NORTHWESTERN UNIVERSITY
Don Mariano Marcos Avenue, Laoag City,
2900, Ilocos Norte, Philippines
College of Criminal justice Education
Subject: CRIM 6- DISPUTE
RESOLUTION AND
CRISES/INCIDENTS MANAGEMENT
DISPUTE- disagreement, argument, or debate
RESOLUTION- a firm decision to do or not to do
something
DISPUTE RESOLUTION- the process of resolving
disputes between parties. The term dispute resolution is
sometimes used interchangeably with
conflict resolution.
CRISES/INCIDENTS
MANAGEMENT
Is the process by which an organization deals with a
disruptive and unexpected event that threatens to
harm the organization or its stakeholders. The study
of crisis management originated with large-scale
industrial and environmental disasters in the 1980s. It
is considered to be the most important process in
public relations.
Part I
Principles and Philosophies of
Reconciliation; Arbitration;
Negotiation; Mediation; and the Court
Annexed Mediation; and Litigation as
modes of Disputes Resolution.
Principles and Philosophies
The philosophy is the ‘What’ and ‘Why.’ It clarifies
what you believe in or what you want to do. It also
describes why you believe in the approach. The
principles are the ‘How’. They outline the key
strategies you can follow to translate the philosophy
into action. Later we will explore how to put the
principles into practice
Reconciliation
The process of making two people or groups of people friendly again
after they have argued seriously or fought and kept apart from each other,
or a situation in which this happens
What is police-community reconciliation?
The aim of Police-Community Reconciliation is for communities and law
enforcement to reckon with these difficult truths as a foundation for making
real, meaningful change. It begins with open and honest dialogue—from
which they can build mutual respect, empathy, trust, and a better way
forward together.
Dispute between Law
Enforcement to Community
Lack of
Confidence
Over Power
Abuse of Authority
Improper Justice
Trust and Confidence
Arbitration
Is a form of alternative dispute resolution (ADR) that resolves
disputes outside the judiciary courts. The dispute will be decided
by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral
tribunal'), which renders the 'arbitration award'. An arbitration
decision or award is legally binding on both sides
and enforceable in the courts, unless all parties stipulate that the
arbitration process and decision are non-binding.
Arbitrability
By their nature, the subject matter of some disputes is not capable of arbitration. In
general, two groups of legal procedures cannot be subjected to arbitration:
-Procedures which necessarily lead to a determination which the parties to the dispute
may not enter into an agreement upon: Some court procedures lead to judgments which
bind all members of the general public, or public authorities in their capacity as such, or
third parties, or which are being conducted in the public interest. However, most other
disputes that involve private rights between two parties can be resolved using arbitration.
In some disputes, parts of claims may be arbitrable and other parts not.
-Some legal orders exclude or restrict the possibility of arbitration for reasons of the
protection of weaker members of the public
Arbitration in the Philippines
Arbitration in the Philippines is governed by three main pieces of
legislation: the New Civil Code (RA 386), the Arbitration Law of
1953 (RA 876), and the Alternative Dispute Resolution Act of
2004 (RA 9285). Construction is specifically governed by the
Construction Industry Arbitration Law of 1985 (EO 1008).
Arbitration in the Philippines is also governed by the Special Rules
of Court on Alternative Dispute Resolution and Department of
Justice (DOJ), promulgated by the Supreme Court and the
Department of Justice, respectively, all of which underscore state
policy in favor of arbitration.
Arbitration in the Philippines
The New Civil Code (RA 386),
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES
Arbitration Law of 1953 (RA 876)
AN ACT TO AUTHORIZE THE MAKING OF ARBITRATION AND SUBMISSION
AGREEMENTS, TO PROVIDE FOR THE APPOINTMENT OF ARBITRATORS
AND THE PROCEDURE FOR ARBITRATION IN CIVIL CONTROVERSIES, AND
FOR OTHER PURPOSES
Alternative Dispute Resolution Act of 2004 (RA 9285)
AN ACT TO INSTITUTIONALIZE THE USE OF AN ALTERNATIVE DISPUTE
RESOLUTION SYSTEM IN THE PHILIPPINES AND TO ESTABLISH THE OFFICE
FOR ALTERNATIVE DISPUTE RESOLUTION, AND FOR OTHER PURPOSES
The state support accorded to arbitration is further highlighted by the state
policy of implementing the competence-competence principle, which accords
to the arbitral tribunal the first opportunity or competence to rule on the issue
of its own jurisdiction to decide a dispute submitted to it for decision,
including any objection with respect to the existence or validity of the
arbitration agreement. Courts are even mandated to exercise judicial restraint
and defer to the arbitral tribunal in ruling on such issues. This is in line with
the state policy to respect party autonomy, with the greatest cooperation and
least intervention from the courts. To this end, court intervention is limited
by RA 9285 and the Special ADR Rules in very specific instances. Where
the parties have agreed to submit their dispute to arbitration, courts shall
refer the parties to arbitration bearing in mind that such arbitration agreement
is the law between the parties and that they are expected to abide by it in
good faith.
The state policy favouring arbitration, notwithstanding, there
are a few matters that cannot be subject to arbitration in the
Philippine setting:
•labour disputes covered by the Philippine Labor Code;
•civil status of persons;
•validity of marriage;
•any grounds for legal separation;
•jurisdiction of courts;
•future legitime;
•criminal liability,
•future support; and
•those which by law cannot be compromised.
Negotiation
Is a dialogue between two or more parties to resolve
points of difference, gain an advantage for an
individual or collective, or craft outcomes to satisfy
various interests. The parties aspire to agree on matters
of mutual interest. The agreement can be beneficial for
all or some of the parties involved.
