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Dispute Resolution & Crisis Management Guide

The document is a course guide for 'Dispute Resolution and Crisis/Incident Management' authored by Christian A. Bagon, aimed at providing students with knowledge and skills in managing conflicts and crises. It covers various methodologies such as negotiation, mediation, and arbitration, as well as the legal framework surrounding alternative dispute resolution in the Philippines. The course emphasizes the importance of effective dispute resolution and crisis management in fostering stability and resilience within organizations and communities.

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0% found this document useful (0 votes)
18 views31 pages

Dispute Resolution & Crisis Management Guide

The document is a course guide for 'Dispute Resolution and Crisis/Incident Management' authored by Christian A. Bagon, aimed at providing students with knowledge and skills in managing conflicts and crises. It covers various methodologies such as negotiation, mediation, and arbitration, as well as the legal framework surrounding alternative dispute resolution in the Philippines. The course emphasizes the importance of effective dispute resolution and crisis management in fostering stability and resilience within organizations and communities.

Uploaded by

Clarian Cinco
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Dispute Resolution

and Crisis/
Incident
Management COURSE GUIDE
CHRISTIAN A. BAGON

COLLEGE OF CRIMINAL JUSTICE


EDUCATION

NOT FOR
REPRODUCTION
All rights reserved.

No copies temporary or permanent, in whole or in part of


this Instructional Material shall be made without written
permission from the author/s.

ii
Vision

_____________________________________________________

A vibrant, flourishing academic institution that provides its present and


target programs with exemplary educational experiences, prioritizing
community needs through quality instruction, research, and extension
services.
_____________________________________________________

Mission
_____________________________________________________

To empower communities through academic programs that provide


dynamic and inclusive learning environment, innovative instruction,
impactful research, and relevant extension service grounded in
promoting lifelong learning, ethical values, and social responsibility.
_____________________________________________________

iii
Course Guide in

DISPUTE
RESOLUTION AND
CRISIS/ INCIDENT
MANAGEMENT

iv
Foreword

In an increasingly complex and interconnected world, the ability to


effectively manage disputes and crisis has become indispensable. This
field encompasses a broad spectrum of practices and methodologies
designed to address conflicts, mitigate risks, and navigate through high-
stakes situations. Whether in corporate settings, government institutions,
or personal disputes, the principles of dispute resolution and crisis
management are critical in maintaining stability fostering corporation, and
ensuring sustainable outcomes.
Dispute resolution is a vital process that seeks to address conflicts
before they escalate into more significant issues. It involves various
strategies, including negotiation, mediation and arbitration, each tailored
to different types of disputes and stakeholders. Effective dispute
resolution not only aims to resolve the immediate conflict but also strives
to preserve relationships and build a foundation for long-term
collaboration.
Crisis and incident management, on the other hand, deals with the
response to unexpected and potentially disruptive events. This domain
focuses on preparedness, rapid response, and recovery, ensuring that
organizations and communities can withstand and rebound from
challenges such as natural disasters, financial upheavals, or reputational
damage. The ability to anticipate, manage, and recover from crisis is
crucial for minimizing their impact and safeguarding both immediate and
future interests.
Together, these disciplines from the backbone of organizational
resilience and conflict harmony. They empower individuals and institutions
to approach disputes and crisis with a strategic mindset, equipped with
tools and techniques to navigate complex challenges. As we delve into this
subject, we will explore the principles, practices, and case studies that
illuminate how effective dispute resolution and crisis management can
transform potential setbacks into opportunities for growth and stability.

v
TABLE OF CONTENTS
Vision Iii
Mission iii
Title Page iv
Foreword v
Table of Contents vi
Course Overview vii
Module Guide ix
Module Overview xi
Pre-test xii

Midterm

Module 2 Republic Act 9285 13

Lesson 1 Alternative Dispute Resolution 14


ADR Provider 16
Office for Alternative Dispute Resolution 16

Lesson 2 Restorative Justice 22

vi
Restorative Justice Core Values 23
Four Key Values of Restorative Program 24
Fundamental Principles of Restorative 24
Justice

