Examining Conciliation Procedure in Barangay Canitoan, Cagayan De

Oro City: Their Efficiency in Settling Local Disputes

A Research Paper

Presented to

The Faculty of School of Criminology and Criminal Justice

PHINMA Cagayan de Oro College

Carmen, Cagayan de Oro City

In Partial Fulfilment

Of the Requirements for the Degree

Bachelor of Science in Criminology

By:

ROLANDO B. CABASON

ALFE JOHN P. LANDASAN

ZYPH P. OJEDA

LINETH U. REMITICADO

PHILIP JHON C. TALADUA

AFRIL TOMO
 Chapter 1

Introduction

Background of the Study

In this day conflict or argument in the community is excessive flagrant but one

of the way to solve this kind of event is through the process of conciliation.

Conciliation is a form of alternative dispute resolution (ADR) in which parties employ

a conciliator to try and settle their issues through individual and group meetings.

They achieve this by reducing stress, enhancing communication, clarifying matters,

motivating parties to look into possible solutions, and supporting parties in reaching a

compromise.

Conciliation is an alternative out-of-court dispute resolution instrument.

Conciliation is a voluntary proceeding, where the parties involved are free to agree

and attempt to resolve their dispute by conciliation. The process is flexible, allowing

parties to define the time, structure and content of the conciliation proceedings.

These proceedings are rarely public. They are interest-based, as the conciliator will

when proposing a settlement, not only take into account the parties' legal positions,

but also their; commercial, financial and or personal interests. (Humberg, 2023).

According to Republic Act No. 7160 otherwise known as the Local

Government Code of 1991 Section 384, Barangay is the basic political unit in the

Philippine government which serves as a primary planning and implementing unit of

government policies, plans, programs, projects and activities in the community. It

also serves as a forum for the expression, crystallization and consideration of the

views of the people and the amicable settlement of disputes among its residents.

Being the smallest political unit in the country, it is then in the most strategic position

to facilitate the resolution or mediation of community disputes. The Barangay Justice

System or Katarungang Pambarangay is a system for the amicable settlement of

disputes at the barangay level. It aims to promote speedy administration of justice

and to relieve the courts of conciliable criminal offenses and civil cases. It not only

serves as an administrative arm of the government but also promotes community

engagement, conflict resolution, and efficient justice administration through the

Barangay Justice System.

The conciliation process allows the parties involved to exercise their right to

withdraw from the proceedings at any stage without any negative impact on their

legal standing. Additionally, a key aspect of this process is the commitment to

maintaining confidentiality throughout the proceedings. As a result, the aim is to

resolve the conflict, exchange relevant details, and reach a mutually agreed-upon

resolution (Sam, et al. 2013).

Local conflict resolution techniques have become increasingly important in

recent years in preserving social cohesion and relieving the burden on formal legal

institutions. As a means of resolving disputes, conciliation entails the involvement of

impartial third parties to assist the opposing parties in reaching an understanding for

good. This mediation process is an essential tool for resolving many local problems

in barangays, ranging from interpersonal conflicts to small legal challenges. One of

the main areas of interest of the study is the effectiveness of implementation of

conciliation inside the area of barangay. This study assessed the decision-making

quality towards the effectiveness of conciliation process of Lupong Tagapamayapa.

The main purpose and objective of this study is to determine which domain of

decision-making quality significantly influences the effectiveness of conciliation

process of Lupong Tagapamayapa. (Villamor and Dagohoy, 2021).

Numerous researches have been conducted to examine the efficacy of the

conciliation process employed by the lupong tagapamayapa, which have shown

associations with diverse elements. In contrast, the efficacy of the conciliation

process is contingent upon the decision-making aptitude of the conciliator or the

lupong, as well as its ability to effectively resolve conflicts between two parties.

(Shinde, 2013).

The ability to successfully resolve conflicts is a fundamental component of any

labor market and industrial relations system that functions well. When there exist

labor relations, there will unavoidably be labor conflicts, and there will be a need to

resolve such labor disputes in a way that is efficient, effective, and equitable for the

benefit of all parties involved and the economy as a whole. (Kazakova, 2021). There

are various studies about the effectiveness of the conciliation process of Lupong

Tagapamayapa that link to different factors. On the other hand, the efficiency of the

conciliation process depends on the decision-making skills of the conciliator or the

Lupong, and how it resolves a dispute between two parties. Decision-making

processes play a significant role in conciliation; it creates a broader framework for

sorting, questioning, and solving a dispute. The conciliator needs to have good

analytical skills to deal with complex problems, if possible, he must break them up

into manageable parts to identify and explore alternatives and possible solutions to

resolve the dispute. (Villamor and Dagohoy, 2021).

 According to Sourdin, (2013). Decision-making processes play a crucial part

in the process of conciliation. This helps to develop a more comprehensive

framework for sorting, interrogating, and ultimately resolving a conflict. (Foley &

Cronin, 2015). The conciliator needs to have good analytical abilities to deal with

complex problems. If possible, he must break them up into manageable bits to

discover and explore alternatives and viable solutions to end the disagreement. If

this is not possible, the conciliator must have the ability to cope with complex

difficulties. Lupong Tagapamayapa, under the Barangay Justice System, had been

working and operating in the Philippines for more than a decade. It effectively

resolved disputes and conflicts happening in a barangay. However, Lupong

Tagapamayapa are still facing various problems. They have insufficient training and

seminars about the barangay justice system that lead to improper conciliation

process and unsatisfied constituents. Also, there are numerous instances of case

recurrence in Lupong with the same persons involved in the dispute because of the

inefficient conciliation process. Furthermore, due to the unwillingness of one party to

participate in the conciliation, conciliators find difficulties in reaching progress, thus

leading to unresolved cases. (Villamor and Dagohoy, 2021).

