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CvSU Mission
CvSU Vision Cavite State University shall provide
The premier universityin excellent, equitable and relevant
historic Cavite recognized for educational opportunities in the arts,
excellence in the development science and technology through quality
of globally competitive and instruction and relevant research and
morally upright individuals. development activities.
Republic of the Philippines It shall produce professional, skilled
and morally upright individuals for global
CAVITE STATE UNIVERSITY competitiveness.
Don Severino de las Alas Campus
Indang, Cavite

COLLEGE OF CRIMINAL JUSTICE

DEPARTMENT OF CRIMINOLOGY

LEARNING MODULE

DISPUTE RESOLUTION AND CRISIS/INCIDENT MANAGEMENT

(Prepared by: CHRISTIAN G DOMINGO, MCJ, PGDip-TS, EORA)

DESCRIPTION

Dispute resolution and crisis management is a study involving the understanding,

analysis and applying best strategies in resolving disputes at the elementary stage. The
restoration of interpersonal relations among the member of the parties involved are its
primordial end. It also covers those devoted to trace back the origin of conflicted situations
and how it can be measured and prevented in such a way that promotion of a peaceful
resolution is emphasized. Moreover, the understanding and application of knowledge on
the Incident Command System as an approach in dealing with Crisis Management is
significantly featured.

The course is intended to enhance the student’s awareness and competitiveness

along with the pursuit of understanding the nature of conflict resolution and applying
strategic measures and best practices in the field of crisis management.

OBJECTIVES

At the end of the course, the student should be able to trace the origin of restorative
justice system; elucidate the concepts, nature and procedures governing dispute
resolution; apply the implementing rules and regulations governing the Alternative
Dispute Resolution System and Amicable Settlement; identify the best principles and
strategies in dispute resolutions; explain the concept of crisis management and its
governing principles; apply the procedures in handling hostage situation thru a simulated
crisis scenario; and identify the role of the crisis management units and understand the
mandate of the country’s approach on Incident Command System.

METHODOLOGY

The course will make use of online and offline methods, reinforced by socialized
discussion, problem solving, case study, film viewing, reaction reports, and research
works, which are all used interchangeably.

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MODULE I
FOUNDATIONS OF DISPUTE RESOLUTION SYSTEM AND
A BRIEF GLANCE ON THE ALTERNATIVE DISPUTE RESOLUTION
SYSTEM IN THE PHILIPPINES

Learning Objectives
At the end of this part, the students should be able to comply with the following:
1. Trace the foundations of dispute resolution system in the Philippines.

2. Describe the basic concepts related to dispute resolution.

3. Identify and describe the different dispute resolution strategies.

4. Discuss the policy of the state as the primordial reference of the ADR System in
the Philippines?

5. Internalize the significance of the alternative dispute resolution system.

Teaching Methodology
1. Synchronous Discussion

2. Group Collaboration

3. Short Evaluation

4. Oral Recitation

5. Summary and Feedbacks

Time Frame:

• Week 3 to 6

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The Concept of Conflict

A conflict is a struggle between people. The struggle may be physical, or between
conflicting ideas. The word comes from Latin “conflingere” means to come together for a
battle. Conflicts can either be within one person, or they can involve several people or
groups.
Conflict is a natural disagreement arising between two or more people. It exists
when they have incompatible goals and one or more believe that the behavior of the other
prevents them from their own goal achievement.

Conflict Theories
Conflict theories are perspectives in sociology and social psychology that
emphasize a materialist interpretation of history, dialectical method of analysis, a critical
stance toward existing social arrangements, and political program of revolution or, at
least, reform. Conflict theories draw attention to power differentials, such as class conflict,
and generally contrast historically dominant ideologies. It is therefore a macro-level
analysis of society.
Karl Marx is the father of the social conflict theory, which is a component of the
four major paradigms of sociology. Certain conflict theories set out to highlight the
ideological aspects inherent in traditional thought. While many of these perspectives hold
parallels, conflict theory does not refer to a unified school of thought, and should not be
confused with, for instance, peace and conflict studies, or any other specific theory of
social conflict.
TYPES
Conflict theory is most commonly associated with Marxism, but as a reaction to
functionalism and the positivist method, it may also be associated with a number of other
perspectives, including:
o Critical theory
o Feminist theory: An approach that recognizes women's political, social, and
economic equality to men.
o Postmodern theory: An approach that is critical of modernism, with a mistrust of
grand theories and ideologies.
o Post-structural theory
o Postcolonial theory
o Queer theory: A growing body of research findings that challenges the
heterosexual bias in Western society.
o World systems theory
o Race-Conflict Approach: A point of view that focuses on inequality and conflict
between people of different racial and ethnic categories.
MODERN APPROACH ON CONFLICT
Charles Wright Mills (1916–1962) an American sociologist, and a professor of
sociology at Columbia University from 1946 until his death in 1962. Mills was published
widely in popular and intellectual journals, and is remembered for several books such as
The Power Elite, which introduced that term and describes the relationships and class
alliances among the US political, military, and economic elites; White Collar: The
American Middle Classes, on the American middle class; and The Sociological
Imagination, which presents a model of analysis for the interdependence of subjective
experiences within a person's biography, the general social structure, and historical
development.

