Dispute Resolution

DISPUTE RESOLUTION
AND CRISIS MANAGEMENT
MIKE A LATAGAN, RCrim, ERT

Subject Instructor
Topics are aligned with PRC and CHED course contents

DISPUTE RESOLUTION AND CRISIS
MANAGEMENT
• 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.
• Moreover, the understanding and application of knowledge on the Incident

Command System as an approach in dealing with Crisis Management were
significantly featured
DISPUTE RESOLUTION
• the resolution of a dispute between two or more parties.

• a way of solving a conflict without having to go to court.
• Also known as dispute settlement
ALTERNATIVE DISPUTE RESOLUTION SYSTEM
• means any process or procedures 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.
• neutral third person participates to assist in the resolution of issues,

Including arbitration, mediation, conciliation, early neutral evaluation,
mini-trial or any combination thereof.
CRISES MANAGEMENT
• procedures necessary for a law enforcement leader to plan, mitigate,
and respond to a crisis and the subsequent consequences.
• consists of skills and techniques required to assess, understand, and
cope with any serious situation, especially from the moment it first
occurs to the point that recovery procedures start.
• occasionally referred as incident management
CONFLICT
is defined as a clash between individuals arising out of a difference

in thought process, attitudes, understanding, interests,
requirements and even sometimes perceptions. It may result in
heated arguments, physical abuses and definitely loss of peace and
harmony.
THEORIES OF CONFLICT
Conflict Theory
• states that society is in a state of perpetual conflict because of competition for

limited resources.
• States that those with wealth and power try to hold on to it by any means
possible, chiefly by suppressing the poor and powerless.
• argued that individuals and groups within society will work to try to
maximize their own wealth and power.
• first developed by Karl Marx
Assumptions of Conflict Theory
1. Competition- exists as a result of the scarcity of resources, including material resources–

money, property, commodities, and more. Beyond material resources, individuals and
groups within a society also compete for intangible resources as well. These can include
leisure time, dominance, social status, sexual partners
2. Revolution- The idea is that change in a power dynamic between groups does not happen
as the result of a gradual adaptation. Rather, it comes about as the symptom of conflict
between these groups. In this way, changes to a power dynamic are often abrupt and large
in scale, rather than gradual and evolutionary.
Assumptions of Conflict Theory
3. Structural Inequality- human relationships and social structures all

experience inequalities of power. In this way, some individuals and groups
inherently develop more power and reward than others.
4. War - a unifier or as a "cleanser" of societies. It is the result of a cumulative

and growing conflict between individuals and groups, and between entire
societies.
TYPES OF CONFLICT
1. Information Conflicts - arise when people have different or insufficient information,

or disagree over what data is relevant.
2. Values Conflicts - are created when people have perceived or actual incompatible
belief systems.
3. Interest Conflicts - are caused by competition over perceived or actual incompatible
needs. Such conflicts may occur over issues of money, resources, or time.
4. Relationship Conflicts - occur when there are misperceptions, strong negative
emotions, or poor communication. One person may distrust the other and believe that
the other person’s actions are motivated by malice or an intent to harm the other.
•
PHASES OF CONFLICT
1. Prelude to conflict - It involves all the factors which possibly arise a conflict among
individuals.
2. Triggering Event- an event which triggers the conflict. Example: a Christian criticizes a
Muslim employee over his project proposal.
3. Initiation Phase - Initiation phase is actually the phase when the conflict has already begun.
Heated arguments, abuses, verbal disagreements are all warning alarms which indicate that the
fight is already on.
4. Differentiation Phase - It is the phase when the individuals voice out their differences
against each other. The reasons for the conflict are raised here.
5. Resolution Phase - as conflict leads to nowhere, individuals try to compromise to some

extent and resolve it. It explores the various options to resolve the conflict
CONFLICT RESOLUTION STRATEGIES
TKI Strategies (by Keneth Thomas

and Ralph Kilman)-
-strategies that people use to handle

conflict, which includes:
THOMAS KILMAN INSTRUMENT
Is designed to measure a person`s
behavior in conflict situations.
Conflict situations are those which

concerns 2 people who appear to be
incompatible.
PERSON`S DIMENSIONS DURING CONFLICT
SITUATIONS
1. Assertiveness- the extent to which
the person attempts to satisfy his
own concerns.
2. Cooperativeness- the extent to

which the person attempts to satisfy
the other person`s concerns.
5 CONFLICT RESOLUTION STRATEGIES
1. AVOIDING- this is unassertive and uncooperative.
The person neither pursues his own concerns nor those of the other
individual. Thus, he does not deal with the conflict.
It take in the form of sidestepping the issue, postponing an issue until a

better time, or simply withdrawing from a threatening situation.
This might be easy for the facilitator, but when conflict is avoided,
nothing is resolved.
2. COMPETING- this is assertive but uncooperative.
This is a power-oriented mode in which you use whatever power seems

appropriate to win your own position- your ability to argue, your rank,
economic status.
Competing means “standing up on something which you believe is right”. It

is used by people who plan to win in a conflict situation.
Competing may work in sports, or in war, but its rarely a good strategy
for group problem solving.
3. ACCOMODATING- this is unassertive and cooperative. The complete opposite of