In the Philippines, the Lupong Tagapamayapa, which is part of the Barangay

Justice System, had been operational and running for more than a decade at the

time of this sentence. According to Agustin, (2018). it successfully handled

disagreements and conflicts that were taking place in a barrio. Despite this, lupong

tagapamayapa continue to struggle with a variety of issues. Lupong tagapamayapa

is the barangay justice system composed of 20 members helmed by the barangay

captain. This barangay-based alternative assists in settling disputes without the need

for high expenses demanded by higher courts. Lupong tagapamayapa has operated
in the Philippines for many years and has resolved disputes that occur in the

barangay. Studies have been initiated concerning lupong tagapamayapa. Some

studies pointed out some issues of Lupong Tagapamayapa. From the lack of

training of the personnel and the problems recurring in dispute. In spite of the

challenges, they are up against, the Lupong Tagapamayapa continue to be of

service to the community and the barangay by mediating disagreements and helping

to resolve problems.

In light of the events described above, the authority, legitimacy, and credibility

of the Lupong Tagapamayapa have gradually eroded, making it more difficult for

them to mediate disputes and find solutions to disagreements.

The study examines the conciliation process used by the barangay; it intends

to shed light on the efficiency of the conciliation procedure in Barangay Canitoan by

performing an extensive analysis. Barangay Canitoan is one of the top performing in

Lupong tagapamaya and we want to understand how quickly disagreements are

resolved, whether the procedure is open to all parties and fair, and how closely the

results adhere to the ideals of justice and community cohesiveness are all part of

this.

As a result, the researchers believe that it is vital to carry out this research

study in order for them to learn whether or not such occurrences are taking place in

the surrounding area and whether or not the lupong are actually working and

operating in order to successfully resolve conflicts in the barangay.

The purpose of the study is to analyze the efficiency of the conciliation

procedure in settling local disputes and to determine the efficiency of conciliation

method through the Local Government Code of 1991 Section 384 of RA 7160. The
study also examines the experience of conciliation procedure and to gain insights

through the effectiveness of the local conflict resolution process in Barangay

Canitoan, Cagayan de Oro City.

Research Question

This study seek to examine the conciliation procedure In Barangay Canitoan,

Cagayan de Oго. Specifically seek to answer:

1. How does Lupong Tagapagsundo affects the conciliation procedure in terms

of:

1.1 Structure and Approach

1.2 Evaluation

1.3 Impact

2. What are the experiences Lupong Tagapagsundo in conciliation procedure in

settling local disputes?

2.1 Positive

2.2 Negative

3. What are the Lupong Tagapagsundos’ effectiveness in conciliation procedure

of settling local dispute?

3.1 Strategies

3.2 Fairly and Speedily

 4. What are the insights of handling conciliation procedure in settling local

dispute?

Theoretical Lens

Human Needs Theory, also known as Human Needs Psychology, is a

psychological and sociological framework that focuses on identifying and

understanding the fundamental needs that drive human behavior and well-being.

The theory is often associated with the work of Abraham Maslow and his hierarchy of

needs, which includes physiological needs (such as food and shelter), safety needs,

belongingness and love needs, esteem needs, and self-actualization needs. It also

plays a role in policy development, as it can inform strategies for improving individual

and societal well-being by addressing unmet needs. (Danesh, 2011)

Human Needs Theory can be relevant to conciliation procedures in the

context of conflict arise due to unmet needs and interests of the involved parties.

Human Needs Theory can help conciliators identify these underlying needs, which

may include factors like security, recognition, belongingness, or autonomy. Once

these needs are recognized, conciliation processes can be structured to address

them. Understanding the specific human needs at the heart of the dispute can guide

the development of solutions that aim to satisfy those needs and resolve the conflict

more effectively. By incorporating human needs into the conciliation process, the
resulting agreements are more likely to be sustainable and enduring. When the

underlying needs of all parties are considered and met to some extent, it reduces the

risk of future conflicts or grievances.

Conflict Resolution Theory is a multidisciplinary field that explores the causes

of conflicts, their dynamics, and strategies for peacefully resolving or managing

conflicts. It aims to provide a deeper understanding of conflict and offer practical

approaches to address conflicts in various contexts, including interpersonal,

organizational, societal, and international levels. Effective communication is a central

component of conflict resolution. The theory emphasizes the importance of active

listening, empathy, and clear communication in resolving conflicts. Conciliation, as a

structured process to assist parties in reaching agreements, is a key component of

many conflicts’ resolution approaches. ( Kumar, 2023)

Conflict Resolution Theory and conciliation procedures are closely related, as

the theory provides a foundation for understanding the dynamics of conflicts and

offers guidance on how to effectively manage and resolve them. Conflict Resolution

Theory helps conciliators comprehend the underlying causes and dynamics of the

conflict. This understanding is crucial for identifying the root issues and crafting

appropriate strategies for resolution. Effective communication is a cornerstone of

both Conflict Resolution Theory and conciliation procedures. Conciliators need

strong communication and active listening skills to facilitate productive dialogue and

negotiations.