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Societies are defined by inequality that produces conflict, rather than which
produces order and consensus. This conflict based on inequality can only be overcome
through a fundamental transformation of the existing relations in the society and is
productive of new social relations.
The disadvantaged have structural interests that run counter to the status quo,
which, once they are assumed, will lead to social change. Thus, they are viewed as
agents of change rather than objects one should feel sympathy for.
Human potential (e.g., capacity for creativity) is suppressed by conditions of
exploitation and oppression, which are necessary in any society with an unequal division
of labor. These and other qualities do not necessarily have to be stunted due to the
requirements of the so-called "civilizing process," or "functional necessity": creativity is
actually an engine for economic development and change.
Concept of Conflict Resolution
Conflict resolution is conceptualized as the methods and processes involved in
facilitating the peaceful ending of conflict and retribution. The term conflict resolution may
also be used interchangeably with dispute resolution, where arbitration and litigation
processes are critically involved. The term conflict resolution may also be used
interchangeably with dispute resolution, where arbitration and litigation processes are
critically involved. The concept of conflict resolution can be thought to encompass the use
of nonviolent resistance measures by conflicted parties in an attempt to promote effective
resolution.
Committed group members attempt to resolve group conflicts by actively
communicating information about their conflicting motives or ideologies to the rest of
group (e.g., intentions; reasons for holding certain beliefs) and by engaging in collective
negotiation. Dimensions of resolution typically parallel the dimensions of conflict in the
way the conflict is processed. Cognitive resolution is the way disputants understand and
view the conflict, with beliefs, perspectives, understandings and attitudes. Emotional
resolution is in the way disputants feel about a conflict, the emotional energy. Behavioral
resolution is reflective of how the disputants act, their behavior. Ultimately a wide range
of methods and procedures for addressing conflict exist, including negotiation, mediation,
mediation-arbitration, diplomacy, and creative peacebuilding.
Kenneth Thomas and Ralph Kilmann developed five conflict resolution strategies
that people use to handle conflict, including avoiding, defeating, compromising,
accommodating, and collaborating.
This assumes that people choose how cooperative and how assertive to be in a
conflict. It suggests that everyone has preferred ways of responding to conflict, but most
of us use all methods under various circumstances.

CONFLICT RESOLUTION STRATEGIES

Conflict Resolution Strategy #1: Avoiding
Avoiding is when people just ignore or withdraw from the conflict. They choose
this method when the discomfort of confrontation exceeds the potential reward of
resolution of the conflict. While this might seem easy to accommodate for the facilitator,
people aren’t really contributing anything of value to the conversation and may be
withholding worthwhile ideas. When conflict is avoided, nothing is resolved.

Conflict Resolution Strategy #2: Competing

Competing is used by people who go into a conflict planning to win. They’re
assertive and not cooperative. This method is characterized by the assumption that one
side wins and everyone else loses. It doesn’t allow room for diverse perspectives into a
well-informed total picture. Competing might work in sports or war, but it’s rarely a good
strategy for group problem solving.

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Conflict Resolution Strategy #3: Accommodating

Accommodating is a strategy where one party gives in to the wishes or demands
of another. They’re being cooperative but not assertive. This may appear to be a gracious
way to give in when one figures out s/he has been wrong about an argument. It’s less
helpful when one party accommodates another merely to preserve harmony or to avoid
disruption. Like avoidance, it can result in unresolved issues. Too much accommodation
can result in groups where the most assertive parties commandeer the process and take
control of most conversations.