competing.
The individual neglects his own concerns to satisfy the concerns of other person. There is
an element of self-sacrifice.
It takes in the form of selfless generosity, obeying other person`s order when you prefer
not to, yielding to another`s point of view.
This is less helpful when one party accommodates merely to preserve harmony. Like
avoidance this can result to unresolved issues. Too much accommodation can
result of having one party takes control in most conversations.
4. COLLABORATING- this is assertive and cooperative. The

complete opposite of avoiding.
It involves an attempt to work with others to find solution that fully

satisfies both concerns.
It might take in the form of exploring the root cause of

disagreement to learn from each other`s insights and to find a
creative solution to an interpersonal conflict.
5. COMPROMISING
The concept is that everyone gives up a little of what they want no one
gets everything they want.
Compromise is perceived as being fair even if no one is particularly

happy with the outcome.
MODES OR METHODS OF DISPUTE RESOLUTION
1. Lawsuits (Litigation)(Judicial)- A lawsuit is a proceeding by a party or parties against

another in the civil court of law. The archaic term "suit in law" is found in only a small
number of laws still in effect today.
Note: The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party
who claims to have incurred loss as a result of a defendant's actions) demands a legal or
equitable remedy from a court.
Note: Litigation is the use of the courts and civil justice system to resolve legal controversies.
It can be used to compel opposing party to participate in the solution.
Characteristics of Litigation
• Involuntary - a defendant must participate (no choice)
• Formal and structured rules of evidence and procedure
• Each party has the opportunity to present its evidence and argument and cross-examine the
other side
• Public - court proceedings and records are open
• The decision is based on the law
• The decision can be final and binding
• Right of appeal exists
• Losing party may pay costs
2. Alternative Dispute Resolution System- means any process or procedures

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 neutral third person participates to assist in the
resolution of issues, Including arbitration, mediation, conciliation, early
neutral evaluation, mini-trial or any combination thereof.
3. Collaborative Law- also known as collaborative practice, divorce or family

law is a legal process enabling couples who have decided to separate or end
their marriage to work with their collaborative professionals including
collaboratively trained lawyers, coaches and financial professionals in order to
avoid the uncertain outcome of court and to achieve a settlement that best
meets the specific needs of both parties and their children without the
underlying threat of litigation.
4. Negotiation- the most basic means of settling differences. It is

back-and-forth communication between the parties of the conflict
with the goal of trying to find a solution.
Negotiation Process
• You may negotiate directly with the other person. You may hire an attorney to negotiate
directly with the other side on your behalf. There are no specific procedures to follow.
When and How Negotiation Is Used?

Most people negotiate every day. In some circumstances you may want the help of a lawyer
to help you negotiate a fair deal. Negotiation is the first method of choice for problem-
solving and trying to reach a mutually acceptable agreement.
Characteristics of Negotiation
• Voluntary
• Private and confidential
• Quick and inexpensive
• Informal and unstructured arties control the process, make their own decisions
and reach their own agreements (no third party decision maker)
• Negotiated agreements can be enforceable
• Can result in a win-win solution
• Restorative justice- an approach to justice in which the response to a crime
is to organize a meeting between the victim and the offender, sometimes with
representatives of the wider community.
- The goal is for them to share their experience of what happened, to discuss
who was harmed by the crime and how, and to create a consensus for what the
offender can do to repair the harm from the offense.
Restorative Justice – Core Values
• The Offender
✓ Apology – Either oral or written, recognizing responsibility and not seeing
oneself as a victim and realizing and acknowledging the harm suffered by the
victim
✓ Reintegration – Earning his/her place back in the community, particularly
through the action plan developed
The Victim
✓ Harm – Assessing what harm was done, developing a case plan
to repair the harm and creating an action plan for those responsible
for healing and repairing the harm
✓ Forgiveness – The opportunity is expected for the victim to
accept an apology from the offender and to extend forgiveness
The Community
• Relationship – Healing broken relationships and creating new
relationships
KEY VALUES OF RESTORATIVE PROGRAM
1. Encounter- Create opportunities for victims, offender and community members to meet
and discuss the crime and its aftermath. The elements are: Meeting, narrative, emotion,
understanding and agreement
2. Amends- Expect offenders to take steps to repair the harm they have caused. The
elements are: Apology, changed behavior, restitution and generosity
3. Reintegration- Seeks to restore victims and offenders as a whole, contributing member of

the society. The elements are: Acknowledging dignity and worth, providing material
assistance and offering moral spiritual direction
4. Inclusion- Provide opportunities for both parties to participate in the resolution.

RESTORATIVE JUSTICE VS RETRIBUTIVE JUSTICE
• Restorative is a valued-based approach focused on determining harm
resulting from crime, what needs to be done to repair the harm, and who is
responsible for repairing the harm while Retributive is an approach focused
on determining what law was broken, who broke it, and how they should be
punished.
• Restorative view crime as an act against another person and the community
while Retributive view crime as an act against the State and a violation of
law.
• Restorative justice views crime as an accountability by both individual and

the society and punishment. Retributive justice views crime as an individual
act and individual responsibility.
FORMS OF ADR IN THE PHILIPPINES (RA 9285)
• Means a voluntary dispute resolution process in which one or more arbitrators are
appointed in accordance with an agreement of the parties, or rules promulgated
arbitration pursuant to RA 9285, resolve an issue by rendering an award.
• Note: award refers to the final decision by an arbitrator
• Means a voluntary process in which a mediator, selected by the disputing parties,

facilitates communication and negotiation, and assists the parties in reaching a voluntary
Mediation agreement regarding a dispute. Settlement is made by the parties themselves. Third party
cannot make a proposal.
• Involves the assistance of a neutral third party who plays an advisory role in reaching an
Conciliation agreement. Third party can make proposal.
• Is a step dispute resolution process involving both mediation

and arbitration.
Mediation-
arbitration
• An ADR process wherein parties and their lawyers are

