DISPUTE RESOLUTION AND CRISES/INCIDENTS

MANAGEMENT

CRESHEL DAQUIOAG LORENZO, RCRIM

 What is Dispute?
>Dispute- to engage in argument: DEBATE especially to argue irritably or
with irritating persistence.
What is Dispute Resolution?
>is a term used across both commercial and private law and the de nition
itself is not di cult to arrive at! In its most basic form, dispute resolution is
the resolution of a dispute between two or more pa ies.
 VARIOUS FORMS OF DISPUTE RESOLUTION

1.Pre action discussions & Without Prejudice Discussions

> ese are referred to as ‘pre action’ as they are involved before any formal process is embarked upon, such as litigation, to resolve the
dispute. is will generally involve the pa ies meeting or having a series of meetings with or without legal representation.
2. Mediation
>Mediation is a dispute resolution process but can take many forms. It is fundamentally a process where the pa ies of a dispute come
together in one place with an independent person present who will work between the pa ies to help secure a resolution of the dispute, or to
narrow the issues between the pa ies.
3. Arbitration
>Arbitration is a more formal legal process by comparison to mediation. e process follows the cou litigation process in many ways, but
the pa ies and the arbitrator have a greater degree of exibility. e arbitrator is submitted details of the dispute both in the form of
documents and oral representation if appropriate.
4. Litigation
>Litigation is a formal legal process utilizing the civil legal system available to resolve a dispute. When a matter is litigated (the issuing of
a claim form in the cou ) you and your dispute resolution Solicitor will need to follow a set of rules applied by the cou s and the cou will
dictate the path and pace at which the litigation proceeds, applying a set of deadlines for the pa ies to take action and ultimately prepare the
case for a nal hearing.
5. Alternative Dispute Resolution (ADR)
> Alternative dispute resolution or ADR is a widely used term when discussing dispute resolution. ADR in itself is not a form of resolution
it is resolving a dispute without litigation. erefore items 1, 2 and 3 discussed above are all forms of ADR.
 WHAT IS CONFLICT
•What is con ict?
 e word “con ict” comes the Latin word “con ingere” which means to come
together for a battle.
 A con ict is an activity which takes place when conscious beings (individuals or
groups) wish to car out mutually inconsistent acts concerning their wants,
needs or obligations.
 Con ict may also refer to a mutual disagreement or struggle between people
which may be physical, or between con icting 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.
• What are Con ict eories?
>A Con ict eo states that a tension and con icts arise when resources, status, and
power are unevenly distributed between groups in society and that these con icts
become the engine for social change.
• Con ict eories originated in the work of Karl Ma (focused on the causes and
consequences on class con ict)
 Bourgeoise (the owners of the means of production and the capitalists)
 Proletariat (the working class and the poor)
Types of eo
1. Feminist eo
2. Critical Race eo
3. Post-Structural eo
 FEMINIST THEORY
 Encompasses a range of ideas, re ecting the diversity of women worldwide. Feminism counter’s
traditional philosophy with new ways of addressing issues a ecting humanity, calling for the
replacement of the presiding patriarchal order with a system that emphasizes equal rights, justice,
and fairness.
 Radical libe arian feminists hold that the patriarchal system that oppresses women must be
completely eliminated and that women should be free to exercise total sexual and reproductive
freedom. Radical cultural feminists urge women to extricate themselves from the institution of
compulso heterosexuality.
 Ma ist–socialist feminists claim it is impossible for anyone, especially women, to achieve true
freedom in a class-based society.
 Multicultural feminists explain how the idea of ‘sameness’ could counterintuitively be used as an
instrument of oppression rather than liberation.
 CRITICAL RACE THEORY (CRT)

 Views that the law and legal institutions are inherently racist and that race
itself, instead of being biologically grounded and natural, is a socially
constructed concept that is used by white people to fu her their economic
and political interests at the expense of people of color.
 According to critical race theo (CRT), racial inequality emerges from the
social, economic, and legal di erences that white people create between
“races” to maintain elite white interests in labor markets and politics, giving
rise to pove y and criminality in many minority communities.
 POST-STRUCTURAL THEORY

 Post-structuralism is grounded in the concept of over determination, even

when the concept does not appear explicitly in textual presentations.
 Post-structuralism recognizes the power of discourse to shape reality both
perceptions of reality and the concrete reality that is perceived.
 SOCIAL CONFLICT STRATEGIES
>Kenneth omas and Ralph Kilmann developed ve con ict resolution strategies that people use to handle con ict,
including avoiding, defeating, compromising, accommodating, and collaborating.
1. Avoiding -is when people just ignore or withdraw from the con ict. ey choose this method when the discomfo of
confrontation exceeds the potential reward of resolution of the con ict. While this might seem easy to accommodate for
the facilitator, people aren’t really contributing anything of value to the conversation and may be withholding wo hwhile
ideas. When con ict is avoided, nothing is resolved.
2. Competing -is used by people who go into a con ict planning to win. ey’re asse ive and not cooperative. is
method is characterized by the assumption that one side wins and eve one else loses. It doesn’t allow room for diverse
perspectives into a well-informed total picture.
3. Accommodating- is a strategy where one pa y gives in to the wishes or demands of another. ey’re being
cooperative but not asse ive. is may appear to be a gracious way to give in when one gures out s/he has been wrong
about an argument.
4. Collaborating - is the method used when people are both asse ive and cooperative. A group may learn to allow each
pa icipant to make a contribution with the possibility of co-creating a shared solution that eve one can suppo . A
great way to collaborate and overcome con ict is to reach out and touch them.
5. Compromising -where pa icipants are pa ially asse ive and cooperative. e concept is that eve one gives up a
little bit of what they want, and no one gets eve thing they want. e perception of the best outcome when working by
compromise is that which “splits the di erence.” Compromise is perceived as being fair, even if no one is pa icularly
happy with the nal outcome.