Concepts of Dispute

Resolution
 Principles and
Philosophies of:
Reconciliation;
Arbitration; Negotiation;
Mediation, and the
Court Annexed
Mediation
 Judicial Mediation; and
Litigation as modes of
Dispute Resoluti
DISPUTE RESOLUTION AND
CRISES/INCIDENT
MANAGEMENT
WEEK 2
 JUSTICE
The quality being just and fair ,
Concepts of Dispute
Resolution
 Principles and
Philosophies of:
Reconciliation;
Arbitration; Negotiation;
Mediation, and the
Court Annexed
Mediation
 Judicial Mediation; and
Litigation as modes of
Dispute Resoluti
 ORIGIN OF JUSTICE
 The English word “justice” derives from the Latin
“justitia” meaning righteousness or equity. The
Roman goddess of justice portrayed as a blindfolded
woman with a sword in one hand and a pair of scales
of justice
THE ROMAN GODDESS OF JUSTICE
 JUSTICE IMAGE
 The blindfold
 The scales
 Sword
 THE PSYCHOLOGICAL CONCEPTIONS OF JUSTICE

• Generally, there are two objectives to all responses in law

breaking

• A. Behavioral Control; and

• B. Justice Restoration (Retribution
BEHAVIORAL CONTROL can be in a form of
deterrence and incapacitation through incarceration or
confinement.
 JUSTICE RESTORATION
• This is aimed at reestablishing some moral order and
sense of justice. This can be done in a form of meting
out the punishment which is considered as a punitive or
retributive; it can also be in a form of constructive
through restorative justice.
 RESTORATION OF JUSTICE

1. Retributive justice
2. Restorative Justice
 RETRIBUTIVE JUSTICE
• Retributive justice, response to criminal behavior that focuses
on the punishment of lawbreakers and the compensation of
victims. In general, the severity of the punishment is
proportionate to the seriousness of the crime.

• In Retributive justice the punishment must fit the crime

 EXAMPLE OF RETRIBUTION

An example of retribution is when someone

gets the death penalty for committing murder.
Punishment for evil done. Suitable repayment
for one's actions; requital.
 RESTORATIVE JUSTICE

• Restorative Justice is a theory of justice that emphasizes

repairing the harm caused by criminal behavior. ... Crime
causes harm and justice should focus on repairing that harm.
The people most affected by the crime should be able to
participate in its resolution.
 RESTORATIVE JUSTICE
• Restorative justice is an approach to justice where one of the
responses 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

• This may include a payment of money given from the

offender to the victim, apologies and other amends, and
other actions to compensate those affected and to prevent
the offender from causing future harm.
 EXAMPLES OF RESTORATIVE
JUSTICE PROGRAM
Victim assistance
Community service
Victim-offender mediation
Peacemaking circles
Family group conferencing
WHERE IS RESTORATIVE JUSTICE USED?

Restorative justice can be used in all types of cases: from petty

crimes and misdemeanors to sex offenses, domestic violence and
murder. In cases where the likelihood of being retraumatized is
an issue, surrogate (one appointed to act in place of another)
victims can be used
 PRINCIPLES OF RESTORATIVE
JUSTICE

The principles of restorative justice define crime as an injury and

recognize the need for actions to repair that injury, plus a
commitment to involve all those affected in the response to
crime.
 BASIC PRINCIPLES IN RESTORATIVE
JUSTICE

 Holding the wrongdoer directly accountable for

the individual victim and the specific
community affected by the wrong act;
 Requiring the wrongdoer to take direct
responsibility for making "things whole again"
to the degree that this is possible;
 BASIC PRINCIPLES IN RESTORATIVE
JUSTICE

 Providing the victim(s) purposeful access to the

courts and correctional processes, which allows
them to assist in shaping the wrongdoers'
obligations; and
 Encouraging the community to become directly
involved in supporting victims, holding wrongdoers
accountable, and providing opportunities for
wrongdoers to reintegrate into the community.
 PRINCIPLES OF RESTORATIVE
JUSTICE
I. Crime is Fundamentally a Violation of People and
Interpersonal Relationships.