Four Stages
Of
Negotiation
Mediation
Mediation is a structured, interactive process where an impartial
third party neutrally assists disputing parties in resolving conflict
through the use of specialized communication and negotiation
techniques. All participants in mediation are encouraged to actively
participate in the process. Mediation is a "party-centered" process in
that it is focused primarily upon the needs, rights, and interests of the
parties. The mediator uses a wide variety of techniques to guide the
process in a constructive direction and to help the parties find their
optimal solution. A mediator is facilitative in that they manage the
interaction between parties and facilitates open communication.
Six Stages
of
Mediation
Mediation
Tips
Litigation as modes of Disputes
Resolution
The act, process, or practice of settling a dispute in a court of
law : the act or process of litigating.
Many legal disputes are resolved through direct negotiation, often
based on a lawyer's advice, but without formally filing a claim to
commence litigation. In fact, only a small percentage of litigated
cases proceed through trial. Most are settled through negotiation,
mediation, arbitration or other forms of alternative dispute resolution
(ADR).
Litigation- the process of taking legal action
Part II
Restorative Justice
versus
Retributive Justice
Restorative Justice in the Philippines
Restorative justice is an approach to justice that aims to
repair the harm done to victims. In doing so, practitioners
work to ensure that offenders take responsibility for their
actions, to understand the harm they have caused, to give
them an opportunity to redeem themselves, and to discourage
them from causing further harm. For victims, the goal is to
give them an active role in the process, and to reduce feelings
of anxiety and powerlessness.
Restorative Justice
response to criminal behavior that focuses on lawbreaker restitution
and the resolution of the issues arising from a crime in which victims,
offenders, and the community are brought together to restore the
harmony between the parties.
Restorative justice includes direct mediation and conflict resolution
between the offender, the victims, their families, and the community.
It holds the offender accountable to the other parties while also
providing the offender with learning experiences that offer law-
abiding lifestyles as realistic alternatives to criminality.
Restorative Justice
Restorative justice seeks to examine the harmful impact of a crime
and then determines what can be done to repair that harm while
holding the person who caused it accountable for his or her actions.
Accountability for the offender means accepting responsibility and
acting to repair the harm done. Outcomes seek to both repair the
harm and address the reasons for the offense, while reducing the
likelihood of re-offense. Rather than focusing on the punishment
meted out, restorative justice measures results by how successfully
the harm is repaired.
Restorative
Justice in the
Philippines
Restorative
Justice in the
Philippines
Restorative
Justice in the
Philippines
HOW IS
RESTORATIVE
JUSTICE
IMPLEMENTED IN
PAROLE AND
PROBATION
Restorative
Justice in the
Philippines
Restorative
Justice in the
Philippines
Restorative
Justice in the
Philippines
WHAT ARE THE ROLES
OF THE PROBATION AND
PAROLE OFFICERS IN THE
IMPLEMENTATION OF
RESTORATIVE JUSTICE?
Restorative
Justice in the
Philippines
WHAT ARE THE PROCEDURAL
SAFEGUARDS TO BE OBSERVED IN
APPLYING THE RESTORATIVE
JUSTICE PROCESSES TO RESOLVE
CONFLICTS ARISING FROM THE
CRIMINAL OFFENSE?
Restorative
Justice in the
Philippines
Restorative
Justice in the
Philippines
WHAT ARE THE
RESTORATIVE JUSTICE
MODELS THAT CAN BE
APPLIED IN PPA?
Restorative
Justice in the
Philippines
Restorative
Justice in the
Philippines
Restorative
Justice in the
Philippines
WHAT ARE THE OUTCOMES OR
INTERVENTIONS WHICH CAN
BE AGREED UPON DURING THE
RESTORATIVE JUSTICE
PROCESS?
Restorative
Justice in the
Philippines
Restorative
Justice in the
Philippines
Restorative
Justice in the
Philippines
Restorative
Justice in the
Philippines
Restorative
Justice in the
Philippines
Retributive Justice in the Philippines
Is a legal punishment that requires the offender to receive a punishment for a crime
proportional and similar to its offense. As opposed to revenge, retribution—and thus
retributive justice—is not personal, is directed only at wrongdoing, has inherent limits,
involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs
procedural standards. Retributive justice contrasts with other purposes of punishment such
as deterrence (prevention of future crimes), exile (prevention of opportunity)
and rehabilitation of the offender.
Retributive
Justice Focuses
on the
Following
Retributive
Justice Focuses
on the
Following
Retributive
Justice Focuses
on the
Following
Part III
Overview of Katarungang Pambarangay
Presidential Decree No. 1508
Katarungang Pambarangay was governed by Presidential
Decree No. 1508 which was signed on June 11, 1978 and took
effect on December 20, 1978. It covers cases punishable by
imprisonment not exceeding thirty (30) days or a fine not
exceeding Two Hundred Pesos (P200.00).
Presidential Decree No. 1508
Katarungang Pambarangay was governed by Presidential
Decree No. 1508 which was signed on June 11, 1978 and took
effect on December 20, 1978. It covers cases punishable by
imprisonment not exceeding thirty (30) days or a fine not
exceeding Two Hundred Pesos (P200.00).
Overview
of PD No.
1508
Overview
of PD No.
1508
Overview
of PD No.
1508
Overview
of PD No.
1508
Overview
of PD No.
1508
Overview
of PD No.
1508
Overview
of PD No.
1508
Overview
of PD No.
1508
Overview
of PD No.
1508
Overview
of PD No.
1508
Overview
of PD No.
1508
Overview
of PD No.
1508
Overview
of PD No.
1508
Overview
of PD No.
1508
Overview
of PD No.
1508
GOODLUCK FOR PRELIM
EXAMINATION