References 28
Answer to Pre-test 25
Answer to Post-Test 25

vii
COURSE OVERVIEW
Course Code
Descriptive Title Dispute Resolution and Crisis/Incident Management
Credit Units 3
School Year/Term 2024-2025
Mode of Delivery Face-to-Face Classes and Module Support
Name of
Christian A. Bagon
Instructor/Professor
Course Description This course deals with the study of the
process of dealing and resolving
conflicts/disputes resolution and crises
management. It includes the art of intervention
through mediation and reconciliation of
disagreements between stakeholder’s
agencies. Likewise, the course includes
handling of crises that the criminal justice
personnel are commonly encountered.
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 communities.
The course's objectives are for the student
to explain the concepts, nature and procedures
governing dispute resolution; Differentiate
Arbitration, Conciliation and Mediation; Classify
the legal procedure governing the alternative
dispute resolution (ADR); Recognized the laws
related to the subject; apply the different form
of solving conflicts (arbitration, conciliation and
mediation) and know different techniques in
handling crisis/incident.

Course Outcomes Students are expected to:


a. Utilize the principles and
procedures of mediation,
negotiation, conciliation,
arbitration, early neutral
evaluation, mini trial, court-
annexed mediation, and judicial
and indigenous mode of dispute

viii
resolution as outlined in RA 9285
and RA 7160.
b. Illustrate the operational procedures
during incident situations, such as
hostage scenarios, bomb threats, and
domestic disturbances.
c. Execute the various types, stages
(proactive and reactive) and
distinctive characteristics of critical
incident management within the
context of the Philippine.

MODULE GUIDE

This learning module is designed specifically for Burauen


Community College’s Bachelor of Science in Criminology
students. It is divided into two parts, consisting of four modules
that cover various concepts of crisis and critical incident. The
module aims to provide students with a comprehensive
understanding and knowledge of the country’s various crisis and
critical incidents, as well as the various strategies and steps for
dealing with such situations.

Part I: MIDTERM MODULES Part II: FINALS MODULES

ix
Module 1: Dispute Resolution Module 3: Crisis Management

Module 2: Alternative Dispute Module 4: Critical Incident


Resolution Management

MODULE OVERVIEW SECTION


A brief outline of what the module will cover, including key topics, objectives,
and the overall focus.

PRE-TEST SECTION
Do answer the pre-test honestly before turning to the next pages of this
module.

LESSON SUMMARY
A concise overview of the main points of the lesson.

LESSON OBJECTIVES SECTION


This section shoes what the teacher wants the students to have learned or
achieved by the end of a lesson.

LET’S LOOK BACK SECTION


This section stimulates prior knowledge in preparation for the upcoming
lesson.

MOTIVATION QUESTION
Do answer the pre-test honestly before turning to the next pages of this
module.

LET’S LEARN!
This section presents the lesson at hand.

LET’S TRY THIS!


This involves you doing enabling activities to wrap up learnings.

LET’S DO THIS!
After every lesson, you need to make practical activities as
application to your learnings.

x
MODULE 2: Alternative Dispute Resolution

Introduction to
Training and
Development in
an Organization
Module Overview

This module aims to provide a comprehensive understanding of conflict


resolution mechanisms within the context of the Barangay Justice System in the
Philippines. It will cover the nature of conflicts, their implications for communities,
and the specific roles and processes of the Barangay Justice System in addressing
and resolving disputes.
This module will also provide a blend of theoretical and practical insights
into conflict and the Barangay Justice System, equipping the students with
knowledge to effectively engage in and support community-based dispute
resolution.

xi
PRE-TEST

1. The word conflict comes from the Latin word _________


which means to come together for a battle.
a. Confinge
b. Clonfict
c. Confingere
d. Confengere
2. This theory aims to understand the nature of gender
inequality.
a. Postmodern
theory
b. Critical-
race theory
c. Post- structural theory
d. Feminist
theory
3. People just ignore of withdraw from conflict, this referred
to what type of conflict resolution strategy?
a. Avoiding
b. Competing
c. Accommodating
d. Collaboratin
g
4. People neglects his own concerns to satisfy the concerns
of the other person, this referred to what type of conflict
resolution strategy?
a. Avoiding
b. Competing
c. Accommodating
d. Collaborating
5. It is an activity that takes place when individuals or groups
wish to carry out mutually inconsistent acts concerning
their wants, needs or obligations. What is being referred?
a. Dispute
b. Conflict
c. War
d. Disagreement
6. This is a power-oriented mode in which you use whatever
power seems appropriate to win your own position, this
referred to what type of conflict resolution strategy?
a. A
voiding
b. Competing
c. Accommodating
d. C
ollaborating

