DISPUTE RESOLUTION AND CRISIS MANAGEMENT

MODULE 1

I. INTRODUCTION
For the Learners:
Dispute Resolution and Crises/Incidents Management: 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.

II. LEARNING OUTCOMES

At the end of this module, the students must have:
 Recognize the nature of conflict and its impact on interpersonal relationships and organizations.
 Utilize and apply conflict intervention strategies such as mediation and negotiation in the management and resolution of conflict.
 Identify and describe the different methods of resolving disputes as alternatives to litigation.

LESSON FOCUS

CONFLICT

A clash between individuals arising out of a difference in thought process,

attitudes, understanding, interests, requirements and even sometimes
perceptions. A conflict results in heated arguments, physical abuses and
definitely loss of peace and harmony.

 Conflict Management

It is the process of limiting the negative aspects of conflict while increasing

the positive aspects of conflict. The aim of conflict management is to
enhance learning and group outcomes, including effectiveness or
performance in organizational setting.

 Conflict Theory
It is a set of criminological theories that holds that those in society who possess the social and economic power, the ruling class, define
antisocial behaviour. Antisocial behaviour results from class conflict and social and economic inequality. (Wikipedia)
 Conflict Theories
These 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. (Karl Marx)
1. Critical theory - is an approach to social philosophy that focuses on reflective assessment and critique of society and culture in
order to reveal and challenge power structures.

2. Feminist theory is the extension of feminism into theoretical, fictional, or philosophical discourse that aims to understand the
nature of gender inequality.
3. Postmodernism is a broad movement that developed in the mid- to late 20th century across philosophy, the arts, architecture,
and criticism, marking a departure from modernism.
4. Post-structuralism is a term for philosophical, theoretical and literary forms of theory that both build upon and reject ideas
established by structuralism, the intellectual project that preceded it.
5. Post colonialism is the critical academic study of the cultural legacy of colonialism and imperialism, focusing on the human
consequences of the control and exploitation of colonized people and their lands.
6. Queer theory is a field of critical theory that emerged in the early 1990s out of queer studies (often, formerly, gay and lesbian
studies) and women's studies.
7. Critical race theory (CRT) is an academic movement made up of civil-rights scholars and activists in the United States who seek to
critically examine the law as it intersects with issues of race, and to challenge mainstream liberal approaches to racial justice.

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Kenneth Thomas and Ralph Kilmann Five Conflict Resolution Strategies
1. 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.
2. 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.
3. Accommodating is a strategy where one party gives in to the wishes or
demands of another. They’re being cooperative but not assertive.
4. Collaborating is the method used when people are both assertive and
cooperative. A group may learn to allow each participant to make a
contribution with the possibility of co-creating a shared solution that
everyone can support.
5. Compromising is 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.

Republic Act No. 9285 of April 2, 2004 (President Gloria M. Arroyo)

This act shall be known as the Alternative Dispute Resolution Act of 2004.
An act to institutionalize the use of an alternative dispute resolution system in the Philippines and to establish the office for alternative
dispute resolution, and for other purposes

Section 3 Chapter 1

 Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom. ADR typically includes
early neutral evaluation, negotiation, conciliation, mediation, and arbitration.

 Alternative Dispute Resolution System

Refers to 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 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;

a. "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.
Whenever referred to in this Act, the term "ADR practitioners" shall
refer to individuals acting as mediator, conciliator, arbitrator or neutral
evaluator;
b. "Authenticate" means to sign, execute or adopt a symbol, or encrypt a
record in whole or in part, intended to identify the authenticating party and
to adopt, accept or establish the authenticity of a record or term;
c. "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 this Act, resolve a dispute by
rendering an award;
d. "Arbitrator" means the person appointed to render an award, alone or with others, in a dispute that is the subject of an arbitration
agreement;
e. "Award" means any partial or final decision by an arbitrator in resolving the issue in a controversy;
f. "Commercial Arbitration" An arbitration is "commercial if it covers matter arising from all relationships of a commercial nature,
whether contractual or not;
g. "Confidential information" means any information, relative to the subject of mediation or arbitration, expressly intended by the
source not to be disclosed, or obtained under circumstances that would create a reasonable expectation on behalf of the source
that the information shall not be disclosed.
h. "Convention Award" means a foreign arbitral award made in a Convention State;
i. "Convention State" means a State that is a member of the New York Convention;
j. "Court" as referred to in Article 6 of the Model Law shall mean a Regional Trial Court;
k. "Court-Annexed Mediation" means any mediation process conducted under the auspices of the court, after such court has
acquired jurisdiction of the dispute;
l. "Court-Referred Mediation" means mediation ordered by a court to be conducted in accordance with the Agreement of the
Parties when as action is prematurely commenced in violation of such agreement;