II. Violations Create Obligations and Liabilities.

III. Restorative Justice Seeks to Heal and Put Right

the Wrongs.
.
 PRINCIPLES OF RESTORATIVE JUSTICE
I. Crime is Fundamentally a Violation of People and Interpersonal
Relationships. (Repair)

a. The primary victims are those most directly affected by the offense but others,
such as family members of victims and offenders, witnesses and members of
the affected community, are also victims.
b. Victims and the community have been harmed and are in need of restoration.
c. The relationships affected (and reflected) by the crime must be addressed.
d. Restoration is a continuum of responses to the range of needs and harms
experienced by the victims, offenders and the community.
e. Victims, offenders and the affected communities are the key
stakeholders in justice.
f. A restorative justice process maximizes the input and participation
of these parties - but especially primary victims as well as
offenders - in the search for restoration, healing, responsibility and
prevention.
g. The roles of these parties will vary according to the nature of the
offense as well as the capacities and preferences of the parties.
h. The state has circumscribed roles, such as investigating facts,
facilitating processes and ensuring safety, but the state is not a
primary victim.
 PRINCIPLES OF RESTORATIVE JUSTICE
.
II. Violations Create Obligations and Liabilities. (Encounter)
a. Offender's obligations are to make things right as much as possible.
b. Since the primary obligation is to the victims, a restorative process
empowers victims to effectively participate in defining obligations.
c. Offenders are provided opportunities and encouragement to
understand the harm they have caused to victims and the community
and to develop plans for taking appropriate responsibility.
d. Voluntary participation by offenders is maximized; coercion and
exclusion are minimized. However, offenders may be required to
accept their obligations if they do not do so voluntarily.
 III. RESTORATIVE JUSTICE SEEKS TO HEAL AND PUT RIGHT THE
WRONGS.
a. The safety of victims is an immediate priority.
b. Show respect to all parties, including victims, offenders and justice
colleagues.
c. The justice process provides a framework that promotes the work of
recovery and healing that is ultimately the domain of the individual victim.
d. Victims are empowered by maximizing their input and participation in
determining needs and outcomes.
e. Offenders are involved in repair of the harm insofar as possible.
f. The process of justice maximizes opportunities for mutual consent between
victim and offender.
COURT-ANNEXED MEDIATION (CAM)

CAM is a voluntary process conducted under the

auspices of the court by referring the parties to the
Philippine Mediation Center (PMC) Unit for the
settlement of their dispute, assisted by a Mediator
accredited by the Supreme Court.

.
 CASES SUBJECT TO CAM
1. All civil cases, except those which by law may not be
compromised (Article 2035, New Civil Code);
a. civil status of persons
b. validity of a marriage or a legal separation,
any ground for legal separation,
c. future support,
d.the jurisdiction of courts,
e. future legitime.
 CASES SUBJECT TO CAM

2. Special proceedings for the settlement of estates;

(Property)

Two ways of settling an estate

a. Judicially settlement
b. Extrajudicial settlement
 CASES SUBJECT TO CAM

3. The civil aspect of Quasi-Offenses under Title 14 of the

Revised Penal Code;

a. Negligence - failure to take proper care in

doing something
b. Reckless - showing a lack of care about risks
or danger, and acting without thinking about
the results of your actions
 CASES SUBJECT TO CAM
4. The civil aspect of criminal cases where the imposable
penalty does not exceed six years imprisonment and the
offended party is a private person;

5. The civil aspect of theft (not qualified theft), estafa (not

syndicated or large scale estafa), and libel.
WHAT IS JUDICIAL DISPUTE RESOLUTION (JDR)?

 JDR is a process whereby the judge (called the JDR

Judge) employs conciliation, mediation or early
neutral evaluation in order to settle a case at the pre-
trial stage (the stage of a court proceeding before the
trial). In the event the JDR fails, then another judge
(called the trial judge) shall proceed to hear and
decide the case.
 CASES SUBJECT TO JDR

1. All cases which were not successfully settled in CAM;

2. All appealed cases from the exclusive and original
jurisdiction of the First Level Courts:
a. over civil cases and probate proceedings, testate
and intestate.
 CASES SUBJECT TO JDR

b. over cases of forcible entry and unlawful detainer

FORCIBLE ENTRY, one is deprived of physical
possession of any land or building by means of force,
intimidation, threat, strategy, or stealth.
In UNLAWFUL DETAINER, one unlawfully withholds
possession thereof after the expiration or termination of
his right to hold possession under any contract,
 CASES SUBJECT TO JDR

c. over civil cases involving title to or possession of

real property or an interest therein under Section
33, paragraph (3) of the Judiciary Reorganization
Act of 1980; and1. All cases which were not
successfully settled in CAM;
• Exclusive original jurisdiction in all civil actions which involve
title to, or possession of, real property, or any interest therein
where the assessed value of the property or interest therein does
not exceed Twenty thousand pesos (P20,000.00) or, in civil actions
in Metro Manila, where such assessed value does not exceed Fifty
thousand pesos (P50,000.00) exclusive of interest, damages of
whatever kind, attorney's fees, litigation expenses and costs:
Provided, That value of such property shall be determined by the
assessed value of the adjacent lots. (as amended by R.A. No.
7691)
 CASES SUBJECT TO JDR

d. over a habeas corpus case decided by the judge of the

first level court, in the absence of all the Regional
Trial Court judges in the province or city, that are
brought up on appeal from the special jurisdiction
granted to the first level courts under Section 35 of the
Judiciary Reorganization Act of 1980
 CASES THAT CANNOT BE
REFERRED TO CAM AND JDR

