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ADR Reflection Journal

This document discusses conflict resolution and transformation. It begins by defining relationships and conflicts, noting that disagreements are inevitable in relationships. It then discusses that avoiding conflicts is often done to avoid pain, but that confrontation need not be dramatic and can be done transparently. The document notes that alternative dispute resolution offers quicker resolution compared to litigation, as well as flexibility and cost efficiency. It discusses a workshop on conflict sensitivity and creative conflict transformation, emphasizing understanding different perspectives in conflicts. Key steps in resolving conflicts discussed are identifying the actors and their incompatible goals, and using tools like the ABC triangle to analyze conflicts from different angles to find solutions where parties can compromise.

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Caitlin Kintanar
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54 views

ADR Reflection Journal

This document discusses conflict resolution and transformation. It begins by defining relationships and conflicts, noting that disagreements are inevitable in relationships. It then discusses that avoiding conflicts is often done to avoid pain, but that confrontation need not be dramatic and can be done transparently. The document notes that alternative dispute resolution offers quicker resolution compared to litigation, as well as flexibility and cost efficiency. It discusses a workshop on conflict sensitivity and creative conflict transformation, emphasizing understanding different perspectives in conflicts. Key steps in resolving conflicts discussed are identifying the actors and their incompatible goals, and using tools like the ABC triangle to analyze conflicts from different angles to find solutions where parties can compromise.

Uploaded by

Caitlin Kintanar
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
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Conflict Resolution and Transformation: Creating New Realities

Relationships tend to be complex; they are programmed to be that


way. And a relationship can pertain to anything- it can be your relationship
with the members of your family, your friends, your workmates, and your
lovers. And naturally, no relationship is built to be perfect. Disagreements
are present and are always bound to occur. And these disagreements are
usually the source of conflicts. Some people are gifted in settling disputes
and conflicts; but most of us mortals are not. Oftentimes, we tend to avoid
conflicts such that if we have a problem with another person, we do not say
it straight to his or her face. We wait for it to pile up until such time that we
feel like we are a walking bomb ticking by.

But is it good to avoid confrontation in settling conflicts?

It is safe to say that avoiding conflict is sourced from avoiding


potential pain. But it need not result to a bad and dramatic confrontation, it
can result to an effective one. We can confront situations and issues that
arise in different organizations with such candor and transparency.

Even in the practice of law, conflicts cause why cases are filed in
courts. But a case litigated upon demands a rigorous process; it tortures not
just the emotional stability of a person but the pockets as well. It can cause
hundreds of thousands without even assurance that one’s peace of mind is
found at the end of the trial. A simple issue that can be resolved
extrajudicially is not resolved that way, instead filed in courts. While I
emphasize that this is not necessarily bad because we respect the right of
each person to ask recourse in the courts, this may also add a burden to our
judicial system because it clogs the court dockets.

Today, it is encouraged that parties should agree to solutions outside


the courts. Where it is appropriate, parties involved should explore whether a
dispute can be resolved by agreement especially in instances where
emotional issues combine with legal issues. Needless to say, the solution
agreed upon should of course meet the fundamental principles of justice.
Alternative dispute resolution (ADR) offers the benefit of getting the
issues resolved quicker rather when it is filed in court. At the same time,
flexibility is exercised and enjoyed more by the parties when ADR is
employed. It also allows the creation of new arrangements to prevent the
same dispute from happening again. In summary, its main purpose is not just
efficiency, but cost efficiency.

As aspiring lawyers, it is important that as early as now we already


explore and get ourselves familiar with these options available outside the
court. It is a good thing that a two-day training workshop entitled “Conflict
Sensitivity and Creative Conflict Transformation” conducted by Mr. Cesar
Villanueva inside the Moot Court of the University of San Carlos, College
of Law was held. The intention of the workshop is to learn how to face
conflicts and the way to approach conflicts, may it be mundane or not, is
vital.

The thing is, there is no universal definition of what a conflict is.


While we see and experience conflict every day, how ironic is it that we still
do not have a grasp of what really it is? During the first day of the workshop,
what was emphasized is to discover how each individual view conflict.
Knowing your own personality is important in understanding what a conflict
is. While it can be described in different words and various languages,
bottom line of a conflict is that the incompatible goals should be respected
and a solution where both parties benefit should be compromised.

To understand that conflicts come in different faces, the speaker had


us present our own actual experiences regarding conflicts. And my takeaway
from all of those experiences that were shared within the groups is this: that
conflict is just an idea, where one wants to have that idea be agreed and
followed by others. But that is not always the case because we are all
humans; our capacity to think and argue, believe in something, stand for
what we believe in and defend them with all our hearts are the very
characteristics that humanize us. But there is no rule that states that people
should agree in everything all the time. And for me, this is where conflict
becomes beautiful in this perspective. It now teaches us to always treat
ourselves similar to a cup that is half-full, capable of taking in new learnings
from others and understanding that each individual is made to be different.
When one has been exposed to different environment than the other,
then there could be difference in belief systems. For example, a person who
grew up in United States (U.S.) and a person who grew up here in the
Philippines can have different approach on things. Generally, a person who
has been living his entire life in U.S. might come as a frank and
straightforward person while one who has been raised here may not be that
vocal because we were taught not to talk back especially to our elders. In
short, culture and upbringing can spell the difference also and might create
conflict in the end. It is important to note that each comes from different
walks of life so respect should always be given.