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m. "Early Neutral Evaluation" 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;
n. "Government Agency" means any government entity, office or officer, other than a court that is vested by law with quasi-judicial
power to resolve or adjudicate dispute involving the government, its agencies and instrumentalities, or private persons;
o. "International Party" shall mean an entity whose place of business is outside the Philippines. It shall not include a domestic
subsidiary of such international party or a coventurer in a joint venture with a party which has its place of business in the
Philippines.
p. "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.
q. "Mediator" means a person who conducts mediation;
r. "Mediation Party" means a person who participates in a mediation and whose consent is necessary to resolve the dispute;
s. "Mediation-Arbitration" or Med-Arb is a step dispute resolution process involving both mediation and arbitration;
t. "Mini-Trial" 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;
u. "Model Law" means the Model Law on International Commercial Arbitration adopted by the United Nations Commission on
International Trade Law on 21 June 1985;
v. "New York Convention" means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards
approved in 1958 and ratified by the Philippine Senate under Senate Resolution No. 71;
w. "Non-Convention Award" means a foreign arbitral award made in a State which is not a Convention State;
x. "Non-Convention State" means a State that is not a member of the New York Convention.
y. "Non-Party Participant" means a person, other than a party or mediator, who participates in a mediation proceeding as a witness,
resource person or expert;
z. "Proceeding" means a judicial, administrative, or other adjudicative process, including related pre-hearing motions, conferences
and discovery;
aa. "Record" means an information written on a tangible medium or stored in an electronic or other similar medium, retrievable form;
and
bb. "Roster" means a list of persons qualified to provide ADR services as neutrals or to serve as arbitrators.

SEC. 5. Liability of ADR Provider and Practitioner. - The ADR providers and practitioners shall have the same civil liability for the Acts
done in the performance of then duties as that of public officers as provided in Section 38 (1), Chapter 9, Book of the Administrative
Code of 1987.

CHAPTER 2 – MEDIATION

SEC. 7. Scope. - The provisions of this Chapter shall cover voluntary mediation,
whether ad hoc or institutional, other than court-annexed. The term "mediation'
shall include conciliation.
SEC. 8. Application and Interpretation. - In applying construing the provisions of
this Chapter, consideration must be given to the need to promote candour or
parties and mediators through confidentiality of the mediation process, the policy
of fostering prompt, economical, and amicable resolution of disputes in
accordance with the principles of integrity of determination by the parties, and the
policy that the decision-making authority in the mediation process rests with the
parties.
SEC. 9. Confidentiality of Information. - Information obtained through mediation
proceedings shall be subject to the following principles and guidelines:
a. Information obtained through mediation shall be privileged and
confidential.
b. A party, a mediator, or a non-party participant may refuse to disclose and
may prevent any other person from disclosing a mediation
communication.
c. Confidential Information shall not be subject to discovery and shall be inadmissible if any adversarial proceeding, whether
judicial or quasi-judicial, However, evidence or information that is otherwise admissible or subject to discovery does not
become inadmissible or protected from discovery solely by reason of its use in a mediation.
d. In such an adversarial proceeding, the following persons involved or previously involved in a mediation may not be compelled
to disclose confidential information obtained during mediation: (1) the parties to the dispute; (2) the mediator or mediators;
(3) the counsel for the parties; (4) the non-party participants; (5) any persons hired or engaged in connection with the
mediation as secretary, stenographer, clerk or assistant; and (6) any other person who obtains or possesses confidential
information by reason of his/her profession.
e. The protections of this Act shall continue to apply even of a mediator is found to have failed to act impartially.