Early brought together early in a pre-trial phase to present
neutral summaries of their cases and receive a nonbinding assessment
by an experienced, neutral person, with expertise in the
evaluation subject in the substance of a dispute.
• means a structured dispute resolution method in which the merits of a case
are argued before a panel comprising of senior decision-makers, with or
Mini-trial without the presence of a neutral third person, before which the parties seek
a negotiated settlement.
• - mediation process conducted under the auspices of the court, after

such court has acquired jurisdiction of the dispute referring the parties
to the Philippine Mediation Center (PMC) Unit for the settlement of
Court – their dispute, assisted by a Mediator accredited by the Supreme Court
Annexed • - The agreement reach is considered legally binding by the court.
• “While the process is mandatory for selected cases, the parties are not
Mediation forced to reach settlement
AGENCIES THAT USE ADR IN THE PHILIPPINES
1. The Katarungang Pambaranggay
• integrated into the Local Government Code (RA 7160)

• Settles case that are punishable by not more than 1 year of
imprisonment and a fine not exceeding 5,000 pesos
• The Lupon, is the body tasked to undertake the process of dispute
resolution
Jurisdiction Over All Disputes, Except:

• a. Where one party is the government, or any subdivision or instrumentality thereof;
• b. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
• c. Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to amicable
settlement by an appropriate Lupon;
• d. Any complaint by or against corporations, partnership or juridical entities, since
only individuals shall be parties to Barangay conciliation proceedings either as
complainants or respondents
e. Disputes involving parties who actually reside in barangays of

different cities or municipalities, except where such barangay units
adjoin each other and the parties thereto agree to submit their
differences to amicable settlement by an appropriate Lupon;
f. Offenses for which the law prescribes a maximum penalty of

imprisonment exceeding one (1) year or a fine over five thousand
pesos (P5,000.00);
g. Offenses where there is no private offended party;

h. Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following:
h.1. Criminal cases where accused is under police custody or detention (see Sec.
412 (b) (1), Revised Katarungang Pambarangay Law);
h.2. Petitions for habeas corpus by a person illegally deprived of his rightful
custody over another or a person illegally deprived or on acting in his behalf;
h.3. Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of the
action; and
h.4. Actions which may be barred by the Statute of Limitations.
• i. Any class of disputes which the President may determine in the

interest of justice or upon the recommendation of the Secretary of
Justice;
• j. Where the dispute arises from the Comprehensive Agrarian Reform
Law (CARL)
• k. Labor disputes or controversies arising from employer-employee
relations
• l. Actions to annul judgment upon a compromise which may be filed
directly in court
2. The Cooperative Development Authority

- was created by virtue of Republic Act 6939, for the purpose of promoting the
viability and growth of cooperatives as instruments of equity, social justice, and
economic development.”
- the law granted it quasi-judicial power to adjudicate disputes concerning
cooperatives and their activities.
- Disputes between natural persons who are members of cooperative, federation or
union that arise from issues like mismanagement, election protests, violations of the
Cooperative Law, misdemeanors of members and fraud are exclusively within
CDA’s jurisdiction.
3. The Philippine Construction Industry Arbitration Commission

- created by Executive Order No. 1008, on February 4, 1985, for the
specific purpose of resolving the rising number of litigation cases
involving contractual claims within the industry.
- is imbued with exclusive jurisdiction over disputes arising out of
contracts involving the construction industry, like delays in payment
or completion of jobs, claims for liquidated damages, requests
payment of progress billings, retention, workmanship issues and
breaches.
4. The Department of Agrarian Reform Adjudication Board
• connected with the Department of Agrarian Reform (DAR)
• Is mandated to provide a forum for the settlement of agrarian disputes, with the Regional Director as the
designated hearing officer.
• has exclusive jurisdiction over disputes arising from agrarian relationships and other land related issues
• The disputes are resolved via mediation and arbitration, before the Barangay Agrarian Reform
Committee (BARC), which is composed of ten members representing the DAR, the Department of
Environment and Natural Resources, the Land Bank and other agricultural organizations.
• When mediation fails, the case is brought before the Provincial Adjudicator for arbitration.
• After hearing the parties, an agreement or arbitral award is entered as an Order by the DARAB.
• An Award issued by the PARAD may be appealed to the DARAB Board, which is composed of the DAR
Secretary, two Undersecretaries and one Assistant Secretary. Further appeal may be brought to the Court
of Appeals.
5. The Philippine Dispute Resolution Center, Inc.