xii
7. This theory states that knowledge is made by people, a person
cannot know something with certainty - all ideas and facts are
'believed' instead of 'known'.
a. Critical- race theory
b. Feminist theory
c. Post-structural theory
d. Post-modern theory
8. Which of the following does not belong to the group?
a. Collaborating
[Link]
c. Avoidance
d. Accommodating
9. The following are examples of Conflict Theory, EXCEPT
a. Feminist theory
[Link] theory
c. Critical- race theory
d. Post-modern theory
10. Who developed and introduced the five conflict
resolution strategies?
a. Kenneth Thomas
[Link] Herschel
c. Ralph Kilmann
d. Both A&C

xiii
LESSON 1: REPUBLIC ACT 9285

LESSON SUMMARY

Conflict is an inherent part of human interaction, arising from


differences in needs, values, interests or goals. It can occur at
various levels, from personal disputes to international tensions.
Understanding conflict involves recognizing its sources and
dynamics.
Conflict theory, particularly associated with Karl Marx, posits
that social conflicts arise from inequalities and power disparities
within societies. According to this perspective, conflicts are a result
of competition for limited resources and are integral to social
change and evolution.
Effective conflict resolution seeks to address underlying
issues, promote understanding, and improve relationships,
ultimately leading to more harmonious interactions and sustainable
solutions.

LESSON OBJECTIVES:

a. To discuss the fundamental concept of conflict and identify


and apply dispute resolution solutions.
b. Explore and discover different conflict theories;
c. Apply different conflict resolution strategies

Motivation Question
How can embracing and addressing conflict lead to personal growth
and stronger relationship?

LET’S LEARN!

What is Republic Act No. 9285?

This Act is known as the "Alternative Dispute Resolution Act of


2004."

It is hereby declared the policy of the State to actively promote


party autonomy in the resolution of disputes or the freedom of the party
to make their own arrangements to resolve their disputes. Towards this
end, the State shall encourage and actively promote the use of Alternative

xiv
Dispute Resolution (ADR) as an important means to achieve speedy and
impartial justice and declog court dockets. As such, the State shall
provide means for the use of ADR as an efficient tool and an alternative
procedure for the resolution of appropriate cases. Likewise, the State shall
enlist active private sector participation in the settlement of disputes
through ADR.

Alternative Dispute Resolution

Any process or procedure used to resolve a dispute or controversy,


other than by the adjudication of a presiding judge of a court or an
officer of a government agency, as defined under RA 9285, in which a
neutral third party participates to assist in the resolution of issues,
including arbitration, mediation, conciliation, early neutral evaluation,
mini-trial, or any combination thereof. (RA 9285, Section 3, Paragraph A).

 Arbitration - It means a voluntary dispute resolution process


in which one or more arbitrators, appointed in accordance with the
agreement of the parties, or rules promulgated pursuant to RA
9285, resolve a dispute by rendering an award. (Sec. 3, par. d, RA
9285

Note: Award means any partial or final decision by an arbitrator


in resolving the issue or controversy.

 Arbitrator -means the person appointed to render an award,


alone or with others, in a dispute that is the subject of an
arbitration agreement. (Sec. 3, par. e, RA 9285).

 Early Neutral Evaluation- ADR process wherein parties and their


lawyers are brought together early in a pre-trial phase to present
summaries of their cases and receive a nonbinding assessment by
an experienced, neutral person, with expertise in the subject in the
substance of the dispute. (Sec. 3, par. n, RA 9285).

 Mediation- It means a voluntary process in which a mediator,


selected by the disputing parties, facilities communication and
negotiation, and assist the parties in reaching a voluntary
agreement regarding a dispute. (Sec. 3, par. Q, RA 9285).

Mediation means a voluntary process in which a mediator, selected by the


disputing parties, facilitates
communication and negotiation, and assist the parties in reaching a
voluntary agreement regarding a
dispute. (Sec. 3, par. q, RA 9285
 Mediator - means a person who conducts mediation. (Sec. 3, par. r,
RA 9285)

 Mediation Party- means a person who participates in a


mediation and whose consent is necessary to resolve the dispute.
(Sec. 3, par. s, RA 9285).

