Course Code: CRI 190

Course Title: Dispute Resolution and Crises/Incidents Management

Teachers’ Guide: Module #1

Name:_______________________________________________________ Class number: ______

Section: ____________ Schedule: ________________________________ Date: _____________

Lesson title: Principles and Philosophies of Reconciliation, Materials:

Arbitration, Negotiation and Mediation Activity Sheets
References:
Learning Targets: https://www.law.cornell.edu/wex/
At the end of this module, students will be able to: alternative_dispute_resolution
1. Distinguish the different Principles of Reconciliation http://restorativejustice.org/am-
2. Familiarize the philosophies of reconciliation, arbitration, site/media/training-manual-on-
negotiation and mediation. alternative-dispute-resolution-
and-restorative-justice.pdf
1.

A. LESSON PREVIEW/REVIEW

Introduction

Welcome class to the Dispute Resolution and Crises/Incidents Management. Let’s start this semester
with a smile on our face despite our current situation due to the pandemic crisis (COVID19) and let us
all embrace the new normal set up of the society. Don’t forget to also read out the syllabus and grading
computation of this subject. For today's topic we will have the Principles and Philosophies of
Reconciliation, Arbitration, Negotiation and Mediation. In this lesson we will distinguish the different
principles of reconciliation and we will be recognized also one by one the different philosophies behind
arbitration, negotiation and mediation. Are you ready for our fun activity learning today? So, let’s get
started

B.MAIN LESSON
Content and Skill-Building

Negotiation
Negotiation is a process where two parties in a conflict or disagreement try to reach a resolution
together. During a negotiation, the parties or their representatives (lawyers) discuss the issues to come
to a resolution. Before a negotiation, each party should consult a lawyer. Consulting a lawyer allows
each party to be well aware of their rights and duties for the matter they want to resolve. Principles
“The reason to negotiate is to produce something better than the results that you can obtain without
negotiation” (Fisher et al., 1991). The goal is to reach an agreement that is acceptable to all parties, to
which they remain committed, and which they indeed implement. This is the essence of interest-based
negotiations, which has the following principles: Interests are needs (food, shelter, security, and so on),
desires, aspirations, fears, hopes, and concerns.

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 Course Code: CRI 190
Course Title: Dispute Resolution and Crises/Incidents Management
Teachers’ Guide: Module #1

Name:_______________________________________________________ Class number: ______

Section: ____________ Schedule: ________________________________ Date: _____________

Positions are what we want and demand. The interests

are the reasons behind the position. In negotiating on
the basis of interests, parties will need to:
● distinguish between positions and interests
● move from positions to interests
● list all the interests according to priority
● think of positions as only one of many solutions
to the problem.

Mediation
Mediation is a process where a neutral person assists
the parties in discussing the matter and reaching a
resolution. A neutral person is a person who does not
support either party in the conflict. This person is called
the mediator, and they help the parties communicate. A
mediator ensures that communication between the
parties is fair and honest. The mediator is not a judge or
an arbitrator and cannot take the side of either party,
give legal advice, or provide counselling. Mediators can
assist by clarifying issues, identifying concerns, and
helping parties understand each other’s interests. The mediator can assist the parties in reaching an
agreement between them but will not force the parties into a solution during mediation. Mediation takes
place in private and the decisions made are private. Mediation can take place in person where parties
meet face-to-face for discussions. Or, the parties may be placed at separate locations where the
mediator communicates information between parties. After mediation, the parties can sign
a Memorandum of Agreement (MOA). A MOA is a cooperative agreement written between the parties
to obey the agreed terms and conditions. The mediator writes the MOA which outlines details of the
solutions reached by the parties. The purpose of the MOA is to have a written understanding of the
agreement between the parties. Each party should have their lawyer review the MOA.
An important subject for mediators is how to distill from the various codes of mediation ethics
the essential principles that these codes have in common. Such codes -- each with somewhat differing
provisions -- have been developed by the Society of Professionals in Dispute Resolution The ten
principles outlined below are a compilation of what I believe are commonly accepted principles of
mediation
1. Conflict of interest
2. Competence/professional role boundaries.
3. Impartiality
4. Voluntariness
5. Confidentiality
6. Do no harm
7. Self-determination
8. Informed consent
9. Duties to third parties.