• a private non-stock, non-profit corporation organized in 1996 for the purpose of promoting
and encouraging the use of arbitration, conciliation, mediation and other modes of non-
judicial dispute resolution for the settlement of domestic and international disputes in the
Philippines.
• Its services include commercial arbitration, organizing seminars, trainings and accreditation
in the field of commercial arbitration, referral and information dissemination.
• primarily uses arbitration to resolve disputes arising from contracts, especially in the fields
of commerce and trade, intellectual property rights, securities, insurance domestic relations
and claims, among others.
• delay in the compliance of the award is subject to the jurisdiction of the regular courts
6. The National Conciliation and Mediation Board

- created in 1987 by virtue of Executive Order 126, and is an
agency under the Department of Labor and Employment (DOLE).
- resolves certain labor disputes
- in case of failure, voluntary arbitration is encouraged. If the latter
is not resorted to, the case becomes ripe for adjudication by the
National Labor Relations Commission.
7. The National Labor Relations Commission

- an agency under the Department of Labor and Employment,
which was given quasi-judicial powers by law.
- Its mandate is to settle or adjudicate labor disputes involving unfair

labor practice, termination, etc.
8. Bureau of Labor Relations

• Like the NLRC, this is another agency under the DOLE concerned
with settling labor disputes.
• - However, its mandate is limited to resolving inter-union and
intra-union disputes, disputes arising from conflicts in union
representation, cancellation of union registration, administration of
union funds, petition for election of union officers, and the violation
of rights of union members.
9. The Commission on the Settlement of Land Problems

• under the Department of Justice (DOJ), which was created on
September 21, 1979 by President Marcos through Executive Order
561.
• as a quasi-judicial body, is mandated to settle all types of dispute
involving land, whether urban or rural, involving
occupants/squatters and other similar land problems of grave
importance, like demolition, etc.
10. The Insurance Commission

- an independent quasi-judicial body, tasked with resolving
disputes in the insurance industry.
- has jurisdiction in the settlement of claims and other types of
disputes related to the insurance industry, provided the amount of
the claim does not exceed One Hundred Thousand Pesos
(P100,000.00), exclusive of damages.
11. The Bureau of Trade regulation and Consumer Protection

- a quasi-judicial agency under the Department of Trade and
Industry created to investigate, arbitrate, and resolve complaints
from consumers involving violations of Republic Act. 7394,
otherwise known as the Consumer Act of the Philippines.
- Disputes involving untrue, deceptive or misleading
advertisements; sale of paints and paint materials; fraudulent
advertising, mislabeling and misbranding;
12. The Court-Annexed Pilot Mediation Project

• The cities of Mandaluyong and Valenzuela were named as pilot-test areas for the
project.
• Lawyers and non-lawyers selected by the trial courts in these cities were trained in
pursuance of its goals.
• The cases referred by the courts for this purpose consisted of cases involving inter-
personal relation and neighborhood disputes; collection cases based on credit-debtor
relationship; claims for damages; disputes arising out of landlord-tenant relationship;
and settlement of estate.
• The agreement reached through mediation is reduced into writing and submitted to the
court where the case is pending.
Office For Alternative Dispute Resolution
an agency attached to the Department of Justice.

shall have a Secretariat and shall be headed by an
Executive Director, who shall be appointed by the
President of the Philippines
POWERS OF THE OADR
(a) To act as appointing authority of mediators and arbitrators;
(b) To conduct seminars, symposia, conferences that would promote, develop
and expand the use of ADR;
(c) To establish an ADR library or resource center;
(d) To establish training programs for ADR providers/practitioners;
(e) To certify those who have successfully completed the regular professional
training programs provided by the OADR;
(f) To charge for services rendered such as, among others, for training and
certifications of ADR providers;
(g) To accept donations, grants and other assistance from local and foreign
sources; and
(h) To exercise such other powers as may be necessary and proper to carry into
effect the provisions of the ADR Act.
FUNCTIONS OF THE OADR
(a) To promote, develop and expand the use of ADR in the private and
public sectors
(b) To monitor, study and evaluate the use of ADR for policy
formulation;
(c) To recommend to Congress needful statutory changes to develop,
strengthen and improve ADR practices;
(d) To make studies on and provide linkages
(e) To compile and publish a list or roster of ADR
providers/practitioners,.
(f) To compile a list or roster of foreign or international ADR
providers/practitioners.
DIVISIONS OF THE OADR
(a) Secretariat – shall provide necessary support and discharge such other functions and duties
as may be directed by the Executive Director.
(b) Public information and Promotion Division – shall be charged with the dissemination of
information, the promotion of the importance and public acceptance of mediation,
conciliation, arbitration
(c) Training Division – shall be charged with the formulation of effective standards for the
training of ADR practitioners; conduct of training in accordance with such standards; issuance
of certifications of training
(d) Records and Library Division – shall be charged with the establishment and maintenance
of a central repository of ADR laws, rules and regulations, jurisprudence, books, articles
• Selection of a Mediator- The parties have the freedom to select
mediator. The parties may request the OADR to provide them with
a list or roster or the resumes of its certified mediators. The OADR
may be requested to inform the mediator of his/her selection.
• Replacement of Mediator- If the mediator selected is unable to act

as such for any reason, the parties may, upon being informed of
such fact, select another mediator.
REFUSAL OR WITHDRAWAL OF MEDIATOR
• A mediator may refuse from acting as such, withdraw or may be

compelled to withdraw from mediator proceedings under the
following circumstances:
(a) If any of the parties so requests the mediator to withdraw;

