean splitting the difference between the
two positions, exchanging concessions, or seeking a quick middle- ground solution.
 The concept of this 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 outcome.

The Alternative Dispute Resolution(ADR)

 Alternative Dispute Resolution (ADR) is the procedure for settling disputes without litigation, such as arbitration,
mediation, or negotiation. ADR procedures are usually less costly and more expeditious. They are increasingly
being utilized in disputes that would otherwise result in litigation, including high-profile labor disputes, divorce
actions, and personal injury claims.

Terms to Ponder:

1. Arbitration - A process similar to an informal trial where an impartial third party hears each side of a dispute
and issues a decision; the parties may agree to have the decision be binding or non-binding.
2. Binding decision - A binding decision is a ruling that the parties must abide by whether or not they agree with
it;
3. Non-binding decision is a ruling that the parties may choose to ignore.
4. Arbitrator - An impartial person given the power to resolve a dispute by hearing each side and coming to
decision.
5. Hearing - A proceeding in which evidence and arguments are presented, usually toadecision-maker who will
issue ruling.
6. Mediation - A collaborative process where a mediator works with the parties to come to a mutually agreeable
solution; mediation is usually non-binding.

METHODS, TECHNIQUES AND STRATEGIES OF RECONCILIATION, ARBITRATION,NEGOTIATION, AND

MEDIATION

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A. RECONCILIATION

 Reconciliation is a rather new concept in the new field of conflict resolution. There is no standard definition that
all scholars and practitioners rely on. However, almost everyone acknowledges that it includes at least four
critical components identified by John Paul Lederach - truth, justice, mercy, and peace.
Methods, Techniques and Strategies in Reconciliation:

1. Reparation

 Although most cases of reparation and restitution take place after a conflict ends,restitution can still
function in a conflict situation by, as Barkan argues, providing a dialogue that focuses on mutual
recognition of identity and perceived histories. Lederach rightly observes that a central challenge for
transformation is to 'encourage people to address and articulate a positive sense of identity in
relationship to others.' Reparation and restitution, therefore, can open up the possibility of using
dialogues on restitution asan alternative to conflict. In Barkan's words, restitution may become a force in
resolving conflicts and promote reconciliation.

2. Retributive Justice: Trials or Amnesty

 In the popular sentiment, retributive justice is probably the most common response to injustices and
wrongdoings. The propensity for retributive justice since timeimmemorial is also reinforced by the liberal
human rights tradition that dates back to as early as the Enlightenment. Based on several central
concepts of desert, the rule of law, human rights, and democracy, advocates of the liberal human rights
tradition 'place a premium on the punishment of perpetrators and the vindications of victims in response
to large scale crimes against humanity, war crimes, and other human rights violations.'

3. Apology and Forgiveness

 As Barkan and Karn observes, apology can help 'bridge the victim's need for acknowledgment and the
perpetrator's desire to reclaim humanity.' The same function can be said of forgiveness, which may be
defined not only as a form of acknowledgment but also an obligation toward the repentant offender.
Conceived as such, both apology andforgiveness may contribute to restoring the relationship
betweenperpetrators and victims that were served because of injustices and injuries inflicted by the
conflict.

B. ARBITRATION

 A technique used to solve disputes outside the courts, in which a third party reviews the case and imposes a
decision. It’s often used in resolving disputes within commercial situations, such as international commercial
situations. Also, between consumer and employment matters.

Methods, Techniques and Strategies in Arbitration:

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1. Collaborative divorce/ Collaborative law

 Collaborative Law also called Collaborative Practice, Collaborative Divorce, and/or Collaborative Family
Law. It considered to be a family law technique, used in helping couples to decide on whether to
separate or end their marriage, and the middle person/or persons are their lawyers and on occasions
other family professionals example Priest/Pastor are required or used to avoid settling in court.

2. Conciliation

 This technique is used to resolve a situation with the use of a counselor and again,rather than visiting the
court.

