Republic of the Philippines
Province of Cotabato
Municipality of Makilala
MAKILALA INSTITUTE OF SCIENCE AND TECHNOLOGY
Makilala, Cotabato
CRIMINOLOGY DEPARTMENT
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DISPUTE RESOLUTION AND CRISIS/INCIDENTS MANAGEMENT
Course Number: CRIM 6 Instructor: MARY ANN T. NADNADEN, RCRIM
Course Title : Dispute Resolution and Crisis/Incidents Management
Credit Units : 3 Units Email:
[email protected]Module No :2
Duration : 2 weeks
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I. Learning Outcomes:
After reading this module, you are expected to:
1. Understand the concept of conflict.
2. Explain the different types of conflict theories.
3. Identify what are the conflict resolution strategies.
II. References
Prof. Christian G. Domingo, (2020). Dispute Resolution & Crises Management. Wiseman's Books Trading, Inc.
ALTERNATIVE DISPUTE RESOLUTION SYSTEM IN THE PHILIPPINES
(Republic Act No. 9285)
To promote party autonomy in the resolution of disputes or the freedom of the parties to make their own
arrangements to resolve their disputes.
Means any process or procedures used to resolve a dispute or controversy, other than by adjudication
of presiding judge of court.
To encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important
means to achieve speedy and impartial justice and to declog court dockets.
To provide means for the use of ADR as an efficient tool and an alternative procedure for the resolution
of appropriate cases.
Terms to Ponder
Alternative Dispute Resolution- a means to achieve speedy and impartial justice to declog
court dockets.
Award- means any partial or final decision by an arbitrator in resolving the issue or controversy.
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. It shall include:
(a) communication, oral or written, made in dispute resolution proceeding, including any
memoranda, notes or work product of the neutral party or non-party participant;
(b) an oral or written statement made or which occurs during mediation or for purpose of
considering, conducting, participating, initiating;
(c) pleadings, motions, manifestations, witness statements, report filed or submitted in
arbitration or for expert evaluation.
Government Agency- means any governmental entity, office or officer, other than a court, that
is vested by law with quasi-judicial power or the power to resolve or adjudicate disputes
involving the government, its agencies and instrumentalities or private persons.
Record- means information written on a tangible medium or stored in an electronic or other
similar medium, retrievable in a perceivable form.
Roster- means a list of persons qualified to provide ADR services as neutrals or to serve as
arbitrators.
FORMS OF ADR IN THE PHILIPPINES (RA 9285)
Arbitration Means a voluntary dispute resolution process in which one or more
arbitrators are appointed in accordance with an agreement of the parties, or
rules promulgated pursuant to RA 9285, resolve an issue by rendering an
award.
Mediation Means a voluntary process in which a mediator, selected by the disputing
parties, facilities communication and negotiation, and assists the parties in
reaching a voluntary agreement regarding a dispute. Settlement is made by
the parties themselves. Third party cannot make a proposal.
Conciliation Involves the assistance of a neutral third party who plays an advisory role in
reaching an agreement. Third party can make proposal.
Mediation- arbitration Is a step dispute resolution process involving both mediation and arbitration.
Mini-trial Means a structured dispute resolution method in which the merits of a case
are argued before a panel comprising of senior decision-makers, with or
without the presence of a neutral third person, before which the parties seek
a negotiated settlement.