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 Course Code: CRI 190
Course Title: Dispute Resolution and Crises/Incidents Management
Teachers’ Guide: Module #1

Name:_______________________________________________________ Class number: ______

Section: ____________ Schedule: ________________________________ Date: _____________

10. Honesty

Arbitration
Arbitration is a process where a neutral third party makes a decision. The decision-makers in arbitration
are called arbitrators. There can be one arbitrator or multiple. The arbitrator will arrange a meeting
between the parties to determine what issues need to be resolved during the arbitration. Each arbitrator
hears the parties present their case and their supporting evidence. The arbitrators may also request
each party to provide their case and supporting evidence in writing (called, written submissions). After
hearing both parties’ sides of the story, the arbitrator will make a decision (in the same way as a Judge
would in court). Arbitral decisions are sometimes called Awards. Arbitral awards are generally final and
compulsory. An award may be filed in court and enforced as if it were a court judgment. It can often
take a long time to receive an arbitration award.
Arbitration is commonly in commercial disputes, consumer and employment matters, family disputes, or
insurance claim disputes. Arbitration has many advantages over court hearings and litigation. For
example, arbitration can be faster, more flexible, and less argumentative, intimidating, and expensive.
General principles of arbitration are as follows:
● The object of arbitration is to obtain a fair resolution of disputes by an impartial third party
without unnecessary expense or delay.
● Parties should be free to agree how their disputes are resolved, subject only to such safeguards
as are necessary in the public interest.
● Courts should not interfere.

Reconciliation
It is a method of facilitating frank engagements between minority communities, police and other
authorities that allow them to address historical tensions, grievances, and misconceptions, and reset
relationships. Respect, collaboration, and effective working relationships between police and the
communities they serve are central to both community safety and effective policing. However, in many
communities where serious crime is concentrated, mutual mistrust and misunderstanding prevent
police and communities from working together.
Principles of Reconciliation
1. The United Nations Declaration on the Rights of Indigenous Peoples is the framework for
reconciliation at all levels and across all sectors of Canadian society.
2. First Nations, Inuit, and Métis peoples, as the original peoples of this country and as self-
determining peoples, have Treaty, constitutional, and human rights that must be recognized and
respected.
3. Reconciliation is a process of healing of relationships that requires public truth sharing,
apology, and commemoration that acknowledge and redress past harms.
4. Reconciliation requires constructive action on addressing the ongoing legacies of colonialism
that have had destructive impacts on Aboriginal peoples’ education, cultures and languages, health,
child welfare, the administration of justice, and economic opportunities and prosperity.
5. Reconciliation must create a more equitable and inclusive society by closing the gaps in
social, health, and economic outcomes that exist between Aboriginal and non-Aboriginal Canadians.
6. The perspectives and understandings of Aboriginal Elders and Traditional Knowledge

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 Course Code: CRI 190
Course Title: Dispute Resolution and Crises/Incidents Management
Teachers’ Guide: Module #1

Name:_______________________________________________________ Class number: ______

Section: ____________ Schedule: ________________________________ Date: _____________

Keepers of the ethics, concepts, and practices of reconciliation are vital to long-term reconciliation.
7. Supporting Aboriginal peoples’ cultural revitalization and integrating Indigenous knowledge
systems, oral histories, laws, protocols, and connections to the land into the reconciliation process is
essential.
8. Reconciliation requires political will, joint leadership, trust building, accountability, and
transparency, as well as a substantial investment of resources.

Skill-building Activities

1. Explain the difference between negotiation, mediation, arbitration and reconciliation. Write your
answer on the space provided below.

2. Based on your own understanding in your concept notes explain briefly what is negotiation,
arbitration, mediation and reconciliation. Write your answer on the space provided below.

Terms Brief Explanation

1. Mediation

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 Course Code: CRI 190
Course Title: Dispute Resolution and Crises/Incidents Management
Teachers’ Guide: Module #1

Name:_______________________________________________________ Class number: ______

Section: ____________ Schedule: ________________________________ Date: _____________

2. Reconciliation

3. Arbitration

4. Negotiation

Check for Understanding

TRUE or FALSE. Write the word “TRUE” if the statement is correct and write “FALSE” if the
statement is incorrect. Write your answer before the number.
_________________1. Arbitration is a process where a neutral third party makes a decision.
_________________2. Mediation is a process where a neutral person assists the parties in discussing
the matter and reaching a resolution.
_________________3. Negotiation is a process where two parties in a conflict or disagreement try to
reach a resolution together. During a negotiation, the parties or their representatives (lawyers) discuss
the issues to come to a resolution.
_________________4. Reconciliation requires constructive action on addressing the ongoing legacies
of colonialism that have had destructive impacts on Aboriginal peoples’ education, cultures and
languages, health, child welfare, the administration of justice, and economic opportunities and prosperity.
_________________5. Reconciliation requires political will, joint leadership, trust building, accountability,
and transparency, as well as a substantial investment of resources.

C. LESSON WRAP-UP

Summary
Negotiation is a process in which two parties involved in a conflict or disagreement try to reach an
agreement together.
Mediation is a process in which a neutral third party assists the parties in discussing and reaching a
resolution.

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