(b) The mediator does not have the qualifications, training and
experience to enable him/her to meet the reasonable expectations of
the parties;
(c) Where the mediator's impartially is in question;
(d) If continuation of the process would violate any ethical standards;
REFUSAL OR WITHDRAWAL OF MEDIATOR
(e) If the safety of any of the parties would be jeopardized;
(f) If the mediator is unable to provide effective services;
(g) In case of conflict of interest; and
(h) In any of the following instances, if the mediator is satisfied that:
(i) one or more of the parties is/are not acting in good faith;
(ii) the parties' agreement would be illegal or involve the commission of a crime;
(iii) continuing the dispute resolution would give rise to an appearance of impropriety;
(iv) continuing with the process would cause significant harm to a non-participating
person or
to the public; or
(v) continuing discussion would not be in the best interest of the parties, their minor
children or
the dispute resolution process.
ETHICAL CONDUCT OF A MEDIATOR
1. Competence- It is not required that a mediator shall have special qualifications by
background or profession
2. Impartially- A mediator shall maintain impartiality.
3. Confidentiality- A mediator shall keep in utmost confidence all confidential information

obtained in the course of the mediation process.
4. Consent and Self-Determination- A mediator shall make reasonable efforts to ensure

that each party understands the nature and character of the mediation proceeding
including private caucuses, the issues, the available options, the alternatives to non-
settlement, and that each party is free and able to make whatever choices he/she desires
regarding participation in mediation generally and regarding specific settlement options.
ETHICAL CONDUCT OF A MEDIATOR
5. Separation of Mediation from Counseling and Legal Advice- a mediator shall refrain
from giving legal or technical advice and otherwise engaging in counseling or advocacy;
and abstain from expressing his/her personal opinion.
6. Charging of Fees- A mediator shall fully disclose and explain to the parties the basis of
cost, fees and charges.
7. Promotion of Respect and Control of Abuse of Process- shall encourage mutual respect
between the parties, and shall take reasonable steps, subject to the principle of self-
determination, to limit abuses of the mediation process.
8. Solicitation or Acceptance of any Gift- No mediator or any member of a mediator’s

immediate family or his/her agent shall request, solicit, receive or accept any gift or any
type of compensation other than the agreed fee
PLACE AND LANGUAGE IN AN ARBITRATION
Place of Mediation- The parties are free to agree on the place of mediation. Failing
such agreement, the place of mediation shall be any place convenient and appropriate
to all parties.
Number of Arbitrators- The parties are free to determine the number of arbitrators
Failing such determination, the number of arbitrators shall be three.
Place of Arbitration- The parties are free to agree on the place of arbitration. Failing
such agreement, the place of arbitration shall be in Metro Manila unless the arbitral
tribunal, having regard to the circumstances of the case, including the convenience of
the parties, shall decide on a different place of arbitration.
GENERAL TECHNIQUES IN HANDLING A DISPUTE
1. Clarify what is the source of conflict

2. Find a safe and private place to talk
3. Listen actively and let everyone have their say
4. Investigate the situation
5. Determine ways to meet the common goal
6. Agree on the best solution and determine the
responsibilities each party has in the resolution
7. Evaluate how things are going and decide preventative
strategies for the future
CRISIS/INCIDENTS MANAGEMENT
Critical Incident- an event out of the range of normal

experience – one which is sudden and unexpected,
involves the perception of a threat to life and can include
elements of physical and emotional loss.
CRISIS
• An overwhelming reaction to a threatening situation in which an
individual’s usual problem solving skills and coping responses are
inadequate for maintaining psychological equilibrium.
• comes from the greek word “krisis” which means to separate
• An unstable or crucial time or state of affairs in which a decisive
change is impending; a situation that has reached critical phase.
GENERAL TYPES OF CRISES
• Manmade crisis – Public rallies, hostage situation, barricade

situation, demolitions, bomb threats, kidnapping operations, fire,
rebellion
• Natural crisis(force majure) – earthquakes, typhoons, tsunami,

storm surge, etc
SPECIFIC TYPES OF CRISES
• Developmental crisis- occurs in response to a transition from one

stage of maturation to another life cycle.
• Situational crisis- occurs in response to a sudden, unexpected event in
an individual’s life around experiences of loss.
• Adventitious crisis- occurs in response to a sever trauma or natural
crisis.
OBJECTIVE OF CRISIS MANAGEMENT
• “Salvari Vitas” – to save lives

• Resolve without further incident.
• Safety of all participants.
• Apprehension of all perpetrators.
• Accomplish the task within the framework of current community
standards.
THE 4P CRISIS MANAGEMENT MODEL (FOUR STAGES)
1. Prediction- this stage involves foretelling of the likelihood of crises occurring either natural
or man-made through the continuous assessment of all possible threats and threat groups as
well as the analysis of developing or reported events and incidents.
2. Prevention- this stage involves the institution of passive and active security measures as well
as the remedy or solution of destabilizing factors and/or security flaws leading to such
crisis/emergencies.
3. Preparation- entails planning, organizing, training and stock piling of equipments and
supplies needed for such crises/emergencies.
4. Performance- which is the actual execution or implementation of any of contingency plan

when a crisis situation occurs despite the pro-active measures.
PHASES OF CRISIS MANAGEMENT
1. The Proactive Phase- designed to predict or prevent the probability of

occurrence of crises at the same time prepares to handle them when they occur.
It encompasses the first 3p’s of the 4p’s Crisis Management Model: prediction,
prevention and preparation.
2. The Re-active Phase - This phase covers the last of the 4 P’s, Performance, of
Crisis Management Model. The objectives in this stage are:
a. To ensure a high probability of success in neutralizing the perpetrator(s),
b. To minimize, or cushion the adverse effects of the crisis incident, and
c. To ensure a smooth and speedy rehabilitation or return to normalcy.
Hostage Incident - Any incident in which people are being held by another person or persons
against their will, usually by force coercion, and demands are being made by the hostage taker
Hostages – a person held as a security for the fulfillment of certain terms
Negotiator – act as referee, helping the negotiators resolve their differences.

