Convert To Word 25-08-2023 20.44
Convert To Word 25-08-2023 20.44
Convert To Word 25-08-2023 20.44
1. COURSE TITLE:
DISPUTE RESOLUTION AND CRISIS
MANAGEMENT
To fulfill the target output, each part of the book i is presented via starting with an
erid •approach. Thus, learning objectives and suggested teaching method010ß. r are
presented at the beginning Of •eåch part while summative evaluations were • featured at
the end to i assess the students best learning experience.
vii
Learning Objectives
At the end of this part, the students should
be able to comply with the following:
1. Trace the history of Katarungang. Pambarangay and the Alterna.tive
Dispute Resolution System.
diligentl
y the disputes can be appliecl while
tracing limitations of its
application.
Conflict Theories
Conflict theories are perspectives
in soci010U and social psych010U thåt
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. Conflict
theories draw attention to power
differentials, such as class conflict? and
TYPES
Conflict theory is most commonly associated
with Marxism, but as a reaction to functionalism and
the positivist method, it may also be associated with
a number of other perspectives, including:
Critical theory
Feminist theory: An approach that
recognizes women's political,
social, and economic equality to
men.
Postmodern theory: An approach that is
critical of modernism, with a mistrust
of grand theories and ideolögies.
Post-structur_al theory
o Postcolonial theory
o Queer theory: A growing body of research
findings that challenges the heterosexual
bias in Western society.
World systems theory
o Race-Conflict Approach: A point of view that
focuses on inequality and conflict
between people of different racial and ethnic
categories.
6
This method is characterized by the
assumption that one side wins and
everyone else loses. It doesn't allow
room for diverse perspectives into a
well-informed total picture. Competing
might work in sports or war, but it's
rarely a good strategy for group problem
solving.
Accommodating
Terms to Ponder
o Alternative Dispute Resolution — a means to
achieve speedy and impartial justice to
declog court dockets.
o ADR Provider means the institutions or persons accredited as
mediators, conciliators,•_arbitrators, neutral evaluators or any
person exercising similar functions in any Alternative Dispute
Resolution system. This is without prejudice to the rights of the
parties to choose non-accredited individuals to act as
mediator,) conciliator; arbitrator or neutral evaluator of their
dispute. .1 o Alternative Dispute Resolution System means any process
or procedure used to resolve a dispute
ot
her than by adjudication of
9
considering, conducting,
participating, initiating,
continuing or reconvening mediation
or retaining a mediator; and
(c) pleadings, motions, manifestations, witness
statements, reports filed or submitted in
arbitration or for expert evaluation.
o CounSeZ means a lawyer duly admitted to
Record means
11
pursuant to the arbitration agreement; b. any
place where a substantial part of the obligations
of the commercial relationship is to be
performed or the place with which the subject
matter of the dispute is most closely connected
or the parties have expressly agreed that the
subject matter of the arbitration agreement
relates to more than one country.
For the purpose of International Arbitration, the New York
Convention is 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. The following are important terrns
to consider: 3
13
o Written communication means the pleading, motion, manifestation, notice, order, awtp-
d and any other document or paper submitted or filed with the arbitral tribunal or delivered to a
party.
14
What are the Other forms of
Alternative Dispute Resolution?
Early Neutral Evaluation is an ADR
process wherein parties and their
lawyers are brought together early in
the pre-trial phase to present
summaries of their cases and to
receive a non binding assessment by an
experienced neutral person, with
expertise in the subject matter or
substance. of the dispute.
Mediation-Arbitration or Med-Arb
js a two-step dispute resolution
process involving mediation and
then followed by arbitration.
15
v
/ ToestablishanADRlibraryorresourcecenterwhere
ADR laws, rules and regulations, jurisprudence,
books, articles and other information about ADR
in the Philippines and elsewhere may be stored
and accessed.
v/ To establish a training programs for ADR
providers/ practitioners, both in the public and
17
o Replacement of Mediator
If the mediator selected is unable to act as such for any reason, the
parties may, upon being informed of such fact, select another mediator.
20
any
of the withdraw.
The mediator does not have the qualifications,
training and experience to enable him/her to meet the
reasonable expectations of the parties. Where the
mediator's impartiality is in question. If continuation
of the process would violate any ethical standards.
If the safety of any of the parties would be jeopardized.
If the mediator is unable to provide effective services.
In case of conflict o} interest.
In any of. the following instances, if the mediator
is satisfied that:
a. one or more of the parties is/ are not acting in good faith;
b. the parties' agreement would be illegal or involve the
commission of a crime;
21
22
23
v/ abstain from expressing
his/her personal opinion on
the rights and duties of the
parties and the merits of any
proposal made.
b. Where appropriate and where
either or both parties are not
represented by counsel, a
mediator shall:
recommend that the parties seek outside
professional advice to help them make
informed decision and to understand the
implications of any proposal; and suggest
that the parties seek independent legal
and/or technical advice before a settlement
agreement is signed.
25
26
CONDUCT OF MEDIATION
The following articles shaZZ be considered in the
Conduct of Mediation
A. The mediator shall not make untruthful or exaggerated claims aboüt the
dispute resolution process, its costs and benefits, its outcome or the mediator's
qualifications and abilities during the entire mediation process.
27
PLACE OF MEDIATION
Agreement of Parties on the Place of Mediation
The parties are free to agree on the place
ofmediation. Failing such agreement, the place of
mediation shall be any place convenient and appropriate to
all parties.
29
CONFIDENTIALITY OF INFORMATION
Confidentiality of Information
Information obtained through mediation
proceedings shall be subject to the following principles
and guidelines:
1. Information obtained through mediation shall be
privileged and confidential.
2. A party, mediator, or non-party participant may refuse to disclose and may
prevent any other person from disclosing a confidential information.
3. Confidential information shall not be subject to discovery and shall be
inadmissible in 3 any adversarial proceeding, whether judicial or quasi
judicial. • However, evidence or information that is otherwise admissible or subject
to discovery does not bec6me inadmissible or protected from discovery solely
by reason of its use in a mediation.
4. In such an adversarial proceeding, the following persons involved or
previously involved ih a mediation may not be compelled to disclose
confidential information obtained during the mediation:
the parties to the dispute; the mediator or mediators; the
counsel•for the parties; the non-party participants;
any person hired or engaged in connection with the
mediation as secretary, stenographer, clerk or assistant; and
any other person who obtains or possesses confidential
information by reason of his/ her profession.
5. The protections of the ADR Act shall continue to apply even if a
mediator is found to have fajled to act impartially.
6. A mediator may not be called to testify to provide
31
32
33
34 .8
35