3. Conflict resolution

 Resolution is used inversely with dispute resolution and alternate dispute resolution. It is basically all the
different methods used to solve a dispute outside the court. It combines all ten methods being described
here in addition to meditation and dispute resolution.

4. Meditation

 Meditation used in law is a branch of Alternative Dispute Resolution (ADR). It’s a way of resolving issues
between two or more parties, the third party is the mediator andis there to assist and give a fair and
reasonable settlement in the negotiation process between the two parties involved. The presence of the
mediator is the key feature of this process. This method is excellent in dealing with conflicts between a
Union and a [Link] negotiations are taking place the union can ask its’ members to
strikewhen a dispute arises and the corporation can request for a third party to settle the conflict, vice
versa.

5. Negotiation

 Negotiation is a method used to convince the parties involved to basically all come to one mutual
agreement. It is a bargaining technique/skill that a person gains with experience,it can also be considered
as a form of Marketing.

6. Online dispute resolution

 This is one type of dispute resolution that uses technology to aid in the resolutions of disputes, e.g.,
telephones, internet, etc. It mainly involves a bit of negotiation, mediation and/or arbitration in the
resolution process.

7. Party-directed mediation

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  This approach seeks to resolve a conflict without the aid of a mediator. The mediator can be present, but
the parties must note that the mediator is there to help theparties manage their own conflict without
judging either party or even taking sides.

8. Restorative justice

 Restorative justice also called reparative justice is a method of punishment by thejustice system,
whereby it focuses on victims and small offenders.

9. Litigation

 Litigation is a lawsuit brought before a court of law, whereby the party who claims for damages is the
plaintiff and the person/s is the defendant. Once the plaintiff seeks legal action and is successful the
defendant is responsible to respond to the claim. It may entail dispute resolution of private law issues
between individuals, businesses and/or non-profit organizations.

10. Dispute Resolution

C. NEGOTIATION

 is where two parties in contention or dispute (battle) arrive at a settlement between themselves that the two of
them can concur on. Negotiations are reached through conversations made between the parties or their
delegates without the inclusion of the outsider. Each gathering ought to counsel or see a legal advisor before
settling down the issue, so they are very much aware of their privileges and obligations in regard to the issue or
dispute they are happy to fathom.

Methods, Techniques and Strategies in Negotiation:

1. Consider interests and values separately: Separate the person from the problem and engage issues
individually at the negotiation table. Determine what worth your counterpart attaches to her positions and
bargain accordingly.
2. Engage in relationship-building dialogue: Build relationships through establishing rapport or common
cause, bringing your counterpart to your side while helping yourself to understand her interests and values at
the negotiation table.
3. Appeal to overarching values: Appealing to common or shared values can help bridge the gap at the
bargaining table by bringing you and your counterpart closer together in terms of bargaining interests. By
establishing a common negotiating ground, you can begin to create value (and claim more value) using
integrative negotiation strategies.
4. Confront value differences directly: The areas where you and your counterpart do not see eye-to-eye are
areas of growth and opportunities for value creation. Understanding your differences, you can best work to
reconcile them in order to achieve bargaining success.

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  Even in cases where resolution of a dispute is not possible, these four approaches will allow for greater
understanding between parties, and clarify where the differences of identity and values lie. In many
cases, however, following these steps will help ensure that a values-based dispute can be negotiated
successfully.

D. MEDIATION

 A good mediator uses many strategies and tactics to help the parties reach agreement.

These include: (Strategies and Tactics of a Good Mediator)