✓ Must be well versed about the issues in order to be able to eventually recommend and
effective solution.
✓ The main objective is to reconcile the object of the negotiator with that of the other party.
✓ A trained PNP personnel or any person authorized by the Incident/On-Scene Commander to
negotiate for and in behalf of the police.
Negotiate – to arrange or settle by conferring or discussing
Crisis Negotiation – the use of communication techniques and strategies to
influence a person to change his/her behavior in accordance with goals within
legal, ethical and moral constraints.
Priorities of Hostage Situation

✓ preservation of life
✓ apprehend hostage taker
✓ to successfully negotiate; there must be need to live on the part of the hostage
taker and a threat of force by the authorities
IMMEDIATE ACTIONS OF THE NEGOTIATOR UPON
ARRIVAL AT THE SCENE OF INCIDENT
1. Containment
2. Establish contact
3. Time lengthening
4. Telephone negotiation technique
5. Need for face-to-face conversation
6. Surrender approach
Deadlock – means no deal and no agreement—in other words, failure of the
negotiation.
Stockholm syndrome – the development of unique relations between the
hostages and the hostage takers
Negotiator Objectives and Tactics

The primary objectives of a negotiator are:
• prolong the situation ensure the safety of the hostages keep things calm
• foster the growth of relationships between negotiator and hostage-taker and
between hostage-taker and hostages
• making and not making a deal
Demand Typologies
1. Instrumental Demand- characteristics best described as “objective”,e.g.,

money, transportation, food, liquor, drugs.
2. Expressive Demand- characteristics best described as “subjective”, e.g.,

perpetrator wants to talk to family member, perpetrator want to make a
statement to the media regarding delusional beliefs.
3. Substantive demands- occurs when victims are threatened to obtain

concessions from a third party, the demands may be instrumental or
expressive.
4. Non Substantive Demands- are not made, or,if they are, they are trivial and not
related to the reason(s) the victim(s) are threatened.
FIVE CATEGORIES OF HOSTAGE-TAKERS
1. Persons in Crisis- Are people who take hostages during a period of prolonged
frustration, despair and problem.
2. Psychotics- Are mentally-ill people who take hostage during a period of psychiatric
disturbance.
3. Common Criminals- Are people who take hostages for personal, rather than ideological,
reasons
4. Prisoners- Are people who take hostages because of dissatisfaction and discontent
regarding their living conditions in prison.
5. Political Terrorists- Are ideologically-inspired individuals or groups of people who take

hostages because of political and ideological beliefs.
Mind Barriers in Dealing with Hostages-Takers
1.Law enforcers will have to discover the hostage-takers intentions.

2.The demands and needs of the hostage-taker must be determined.
3.Negotiations means to talk. Stalling and taking may actually help.
4.In most cases time has been found to be an ally because of the following reasons:
a. The more time elapses, the more time the hostage-taker will have to think about his
predicament.
b. With little persuasion, the hostage-taker may feel downright uncomfortable.
c. Time reduces anxiety for as long as overt acts are committed.
d. The hostage-taker can be starved out and sleep will eventually catch up on him.
e. The hostages might even take advantage of such lapses and may attempt to escape on
their own.
REASONS WHY COMMON CRIMINALS TAKE
HOSTAGES
1.Escape
2.Money
3.Transportation
Characteristics of Negotiable Incidents
1.There has to be a need to live on the part of the hostage taker.
2.There has to be a threat of force on the part of the authorities.
3.There must be demands by the hostage takers.
4.The negotiator must be seen by the hostage taker as a person who can
hurt the hostage taker but who is willing to help him.
5.There must be time to negotiate.
6.A reliable channel of communication has to exist between the hostage
taker and the negotiator.
7.Both the location and the communications of the incident need to be
contained to encourage negotiation.
8.The negotiator must be able to deal with the hostage taker making the
negotiation.
CRISIS MANAGEMENT TEAM
The Negotiation Team
1. Negotiator Supervisor – responsible for the overall functioning of the

negotiating team
2. Primary Negotiator – actually communicates with the subject.
3. Secondary Negotiator – (Backup) assists the primary negotiator by offering

advice, monitoring the negotiations, keeping notes, and ensuring that the
Primary Negotiator sees and hears everything in the proper perspective.
CRISIS MANAGEMENT TEAM
The Negotiation Team
4. Intelligence Officer – interviews individuals associated with the suspect to

compile a criminal history and a history of mental illness, as well as to gather
other relevant information. He is also in charge of the recordings of all
conversations.
5. Mental Health Consultant – responsible for evaluating the personality of

the hostage taker.
6. Equipment Officer – understands technical information regarding radios,

computer, phone systems, etc.
Command Post – the position from which a unit commander and his staff
exercise command over the hostage incident
A. Ground Commander
✓ otherwise known as ON- THE- SCENE COMMANDER
✓ a Police Commission Officer at least a senior rank usually
Superintendent
✓ One must experience in hostage and crisis situation or has undergone
proper training on hostage situations.
✓ One that issues press statements either or designates one from the team.
B. Negotiators/Negotiation Team
✓ designated by the Ground Commander
✓ One that speaks and talks with the hostage taker
✓ under control and supervision of the Scene
C. Assault Team
✓ always alert for deployment in case negotiation fails
✓ must wear recognizable uniform during the conduct of
operation
D. Support Personnel
✓ Emergency Response Team
✓ Fire truck with personnel
✓ Bomb specialist
Tactical Team Components

