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Dispute Resolution and Crisis/ Incident Management: Chapter 1. Introduction

This document discusses dispute resolution and crisis management. It defines conflict and different theories related to conflict such as conflict theory, feminist theory, and critical race theory. It then discusses conflict resolution strategies and alternative dispute resolution (ADR) approaches like negotiation, mediation, arbitration, and their advantages. Finally, it notes some situations where ADR may be less suitable such as when precedents, court orders, or enforcement is needed.

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TIPAY, EMELIE L.
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© © All Rights Reserved
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8K views

Dispute Resolution and Crisis/ Incident Management: Chapter 1. Introduction

This document discusses dispute resolution and crisis management. It defines conflict and different theories related to conflict such as conflict theory, feminist theory, and critical race theory. It then discusses conflict resolution strategies and alternative dispute resolution (ADR) approaches like negotiation, mediation, arbitration, and their advantages. Finally, it notes some situations where ADR may be less suitable such as when precedents, court orders, or enforcement is needed.

Uploaded by

TIPAY, EMELIE L.
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Dispute Resolution and

Crisis/ Incident Management

Chapter 1. Introduction
COURSE DESCRIPTION
• This course deals with the study of dealing and resolving
conflicts/ disputes resolution and crisis management. It
includes the art of intervention through mediation and
reconciliation of disagreements between stakeholders’
agencies. Likewise, the course includes handling of crises
that the criminal justice personnel commonly enountered.
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 community.
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).

• the word “conflict” came from the Latin word “conflingere”


which means “to come together for a battle”.
Conflict Theory
• 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.
• focused on equal distribution of power and resources
• originated from Karl Heinrich Marx (proletariat vs
bourgeoisie)
Feminist Theory
• studies power in its relation to gender, inequalities
between men and women
• It aims to understand the nature of gender inequality.
• All women should inform themselves of the condition of their sex, and of their own position. It must
necessarily follow that the noblest of them will, sooner or later, put forth a moral power which shall
prostrate cant [hypocracy], and burst asunder the bonds (silken to some but cold iron to others) of
feudal prejudice and usages. In the meantime is it to be understood that the principles of the
Declaration of Independence bear no relation to half of the human race? If so, what is the ground of this
limitation? (Harriet Martineau, feminist sociologist)
Critical Race Theory
• point of view that focuses on inequality and conflict
between people and different racial or ethnic categories
• CRT, is a theoretical and interpretive mode that examines
the appearance of race and racism across dominant
cultural modes of expression.
• The Five Tenets of CRT There are five major components or tenets of CRT: (1) the notion
that racism is ordinary and not aberrational; (2) the idea of an interest convergence; (3) the
social construction of race; (4) the idea of storytelling and counter-storytelling; and (5) the
notion that whites have actually been dominant
Conflict Resolution

• A method or process involved in facilitating the peaceful


ending of conflict
• This term is used interchangeably with dispute resolution
Conflict Resolution Strategies

• developed by Kenneth Thomas and Ralph Kilmann


(2015)
• aldo known as “Thomas-Kilmann Instrument” or “TKI
Conflict Strategies”
• used to handle conflicts (Avoiding-Competing-
Accomodating-Collaborating-Compromising)
• designed to measure a person’s behavior in conflict
situations
• In conflict situations, an individual’s behavior
can be described along two dimensions:
–assertiveness
–cooperativeness
assertive
unassertive TKI Conflict Strategies

uncooperative cooperative
Alternative Dispute Resolution
(ADR)
Alternative dispute resolution

• also called External Dispute


Resolution (EDR), typically denotes a wide range
of dispute resolution processes and techniques that act
as a means for disagreeing parties to come to an
agreement short of litigation
• a collective term for the ways that parties can settle
disputes, with the help of a third party.
Types of ADR
• negotiation: a dialogue between two or more people or
parties intended to reach a beneficial outcome
• mediation: a structured, interactive process where an
impartial third party assists disputing parties
• collaborative law: legal process enabling couples who have decided to
separate or end their marriage to work with their collaborative professionals

• arbitration: a way to resolve disputes outside the


judiciary courts.
ASSIGNMENT:

• Obtain a copy of RA No. 9285. Review the


provisions of the law on ADR
• Prepare for an Assessment next meeting
Advantages of ADR
• Suitable for multi-party • Wider range of issues can be
disputes considered
• Shared future interests may be
• Lower costs, in many cases
protected
it's free when involving • Confidentiality
consumers • Risk management
• Likelihood and speed of • Generally no need for lawyers
settlements • Can be a less confrontational
• Flexibility of process alternative to the court system
• Parties' control of process • Practical solutions
• Parties' choice of forum
When is ADR less suitable?
• A need for precedent • Power imbalance
• A need for court orders between parties
• A need for interim • Quasi-criminal allegations
orders • Complexity in the case
• A need for evidential • The need for live
rules evidence or analysis of
complex evidence
• A need for enforcement
• The need for expert
evidence

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