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 f. A mediator may not be called to testify to provide information gathered in mediation. A mediator who is wrongfully
subpoenaed shall be reimbursed the full cost of his attorney's fees and related expenses.
SEC. 10. Waiver of Confidentiality. - A privilege arising from the confidentiality of information may be waived in a record, or orally
during a proceeding by the mediator and the mediation parties.
a. A privilege arising from the confidentiality of information may likewise be waived by a non-party participant if the information
is provided by such non-party participant.
b. A person who discloses confidential information shall be precluded from asserting the privilege under Section 9 of this Chapter
to bar disclosure of the rest of the information necessary to a complete understanding of the previously disclosed information.
If a person suffers loss or damages in a judicial proceeding against the person who made the disclosure.
c. A person who discloses or makes a representation about a mediation is preclude from asserting the privilege under Section 9,
to the extent that the communication prejudices another person in the proceeding and it is necessary for the person
prejudiced to respond to the representation of disclosure.
SEC. 11. Exceptions to Privilege. -
A. There is no privilege against disclosure under Section 9 if mediation communication is:
a. In an agreement evidenced by a record authenticated by all parties to the agreement;
b. Available to the public or that is made during a session of a mediation which is open, or is required by law to be open, to
the public;
c. A threat or statement of a plan to inflict bodily injury or commit a crime of violence;
d. Internationally used to plan a crime, attempt to commit, or commit a crime, or conceal an ongoing crime or criminal
activity;
e. sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a public
agency is protecting the interest of an individual protected by law; but this exception does not apply where a child
protection matter is referred to mediation by a court or a public agency participates in the child protection mediation;
f. Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against
mediator in a proceeding; or
g. Sought or offered to prove or disprove a claim of complaint of professional misconduct of malpractice filed against a party,
non-party participant, or representative of a party based on conduct occurring during a mediation.
B. There is no privilege under Section 9 if a court or administrative agency, finds, after a hearing in camera, that the party seeking
discovery of the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the
evidence that substantially outweighs the interest in protecting confidentiality, and the mediation communication is sought or
offered in:
a. A court proceeding involving a crime or felony; or
b. A proceeding to prove a claim or defines that under the law is sufficient to reform or avoid a liability on a contract arising
out of the mediation.
C. A mediator may not be compelled to provide evidence of a mediation communication or testify in such proceeding.
SEC. 13. Mediator's Disclosure and Conflict of Interest. - The mediation shall be
guided by the following operative principles:
A. Before accepting a mediation, an individual who is requested to serve
as a mediator shall:
a. make an inquiry that is reasonable under the circumstances to
determinate whether there are any known facts that a reasonable
individual would consider likely to affect the impartiality of the
mediator, including a financial or personal interest in the outcome
of the mediation and any existing or past relationship with a party
or foreseeable participant in the mediation; and
b. Disclosure to the mediation parties any such fact known or learned
as soon as is practical before accepting a mediation.
B. If a mediation learns any fact described in paragraph (a) (1) of this
section after accepting a mediation, the mediator shall disclose it as
soon as practicable.
C. At the request of a mediation party, an individual who is requested to
serve as mediator shall disclose his/her qualifications to mediate a
dispute.
D. This Act does not require that a mediator shall have special
qualifications by background or profession unless the special
qualifications of a mediator are required in the mediation agreement
or by the mediation parties.
SEC. 14. Participation in Mediation. - Except as otherwise provided in this Act, a
party may designate a lawyer or any other person to provide assistance in the mediation. A lawyer of this right shall be made in writing
by the party waiving it. A waiver of participation or legal representation may be rescinded at any time.
SEC. 15. Place of Mediation. - The parties are free to agree on the place of mediation. Failing such agreement, the place of mediation
shall be any place convenient and appropriate to all parties.