Argumentation theory (AT) shares a fundamental condition with

communication theory at large. It is a pre-paradigmatic discipline, which has not

consolidated into a single “normal” theory consisting of a structured set of dominant,

widely recognized empirical results and theoretical assumptions. Rather, it is built of

a web of distinct approaches sharing some basic goals, issues, methods, and

terminology, as well as historical background. Argumentation Theory is a

multidisciplinary field that examines the nature of argument, debate, and persuasion.

It explores how people use language and reasoning to make and evaluate

arguments in various contexts. (Mohammed, 2016)

Argumentation Theory and conciliation procedures are related in several

ways, as they both involve communication and negotiation to address and resolve

disputes. Argumentation Theory provides insights into how arguments are structured,

presented, and evaluated. In a conciliation procedure, effective communication and

persuasion play a crucial role in helping parties understand each other's perspectives

and reach mutually agreeable solutions. Argumentation Theory can be a valuable

resource for conciliators seeking to guide parties toward mutually acceptable

agreements.

Scope and Delimitation

This study will focus on the specifics of how efficiently local disputes are

resolved in Barangay Canitoan and examine its conciliation process in settling local

dispute. Interview will take place in Canitoan, Cagayan de Oro and 10 participants of

Lupon Tagapagsundo will be interviewed by the researchers so they can get

information for the study. Data will be gathered in accordance with the participants

responses, and the researchers will further analyze the factors influencing how

successfully Barangay Canitoan in Cagayan de Oro City settles local disputes. The

study related Examining Conciliation Procedure in Barangay Canitoan, CDOC: Their

Efficiency In Settling Local Disputes. This study will be conducted from 2 nd semester

of SY 2023-2024.

Significance of the study

The findings of this study will significantly help the people to perceive and

understand the conciliation procedure in settling local disputes. The result of this

study addressed and hopefully benefit to:

Complainants. Of the barangay who have cases of disputes which are unnecessary

brought and insight of the available shelters and avenues of action should they

decided to go to court to seek protection of their rights or to prevent or redress or

wrongdoing.

Parties. Of the barangay who have disagreement or argument to seek insight and

allow them to trust each other and work better together to achieve their goals.

To the resident of Barangay Canitoan. The community will benefit from this study

by having full understanding the conciliation procedure in settling local disputes.

To Barangay Council. To have knowledge on how significant and effective the

Lupon Tagapamayapa is in settling cases in the community.

Lupon Tagapagsundo. The researcher can provide them with knowledge regarding

the effectiveness of the conciliation process in their community through our study.

Department of Interior and Local Government. To provide more information about

conciliation procedure and important details about the efficiency settling local

dispute.
To Criminology Student. Providing information about the procedures of conciliation

in considering the fact that maintaining harmony and peace is one of the duties of

future law enforcement agencies.

To Future Researchers. To have a basis of the data gathered and to have a

comparison of the case from the time of the study to the future study, future

researcher will have further references regarding to this study.

Definition of Terms

Conciliation. is a process wherein the Pangkat forgoes the power to decide or

recommend but assist the parties to isolate issues and options to reach a settlement

by consensus that jointly satisfies their needs

Effectiveness. a process that achieves its intended goal in resolving local disputes.

Katarungang pambarangay. is a process for resolving problems amicably at the

barangay level. Its goal is to enhance expeditious administration of justice and to

relieve courts of conciliable criminal crimes and civil disputes.

Lupon Tagapamayapa. is a body organized in every barangay composed of

Punong Barangay as the chairperson and not less than ten (10) and more than

twenty from which the members of every Pangkat shall be chosen.

Pangkat tagapagsundo. is a conciliation panel constituted from the Lupon

membership for every dispute brought before the Lupon consisting of three (3)

members after the Punong Barangay has failed in his mediation efforts.
Parties. a two party that try to reach an amicable agreement in their conflict. The

persons who go through in their barangay to complaint a conflict.

Structure and approach- determine the step by step and kinds of approach on

how they handle in resolving agreement or dispute.

Evaluation- it is the method of criteria of Lupong tagapamaya in assessing the

effectiveness in conciliation of the barangay.

Impact- the measurement or mechanism to ensure the impact of conciliation

procedure are fairly and equitable.

Positive- the successful experience of conciliation procedure of the lupon

Tagapagsundo.

Negative- the negative experience in conciliation process that encountered by

the parties in the barangay justice system.

Strategies- it is the plan of action in order to achieve the successful resolution

of the lupon tagapagsundo.

Fairly and speedily- maintaining the fairness and speediness of the parties

involved in conciliation procedure in the barangay.

Organization of the Study

This research study is structured into three distinct segments. Chapter one

encompasses a comprehensive introduction that comprises several key

components. These components include the motivation for doing the study, the

objective of the research, the research question being addressed, the theoretical

framework guiding the study, the significance of the research, the definition of

terminology used in the study, the delimitations and constraints of the research, the

structure of the study, and finally, the review of related literature.

