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Crim 6 Assignment

Dispute resolution is the process of resolving conflicts between parties without going to court. It includes alternative dispute resolution (ADR) methods like arbitration, mediation, early neutral evaluation, mini-trial, and conciliation. Amicably settling disputes offers benefits like less uncertainty than litigation, lower costs, and less stress than dealing with courts. The barangay justice system and indigenous justice processes provide culturally appropriate ways to resolve disputes within communities using traditional systems instead of mainstream courts.

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37 views2 pages

Crim 6 Assignment

Dispute resolution is the process of resolving conflicts between parties without going to court. It includes alternative dispute resolution (ADR) methods like arbitration, mediation, early neutral evaluation, mini-trial, and conciliation. Amicably settling disputes offers benefits like less uncertainty than litigation, lower costs, and less stress than dealing with courts. The barangay justice system and indigenous justice processes provide culturally appropriate ways to resolve disputes within communities using traditional systems instead of mainstream courts.

Uploaded by

Dom rosete
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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1. What do you understand of the word dispute resolution?

Dispute resolution is the process of resolving a dispute or conflict between different parties. Crucially,
dispute resolution can be a way of solving a conflict without having to go to court.

Under Republic Act No. 9285, section 3 paragraph a, "Alternative Dispute Resolution System" means
any process or procedure used to resolve a dispute or controversy, other than by adjudication of a
presiding judge of a court or an officer of a government agency, as defined in this Act, in which a neutral
third party participates to assist in the resolution of issues, which includes arbitration, mediation,
conciliation, early neutral evaluation, mini-trial, or any combination thereof;

2. Do you know of any restorative process of dispute resolution?

Arbitration - 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 this Act, resolve a
dispute by rendering an award.

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.

Early Neutral Evaluation - means an 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.

Mini-Trial - means a structured dispute resolution method in which the merits of a case are argued
before a panel comprising senior decision makers with or without the presence of a neutral third person
after which the parties seek a negotiated settlement.

Conciliation - is an alternative out-of-court dispute resolution instrument. Like mediation, conciliation is


a voluntary, flexible, confidential, and interest based process. The parties seek to reach an amicable
dispute settlement with the assistance of the conciliator, who acts as a neutral third party.

Negotiatuon - Refers to a dispute resolution process by which the involved parties voluntarily discuss
their differences and attempt to reach an agreement which can be mutually agreed upon by them
without the involvement of a third party.

3. What are the benefits of amicable settlements?

Amicable settlement is a process where parties to a dispute or a lawsuit find ways to resolve their
differences in a friendly and non-contentious way.

There are many benefits in amicably resolving a dispute:

* You will have less uncertainty of getting a desired outcome than if you put your faith in the hands of a
judge
* You will save money in less costly legal proceedings where you will note waste your money in
unnecessary court proceedings

* You will have no time pressure to negotiate your settlement terms as opposed to dealing with strict
Court mandated deadlines for a disputed case

* You will not have the stress of dealing with the Court system and the anxiety of a litigated case

* You will save money by spending less on legal fees and Court related costs

4. What do you understand about the barangay justice system?

The Barangay Justice System, otherwise known as the Lupon Tagapamayapa is a system created by the
government in order to solve disputes within the Barangay level before going into court. These disputes
are usually created between relatives within the Barangay.

Members within the Lupon Tagapamayapa are referred to as the Lupon and are composed of the
Punong Barangay, which consist of a chairman along with 10 - 20 members of the barangay.

It provides for resolution of disputes at the barangay level in order to achieve peace and harmony within
the community and to provide an accessible and effective form of justice for community members.

5. What is your idea about indigenous justice processes?

In our country, the rights of indigenous persons are constitutionally recognized, and legislative acts such
as the Indigenous Peoples' Rights Act provide for the right of indigenous persons to traditional justice
systems and laws.

The programs provide cultural alternatives to mainstream justice processes in appropriate


circumstances. Programs are working to lower the high rates of victimization, crime and incarceration
among Indigenous people in their communities.

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