ACADEMIC AFFAIRS DEPARTMENT

Year 4 - CRIM 6 Alternative Dispute Resolution and Crisis Management

Negotiation

Intended Learning Outcome (ILO):

At the end of the learning period, the student should be able to:

● Understand and relate the importance of negotiation in the use of ADR .

TOPIC 1- NEGOTIATION

The best method of resolving disputes is through negotiation. Although the two most
popular ADR methods are arbitration and mediation, negotiation is nearly often used to
settle disputes first.

Through negotiation, a problem can be resolved by getting the parties together. The
fundamental benefit of this method of dispute resolution is that it gives the parties
themselves the ability to direct the course of action and the resolution.

Compared to other forms of ADR, negotiation is far less formal and offers a lot more
freedom.

It is optional and non-obligatory. Without the aid of a neutral third party, the parties
attempt to resolve their differences among themselves. Each negotiator is associated
with a certain "side," and they will examine the situation from that perspective. In order
to avoid unnecessarily rising costs, negotiation should be considered, started as soon as
feasible, and a sincere effort should be made to reduce the parties' areas of
disagreement. Even when court actions have been initiated and are still pending,

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Year 4 - CRIM 6 Alternative Dispute Resolution and Crisis Management

negotiation should still be taken into account. The parties will often try to reach an
amicable resolution via discussions that are conducted "without prejudice."

The rights of the parties are not harmed if the negotiations fail to resolve the issue. The
reputations and relationships of the parties can be preserved through negotiation
because it is a private and confidential conflict settlement alternative.

Why negotiations?

As our wants, ambitions, goals, and positions conflict with those of others, conflicts arise
in both our personal and professional lives. Without compromise, differences may grow
into disputes, bitter resentment, and animosity. The goal of negotiation is to settle these
disagreements in a way that benefits both parties and leaves room for future discussion.

THE BENEFITS OF NEGOTIATION

Negotiation is very beneficial when used:

● By utilizing "preventive diplomacy," it is possible to stop a dispute from escalating.

● By enlarging the "pie," it can create vast new areas of interest for both parties.
● By swiftly resolving disputes, it saves both time and money.
● By enhancing communication, the likelihood of a successful outcome is
increased.
● In court, the judge renders judgment. The parties to a negotiation control the
outcome.
● It enables the parties to customize the choice to suit their own needs.
● Both complex and straightforward everyday problems can be resolved using it.
● It can be applied to settle a disagreement or strike a deal.

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Year 4 - CRIM 6 Alternative Dispute Resolution and Crisis Management

A more recent kind of ADR that is frequently used in divorce and family court is
collaborative law. Each party retains legal counsel, and the parties meet to negotiate a
settlement with the help of other experts, such as financial advisors or divorce coaches.
Because the parties typically agree to negotiate terms that make the process
amicable, such a commitment to refrain from using specific terminology or leveling
allegations, collaborative law has a similar vibe to mediation. The inability of the parties
to use or threaten to use the court system is one distinctive feature of collaborative law.
The collaborative law procedure ends and the attorneys are barred from further
involvement in the case if one of the parties makes a litigation threat.

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Year 4 - CRIM 6 Alternative Dispute Resolution and Crisis Management

WORKSHEET No. 4

Name: ___________________________________________ Date Submitted: ________________________

Professor: ________________________________________ Score: _________________________________

Your Task: After answering the worksheet, cut it and put it in an envelope and send it to the
PCCR dropbox. This practical exercise will gauge your comprehension of the different principles
and characteristics of Philippine criminal law.

A. Essay

How can you apply negotiation in your daily life?

_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________

HONESTY CONTRACT

I, _______________________________________________, do hereby certify that I answered the

questions/ accomplished the indicated task by myself honestly and to the best of my
knowledge and capability.

________________________________________
(Signature over printed name)

________________________
(Date signed)

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 ACADEMIC AFFAIRS DEPARTMENT
Year 4 - CRIM 6 Alternative Dispute Resolution and Crisis Management

Reminder: For consultation or any question/s regarding the topics discussed above, please
don’t hesitate to contact your professor at:

E-mail: [email protected]
Fb messenger: victor fallar
Cellphone: 09272044400

Process Oriented Evaluation Rubrics for Essay

Criteria Rating

Put a check mark on the 0 1 2 3

corresponding rating according No criteria 1 out of 3 2 out of 3 3 out of 3
to the criteria satisfied. met criteria criteria criteria
These rubrics must be used to met met met
evaluate PER ITEM or PER ESSAY
QUESTION not as a whole.
Essay must have the following:

1. Paragraph Construction
● Continued flow narrative of
the answers.
● Logical statement from
Introduction, body to
conclusion.
● Vertical alignment of
narrative response from initial
statement to the last.

2. Alignment to the stem

● Response directly answers
the stem or main question.
● Supporting reason or
rationale to the answer is
given
● Citation of specific text in
support of the response is
provided.

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Year 4 - CRIM 6 Alternative Dispute Resolution and Crisis Management

3. Brief but concise response

● Direct to the point answers.
● No mention of unrelated
topics.
● No vague response.

4. Grammar construction
● Correct subject – verb
agreement.
● Correct use of tenses.
● Correct spelling.

5. Presentation of Idea
● Response is objective.
● Opinion is supported with
textual basis.
● Additional or supplemental
referencing is given to
support answers.

Score Value Interpretation

0 0 Absent

1-5 5 Novice

6-10 10 Advance Beginner

11-15 15 Competent
(Research Procedural Manual for Criminology, 2019)

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Year 4 - CRIM 6 Alternative Dispute Resolution and Crisis Management

Overview of the Course

Week no. Topics Intended Learning Outcomes

At the end of the learning period, the students
should be able to:

5 Mediation
● Court Annexed Understand the concept of reconciliation.
Mediation
● Judicial mediation
● Litigation as mode
of Dispute
Resolution

6 Restorative Justice To know the importance of ADR in the

● Overview dispensation of justice in a practical and
● Benefits inexpensive manner.

7 Restorative Justice To know the significance of Arbitration in solving

● Restorative Justice issues between parties.
vis-a-vis Retributive
Justice
● Fundamental
concept of
restorative justice

8 The Barangay Justice To know the usefulness of negotiation in coming

System up with a win-win situation.
● Salient features of
the Local
Government Code
(LGC)
● Barangay Officials
● PD 1508 (Creation
of Lupon)

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Year 4 - CRIM 6 Alternative Dispute Resolution and Crisis Management

MIDTERM EXAMINATION

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