Chapter two of this study is dedicated to discussing the methodology

employed. This chapter examine into several aspects such as the research design,

the roles undertaken by the researchers, the research participants and materials

involved, the methods used for data collecting and analysis, the measures taken to

ensure trustworthiness of the findings, and the ethical considerations that were

considered throughout the research process. The data collection methodology

employed in this chapter will involve conducting interviews and administering

questionnaires.

Chapter three of this research study focuses on the presentation and analysis

of the findings, as well as the subsequent discussion. The purpose of this chapter is

to provide a systematic presentation of the results, which will serve to support the

research questions outlined in Chapter one. This chapter encompasses the analysis

and interpretation of the research findings, implications for practical application, final

remarks, references pertaining to the study, and any supplementary materials

included in the appendices.

Review of Related Literature

Alternative Dispute Resolution (ADR) refers to a set of procedures utilized for

resolving disagreements or conflicts between parties, without resorting to the formal

judicial system. The ADR processes encompass several methodologies, including as

mediation, negotiation, and, whenever feasible, reconciliation. ADR, or Alternative

Dispute Resolution, facilitates the convergence of disputing parties to engage in

negotiation and reach voluntary agreements, so establishing a path for progress.

Currently, the primary emphasis of alternative dispute resolution (ADR) procedures is

directed towards civil matters All ADR methods have common characteristics – i.e.,

enabling the parties to find admissible solutions to their conflicts outside of

traditional legal / court proceedings, but are governed by different rules. For

instance, in negotiation there is no third party who intervenes to help the parties

reach an agreement, unlike in mediation and conciliation, where the purpose of

the third party is to promote an amicable agreement between the parties .

(Sheria, 2017).

The Barangay Justice System, also known as Katarungang Pambarangay, is

the favored Alternative Dispute Resolution (ADR) method among the Filipino

population. Mediation is a commonly favored approach among Filipinos at the

barangay level. The Katarungang Pambarangay is a mechanism utilized for the

purpose of resolving conflicts in a peaceful and cooperative manner within the local

community.

Within the framework of the Philippine tradition, disagreements are resolved

peacefully in front of elders who have accumulated expertise in the management of

situations. They are members of renowned or important families that are

acknowledged and respected by the community, and they administer justice based

on their own personal experiences. R. Sam and S. Sam (2014) Published. At the

time when President Ferdinand E. Marcos issued an order to the Presidential

Commission to establish a legislation for the establishment of a conflict settlement

system in the barrio, this practice was legally included into the Philippine Criminal

Justice System.

The Revised Katarungang Pambarangay Law, which was enacted under

Republic Act 7160 and went into effect on January 1, 1992, was responsible for its

repeal from PD 1508 to RA 7160, significant changes have been made, such as the

authority of the Lupon Members to settle complaints that are punishable by a fine of

not more than Php5000.00 or a prison sentence of not more than one (1) year prior

to the filing of the complaint in court, as well as the procedures in dispute resolution

(par. c of Section 408). It is only when the Barangay Secretary issues a certificate of

filing a complaint in court that the court would acknowledge the aforementioned

instances. This certificate must be issued after the compliance with all other

procedures that have been established by the legislation (Section 419).

According to us.sagepub.com, this technique has a wide range of applications

because it may be utilized to resolve disagreements amongst members of the same

family, neighbors, communities, businesses, and workplaces in addition to any other

kind of conflict. As an alternative to adjudication by a presiding judge of a court or an

official of a government agency, dispute resolution is a technique that may be utilized

to expedite the trial process (Sam and Sam, 2014). Additionally, it is utilized as a tool

to improve the administration of justice and to reduce the amount of paperwork that

is piled up on court dockets.

At the time when President Ferdinand E. Marcos issued an order to the

Presidential Commission to draft a legislation for the establishment of a conflict

settlement system in the barrio, this practice was legally included into the Philippine

Criminal Justice System. On June 11, 1978, President Ferdinand E. Marcos signed

the Katarungang Pambarangay Law, which was developed by the Presidential

Commission. This law is also known as the Katarungang Pambarangay Law.

According to this legislation, every barangay is required to establish its own Lupon

Tagapamayapa (LT), which should consist of ten to twenty members, and they are

obligated to serve as mediators throughout the process of peaceful resolution (par. A

of Section 1). Furthermore, this legislation grants the ability to the LT (conciliation

panel) to decide matters that are punished by a maximum of thirty (30) days in prison

and a maximum of two hundred (Php200.00) pesos in fines (section 399 in the

Philippine Penal Code).

Related Literature and Studies in Foreign Settings

According to the Indian law (2022) the conciliation procedure is undoubtedly

the most commonly accepted form of alternative dispute resolution mechanism. It is

essentially a non-judicial power as against arbitration which may be in a judicial or

non-judicial form. Briefly speaking conciliation may be defined as a process of setting

of disputes without recourse to Court of law or litigation. Briefly stated, conciliation

means any third party assisted alternate dispute resolution (ADR) approach. He

discusses the details of the dispute with the parties and on the basis of facts

collected, he himself draws up and proposes a solution, which in his opinion is most

fair and reasonable. It differs from mediation, the mediator only assists the parties to

resolve their dispute without, however, himself drawing up a solution. It is far less

informal than the process of conciliation. Conciliation is generally a voluntary process

and discussions made in the process of conciliation are not binding on the parties

unless the parties themselves agree to treat as binding. It is an (ADR) process of

settling the dispute outside the Court.