Conflict Resolution Strategy #4: Collaborating

Collaborating is the method used when people are both assertive and
cooperative. A group may learn to allow each participant to make a contribution with the
possibility of co-creating a shared solution that everyone can support.
A great way to collaborate and overcome conflict is to reach out and touch them.
Conflict Resolution Strategy #5: Compromising
Another strategy is compromising, where participants are partially assertive and
cooperative. The concept is that everyone gives up a little bit of what they want, and no
one gets everything they want. The perception of the best outcome when working by
compromise is that which “splits the difference.” Compromise is perceived as being fair,
even if no one is particularly happy with the final outcome.
BRIEF GLANCE ON THE ALTERNATIVE DISPUTE RESOLUTION
SYSTEM IN THE PHILIPPINES
(Republic Act No. 9285)
Policy of the State
The following statements provides the Policy of the State as reference for the
sustenance of social justice and promotion of peace while making it at the early stage of
resolution.
✓ To promote party autonomy in the resolution of disputes or the freedom of the
parties to make their own arrangements to resolve their disputes;
✓ 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; an
✓ To enlist active private sector participation in the settlement of disputes through
ADR.

Terms to Ponder
o Alternative Dispute Resolution – a means to achieve speedy and impartial
justice to declog court dockets.
o ADR Provider means the institutions or persons accredited as mediators,
conciliators, arbitrators, neutral evaluators or any person exercising similar
functions in any Alternative Dispute Resolution system. This is without prejudice
to the rights of the parties to choose non-accredited individuals to act as mediator,
conciliator, arbitrator or neutral evaluator of their dispute.
o 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 the ADR Act, in which
a neutral third person participates to assist in the resolution of issues, including

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arbitration, mediation, conciliation, early neutral evaluation, mini-trial or any

combination thereof.
o Arbitration means a voluntary dispute resolution process in which one or more
arbitrators, appointed in accordance with the agreement of the parties or these
Rules, resolve a dispute by rendering an award.
o Arbitration Agreement means an agreement by the parties to submit to
arbitration all or certain disputes which have arisen, or which may arise between
them in respect of a defined legal relationship, whether contractual or not. An
arbitration agreement may be in the form of an arbitration clause in a contract or
in the form of a separate agreement.
o Authenticate means to sign, execute, adopt a symbol or encrypt a record in whole
or in part, intended to identify the authenticating party and to adopt, accept or
establish the authenticity of a record or term.
o Award means any partial or final decision by an arbitrator in resolving the issue or
controversy.
o 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 a 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
purposes of considering, conducting, participating, initiating, continuing or
reconvening mediation or retaining a mediator; and
(c) pleadings, motions, manifestations, witness statements, reports filed or
submitted in arbitration or for expert evaluation.
o Counsel means a lawyer duly admitted to the practice of law in the Philippines
and in good standing who represents a party in any ADR process.
o Court means Regional Trial Court except insofar as otherwise defined under the
Model Law.
o 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.
o Model Law means the Model Law on International Commercial Arbitration adopted
by the United Nations Commission on International Trade Law on 21 June 1985.
o Proceedings means a judicial, administrative or other adjudicative process,
including related pre-hearing or post hearing motions, conferences and discovery.
o Record means information written on a tangible medium or stored in an electronic
or other similar medium, retrievable in a perceivable form.
o Roster means a list of persons qualified to provide ADR services as neutrals or to
serve as arbitrators.
o Special ADR Rules means the Special Rules of Court on Alternative Dispute
Resolution issued by the Supreme Court on September 1, 2009.

Exception to the Application of the ADR Act

The provisions of the ADR Act shall not apply to the resolution or settlement of the
following:

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✓ 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 marriage;
✓ any ground for legal separation;
✓ the jurisdiction of courts;
✓ future legitime;
✓ criminal liability;
✓ those disputes which by law cannot be compromised; and
✓ disputes referred to court-annexed mediation.

Liability of ADR Providers/Practitioners

The ADR providers/practitioners shall have the same civil liability for acts done in
the performance of their official duties as that of public officers, upon a clear showing of
bad faith, malice or gross negligence.

*** End of Module ***

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MODULE EVALUATION

PART I – DEFINITION: Define the following concepts. Three (3) points each.
1. Conflict

2. Conflict Theories

3. Conflict Resolution

4. Alternative Dispute Resolution

5. Arbitration

PART II- ENUMERATION: Enumerate the following;

1–5 : Conflict Resolution Strategies

6 – 10 : Types of Conflict Theories

PART III – ESSAY: Discuss the following:

1. Describe the concept of Conflict. How it differs from the concept Dispute?

2. What are the different Dispute Resolution Strategies? Describe each.

3. Discuss the concept of conflict resolution.

Rubric for Scoring

Definition of Terms Essay

3 pts – Precise and complete 4-5 pts - Precise and complete

2 pts – Relevant idea 2-3 pts - Relevant idea

1 pt – Incomplete with relevant idea 1 pt - Incomplete with relevant idea

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