 Mini-Trial- means a structured dispute resolution method in which


the merits of a case are argued before a panel comprising senior

xv
decision makers with or without the presence of a neutral third
person after which the parties seek a negotiated settlement (Sec. 3,
par. u, RA 9285).

ADR Provider

"ADR Provider" means institutions or persons accredited as mediator,


conciliator, arbitrator, neutral
evaluator, or any person exercising similar functions in any Alternative
Dispute Resolution system. This
is without prejudice to the rights of the parties to choose no accredited
individuals to act as mediator,
conciliator, arbitrator, or neutral evaluator of their dispute. (Sec. 3, par. b,
RA 9285)
"ADR Provider" means institutions or persons accredited as
mediator, conciliator, arbitrator, neutral evaluator, or any person
exercising similar functions in any Alternative Dispute Resolution system.

Cases wherein Republic Act 9285 does not apply

The provisions of RA 9285 shall not apply to resolution or settlement


of the following:

Labor disputes covered by Presidential Decree No. 442, otherwise


known as the Labor Code of the Philippines, as amended and its
Implementing Rules and Regulations;
 The civil status of persons;
 The validity of a marriage;
 Any ground for legal separation;
 The jurisdiction of courts;
 Future legitime;
 Criminal liability;
 Those which by law cannot be compromised; and
 Those disputes referred to court-annexed mediation. (Article 1.3,
IRR, RA 9285)

Office of the Alternative Dispute Resolution

The Office for Alternative Dispute Resolution (OADR) is as an


agency attached to the Department of Justice. It shall have a
Secretariat and shall be headed by an Executive Director, who
shall be appointed by the President of the Philippines, taking into
consideration the recommendation of the Secretary of Justice. (Article
2.1., IRR, RA 9285).

Powers of the OADR

The OADR shall have the following powers:


 To act as appointing authority of mediators and arbitrators when
the parties agree in writing that it shall be empowered to do so;

xvi
 To conduct seminars, symposia, conferences and other publish
proceedings of said activities and relevant materials/ information
that would promote, develop and expand the use of ADR;
 To establish an ADR library or resource center where
ADR laws, rules and regulation, jurisprudence, books, articles
and other information about ADR in the Philippines and elsewhere
may be stored and accessed;
 To establish training programs for ADR providers/
practitioners, both in the public and private sectors; and to
undertake periodic and continuing training programs for
arbitration and mediation and charge fees on participants. It may
do so in conjunction with or in cooperation with the IBP, private ADR
organizations, and local and foreign government offices and
agencies and international organizations.
 To certify those who have successfully completed the regular
professional training programs provided by the OADR;
 To charge for services rendered such as, among others, training
and certifications of ADR providers;
 To accept donations, grants and other assistance from local and
foreign sources; and
 To exercise such other powers as may be necessary and
proper to carry into effect the provisions of the ADR Act. (Art.
2.2., IRR, RA 9285).

Functions of OADR

The OADR shall the following functions:

 To promote, develop and expand the use of ADR in the private and
public sectors through information, education and communication;

 To monitor, study and evaluate the use of ADR by the private and
public sectors for purposes of, among others, policy formulation;

 To recommend to Congress needful statutory changes to develop,


strengthen and improve ADR practices in accordance with
international professional standards;

 To make studies on and provide linkages for the development,


implementation, monitoring and evaluation of government and
private ADR programs and secure information about their respective
administrative rules/procedures, problems encountered and how
they were resolved;

 To compile and publish a list or roster of ADR providers/practitioners,


who have undergone training by the OADR, or by such training
providers/institutions recognized or certified by the OADR as
performing functions in any ADR system. The list or roster shall
include the addresses, contact numbers, e-mail addresses, ADR
service/s rendered (e.g. arbitration, mediation) and experience in
ADR of the ADR providers/ practitioners;

 To compile a list or roster of foreign or international ADR


providers/practitioners. The list or roster shall include the addresses,

xvii
contact numbers, e-mail addresses, ADR service/s rendered (e.g.
arbitration, mediation) and experience in ADR of the ADR
providers/practitioners; and

 To perform such other functions as may be assigned to it. (Art. 2.3.,


IRR, RA 9285)

State Policy on Mediation

In applying and construing the provisions of these Rules,


consideration must be given to the need to promote candor of parties and
mediators through confidentiality of the mediation process, the policy of
fostering prompt, economical and amicable resolution of disputes in
accordance with principles of integrity of determination by the parties and
the policy that the decision-making authority in the mediation process
rests with the parties.