The French conciliation procedure introduced in 2005, It has become such a

key procedure in France that it cannot be ignored. For any restructuring involving

France whether partially or wholly, the possibility of a conciliation procedure has to

be seriously considered. The conciliation procedure is mainly used in financial

restructuring where purpose is to reach an amicable agreement between the debt

and its main creditors as well as, if need be, its constractors, suppliers, creditors,

client or shareholders. It can also be used to affect a sale of all part of the debtor’s

business and assets. Although the third parties involved have no legal obligation to

take part in the negotiations, they have a clear incentive to do so given the risk of

insolvency proceedings if the negotiations fail (Amri,2017).

According to Campbell, M.D., and Pizzuti, S.L.. (2018), the Michigan circuit

courts routinely employed mediation and case evaluation as their primary methods

for resolving civil disputes involving monetary issues. While court-connected

mediation in Michigan courts conformed to the conventional idea of mediation, case

evaluation was unique to Michigan and resembled court-connected arbitration more

than anything else. According to Eisenberg, D.T. (2016), by 2016, courts in all fifty
states of the United States, the District of Columbia, Puerto Rico, and in the federal

system at both the district and appellate levels offered alternative dispute resolution

(ADR) options to litigants. These options included arbitration, mediation, judicial

settlement conferences, neutral evaluation, mini-trials, and summary jury trials,

among others.

In light of this reality, the Supreme Court of Indonesia issued Supreme Court

Order No. 1 of 2002 to implement peace institutions at the first level courts. The goal

of this order was to enhance and streamline the ability of the Indonesian judiciary to

settle conflicts. at addition, this order was released as a response to the fact that this

reality had been brought to their attention. The request to proceed was granted.

Judicial Order No. 1 of 2016 Concerning Court Arbitration (PERMA-Arbitration),

issued by the Supreme Court of the United States. Because of this provision,

alternative dispute resolution, sometimes known as mediation, will be an essential

component of the court's procedure for resolving disputes. Because it takes into

account the parties' willingness to negotiate in good faith, mediation gives litigants

broader access to the dispute resolution process. According to Aulia, R.K., (2015), it

is intended that this will maximize the effectiveness of mediation in the process of

addressing issues that have been brought up between the parties.

The capacity of litigants to correctly identify the ADR alternatives that were

offered by the court managing their case was examined in Shestowsky's 2017 study

of litigants' ability to correctly identify the ADR choices that were offered by the court

handling their case as evidenced in the study of Shestowsky, D. (2017). The amount

of parties' awareness – or lack thereof – about court-connected ADR was

investigated. Litigants in state courts in Utah, California, and Oregon that provided

court-connected arbitration and mediation had access to court information about

their court's alternative dispute resolution (ADR) choices through online literature

about the ADR programs along with a list of recognized mediators and arbitrators.

These state courts all provided ADR services. The discussion of alternative dispute

resolution (ADR) between clients and their attorneys was not mandated by any of the

courts. In surveys carried out shortly following the filing of the case, nearly one-fourth

of 221 ADR-eligible litigants correctly identified whether their court offered mediation

(24%) or arbitration (27%). The remaining litigants in the poll either denied knowing

about (about 50%) or incorrectly denied the existence (around 25%) of the court's

alternative dispute resolution (ADR) programs. About fifteen percent of the parties to

the dispute had an accurate understanding of the availability of both ADR programs

in their court. It was not shown that having legal representation was a significant

factor in influencing litigants' understanding about the alternative dispute resolution

choices available in their court. Even when questioned litigants were involved in

courts that compelled ADR unless parties expressly opted out in writing (the courts of

Utah and Oregon), only a minority were familiar about the availability of the ADR at

their court, as indicated in the study of Shestowsky, D. (2017). Shestowsky (2017)

found that only a minority of litigants were aware of the existence of the ADR at their

court.

According to Nugroho, S.A., (2017), resolving litigation can be both time-

consuming and expensive due to the fact that if you are unhappy with a judge's

decision, you have the option to file an appeal, a judicial review (PC), or a reversal.

Because of this reality, there is a backlog of cases at the Supreme Court, which

makes it impossible to hold trials that are fast, simple, and low-cost.

In 2016, Charkoudian conducted an assessment to examine the effects of

settlement conferences and mediation on parties involved. This evaluation aimed to

compare the outcomes of participating in these alternative dispute resolution (ADR)

methods with those of participating in adjudication, as outlined in Charkoudian's

paper. According to the evaluation study, among the 461 civil cases in Maryland

state district courts, it was found that individuals who engaged in court-connected

alternative dispute resolution (ADR) were notably more inclined than parties involved

in adjudication to acknowledge their responsibility for the dispute, acknowledge the

other party's acceptance of responsibility, and confirm that all matters were

adequately addressed and resolved. The frequency of party communication was

higher in the context of Alternative Dispute Resolution (ADR) compared to court

proceedings, unless the parties involved were being represented by legal counsel.

The parties that were represented shown a higher propensity to articulate their

viewpoints within the court setting as opposed to alternative dispute resolution (ADR)

methods. The implementation of Alternative Dispute Resolution (ADR) did not have

any substantial effects on the parties' view of being heard, their evaluation of

fairness, their feelings of control or influence over the process, or their perception of

settlement choices. The settlement percentage seen in alternative dispute resolution

(ADR) instances was found to be 53%. According to Charkoudian (2016), an

analysis of 461 cases revealed that, out of the 166 cases studied after a three to six

month period following the intervention, parties engaged in alternative dispute

resolution (ADR) were more likely to experience durable agreements and

improvements in their relationship and attitudes towards the opposing party

compared to parties engaged in adjudication.