1. First Component – responsible for maintaining perimeter
control
2. Second Component – the apprehension and assault team
3. Third Component – the sniper/observer sub-team
Guidelines
✓ Situation must be stabilized first and contained before the start of the
negotiation
✓ all relevant tools and information that can strengthen the negotiation
shall be brought (Neighborhood Check )
✓ do not introduce outsiders into the negotiation process unless their
presence is extremely necessary in the solution of the crisis
✓ in case the negotiator breaks down and finds himself in a dead lock it is
recommended to employ the service of mediator
✓ police officers without training shall not allow participating in hostage
situations
✓ proper coordination (no conflict) with the assault team, Technical
Support Team and
Negotiation Team
✓ all the deliveries of items and goods to the stronghold must have tactical
Coordination with the Negotiating Team Leader.
Active Listening Techniques

✓ Open-ended questions/statement
✓ Effective pauses
✓ Minimal encouragement
✓ Mirroring (Reflecting Feelings)
✓ Paraphrasing
✓ Emotional labeling (Reflecting meaning)
✓ I-messages
✓ Summative reflections
Rules Of Engagement
The PNP Rules of Engagement 1997 lists the following steps to
be taken during a hostage situation:
1. There shall be an organized Crisis Management Task Group

in every Region/ Province/ Municipality trained and ready for
deployment anytime.
2. There shall be only one ground commander in the area.
3. The incident area shall be cordoned.

Rules Of Engagement
4. Negotiators shall be designated and no one shall be allowed to talk to
the suspects without clearance from the negotiating panel/ground
commander.
5. Any assault must be well-planned and assaulting teams alerted for

deployment in case the negotiation fails.
6. An ambulance with medical crew and a fire truck shall be detailed at

the incident area.
7. Proper coordination with all participating elements shall be done to

unify efforts in solving the crisis.
Rule 22 Of The Police Operating Procedures
Section 9 of the rule outlines the procedures for hostage
negotiations:
1.Stabilize and contain the situation.
2.Select the right time to make contact with the hostage-
taker.
3.Take time when negotiating.
4.Allow the hostage-taker to speak.
5.Don’t offer the hostage-taker anything. What he will
ask for will be part of the negotiations.
6.Avoid directing frequent attention to the victims when talking to the hostage-taker.
7.Do not call them hostages. Be as honest as possible, avoid tricks, and be sincere.
8.Never dismiss any request from the hostage-taker as trivial or unimportant.
9.Never say “No.”
10.Soften the demands.
11.Never set a deadline; try not to accept a deadline.

12.Do not make alternate suggestions not agreed upon in the negotiations.
13.Do not introduce outsiders (non-law enforcement officers)into the negotiation

process unless their presence is extremely necessary in the solution of the crisis, and
provide they shall beproperly advised on the do’s and don’ts of hostage negotiations.
14.Do not allow any exchange of hostages unless extremely necessary; in particular
do not exchange a negotiator for a hostage.
15.Avoid negotiating face to face.
16.Law enforcement officers without proper training shall not be allowed to

participate in hostage negotiations.
PUBLIC ASSEMBLIES HELD IN FREEDOM PARKS OR IN
PRIVATE PROPERTY.
A. Dispersal of Public Assembly With Permit

1. First sign of impending violence Ground Commander shall call the
attention of leaders and ask to prevent any disturbances
2. If factual violence occurred to the point of throwing rocks and object the
Ground Commander shall audibly warn the participants that if the
disturbance persist, assembly will be dispersed.
3. No arrest of any leader, organizer or participants shall be made unless he

violates the law or ordinances
PUBLIC ASSEMBLIES HELD IN FREEDOM PARKS OR IN
PRIVATE PROPERTY.
B. Dispersal of Public Assembly Without Permit

1. If permit is asked and failed to comply, the assembly must be peacefully
dispersed
2. Permit shall be filed 5 days prior to the date of the said activity
3. If application for assembly has been passed to the Mayor and then no
action taken within 5 days it is presumed that such grant is given and
authorities has the burden to prove its denial
PNP Prohibited Acts During Assembly
✓ Obstructing, Impeding, Disrupting or otherwise denying the exercise of
the right of peaceful assembly
✓ Unnecessary firing of firearms to disperse the public assembly
✓ Carrying of deadly weapon
✓ Malicious burning of any object in the streets of thoroughfares
✓ The interfering with or intentionally disturbing the holding of public
assembly by the use of motor vehicle, its horns and loud systems.
✓ Drinking of liquor or alcoholic beverages
✓ Gambling
Guidelines in the Use of Non-Lethal Weapon
a. Shield and Truncheon-.may be utilized only to push back demonstrators
& not as an instrument to strike individuals. Exception; If aggressive,
becomes the principal non lethal weapon in dispersing
b. Water Cannon-may be utilized when demonstrators become aggressive

