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Brief Background

Gaddang were characterized to be very clannish. One's


economic status became the basis of one's influence.

Female Gaddangs were viewed in a traditional way of being


submissive to males, particularly to their fathers. Also, mutual
respect between men and women was positively encouraged.

Settling Disputes

For the Gaddangs, an essential factor is the elders' role in


justice and conflict resolution. The role of elders was paramount in
settling conflicts. The wise advice of the older members of the tribe
was regarded as wisdom, so they were essential in negotiations and
settlement. They preside and mediate in disputes.

How relevant is the practice at present?

The justice system of the Gaddang is still relevant today. If not


most, some Filipinos even do not want to take their disputes in
court because it is too expensive and time-consuming. So, they
resort to their dispute settlement or ask a third person, most likely
elders, or a person of high regard, to mediate or give advice
regarding the conflict. The traditional methods of conflict resolution,
particularly that of Gaddang's, have long existed and are deeply
rooted in the customs and traditions of the people of Nueva Vizcaya.
These methods are geared towards maintaining harmonious and
peaceful coexistence in the community.

Is it a good mode of settling disputes in accordance with your


concept of ADR?
The concept of Alternative Dispute Resolution (ADR for brevity)
is that it is a 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, in which a neutral third
party participates to assist in the resolution of issues, which
includes among others, arbitration and mediation. Indigenous
conflict resolution focuses mainly on empathy in dealing with
everyday problems that underline humanity's essence. Concerning
Gaddang's system of settling a dispute, it is a good mode of
resolving a conflict, and it is in accordance with the Philippine
concept of ADR. The elders of the tribe, as they are highly regarded,
may take the position of a mediator or to adjudicate or to assist the
resolution of the conflict. The elder's wise advice from various
experiences may resolve and end the dispute between the erring
parties. However, the suggestion by the elders may not all times be
heeded to by the parties. Indigenous conflict resolution also has
limitations. It is not appropriate to take cases as a public sanction,
with an extreme power imbalance, undermine other judicial reform
efforts, and have no educational, disciplinary, or restriction effect
on the population.

Why would you recommend it, if ever?

Traditional conflict resolution is a time-proven social system


geared towards reconciliation and maintenance of social
relationships. I would recommend using Gaddang's method of
settling disputes because it does not consume many resources like
money and time. If the erring parties trust their elders, then a
speedy settlement of the conflict is at hand. This kind of settling the
dispute is relatively informal and, thus, less intimidating. Those
who may use them are also more at ease in a familiar environment.
Here the advantage is moving away from accusations and counter-
accusations, mending hurt feelings, and reaching a compromise
that may improve future relationships.

Should the practice be made part of ADR in the Philippines as a


whole?

Cultural and traditional approaches in resolving and


managing disputes play a vital role in promoting peace and social
order in the community. The Gaddang's settling of conflict may be
incorporated in the ADR of the Philippines. The traditional methods
are non-adversarial in nature, cost-effective, and accessible to
everyone in the community. It should also be noted that the modern
system has failed to obliterate animosity between disputing parties,
both during and after litigation. Before going to the Katarungang
Barangay or the court, the erring parties may resolve the dispute
through themselves or the elders. Gaddang's way of settling a
dispute through elders provides expertise in processes that can help
the parties reach agreements on the issues to be resolved. They
steer the parties through the process but make sure the decisions
are made by the parties alone. The conflicts may be managed not to
escalate and lead to a crisis between the parties.

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