1. The civil status of persons;

2. The validity of a marriage or a legal separation;
Any ground for legal separation; Future support;
The jurisdiction of courts; and Future legitime.
 CASES THAT CANNOT BE
REFERRED TO CAM AND JDR

3. Civil aspect of non-mediatable criminal cases;

4. Petitions for Habeas Corpus;
5. All cases under Republic Act No. 9262 (Violence against
Women and Children); and Cases with pending application
for Restraining Orders/Preliminary Injunctions.
 CASES THAT CANNOT BE
REFERRED TO CAM AND JDR

However, in cases covered in numbers 1, 4 and 5 where the

parties inform the court that they have agreed to undergo
mediation on some aspects thereof, e.g., custody of minor
children, separation of property, or support pendente lite
(Latin term meaning "awaiting the litigation) the court shall
refer them to mediation.
 WHAT IS MEDIATION FEE

 The mediation fee is the amount collected

by the Clerk of Court from the filing of civil
cases and private complainant in criminal
cases.
 TOPIC
 Court Annexed Mediation; Judicial Mediation;
and Litigation as Mode of Dispute Resolution
 ARBITRATION VS MEDIATION
• In an arbitration, the
arbitrator looks into the legal
rights and wrongs of a
dispute and makes a decision
• In a mediation, the mediator,
essentially, helps parties to
settle their disputes by a
process of discussion and
narrowing differences. The
mediator helps the parties to
arrive at an agreed solution.
 BENEFITS OF ARBITRATION AND
MEDIATION
• Both processes are advantageous for individuals involved in
civil disputes, as well as for reducing court dockets and costs.
These forms of alternative dispute resolution have become
successful enough in reducing time consuming trials, that some
state legal systems require disputing parties to undergo
mediation or arbitration before, or instead of litigation.
 LITIGATION
• Litigation is defined as a
process for handling disputes
and bringing lawsuits to court
in order to enforce a particular
right. During litigation, a
judge makes the final
decisions for the parties.
MAIN METHODS OF RESOLVING DISPUTES IN
THE PHILIPPINE JURISDICTION

 Court litigation
 Alternative dispute resolution
 LAWSUIT
• lawsuit is a legal act of suing between
private parties, or a case in a civil
court. An example of a lawsuit is a
person suing a company for damages
done to the person which were not
fixed. ... The lawyer advised his client
against filing a lawsuit as it would
take a lot of time and money to
resolve.
 ADJUDICATION
• adjudication is the process by which a
court judge resolves issues between two
parties.

• Generally, adjudication hearings involve

money or nonviolent infractions that
result in a distribution of rights and
obligations for all parties involved.
 EXAMPLES OF NONVIOLENT
CRIMES?
Property crimes theft;
White collar crimes such as fraud and tax crimes;
Drug and alcohol related crimes; Prostitution;
Gambling and racketeering crimes; and.
Bribery.
 ARBITRATION VS ADJUDICATION

In arbitration, the In adjudication, the

disputing parties agree on
an impartial third party—an
individual or a group—to
hear both sides and resolve
the issue.
decision is the
responsibility of a judge,
magistrate, or other legally-
appointed or elected
official.
 HYBRID PROCESS OF ADR
• It is dispute resolution process combines two or more
traditional dispute resolution processes into one.
 HYBRID DISPUTE PROCESS

A hybrid dispute resolution process combines elements of two

or more traditionally separate processes into one. The most
common hybrid process is mediation-arbitration, or "med-arb",
which uses the same individual or dispute resolution forum first
as a mediator, and then if necessary, as an arbitrator.
 ALTERNATIVE DISPUTE
RESOLUTION (ADR)

• Alternative dispute resolution (ADR) refers to a variety

of processes that help parties resolve disputes without a
trial. Typical ADR processes include mediation,
arbitration, neutral evaluation, and collaborative law.
 DESPUTE

A disagreement or Argue about something

discuss heatedly or debate, controversy, or
difference of opinion.
DIFFERENT FORMS OF HYBRID ADR

 Overlapping Neutral
 Plenary Med-Arb
 Braided Med- Arb-
 Med- Arb With Optional Withdrawal
 FORMS OF HYBRID ADR
• OVERLAPPING NEUTRALS- In this form,
two neutral third parties are appointed. A
mediator as well as an arbitrator is appointed for
resolving the dispute.