The primary objective of this approach is to facilitate the expeditious and

efficient resolution of conflicts, while also alleviating the burden on local courts by

handling reconcilable criminal and civil matters. According to Mohammed and

Caingat (2017), the municipal courts in the Philippines experience significant

overcrowding. The prevailing impression among certain individuals in the Filipino

population is that the current issue in the civil justice system adheres to the adage of

"justice delayed is justice denied."

In Addition to Mohammed and Caingat (2017), Katarungang Pambarangay is

an administrative entity operating at the barangay level that facilitates the resolution

of conflicts among community members, thereby circumventing the need for legal

proceedings and mitigating the associated costs and time constraints.

Community is considered as something intangible, in which everyone wanted

to belong. The community secures our wellbeing, security and knowledge. However,

it also has a coercive and repressive function which clashes with individual

freedoms, since being part of a community involves compromising and complying

with the rules of that community. Community conflicts arise when the customs and

rules of a particular group or community do not permit individuals to pursue their own

needs and interests (Carrasco, 2016).

The concept of community is often regarded as an ethereal entity that

individuals aspire to be a part of the community plays a vital role in ensuring the

overall welfare, safety, and acquisition of knowledge. Nevertheless, it is important to

acknowledge that community membership entails both a coercive and oppressive

aspect that may conflict with individual liberties. This is due to the fact that being a

member of a community necessitates making compromises and according to the

established regulations of that community. Community disputes occur when the

established conventions and regulations of a specific group or community hinder

individuals from pursuing their personal wants and interests Carrasco, (2016).

Conflicts may also arise between two individuals within the society.

Furthermore, Zaitseva (2015), the Head of the Department of Provision of

Proceedings of the Tenth Arbitration Appeal Court, emphasized the impossibility of

eliminating court proceedings entirely. She noted that the role of the courts extends

beyond mere dispute resolution, as they also engage in the analysis and

generalization of judicial practice. This process enables the identification of specific

applications of legal principles. However, it is crucial to avoid burdening the court

with tasks that should be undertaken by the parties themselves. For instance,

determining the total cost of work in cases where the parties have agreed upon a

flexible price should not be the court's responsibility. Another example is corporate

conflicts involving multiple Chief Executive Officers who file opposing claims. In such

complex scenarios, ensuring an adequate and comprehensive resolution of the

dispute becomes challenging for the court.

Attaining a peaceful resolution in such circumstances is quite challenging

when considering the entirety of the case. However, it remains feasible to achieve

within specific isolated conflicts. Illustrative instances can be found in the Moscow

Region. In relation to a specific legal matter in 2018, a settlement agreement was

authorized pertaining to the construction firm. The agreement stipulated that the

company would fulfill the obligation of finalizing the construction and obtaining the

necessary certification for the residential complex situated in the Lyubertsy District of

the Moscow Region by May 1st, (2019). In a separate instance, the approval of the

settlement agreement by the Arbitration Court of the Moscow Region in February

2019 resulted in the developer assuming responsibility for the repayment of a claim

of third priority within a period of 12 months. Additionally, during the subsequent year,
the developer committed to fulfilling the obligation of the fourth priority claim, which

pertained to the payment of fines, penalties, and forfeits. Notably, these financial

obligations were reduced by 20%.

The resolution of conflicts outside of the courtroom entails the utilization of

alternative approaches that are specifically designed to expedite and streamline the

process of resolving disagreements. The viewpoint expressed by the representative

of developers was corroborated by Folomeev Ye. V., an Associate Professor from the

Department of Investment and Construction Business at RANEPA. This support was

based on the academic research conducted by the department, as evidenced by the

findings presented by Yaskova N Yu in (2019). These findings shed light on the dire

circumstances that have arisen within the medium-sized and small business sector.

As a means of redress and a technique of settling conflicts, mediation

(private, adjudicative, and judicial) is greatly sought after in Canada, according to

Shakuryanov, R. (2019). This interest may be attributed to the fact that mediation is

sought after in Canada. Through the implementation of extensive legislative laws,

France has established procedures for conciliatory and participative processes. It is

possible that the cost savings that the participants participating in conciliation

processes experience in terms of procedures and materials are the reason for the

rise in the utilization of conciliation processes in Russia. Additionally, it has been

noticed that the statute of limitations may be suspended during the assessment of

the study that Fokina, M.A. did in the year 2020.

A proposed federal legislation with the title "On the settlement of disputes

involving a mediator (mediation) in the Russian Federation" was drafted by the

Ministry of Justice of the Russian Federation in the year 2020 inside the Russian
Federation. According to a research which was conducted by Pravovaya (2021), this

statute does not draw a conceptual distinction between mediation in legal situations

and mediation in non-legal concerns, such as disputes that occur in schools.The

idea of "conciliatory procedures" has a rich historical pedigree, demonstrating that

since the development of organized societies, there have continuously been systems

and procedures in place to encourage reconciliation. The findings of the study that

Nylund, A., et al. (2018) carried out provided the basis for this understanding. On the

other hand, the ways that are available for settling differences between persons who

are involved in legal relationships are broad. These methods are meant to give a

variety of possibilities that are different from one another depending on the particular

circumstances, the nature of the problems, and the underlying causes and

conditions.