One of the activities that was also exercised during the first day was
when were tasked to rank the different stages from birth of conflict to its
resolution. The Speaker said that there is no right or wrong answer because
how we rank the stages might differ due to the very fact that we also have
various experiences. And true enough, all of us have different views on how
conflicts start, and how they are resolved. But most of us said that the birth
of conflict arises when there are disagreements that are left untold and kept
within us. The lack of communication (and most of us sadly tend to not
communicate with the other) results in conflicts which escalates to
something more serious.

The problem now arises because not everyone is as open minded as


that; more often than not, we tend to be hurt and take such disagreements
against another. And because conflicts cannot be avoided, there are ways in
trying to resolve them the best way possible. There is no hard and fast rule
or procedure that must be followed but there are suggested ways on how to
take on conflicts, face-to-face.

So, what are the steps that can be employed to resolve conflicts?

I learned during the workshop that the first thing that needs to be done
is to identify who the actors are in the conflict and why are their goals
incompatible. It is important to understand that the reason for the
incompatible goals is due to differences in priorities. Take the instance for
example on the issue of the legality of divorce in the Philippines; the
following- the State, Church and the husband and wife along with their
children (if any)- are the actors. Each of them has incompatible goals with
the others since the priority of one party may not be a priority for another.
The State prioritizes the promotion of public interest and welfare, while the
Church prioritizes the sanctity of marriage as an inviolable institution and
the family as the basic foundation of a society. In analyzing the actors and
the reason for what each actor stands for is the key in resolving conflicts. It
creates opportunities in which areas that can be settled on by the actors and
which areas need to be respected. It provides an avenue to step back and try
to look at things in different perspectives. The solution may not make all of
them winners in the end; but it teaches each on how to compromise and
come up with an arrangement that can at least benefit each in the long run.

The next thing emphasized after identifying and understanding the


actors are the different tools in trying to resolve the different issues. The
tools that were mentioned are: ABC Triangle, Historical Timeline, Conflict
Tree, Onion and Mapping Stakeholders. There is no universally accepted
rule that states this tool can be used with this particular kind of conflict. This
means that the use of the tools in resolving one conflict can be an interplay
or a mix of two or more tools. It is always dependent on the circumstances
that have transpired and the options that are available. However, while all of
these tools sound so technical, what I learned from them is that the use of it
needs not be perfected. This is because the tools are inutile when the parties
and the actors themselves are not ready to negotiate in the first place.

Using the same issue reiterated in the earlier part of this Journal for
instance- applying the ABC Triangle tool on the issue of legality in the
Philippines. The parties in the ABC Triangle are: State (A), Church (B), and
the husband and wife (C). The conflict at hand as indicated inside the
triangle is the legality of divorce in the Philippines. The interest of each of
the actors are different of course: For A which is the State, it is to promote
the general welfare, for B which is the Church, it is to promote the sanctity
of marriage, and lastly for C which are the husband and wife in wanting the
divorce to be legalized it is for their self-preservation if they feel that the
marriage is not working anymore. All of these things need to be considered
and while there is no right or wrong among them since the belief and stand
of each actor has to be respected, a resolution has to be arrived upon. And in
knowing the importance in understanding conflict, there is really no “winner
takes it all” mindset applicable here. While the stand of one party may
prevail over another, the important thing is that all of them were part of the
process. They were all part of the communication, they were all part of the
dialogue.
“Conflict Sensitivity” was also mentioned which means the capacity
of a person to understand the situation and be able to contextualize it not just
in the present time but most importantly, in the nearest possible future as
well. For me, this might be the most important step of all. This is because
while one has the knowledge and skill in identifying the actors and their
priorities as well as mastery in applying the different tools in each situation
where conflict is involved, they all become useless when not contextualized
properly. In other words, the first two steps will not produce effective results
if the parties are not even willing and open to implement conflict sensitivity.
Then interventions in resolving these conflicts will not come in place.

Last step could be the need to transform the conflict into a positive
one. It has been emphasized during the workshop that conflicts always result
to a change. Now the change may not necessarily be bad, it could also be a
good change when used properly. This is possible with the concept of
conflict transformation. It can result to new realities where new
arrangements are created. The hope is that these arrangements should work
because the actors and the different parties were part in the dispute
resolution process. Their ideas and suggestions on how to resolve the
conflict were heard and used to come up with the best compromise
agreement that should be exercised in good faith.

In summary, ADR allows the possibility of a dialogue aimed at


improving the access to a solution that works best for each of the party. This
allows an easier access to the hands of Lady Justice without imputing too
much costs in which going to the courts usually entail. ADR allows this
access to be accessible in all parts, not just in the courts.

The truth is that there is really no definite answer whether one should
pursue litigation or ADR. There are cases that ADR seem appropriate and
there are also cases that it may not be possible. But what is encouraged is the
possibility of an option that is always available- and they can choose to avail
of it anytime they want. The circumstances of each case need to be weighed
upon and analyzed.

Even if removing ADR in the legal context, it is still important


because conflicts do not just happen in these cases. Resolving conflicts that
we face daily through dialogue and constant communication is the greatest
practice one can do. Conversation should not be feared; confrontation of the
conflict should not be avoided. That is the first step in creating a better life
for yourself.

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