A party may petition a court before which an action is prematurely


brought in a matter which is the subject of a mediation agreement, if at
least one party so requests, not later than the pre-trial conference or upon
the request of both parties thereafter, to refer the parties to mediation in
accordance with the agreement of the parties.

When a Mediator Be Replaced?

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.
(Article 3.4., IRR, RA 9285).

Grounds Wherein a Mediator May Refuse or Withdraw

A mediator may refuse from acting as such, withdraw or may be


compelled to withdraw from mediator proceedings under the following
circumstances:

 If any of the parties so requests the mediator to withdraw;


 The mediator does not have the qualifications, training and
experience to enable him/her to
 Where the mediator's impartially 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 of interest;

Ethical Conduct of a Mediator

xviii
 Competence- It is not required that a mediator shall have special
qualifications by background or profession unless the special
qualifications of a mediator shall:

Upon the request of a mediation party, an individual who is


requested to serve as mediator shall disclose his/her qualifications to
mediate a dispute. (Article 3.5., IRR, RA 9285)

 Impartially- A mediator shall maintain impartiality.

Before accepting a mediation, an individual who is requested to


serve as a mediator shall:

 make an inquiry that is reasonable under the


circumstances to determine whether there are known
facts that a reasonable individual would consider likely
to affect the impartiality of the mediator, including a
financial or personal interest in the outcome of the
mediation and any existing or past relationship with a
party of foreseeable participant in the mediation; and

 Confidentiality

A mediator shall keep in utmost confidence all confidential


information obtained in the course of the mediation process.

A mediator shall discuss issues of confidentiality and the extent


of confidentiality provided in any private sessions or caucuses
that the mediator holds with a party. (Article 3.8., IRR, RA
9285).

 Consent and Self-Determination

A mediator shall make reasonable efforts to ensure that each


party understands the nature and character of the mediation
proceeding including private caucuses, the issues, the
available options, the alternatives to non-settlement, and that
each party is free and able to make whatever choices he/she
desires regarding participation in mediation generally and
regarding specific settlement options.

A mediator shall recognize and put in mind that the primary


responsibility of resolving a dispute and the shaping of a
voluntary and un coerced settlement rests with the parties.
(Article 3.9., IRR, RA 9285).

 Separation of Mediation from Counseling and Legal Advice

Except in evaluative mediation or when the parties so request, a


mediator shall:

Refrain from giving legal or technical advice and otherwise


engaging in counseling or advocacy; and abstain from
expressing his/her personal opinion on the rights and duties of

xix
the parties and the merits of any proposal made.

 Charging of Fees.

A mediator shall fully disclose and explain to the parties the


basis of cost, fees and charges.

The mediator who withdraws from the mediation shall return to


the parties any unearned fee and unused deposit.

A mediator shall not enter into a fee agreement, which is


contingent upon the results of the mediation or the amount of
the settlement. (Article 3.11., IRR, RA 9285).

 Promotion of Respect and Control of Abuse of Process

The mediator shall encourage mutual respect between the


parties, and shall take reasonable steps, subject to the principle
of self- determination, to limit abuses of the mediation process.

 Solicitation or Acceptance of any Gift

No mediator or any member of a mediator’s immediate family


or his/her agent shall request, solicit, receive or accept any gift
or any type of compensation other than the agreed fee and
expenses in connection with any matter coming before the
mediator. (Article 3.13., IRR, RA 9285).

Conduct of Mediation

The articles to be considered in the conduct of Mediation are the


following:

a. The mediator shall not make untruthful or exaggerated


claims about the dispute resolution process, its costs and benefits,
its outcome or the mediator’s qualifications and abilities during the
entire mediation process.
b. The mediator shall have held the parties reach a satisfactory
resolution to their dispute but has no authority to impose a
settlement on the parties.
c. The mediation process shall, in general, consists of the following
stages:

 opening statement of mediator


 individual narration by the parties;
 exchange by the parties;
 summary of issues;
 generation and evaluation of options; and
 closure

The mediation proceeding shall be held in private. Person,


other than the parties, their representatives and mediator, may
attend only with the consent of all the parties.

xx
The mediation shall be closed:
 by the execution of a settlement agreement by the parties;
 by the withdrawal of any party from mediation; and
 By the written declaration of the mediator that any further
effort at mediation would not be helpful. (Article 3.17., IRR,
RA 9285)

LET’S TRY THIS!