It is essential to take into consideration the stage at which the conflict first

manifested itself. This involves determining whether or not the conflict has developed

into a legal issue, the settlement of which is or ought to be within the authority of the

appropriate body of state (judicial) power or an official, as stated in the research

conducted by Nikolaychenko, O., (2019).

The goal of the researcher is to learn and to have a better outlook on

examining of conciliation procedure in terms of settling local dispute in Barangay

Canitoan Cagayan De Oro. We choose Barangay Canitoan because this is one of

the approachable Barangay in Cagayan De Oro and by gaining a more profound

insight into the details of local dispute resolution, we aspire to equip ourselves with

the knowledge and insight required to direct these complex processes effectively.
Along with a deeper understanding of the individual instances concerned, these

findings will be helpful not just to us as researchers but also to the community and

law enforcement in speeding the accurate and immediate settlement of certain

dispute.

CHAPTER 3

Methodology

This chapter deal with the research methods that will be used in the study. It

includes discussion on research design and participants of the study including role of

the researchers, research participant/material, data collection, data analysis,

trustworthiness and ethical consideration.

Research Design

This study will use the qualitative research which aims to examine the

conciliation procedure in settling local dispute in Barangay Canitoan Cagayan De

Oro City. The researcher uses – Case study to conduct the conciliation procedure.

The researcher devises a questionnaire to analyze the conciliation procedure in

settling local dispute. The researcher aims to gain knowledge and understanding the

conciliation procedure and the efficiency in settling local dispute in Barangay

Canitoan, Cagayan de Oro City.

According to Creswell (2016), qualitative research is a means for exploring

and understanding the meaning individuals or groups ascribe to social problems.

The process of research involves emerging questions and procedures; collecting

data in the participants' setting; analyzing the data inductively, building from

particulars to general themes and making interpretations of the meaning of data. The

final written report has a flexible writing structure. From that statement above the

qualitative methods used to help the writer in describing the data. The result of the

analysis will form a description of the investigation that has been carried out through

observations of the individual or group. Qualitative methods, especially describing,

are the best way to help the writer to analyze the data.

Moreover, this research project will extend its scope to investigate the

conciliation procedures within the unique context of Barangay Canitoan, situated

within the city of Cagayan de Oro. This exploration aims to deepen our

understanding of the specific processes and practices involved in resolving disputes

and conflicts within in community. This study not only focuses on conciliation

procedures but it also seeks to contribute valuable insights and potentially enhance

the knowledge base surrounding conflict resolution mechanism in this particular

locality.

Research Setting

Research Participants/Materials
 The foundation of this research study involves around the participation of the

Lupon Tagapagsundo within the community of Barangay Canitoan in Cagayan de

Oro City. These individuals given their unique authority and responsibility in

conciliating and settling local agreements, establish the main participants in this

study. Behind selecting the Lupon Tagapagsundo as the participants is rooted in

their essential role within the community. As the individuals entrusted with the task of

resolving disputes and ensuring peaceful coexistence at the local level, they posses

a wealth of knowledge and experience relevant to the study’s objectives. In pursuit of

gathering insightful data, the researcher has chosen to employ an in-depth interview

with the Lupon Tagapagsundo members.

Research Instrument Used

Data Collection

The research process begins with the researchers taking a step by step of

formally requesting permission from the office through letter of approval to obtain

authorization for conducting interviews with the Lupon Tagapagsundo of Barangay

Canitoan in Cagayan de Oro City. Once the necessary approvals have been

secured, the researchers can proceed with their data collection. During the interview

phase, the researchers will embark on a vital discussion with the Lupon

Tagapagsundo.

The researchers ensure the participants have a clear understanding of the

focuses of the research. The researchers also ensure that the participants have a

solid grasp of the study's intent to elicit reliable and accurate responses. Through

this, the primary objective is to provide a complete explanation of the study's purpose

and objectives. The main interview involves the conciliation procedures employed in
settling local disputes within the community. Once all the required questions have

been answered by the participants, the interview data will be accurately collected

and documented, then the data gathered information will undergo a thorough

analysis of data.

Finally, the research process culminates in the presentation and interpretation

of the results. The main objective is to provide a clear and inclusive understanding of

the conciliation procedures and efficiency in settling local disputes within the context

of Barangay Canitoan, Cagayan de Oro City, based on the valuable input and

perspectives shared by the Lupon Tagapagsundo during these interviews.

Data Analysis

The researcher would like to examine the conciliation procedure in their

efficiency of settling local dispute. The data and information that will be collected will

be interpreted appropriately. Information will be categorized into tree main parts

namely, the structure, experiences and insight and will be analyze through

interviews.

Thematic analysis is a qualitative research method used to identify, analyze,

and report patterns (themes) within a dataset, often in the context of textual data like

interviews, surveys, or other forms of written or spoken information. Researchers

systematically examine the data to identify recurring themes or patterns, helping to

gain insights into the underlying meanings and experiences expressed by

participants. Thematic analysis involves coding and categorizing data to reveal

overarching themes, providing a structured way to explore and understand

qualitative data.
Ethical Consideration

Conducting research involves careful consideration of various factors to

prevent possible issues. Ethical principles will be a dominant focus for the

researchers. Participants will be treated with the utmost respect, and their right to

privacy and confidentiality of their information will be upheld. Before participants are

enrolled in the research, they will receive clear explanations of the study's purpose

and any additional treatment methods designed to enhance their overall well-being.

