Dispute Resolution and Crisis Management Overview

Dispute resolution and crisis management

A study involving the understanding, analysis and applying best strategies in resolving disputes at the elementary stage.

Dispute Resolution

The resolution of a dispute between two or more parties.

Alternative Dispute Resolution System

Means any process or procedures used to resolve a dispute or controversy, other than by adjudication of a presiding judge of a court or an officer of a government agency, as defined in the ADR Act, in which neutral third person participates to assist in the resolution of issues, including arbitration, mediation, conciliation, early neutral evaluation, mini-trial or any combination thereof.

Crises Management

Procedures necessary for a law enforcement leader to plan, mitigate, and respond to a crisis and the subsequent consequences.

Conflict theory

First developed by Karl Marx.

Conflict

Is defined as a clash between individuals arising out of a difference in thought process, attitudes, understanding, interests, requirements and even sometimes perceptions.

Assumptions of Conflict Theory

Competition, Revolution, Structural Inequality, War.

Competition

Exists as a result of the scarcity of resources, including material resources-money, property, commodities, and more.

Revolution

The idea is that change in a power dynamic between groups does not happen as the result of a gradual adaptation.

Structural Inequality

Human relationships and social structures all experience inequalities of power.

War

War as either a unifier or as a 'cleanser' of societies.

Types of Conflict

Information Conflicts, Values Conflicts, Interest Conflicts, Relationship Conflicts.

Information Conflicts

Arise when people have different or insufficient information, or disagree over what data is relevant.

Values Conflicts

Are created when people have perceived or actual incompatible belief systems.

Interest Conflicts

Are caused by competition over perceived or actual incompatible needs.

Relationship Conflicts

Occur when there are misperceptions, strong negative emotions, or poor communication.

Phases of Conflict

Prelude to conflict, Triggering Event, Initiation Phase, Differentiation Phase, Resolution Phase.

Prelude to conflict

It involves all the factors which possibly arise a conflict among individuals.

Triggering Event

An event which triggers the conflict.

Initiation Phase

The phase when the conflict has already begun.

Differentiation Phase

It is the phase when the individuals voice out their differences against each other.

Resolution Phase

As conflict leads to nowhere, individuals try to compromise to some extent and resolve the conflict.

Conflict Resolution Strategies

TKI Strategies (by Keneth Thomas and Ralph Kilman) - strategies that people use to handle conflict.

Avoiding

This is unassertive and uncooperative.

Competing

This is assertive but uncooperative.

Accommodating

This is unassertive and cooperative.

Collaborating

This is assertive and cooperative.

Compromising

The concept is that everyone gives up a little of what they want no one gets everything they want.

Modes or Methods of Dispute Resolution

Lawsuits (Litigation)(Judicial) - A lawsuit is a proceeding by a party or parties against another in the civil court of law.

Involuntary Litigation

Defendant must participate without choice.

Formal Rules

Structured rules of evidence and procedure apply.

Cross-examination

Opportunity to question the opposing party's witnesses.

Public Proceedings

Court records and sessions are open to the public.

Legal Decision

Based on applicable laws and legal standards.

Final and Binding

Decision must be accepted by all parties.

Right of Appeal

Losing party can challenge the decision.

Cost Responsibility

Losing party may be required to pay costs.

Alternative Dispute Resolution (ADR)

Processes resolving disputes outside court adjudication.

Collaborative Law

Legal process for couples to settle amicably.

Negotiation

Back-and-forth communication to settle differences.

Voluntary Negotiation

Parties choose to engage in the negotiation.

Private and Confidential

Negotiation details are not disclosed publicly.

Quick and Inexpensive

Negotiation typically requires less time and money.

Informal Process

No strict procedures; parties control the outcome.

Enforceable Agreements

Negotiated outcomes can be legally binding.

Win-Win Solution

Negotiation aims for mutual benefit for parties.

Restorative Justice

Focuses on repairing harm through community involvement.

Apology

Acknowledgment of responsibility by the offender.

Reintegration

Offender's return to community through action plans.

Victim's Harm Assessment

Evaluating damage caused by the crime.

Forgiveness

Victim's acceptance of the offender's apology.

Community Relationship

Healing and building connections among community members.

Encounter

Meeting for discussion between victim and offender.

Amends

Expectations for offenders to repair harm.

Inclusion

Both parties participate in the resolution process.

Restorative vs Retributive Justice

Restorative focuses on harm; retributive on punishment.

Arbitration

Voluntary resolution by appointed arbitrators.

Mediation

Voluntary process with mediator facilitating agreement.

Conciliation

Advisory role of a neutral third party.

Early Neutral Evaluation

Pre-trial assessment by an experienced neutral party.

Mediation-Arbitration (Med-Arb)

Two-step process of mediation followed by arbitration.

Mini-trial

Structured method for negotiating case merits.

Court-Annexed Mediation

Mediation under court's jurisdiction for dispute resolution.

Katarungang Pambaranggay

Local government dispute resolution body in the Philippines.

Barangay Conciliation Proceedings

Local dispute resolution process for individuals only.

Lupon

Group facilitating amicable settlements in barangays.

CDA

Agency for cooperative disputes and activities.

Philippine Construction Industry Arbitration Commission

Resolves contractual claims in construction industry.

Department of Agrarian Reform Adjudication Board

Handles agrarian disputes between landlords and tenants.

Barangay Agrarian Reform Committee (BARC)

Mediates agrarian disputes before arbitration.

Philippine Dispute Resolution Center, Inc.

Promotes arbitration and mediation for disputes.

National Conciliation and Mediation Board

Resolves labor disputes involving unionized workers.

National Labor Relations Commission

Adjudicates labor disputes and unfair practices.

Bureau of Labor Relations

Settles inter-union and intra-union labor disputes.

Commission on the Settlement of Land Problems

Settles land disputes involving occupants and government.

Insurance Commission

Resolves disputes in the insurance industry.

Bureau of Trade Regulation and Consumer Protection

Handles consumer complaints and violations of laws.

Comprehensive Agrarian Reform Law (CARL)

Legislation governing agrarian reform disputes.

Labor Disputes

Conflicts between employers and employees.

Habeas Corpus

Legal action for wrongful custody deprivation.

Provisional Remedies

Temporary legal measures during ongoing actions.

Statute of Limitations

Time limit for bringing legal actions.

Executive Order 1008

Establishes Philippine Construction Industry Arbitration Commission.

Republic Act 6939

Establishes Cooperative Development Authority.

Executive Order 126

Creates National Conciliation and Mediation Board.

Executive Order 561

Establishes Commission on Settlement of Land Problems.

Quasi-Judicial Power

Authority to adjudicate disputes without full court.

Labor Standards

Regulations governing employment conditions and rights.

Unfair Labor Practice

Employer actions violating labor laws or rights.

Court-Annexed Pilot Mediation Project

Initiative to resolve disputes through mediation.

Pilot-Test Areas

Mandaluyong and Valenzuela selected for mediation project.

Supreme Court Resolution

Adopted guidelines for mediation on November 17, 1999.

Pre-Trial Mediation

Judges encourage mediation before court proceedings.

Mediation Confidentiality

All mediation statements kept confidential.

Court Approval of Agreements

Mediation agreements become final if lawful.

Writ of Execution

Court order to enforce mediation agreement.

Office for Alternative Dispute Resolution (OADR)

Agency promoting ADR under the Department of Justice.

Mediator Appointment Authority

OADR appoints mediators if agreed by parties.

ADR Resource Center

Library for ADR laws and materials.

ADR Training Programs

Courses for ADR practitioners in public/private sectors.