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CRIM312 dispute

Week 2 (prelim)

Alternative dispute resolution- these are the way to resolve the dispute and avoid court trial.

 Arbitration- not adversarial approach to settle dispute. The two parties have choice to
choose their own arbitrator. You’re the one who will set the procedure.
- Arbitrator has no power to persuade.
 Mediation- it includes here the negotiation or bargaining. Process of mediator, parties has
choice to choose a mediator. The role of mediator is to facilitate the communication of
the two parties. If the party accepts the offer of the other party then dispute must be
resolve.
- Mediator is neutral party has no power to persuade the other party. Also a messenger
 Conciliation-

These three methods are more inexpensive and informal unlike adjudication procedures. These
are made to settle the dispute in economical way, and improve their relationship. (Two parties)

Week 3 (6:32-

Justice

 Doing what is right, fair, just, and proper. Moral will be involved.
 Your culture will be good but compare to other maybe your culture will be immoral.
 It deeper to one another.
 Particular order, and come to the law. Laws should be moral.

The psychological conceptions of Justice

In general, there are two objectives to all responses in law breaking, that is:

A. Behavioral Control; and

B. Justice Restoration (Retribution)

These two objectives can be achieved by different means either punitive or constructive.
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CRIM312 dispute

Behavioral control can be in a form of deterrence (both specific and general deterrence) and
incapacitation through incarceration or confinement.

Specific deterrence- punishment sa specific na tao.

General deterrence- psychological effect of specific deterrence. Impact ng punishment sa tao or

community.

Rehabilitation- training the person or re-educating the person means that while they are
incarcerated, they are expected to take steps for their better adjustment to society, they are
provided with support to learn new skills and expand their behavior repertoire and change
attitudes. This is a more constructive means towards behavior control where both parties
(offenders and the reactors) work together.

Week 4

Most primary ADR processes.

1. Arbitration
2. Mediation

Adjudication is an involuntary process; court has power to coerce the defendant. It is highly
structured, with formal rules.
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CRIM312 dispute

Week 5 (midterm)

Conciliation-mediation is adviser and messenger of the two disputed parties.

Agencies in the Philippines involved in dispute resolution.

• There are at least 12 agencies involved in dispute resolution in the Philippines:

1. The Katarungang Pambarangay

2. The Cooperative Development Authority
3. The Philippine Construction Industry Arbitration Commission
4. The Department of Agrarian Reform Adjudication Board
5. The Philippine Dispute Resolution Center, Inc.
6. The National Conciliation and Mediation Board
7. The National Labor Relations Commission
8. The Bureau of Labors Relations
9. The Commission on the Settlement of Land Problems
10. The Insurance Commission
11. The Bureau of Trade Regulation and Consumer Protection
12. The Court Annexed Pilot Mediation Project.

The Katarungang Pambarangay

Republic Act 7160- settlement of certain disputes using the traditional Filipino culture and
values.

Goal

1. speedy and inexpensive settlement

2. to preserve the Filipino Culture and tradition concerning amicably settling disputes
3. unclog (unblock) court dockets (tag)- (hindi na isasali pa ang court)