forcing troops to fall back to their secondary positions
c. Tear gas and Pepper spray-may be utilized to break up

formations/groupings that continues to be aggressive and refuses to disperse
Bomb Threat And Bomb Incident Emergency Response Procedures
Bomb – is a container filled with explosives, incendiary, material, smoke, gas or

other destructive substance, designed to explode
Bomb Threat – is either a written or verbal threat communicated through electronic

oral or other means that threatens the public
Upon Receipt of Information

✓ Treat all threats as serious until proven otherwise
✓ Determine the exact location of the establishment under threat
✓ Assess or analyze the threat whether it is a long term or short term
Evacuation Options
Option 1 - do nothing
Option 2 - search with partial evacuation
Option 3 - search and evacuation
Option 4 - evacuate immediately
* Alert Explosive Ordnance Demolition Team for bomb search

mission & Emergency readiness before going to the crime
scene.
* Proceed Immediately to the scene
* Notify higher headquarters of any development.
Upon Arrival at the Scene
1. Confirm the report and notify EODT of the need to do bomb sweep.
2. Conduct search for suspicious devices with person familiar with place.
3. Evacuation and assembly routes must be searched to ensure that the

Personnel are not unnecessarily exposed with dangers.
4. Designate a “safe assembly area” away from the structure out of line
of sight of the building and well clear of windows minimum distance of
150 meters.
Upon Arrival at the Scene
5. Never assemble personnel in front of or directly below glass areas.
6. Advice employees to take their personal belongings to eliminate suspicious

objects.
7. Select safe areas for evacuees to wait in considerable period.
8. Avoid car parks in the area to avoid car bomb attacks.
9. Escape routes must be clear. Evacuation routes must be searched before evacuation.
10. Include procedure for machinery shutdown

ALL FOR THE GLORY OF GOD!

Dispute Resolution

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Dispute Resolution

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DISPUTE RESOLUTION

AND CRISIS MANAGEMENT

MIKE A LATAGAN, RCrim, ERT

Topics are aligned with PRC and CHED course contents

• the restoration of interpersonal relations among the member of the parties

• Moreover, the understanding and application of knowledge on the Incident

• the resolution of a dispute between two or more parties.

• means any process or procedures used to resolve a dispute or controversy,

• neutral third person participates to assist in the resolution of issues,

is defined as a clash between individuals arising out of a difference

• states that society is in a state of perpetual conflict because of competition for

Assumptions of Conflict Theory

1. Competition- exists as a result of the scarcity of resources, including material resources–

Assumptions of Conflict Theory

3. Structural Inequality- human relationships and social structures all

4. War - a unifier or as a "cleanser" of societies. It is the result of a cumulative

1. Information Conflicts - arise when people have different or insufficient information,

5. Resolution Phase - as conflict leads to nowhere, individuals try to compromise to some

TKI Strategies (by Keneth Thomas

-strategies that people use to handle

Conflict situations are those which

2. Cooperativeness- the extent to

1. AVOIDING- this is unassertive and uncooperative.

It take in the form of sidestepping the issue, postponing an issue until a

2. COMPETING- this is assertive but uncooperative.

This is a power-oriented mode in which you use whatever power seems

Competing means “standing up on something which you believe is right”. It

3. ACCOMODATING- this is unassertive and cooperative. The complete opposite of

4. COLLABORATING- this is assertive and cooperative. The

It involves an attempt to work with others to find solution that fully

It might take in the form of exploring the root cause of

Compromise is perceived as being fair even if no one is particularly

1. Lawsuits (Litigation)(Judicial)- A lawsuit is a proceeding by a party or parties against

2. Alternative Dispute Resolution System- means any process or procedures

3. Collaborative Law- also known as collaborative practice, divorce or family

4. Negotiation- the most basic means of settling differences. It is

When and How Negotiation Is Used?

3. Reintegration- Seeks to restore victims and offenders as a whole, contributing member of

4. Inclusion- Provide opportunities for both parties to participate in the resolution.

• Restorative justice views crime as an accountability by both individual and

• Means a voluntary process in which a mediator, selected by the disputing parties,

• Is a step dispute resolution process involving both mediation

• An ADR process wherein parties and their lawyers are

• - mediation process conducted under the auspices of the court, after

1. The Katarungang Pambaranggay

• integrated into the Local Government Code (RA 7160)

Jurisdiction Over All Disputes, Except:

e. Disputes involving parties who actually reside in barangays of

f. Offenses for which the law prescribes a maximum penalty of

g. Offenses where there is no private offended party;

• i. Any class of disputes which the President may determine in the

2. The Cooperative Development Authority

3. The Philippine Construction Industry Arbitration Commission

5. The Philippine Dispute Resolution Center, Inc.

6. The National Conciliation and Mediation Board

7. The National Labor Relations Commission

- Its mandate is to settle or adjudicate labor disputes involving unfair

8. Bureau of Labor 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

an agency attached to the Department of Justice.

• Replacement of Mediator- If the mediator selected is unable to act

• A mediator may refuse from acting as such, withdraw or may be

(a) If any of the parties so requests the mediator to withdraw;

2. Impartially- A mediator shall maintain impartiality.