Debate

Instruction: The aim of this activity is to try to find positive ways


to define the meaning of conflict. Simultaneously, it will give students a
chance to work with and get to know others in the class.

1. Separate the class into groups of 4 or 5 and give them a large


marker pen and a large sheet of paper.
2. Inform the teams that they must answer the 3 questions:
 How would you define conflict?
 What negative problems might be caused by the conflict in
the school?
 What positive outcomes can result from conflict in the
school?
3. Ask them to write the titles ‘Definition’, ‘Negatives’ and ‘Positive’s’
and to list their answers under those headings.
4. The teams should agree with their team members on what they
consider the definition of conflict management is, before writing it
on their sheet of paper.
5. After the allotted time is up, have one person from each group, say
aloud to the class, what their definition and positives and negatives
were, that they listed.

LET’S DO THIS!

Engage

Reflect on the picture shown above, what


do you think happened? write your ideas
about the conflict and state why it becomes
an engine for social change.

xxi
LESSON 2: Restorative and Retributive Justice System

LESSON SUMMARY

The Barangay Justice System, also known as the Katarungang


Pambarangay, is a localized conflict resolution mechanism in the
Philippines designed to address minor disputes and legal issues
within communities. Established under the Local Government Code
of 1991, this system empowers barangays to mediate and resolve
conflicts without resorting to formal courts.

LESSON OBJECTIVES:

a. Understand the structure and functions of the Barangay Justice


System

b. Identify the dispute resolution process within the Barangay level

c. Evaluate the effectiveness of the conflict resolution through


Barangay Justice System

Motivation Question
What drives your interest in the barangay justice system, and how
do you see its role in promoting community justice and resolving
barangay/ local conflicts effectively?

LET’S LEARN!
RESTORATIVE AND RETRIBUTIVE JUSTICE

If a convict breaks the law, retributive justice requires that they


suffer as a result, and that the penalty be proportional to the crime.
The term "retributive justice" has been described in a number of
ways, but it is best defined as a type of justice that adheres to the
following three principles:

xxii
 That those who commit certain forms of wrongdoings, which
are called paradigmatic severe crimes, are morally entitled to a
proportionate punishment;
 that it is inherently morally good—good without regard to any
other goods that may arise—if some legitimate punisher gives
them the punishment they deserve;
 that deliberately punishing the innocent or inflicting unnecessarily
high penalties on wrongdoers is morally impermissible.

Retributive justice is a type of criminal justice that focuses on


punishing offenders and compensating victims. The severity of the
penalty is generally proportional to the magnitude of the crime.

What is Restorative Justice?

Restorative Justice is a type of justice in which remorseful


offenders accept responsibility for their acts, particularly in relation
to their victims and the community. With the participation of the victims,
the perpetrator of the crime, and the community in the search for
remedies that promote repair, rehabilitation, and reassurance, it provides
a sense of duty to make things right. As a result, the victim, defendant,
and/or any other individual or community member impacted by the crime
participate effectively in the restorative justice process to address
problems resulting from the criminal offense, often with the help of a fair
and impartial third party.

Restorative Justice is a legal philosophy that focuses on repairing


the harm that criminal behavior has caused. If that isn't possible, it's
best to use cooperative processes that allow all willing stakeholders to
meet, but there are other options if that isn't possible. Individuals,
partnerships, and cultures may all be affected.

Restorative Justice Core Values

Restorative Justice is based on the balance focused on the offender,


victim and community. The values, according to each participant, are;
a. the offender- apology or shaming and reintegration,
b. the victim- the harm and opportunity for forgiveness, and
c. the community- relationships.

Outcomes and measurement to restorative justice programs,


based on each values are:

The Offender

Apology- either oral or written, recognizing responsibility and not seeing


oneself as a victim and realizing and acknowledging the harm suffered by
the victim.