• Plenary Med- Arb- In this form, a single

neutral plays the role of an arbitrator and
mediator..
 FORMS OF HYBRID ADR

• Braided Med- Arb- In this form, only one neutral third

party is appointed. The procedure is slightly different. The
parties may interrupt the arbitration proceedings and
continue with mediation, if they are willing to enter into a
voluntary agreement.
 FORMS OF HYBRID ADR

• Med- Arb With Optional Withdrawal- In this

form, the parties have a right to opt- out of the
arbitration process even if there is no outcome
from the mediation proceedings.
 WHAT IS MEDIATION FUND

 Mediation fund is the totality of the mediation fees,

receipted and separated as a special fund, known as
the SC-PHILJA-PMC Mediation Trust Fund, which is
managed by the Philippine Judicial Academy
(PHILJA), subject to accounting and auditing rules
and regulations.
 PURPOSE OF THE MEDIATION FUND
 Establishment of PMC Units;
 Training seminars/ workshops/ internship programs for
Mediators;
 Payment of Mediators’ Fees;
 Compensation of the PMC Unit Staff;
 Payment of operating expenses;
 Advocacy and promotion of court-annexed mediation and other
relevant modes of ADR; and
 Such other expenses as authorized by Section 9, Rule 141 of the
Rules of Court.
 MEDIATION FEE

 In the Regional Trial Courts and the First-Level

Courts, the Clerks of Court shall collect the
amount of FIVE HUNDRED PESOS (P500.00)
 Complaint/Information for offenses with maximum
imposable penalty of prision correctional in its
maximum period or six years imprisonment, except
where the civil liability is reserved or is subject of a
separate action;

 Complaint/Information for estafa, theft, and libel

cases, except where the civil liability is reserved or is
subject of a separate action;
 Complaint/Information for Quasi-Offenses under
Title 14 of the Revised Penal Code;
 Intellectual Property cases;
 Commercial or corporate cases; and
 Environmental cases
 The Clerks of Court of the First Level Courts shall
collect the amount of FIVE HUNDRED PESOS
(P500.00) upon the filing of a Notice of Appeal with
the Regional Trial Court.
 The Clerks of Court of the Regional Trial Court
shall collect the amount of ONE THOUSAND
PESOS (P1,000.00) upon the filing of a Notice
of Appeal with the Court of Appeals or the
Sandiganbayan.
EXEMPTED FROM PAYING MEDIATION FEES:

 The Republic of the Philippines, its agencies

 Pauper litigants as determined by the Court. However,

despite such exemption, the court shall provide that
the unpaid contribution to the Mediation Fund shall be
considered a lien on any monetary award in a
judgment favorable to the pauper litigant.
 Lien right to keep possession of property
belonging to another person until a debt or owed
by that person is discharged.
 EXEMPTED FROM PAYING MEDIATION FEES:

 all court actions, criminal or civil, instituted at

the instance of the provincial, city or municipal
treasurer or assessor The Republic of the
Philippines, its agencies
 Tenant-Farmer, agricultural lessee
EXEMPTED FROM PAYING MEDIATION FEES

 Indigent Clients of the Public Attorney’s Office

 Clients of the National Committee on Legal Aid
(NCLA)
 Legal Aide Offices in the Local Chapters of the
Integrated Bar of the Philippines
 DISPUTE

A disagreement or Argue about something discuss

heatedly or debate, controversy, or difference of
opinion.
 CRISIS
• A crisis (plural: "crises"; adjectival form: "critical") is any event or
period that will lead, or may lead, to an unstable and dangerous situation
affecting an individual, group, or all of society.
• These include: Family disruption or family disturbance - as discussed at
the beginning of the lesson. Natural disasters - flooding, tornadoes,
weather-related incidents, fires, or any incident that is created by a
weather disaster. Suicide - when a person threatens suicide or plans to
commit suicide.
 CRISIS MANAGEMENT
• Crisis management is the process by which an organization deals with a
disruptive and unexpected event that threatens to harm the organization
or its stakeholders.[1] The study of crisis management originated with
large-scale industrial and environmental disasters in the 1980s.[2][3] It is
considered to be the most important process in public relations.[3]
 THREE ELEMENTS ARE COMMON TO A
CRISIS

(a) threat to the organization,

(b) the element of surprise, and
(c) a short decision time.