 Ripeness-Promoting Strategies: strategies to convince people that negotiation ispreferable to continued

confrontation.
 Convening Processes: The role of convening is to bring disputants to a preliminary meeting where they will
discuss the issues of a conflict and consider options for its resolution. Tasks involved include assessing the
conflict situation, identifying key stakeholders and participants, introducing options for a resolution process, and
considering ground rules.
 Conflict Assessment: The process of determining what is going on, who is involved, what options for resolution
might be possible, what procedural approaches might work.
 Ground Rules: Safe places in communication also tend to be created and sustained whenthe ground rules of the
encounter are clearly set forth and agreed upon at the first meeting. Rules such as no interrupting, giving every
participant equal opportunities to speak, and not pressuring individuals to speak who do not yet feel
comfortable doing so are some commonly used rules.
 Codes of Conduct for Intervenors: Just as ground rules set the codes of conduct for participants, mediators also
have codes of conduct. While some are negotiated on a case- by-case basis, others are fairly standard and are
specified in various existing documents.
 Sequencing Strategies and Tactics: Mediators dealing with very large social conflicts haveto skillfully manage a
very complex and diverse set of challenges. In order to do that, these people must think about the best way to
order or sequence the issues involved in their conflict. This essay describes some sequencing models and tactics.
 Creating Safe Spaces for Communication: Due to misunderstandings, distrust,and prejudice, communication
between parties is often difficult. This essay discusses various obstacles to effective communication and explores
how to create a supportive climate in which parties feel comfortable discussing their differences.
 Reframing: Parties enter into mediation with their own interpretation of the problem:what issues are in dispute,
why the problem has arisen, and how best to resolve it. One of the first things a mediator does is to get the
parties to explain their view of the problem so that each side sees how the other is framing the conflict. The
mediator then helps disputants to redefine the way they think about the dispute and work toward a common
definition of the problem.
 Option Identification: Option identification is an essential step in the process of resolving any conflict. Once all
parties to the conflict have identified the issues under contention, they should systematically list ALL options
that they see available to them for advancing their interests. Often this is the most creative step of the
mediation process.

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  Focusing on Commonalities: Working towards a solution often requires that parties both understand their
differences and yet focus on their commonalities. This essay outlines some strategies for locating common
ground.
 Caucus: Caucuses are meetings that mediators hold separately with each side of a disputein order to keep
mediation moving forward. They can be called by the mediator or by oneof the parties to work out problems
that occur during the process. This essay outlines the basic steps of a caucus and their role in effective mediation
processes. It also discusses the downsides of caucusing.
 Shuttle Diplomacy: Rather than allowing for the exchange of views and producing compromise, direct
communication between the parties may sometimes make the situation worse. The essence of shuttle
diplomacy is the use of a third party to convey information back and forth between the parties in cases where
direct communication is likely to be counterproductive.
 Reality Testing: Sometimes parties believe that they have an alternative or option that is better than what they
will get through participating in mediation. Reality testing involves asking questions about each party's options
and convincing resistant parties that mediation is their best option.
 Costing: Cost-benefit analysis is a matter of analyzing the costs and benefits of different options to determine
what approach or solution to choose. Costing occurs throughout the mediation process as parties decide
whether or not to participate and choose amongsettlement possibilities.
 Action-Forcing Mechanisms: These are mechanisms to get parties to move ahead when one or more of the
parties is stalling.
 Establishing Trust in Mediation: One important task for mediators is to build and maintain the parties' trust of
the mediation process, the mediators, and between the parties themselves. When trust levels are high, parties
are less defensive and more willing to share information with other parties at the mediation table and in private
sessions with the mediator.

THE KATARUNGANG PAMBARANGAY

 Katarungang Pambarangay, or the Barangay Justice System is a local justice system in the Philippines. It is
operated by the smallest of the local government units, the barangay, and is overseen by the barangay captain,
the highest elected official of the barangay and its executive. The barangay captain sits on the Lupon
Tagapamayapa along with other barangay residents, which is the committee that decides disputes and other
matters. They do not constitute a court as they do not have judicial powers.
 The system exists to help decongest the regular courts and works mostly as "alternative,community-based
mechanism for dispute resolution of conflicts," also described as a"compulsory mediation process at the village
level."
 Throughout the Philippines the Barangay Justice Systems handles thousands of cases a [Link] officials have
more flexibility in decision-making, including from complex evidence rules, and receive some resources from
government, the courts are more numerous and accessible than other courts and therefore the courts are able
to hear more cases and to respond more immediately.

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Read R.A 7160

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