Dispute Resolution and Crisis Management vCRIM 6

CRIM 6

conflingere

The word conflict comes from the latin word which means to come together for a battle.

Conflict

A serious disagreement and argument about something important.

Avoiding

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.

Competing

This is assertive and uncooperative. An individual pursues his own concerns at the other persons expense.

Accommodating

This is unassertive and cooperative, the complete opposite of competing. the individual neglects his own concerns to satisfy the concerns of the other person, there is an element of self sacrifice in this mode.

Collaborating

It is both assertive and cooperative the complete opposite of avoiding. involves an attempt to work with others to find some solution that fully satisfies their concerns.

Compromising

It is moderate in both assertiveness and cooperativeness. The objective is to find some convenient, mutually acceptable solution that partially satisfy both parties. It falls intermediate between competing and accommodating.

Alternative Dispute Resolution

A system, using means and methods allowed by law and approved by the parties, for the purpose of resolving or facilitating the resolution of disputes and controversies between them, in an convenient and speedy manner, without resorting to court adjudication.

Negotiation

A process where to parties in a conflict or disagreement try to reach a resolution together.

can occur with or without the assistance of a neutral third party.

It is a flexible and informal process that allows the parties to maintain control over the outcome.

Reason

to produce something better than results that can be obtained without negotiation.

Goal

an agreement that is acceptable to all parties, to which they remain committed, and which they needed to implement.

Mediation

This is a process where a neutral third party (the mediator) selected by the parties helps the disputing parties communicate, understand each other's perspectives, and reach a mutually acceptable agreement.

Mediation

is a non-adversarial or cooperative process where the mediator does not impose a solution but facilitates the parties in finding their own.

Mediator

A person who conducts mediation.

Memorandum of Agreement

A cooperative agreement written between the parties to obey the agreed terms and conditions.

Conciliation

Similar to mediation, involves a neutral third party assists the parties in reaching a settlement. However, it may play a more active role in suggesting solutions or bridging gaps between the parties in a friendly manner.

Arbitration

is a more formal process than mediation, often involving the presentation of evidence and legal arguments.

Early Neutral Evaluation

in the Philippines is a dispute resolution method where a neutral third party the evaluator (usually a lawyer) reviews the case early and gives a non-binding opinion on the strengths and weaknesses of each side’s claims.

Court-Annexed Mediation

in the Philippines is a process where the court refers a case to mediation so the parties can try to settle their dispute amicably with the help of a neutral mediator, instead of going through a long trial.

Judicial Dispute Resolution

in the Philippines is a way of settling a case inside the court with the help of a judge, without going through a full trial.

Litigation

An action brought in court to enforce a particular right. Act or process of bringing a lawsuit in and of itself; a judicial contest; A contest authorized by law, in a court of justice for the purpose of enforcing a right.