Additionally, special attention will be given to the vulnerability of research

participants. Their private information will be safeguarded, and confidentiality will be

strictly maintained. All participants will receive a fair distribution of risks and benefits

during the study. The research methods and procedures will be transparently and

comprehensively communicated to the participants. Plagiarism will be strictly

avoided in presenting research information. Only the researchers, their advisor, and

relevant experts will be in the know to the study's progress, ensuring that any issues

that arise do not lead to misconduct.

The researchers are the main collectors of the data that will justify the

problem by personally acquiring information and insight through the participants of

the study. The researcher choses the Lupon Tagapamayapa as the participants

since they are the one who are in charge, knowledge and have authority to settle

local agreements.

As explained by Ashley Crossman (2022) qualitative research is a type of

social science research that collects and works with non-numerical data and that
seeks to interpret meaning from these data that help understand social life through

the study of targeted populations or places.

The research includes the primary source of data which contains interview and

observation to gain knowledge and understanding of the process of conciliation. By

the process of collecting data, the researchers ensure the accuracy and authenticity

of the data, through this the study have evidence and establish an idea to prove the

main objective of the study.

The study primarily relies on information provided by participants to

collect crucial data. Throughout the study, trustworthiness is highly emphasized,

particularly regarding its credibility. Researchers will be diligent in avoiding biases

and manipulation in the findings, instead using triangulation to ensure accuracy.

Participant responses will be emphasized in the data analysis steps to enhance the

quality of the results. The researchers will also ensure that the study's findings are

applicable in various contexts, such as different situations and phenomena.

Researchers use a technique that summarizes the contents of each question and

translates it into the vernacular language of the participants to ensure that they are

willing to respond to each one. Furthermore, the research will undergo thorough

review and examination by experienced research practitioners and experts in the

field to ensure consistency. Researchers will take responsibility for any

inconsistencies, dishonesty, or improbabilities that may arise during the study.

Research Question

This study seek to examine the conciliation procedure In Barangay Canitoan,

Cagayan de Oго. Specifically seek to answer:

1. How does Lupong Tagapagsundo affects the conciliation procedure in terms

of:

1.1 Structure and Approach

 1.1.1 What are the step by step process of resolving a dispute in your

barangay?

1.1.2 Do you have another way to resolve the dispute or are you still

following the legal procedure?

1.1.3 What kind of approach did you do in conciliation procedure to

be effective in conflict resolution in your barangay?

1.2 Evaluation

1.2.1 What role does "Lupong Tagapagsundo" play in assessing the

effectiveness of conciliation in resolving disputes?

1.2.2 What specific methods or criteria do "Lupong Tagapagsundo"

members use to evaluate the fairness of conciliation decisions?

1.2.3 How does "Lupong Tagapagsundo" contribute to ensuring that

the conciliation evaluation process respects the parties'

confidentiality and privacy?

1.3 Impact

1.3.1 What role does the "Lupong Tagapagsundo" play in mitigating

the negative consequences of unresolved disputes when

evaluating their impact?

1.3.2 How does Lupong Tagapagsundo assess the impact of

conciliation on the parties' relationships and future interactions?

1.3.3 What measures or mechanisms are in place to ensure that the

impact of conciliation, as evaluated by Lupong Tagapagsundo, is

fair and equitable for all parties involved?

2. What are the experience in conciliation procedure in settling local disputes?

2.1 Positive
 2.1.1 What are the successful procedure they use in setting local dispute?

2.1.2 What communication and negotiation techniques are commonly

employed during conciliation, and how do they influence the outcomes?

2.1.3 Can you provide examples of specific local disputes where

conciliation has been effective, and what factors contributed to that

success?

2.2 Negative

2.2.1 What are the negative experience in conciliation procedure un your

barangay?

2.2.2 What are some common challenges encountered by parties during the

conciliation process for local disputes?

2.2.3 Can you describe instances where conciliation failed to address local

disputes effectively, leading to negative outcomes?

3. What are the effectiveness in conciliation procedure of settling local dispute?

3.1 Strategies

3.1.1 What are the strategies that prove to be effective in the conciliation

procedure for settling local disputes?

3.1.2 What are the plan of action you do to make in order to arrive a

successful conflict resolution?

3.1.3 What are the strategies that prove to be effective in the conciliation

procedure for settling local disputes?

3.1.4 Can you provide examples of successful strategies used in the

conciliation process that have led to the effective settlement of local

disputes?
3.2 Fairly and Speedily

3.2.1 Can you describe the strategies and processes used to maintain fairness

and speed in the resolution of local disputes through conciliation?

3.2.2 Can you provide examples of cases where a fair and speedy resolution

was successfully achieved through the conciliation procedure?

3.2.3 How are decisions made in the conciliation procedure to prioritize

fairness and speediness, and are these decisions communicated clearly

to the parties involved?

4. What are the insights of handling conciliation procedure in settling local

dispute?

4.1. How does the conciliation procedure contribute to maintaining peace

and harmony within the local community in Barangay Canitoan?

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