Reintegration- earning his or her place back in the community,


particularly through the action plan developed under the healing the
harm process.

xxiii
The Victim

Harm- assessing what harm was done, developing a case plan to repair
the harm, and creating an action plan for those responsible for healing
and repairing the harm.

Forgiveness- the opportunity is extended for the victim to accept an


apology from the offender and to extend forgiveness.

The Community

Relationship- healing broken relationships and creating new relationships.

Four Key Values of the Restorative Program

 Encounter- create opportunities for victims, offenders and


community members who want to do so to meet to discuss the
crime and its aftermath. The elements of an encounter are:
meeting, narrative, emotion, understanding and agreement.

 Amends- except offenders to take steps to repair the harm they


have caused. The four elements of making amends are; apology,
changed behavior, restitution and generosity.

 Reintegration- seeks to restore victims and offenders as a whole,


contributing members of society. The elements of reintegration
are; acknowledging human dignity and worth, providing material
assistance and offering moral spiritual direction.

 Inclusion- provide opportunities for parties with a stake in a


specific crime to participate in its resolution. The ingredients of
inclusions are; invitation, acknowledgement that the person invited
has unique interest and recognition that he or she might want to
try alternative approaches.

Fundamental Principles of Restorative Justice

 Justice requires that we work to restore those who have been


injured: victims, communities and even offenders.
 Those most directly involved and affected by crime-victims,
offenders and community-should have the opportunity to
participate fully in the response if they wish.
 While the government is responsible for preserving a just public
order, the community’s role in establishing and maintaining a just
peace must be given significance.

xxiv
xxv
LET’S TRY THIS!

Answer the following:


1. How does the barangay Justice System contribute to conflict
resolution in local communities, and what are the advantages
and limitations in handling disputes at this level compared to
the formal judicial system?
2. In what ways can a barangay justice system be improved to
better serve the needs of the community, and what role
should local government units play in supporting these
improvements?

LET’S DO THIS!

ENGAGE

Reflect on the picture shown above, what do


you think happened?

26
POST-TEST

1. ___________are considered as the Chief Executive of the


barangay.
a. Punong
Barangay
b. Lupon Tagapamayapa
c. Pangkat Tagapagkasundo
d. City Mayor
2. What is the most compelling reason why Presidential
Decree No. 1508 had been passed into law?
a. To settle all
the disputes in the country
b. To have
speedy and unfair trial
c. To make a mutually inconsistent decision
d. To promote
speedy administration of justice
3. Which of the following is considered as the best conflict
resolution strategy?
a. Avoiding
b. Collaboratin
g
c. Competing
d. Accommod
ating
4. Which of the following best describes Feminist theory?
a. It says that knowledge is always made or
invented and not discovered.
b. Can be summarized as exploring the oppressive
power of dominant norms, particularly those relating to
sexuality.
c. It aims to understand the nature of gender inequality.
d. The core idea is that race is a social construct
and that racism is not merely the product of individual
bias or prejudice, but also something embedded in legal
systems and policies.
5. The following are the qualifications of Lupon members,
EXCEPT
a. Legal Age
b. Any person who is an actual resident of the
Barangay
c. Working in the barangay
d. Member of the bar
6. Which of the following best describes the concept of
Avoiding?
a. The objective is
to find some expedient, mutually acceptable solution

|Dispute Resolution and Crisis/Incident |BAGON 27


Management
that partially satisfies both parties
b. The individual
neglects his own concerns to satisfy the concerns of the other
person; there is an element of self-sacrifice in this mode.
c. The person neither pursues his own concerns nor those of the
other individual
d. N
one of the choices are correct
7. How many years did Barangay Chairman hold their office?
a. 2 years
b. 9 years
c. 3 years
d. 6 years
8. How long did members of the Lupon term of office?
a. 2 years
b.9 years
c. 3 years
d. 6 years
9. Which of the following best describes the concept of
Accommodating?
a. The objective is to find some expedient, mutually acceptable
solution that partially satisfies both parties
[Link] individual neglects his own concerns to satisfy the concerns
of the other person; there is an element of self-sacrifice in this
mode.
c. The person neither pursues his own concerns nor those of the
other individual
[Link] of the choices are correct
10. Which of the following does not belong to the group?
a. Lupon Tagapamayapa
[Link]
c. Pangkat Tagapagkasundo
d. Punong Barangay

28
REFERENCES

Festin, G. (2016). The Alternative Dispute Resolution and


the arbitration Law. Rex Book Store.

