Chapter 1

DISPUTE RESOLUTION AND CRISES/INCIDENTS MANAGEMENT

COURSE DESCRIPTION

This course deals with the study of the process of dealing and resolving
conflicts/disputes resolution and crises management. It includes the art of intervention
through mediation and reconciliation of disagreements between stakeholder’s agencies.
Likewise, the course includes handling of crises that the criminal justice personnel are
commonly encountered. Moreover, the study significantly provides mechanisms on how to
adopt strategies in dealing with potential and actual crises which are being addressed by
concerned agencies and authorities from law enforcement, corrections and communities.

LESSON 1

CONFLICT

What is 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.

What are Conflict Theories?

Conflict theory states that tensions and conflicts arise when resources, status, and
power are unevenly distributed between groups in society and that these conflicts
become the engine for social change. In this context, power can be understood as
control of material resources and accumulated wealth, control of politics and the
institutions that make up society, and one's social status relative to others (determined
not just by class but by race, gender, sexuality, culture, and religion, among other
things). (Crossman, 2019)
Conflict theory originated in the work of Karl Marx, who focused on the causes
and consequences of class conflict between the bourgeoisie (the owners of the
means of production and the capitalists) and the proletariat (the working class and the
poor). Many social theorists have built on Marx's conflict theory to bolster it, grow it,
and refine it over the years. Many others have drawn on conflict theory to develop
other types of theory within the social sciences, including the following:
1. Feminist theory;
2. Critical race theory;
3. Postmodern theory and postcolonial theory;
4. Queer theory;
5. Post-structural theory, and
6. Theories of globalization and world systems.

So, while initially conflict theory described class conflicts specifically, it has lent itself
over the years to studies of how other kinds of conflicts, like those premised on race, gender,
sexuality, religion, culture, and nationality, among others, are a part of contemporary social
structures, and how they affect our lives.
What are the Conflict Resolution Strategies?

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

a. Conflict Resolution Strategy #1: 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. 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.
b. Conflict Resolution Strategy #2: Competing
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.
c. Conflict Resolution Strategy #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.
d. Conflict Resolution Strategy #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.

A group may learn to allow each participant to contribute with the possibility of co-
creating a shared solution that everyone can support.
e. Conflict Resolution Strategy #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.
 LESSON 2

ALTERNATIVE DISPUTE RESOLUTION (ADR)

What is 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)?
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?
No. This Act shall be without prejudice to the adoption by the Supreme Court
of any ADR system, such as mediation, conciliation, arbitration, or 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)
What is Alternative Dispute Resolution?
Alternative Dispute Resolution System means any process or procedure used
 to resolve a dispute or controversy, other than by adjudication of a presiding judge of
a court or an officer of a government agency, as defined under RA 9285, 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)
What is Arbitration?
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)
Note: Award means any partial or final decision by an arbitrator in resolving the issue
or controversy.
Who is an Arbitrator?
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?
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)
What is Mediation?
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)
Who is a Mediator?
Mediator means a person who conducts mediation. (Sec. 3, par. r, RA 9285)
What is Mediation Party?
This means a person who participates in a mediation and whose consent is
necessary to resolve the dispute. (Sec. 3, par. s, RA 9285)
What is Mediation-Arbitration?
"Mediation-Arbitration" or Med-Arb is a step dispute resolution process involving
both mediation and arbitration. (Sec. 3, par. t, RA 9285)
What is Mini-trial?
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?
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.
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.
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.
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.
What is ADR Provider?
"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 nonaccredited individuals to act as mediator, conciliator,
 arbitrator, or neutral evaluator of their dispute. (Sec. 3, par. b, RA 9285)
What is the liability of ADR providers/Practitioners?
The ADR provides /practitioners shall have the same civil liability for acts done
in the performance of their official duties as that of public officers as provided in
Section 38 (1), Chapter 9, Book 1 of the Administrative Code of 1987, upon a clear
showing of bad faith, malice or gross negligence. (Article 1.5, IRR, RA 9285)

What are the cases wherein Republic Act No. 9285 does not apply?
The provisions of RA 92856 shall not apply to resolution or settlement of the
following:
a. 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;
b. The civil status of persons;
c. The validity of a marriage;
d. Any ground for legal separation;
e. The jurisdiction of courts;
f. Future legitime;
g. Criminal liability;
h. Those which by law cannot be compromised; and
i. Those disputes referred to court-annexed mediation. (Article 1.3, IRR, RA 9285)
THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION

What is the Office for Alternative Dispute Resolution?

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)
What are the powers of the OADR?
The OADR shall have the following powers:
a. To act as appointing authority of mediators and arbitrators when the
parties agree in writing that it shall be empowered to do so;
b. 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;
c. 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;
d. 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, private ADR organizations, and local and foreign
government offices and agencies and international organizations;
e. To certify those who have successfully completed the regular
professional training programs provided by the OADR;
f. To charge for services rendered such as, among others, for training and
certifications of ADR providers;
g. To accept donations, grants and other assistance from local and foreign
sources; and
h. 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)
What are the functions of OADR?
The OADR shall have the following functions:
i. To promote, develop and expand the use of ADR in the private and
public sectors through information, education and communication;
j. To monitor, study and evaluate the use of ADR by the private and public
sectors for purposes of, among others, policy formulation;
k. To recommend to Congress needful statutory changes to develop,
strengthen and improve ADR practices in accordance with international
professional standards;
l. 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;
m. 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
n. To perform such other functions as may be assigned to it. (Art. 2.3., IRR,
RA 9285)
5. State the Divisions of OADR.
The OADR shall have the following staff and service divisions, among others:
a. Secretariat – shall provide necessary support and discharge such other
functions and duties as may be directed by the Executive Director.
b. Public information and Promotion Division – shall be charged with the
dissemination of information, the promotion of the importance and public
acceptance of mediation, conciliation, arbitration or any combination
thereof and other ADR forms as a means of achieving speedy and
efficient means of resolving all disputes and to help in the promotion,
development and expansion of the use of ADR.
c. Training Division – shall be charged with the formulation of effective
standards for the training of ADR practitioners; conduct of training in
accordance with such standards; issuance of certifications of training to
ADR practitioners and ADR service providers who have undergone the
professional training provided by the OADR; and the coordination of the
development, implementation, monitoring and evaluation of government
and private sector ADR programs.
d. Records and Library Division – shall be charged with the establishment
and maintenance of a central repository of ADR laws, rules and
regulations, jurisprudence, books, articles, and other information about
ADR in the Philippines and elsewhere. (Art. 2.4., IRR, RA 9285)