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SEC. 16. Effect of Agreement to Submit Dispute to Mediation under Institutional Rules. - An agreement to submit a dispute to
mediation by any institution shall include an agreement to be bound by the internal mediation and administrative policies of such
institution. Further, an agreement to submit a dispute to mediation under international mediation rule shall be deemed to include an
agreement to have such rules govern the mediation of the dispute and for the mediator, the parties, their respective counsel, and non-
party participants to abide by such rules. In case of conflict between the institutional mediation rules and the provisions of this Act, the
latter shall prevail.
SEC. 17. Enforcement of Mediated Settlement Agreement. - The mediation shall be guided by the following operative principles:
A. A settlement agreement following successful mediation shall be prepared by the parties with the assistance of their respective
counsel, if any, and by the mediator.
B. The parties and their respective counsels shall endeavour to make the terms and condition thereof complete and make
adequate provisions for the contingency of breach to avoid conflicting interpretations of the agreement.
C. The parties and their respective counsels, if any, shall sign the settlement agreement. The mediator shall certify that he/she
explained the contents of the settlement agreement to the parties in a language known to them.
D. If the parties so desire, they may deposit such settlement agreement with the appropriate Clerk of a Regional Trial Court of the
place where one of the parties resides. Where there is a need to enforce the settlement agreement, a petition may be filed by
any of the parties with the same court, in which case, the court shall proceed summarily to hear the petition, in accordance
with such rules of procedure as may be promulgated by the Supreme Court.
E. The parties may agree in the settlement agreement that the mediator shall become a sole arbitrator for the dispute and shall
treat the settlement agreement as an arbitral award which shall be subject to enforcement under Republic Act No. 876,
otherwise known as the Arbitration Law, notwithstanding the provisions of Executive Order No. 1008 for mediated dispute
outside of the CIAC.

Activity
I. Fill up the missing Five Conflict Resolution Strategies

II. Identification
____________1. Means the Model Law on International Commercial Arbitration adopted by the United Nations
Commission on International Trade Law on 21 June 1985.
____________2. Theory that refers the extension of feminism into theoretical, fictional,
or philosophical discourse that aims to understand the nature of gender inequality.
____________3. An approach to social philosophy that focuses on reflective assessment and critique of society
and culture in order to reveal and challenge power structures.
____________4. A field of critical theory that emerged in the early 1990s out of queer studies (often, formerly,
gay and lesbian studies) and women's studies.
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CRIM 5 DISPUTE RESOLUTION AND CRISIS MANAGEMENT Module 1
____________5. an academic movement made up of civil-rights scholars and activists in the United States who
seek to critically examine the law as it intersects with issues of race, and to challenge
mainstream liberal approaches to racial justice.
____________6. Means a judicial, administrative, or other adjudicative process, including related pre-hearing
motions, conferences and discovery.

____________7. Means to sign, execute or adopt a symbol, or encrypt a record in whole or in part, intended to
identify the authenticating party and to adopt, accept or establish the authenticity of a record or term.
____________8. Mean an entity whose place of business is outside the Philippines. It shall not include a
domestic subsidiary of such international party or a coventurer in a joint venture with a party which has its place
of business in the Philippines.

____________9. 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

___________10. The method used when people are both assertive and cooperative. A group may learn to allow
each participant to make a contribution with the possibility of co-creating a shared solution that everyone can
support.
III. Multiple Choice
Directions: Read each statement carefully. Choose the correct answer from the options provided. Write the letter of your choice in a
separate sheet of paper.
1. 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.
a. Competing b. Avoiding c. Collaborating d. Compromising
2. The method used when people are both assertive and cooperative. A group may learn to allow each
participant to make a contribution with the possibility of co-creating a shared solution that everyone can
support.
a. Competing b. Avoiding c. Collaborating d. Compromising
3. Strategy where one party gives in to the wishes or demands of another. They’re being cooperative but
not assertive.
a. Competing b. Accommodating c. Collaborating d. Compromising
4. Is 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.
a. Competing b. Accommodating c. Collaborating d. Compromising
5. 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.
a. Competing b. Accommodating c. Collaborating d. Compromising
6. 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.
a. Mediation b. Mediation Party c. Mediator d. Mediation-Arbitratio
7. a step dispute resolution process involving both mediation and arbitration;
a. Mediation b. Mediation Party c. Mediator d. Mediation-Arbitration
8. 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.
a. Mini-Trial b. Mediation Party c. Mediator d. Mediation-Arbitration
9. Means a person who participates in a mediation and whose consent is necessary to resolve the dispute.
a. Mini-Trial b. Mediation Party c. Mediator d. Mediation-Arbitration
10. means the Model Law on International Commercial Arbitration adopted by the United Nations
Commission on International Trade Law on 21 June 1985;
a. Mini-Trial b. Modern Law c. Mediator d. Mediation-Arbitration

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