Tschannen-Moran, M. (2001, January). The Effect of a state-


wide Conflict Management Intiative in School. Retrieved from
Research Gate:
[Link]
_a_State-Wide_Conflict_Management_Initiative_in_Schools

|Dispute Resolution and Crisis/Incident |BAGON 29


Management
ANSWERS TO THE PRE-TEST

1. c. Confingere
2. d. Feminist Theory
3. a. Avoiding
4. c. Accommodating
5. b. Conflict
6. b. Competing
7. c. Post- Structural
8. c. Avoidance
9. b. Structuralism theory
10. d. Both A&C

ANSWERS TO THE POST-TEST


1. a. Punong Barangay
2. d. To promote speedy administration of justice
3. c. Collaborating
4. c. It aims to understand the nature of gender inequality.
5. d. Member of the bar
6. c. The person neither pursues his own concerns nor those of
the other individual
7. c. 3 years
8. c. 3 years
9. b. The individual neglects his own concerns to satisfy the
concerns of the other person; there is an element of self-
sacrifice in this mode.
10. b. Adjudicators

|Dispute Resolution and Crisis/Incident |BAGON 7


Management
COLLEGE OF CRIMINAL JUSTICE EDUCATION

Author/s: Christian A. Bagon


Date of Creation: July 15, 2022
Date of Revision: July 30, 2024
Number of Revisions: Rev.__1__
Date of Implementation: S.Y.2024-2025

Evaluated: Paul Anthony Cano Verified: Cheron O. Reyes


Program Head, Industrial Security DEAN, College of Criminal Justice
Management Education

Approved: ODIEIM

Common questions

Powered by AI

The Office for Alternative Dispute Resolution acts as an appointing authority for mediators and arbitrators, conducts seminars, and promotes ADR practices. Its impact lies in standardizing ADR processes, enhancing accessibility to dispute resolution, and supporting the development of ADR professionals in the Philippines .

Challenges include integrating these principles within traditional punitive systems, ensuring equitable victim and offender participation, and cultural acceptance of sometimes non-punitive outcomes. There may also be logistical and resource concerns in effectively facilitating restorative processes .

Crisis management strategies include proactive measures like planning and training, reactive measures like incident response, and de-escalation techniques. These relate to law enforcement by preparing officers for various scenarios, enhancing response efficiency, and promoting community safety by limiting the escalation of critical situations .

Mediation differs in that it is a voluntary process facilitated by a mediator who assists communication and negotiation but does not impose a settlement. In contrast, arbitration involves a binding decision by an arbitrator, and conciliation is a process where a conciliator meets with parties separately to settle disputes .

A mini-trial involves a non-binding evaluation by neutral parties in front of decision-makers from each side. It differs from court processes in that it is informal, aimed at negotiations rather than legally binding judgments, and promotes collaboration between parties to reach a settlement .

According to RA 9285, a mediator must maintain impartiality, confidentiality, avoid giving legal advice, and fully disclose fees. They must also avoid any conflict of interest and ensure that all parties understand the mediation process and have the freedom to make decisions without coercion .

The core principles of Restorative Justice include restoring those who have been injured, providing opportunities for victims, offenders, and the community to participate in the response, and balancing the roles of government and community in establishing peace. These principles contribute to conflict resolution by focusing on the healing of victims, accountability of offenders, and strengthening community ties. Restorative Justice emphasizes rehabilitation and reintegration, aiming for long-term societal harmony .

Mediation ensures confidentiality by limiting access to mediation sessions to directly involved parties and requiring mediators to keep all information confidential. This builds trust among parties, encourages open dialogue, and supports the voluntary nature of settlement processes, making mediation more effective .

Advantages of the Barangay Justice System include accessibility, cost-effectiveness, and fostering community involvement in dispute resolution. Limitations include potential lack of legal formality, which may lead to inconsistent outcomes and challenges in handling more complex legal matters compared to the formal judicial system .

The 'Consent and Self-Determination' principle is significant as it ensures that the parties involved have the autonomy to make decisions regarding participation and settlement options. This principle affects outcomes by fostering voluntary agreements that reflect the true interests and needs of the parties, enhancing the durability of the resolution .

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