Dispute Resolution and Crises Management 2
Dispute Resolution and Crises Management 2
Dispute Resolution and Crises Management 2
Course Description:
This Course deals with the study of the process of dealing and resolving conflicts/disputes
resolution and crises management. It includes the art of intervention through mediation and
reconciliation of disagreements between stakeholder’s agencies. Likewise, the course includes
handling of crises that the criminal justice personnel are commonly encountered.
Moreover, the study significantly provides mechanisms on how to adopt strategies in dealing
with potential and actual crises which are being addressed by concerned agencies and
authorities from law enforcement, correction and communities.
MEDIATION
- In applying construing the provisions of this Chapter, consideration must be given to the need
to promote candor or parties and mediators through confidentiality of the mediation process, the
policy of fostering prompt, economical, and amicable resolution of disputes in accordance with
the principles of integrity of determination by the parties, and the policy that the decision-making
authority in the mediation process rests with the parties.
Confidentiality of Information
Waiver of Confidentiality
- A privilege arising from the confidentiality of information may be waived in a record, or
orally during a proceeding by the mediator and the mediation parties.- A privilege arising from
the confidentiality of information may likewise be waived by a
nonparty participant if the information is provided by such nonparty participant.
- A person who discloses confidential information shall be precluded from asserting the
privilege under Section 9 of this Chapter to bar disclosure of the rest of the information
necessary to a complete understanding of the previously disclosed information. If a
person suffers loss or damages in a judicial proceeding against the person who made the
disclosure.
- A person who discloses or makes a representation about a mediation is preclude from
asserting the privilege under Section 9, to the extent that the communication prejudices
another person in the proceeding and it is necessary for the person prejudiced to respond
to the representation of disclosure.
Participation in Mediation
- Except as otherwise provided in this Act, a party may designate a lawyer or any other
person to provide assistance in the mediation. A lawyer of this right shall be made in
writing by the party waiving it. A waiver of participation or legal representation may be
rescinded at any time
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.
Commercial Arbitration
- Arbitration is "commercial" if it covers matters arising from all relationships of a commercial
nature, whether contractual or not. Relationships of a transactions: any trade transaction for the
supply or exchange of goods or services; distribution agreements; construction of works;
commercial representation or agency; factoring; leasing, consulting; engineering; licensing;
investment; financing; banking; insurance; joint venture and other forms of industrial or business
cooperation; carriage of goods or passengers by air, sea, rail or road.
Appointing Authority.
"Appointing Authority" as used in the Model Law shall mean the person or institution named in
the arbitration agreement as the appointing authority; or the regular arbitration arbitration
institution under whose rules the arbitration is agreed to be conducted. Where the parties have
agreed to submit their dispute to institutional arbitration rules, and unless they have agreed to a
different procedure, they shall be deemed to have agreed to procedure under such arbitration
rules for the selection and appointment of arbitrators. In ad hoc arbitration, the default
appointment of an arbitrator shall be made by the National President of the Integrated Bar of the
Philippines (IBP) or his duly authorized representative.
DOMESTIC ARBITRATION
- Domestic arbitration shall continue to be governed by Republic Act No. 876, otherwise known
as "The Arbitration Law" as amended by this Chapter. The term "domestic arbitration" as used
herein shall mean an arbitration that is not international as defined in Article (3) of the Model
Law.
- Applicability to Domestic Arbitration. - Article 8, 10, 11, 12, 13, 14, 18 and 19 and 29 to 32 of
the Model Law and Section 22 to 31 of the preceding Chapter 4 shall apply to domestic
arbitration.
The Revised Katarungang Pambarangay Law under R.A. 7160, otherwise known as the local
Government Code of 1991, effective on January 1, 1992, and which repealed P.D. 1508,
introduced substantial changes not only in the authority granted to the Lupong Tagapamayapa
but also in the procedure to be observed in the settlement of disputes within the authority of the
Lupon.
In order that the laudable purpose of the law may not be subverted and its effectiveness
undermined by indiscriminate, improper and/or premature issuance of certifications to file
actions in court by the Lupon or Pangkat Secretaries, attested by the Lupon/Pangkat Chairmen,
respectively, the following guidelines are hereby issued for the information of trial court judges
in cases brought before them coming from the Barangays:
I. All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang
Pambarangay Law (formerly P.D. 1508, repealed and now replaced by Secs. 399-422, Chapter
VII, Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160, otherwise known as the Local
Government Code of 1991), and prior recourse thereto is a pre-condition before filing a
complaint in court or any government offices, except in the following disputes:
1. Where one party is the government, or any subdivision or instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute relates to the performance of
his official functions;
3. 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;
4. 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 (Sec. 1, Rule VI, Katarungang Pambarangay Rules);
5. 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;6. 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);
7. Offenses where there is no private offended party;
8. Disputes where urgent legal action is necessary to prevent injustice from being committed or
further continued, specifically the following:
a. Criminal cases where accused is under police custody or detention (see Sec. 412 (b) (1),
Revised Katarungang Pambarangay Law);
b. 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;
c. Actions coupled with provisional remedies such as preliminary injunction, attachment,
delivery of personal property and support during the pendency of the action; and
d. Actions which may be barred by the Statute of Limitations.
9. Any class of disputes which the President may determine in the interest of justice or upon the
recommendation of the Secretary of Justice;
10. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Sec. 46 &
47, R.A. 6657);
11. Labor disputes or controversies arising from employer-employee relations (Montoya vs.
Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which grants original and
exclusive jurisdiction over conciliation and mediation of disputes, grievances or problems to
certain offices of the Department of Labor and Employment);
12. Actions to annul judgment upon a compromise which may be filed directly in court (See
Sanchez vs. Tupaz, 158 SCRA 459).
WHAT ARE THE ROLES OF THE PROBATION AND PAROLE OFFICERS IN THE
IMPLEMENTATION OF RESTORATIVE JUSTICE?
- Probation and Parole Officer assigned to handle investigation and supervision caseloads
acts as restorative justice planner. As such, he/she undertakes the following
responsibilities:1. Identifies and recommends to the Chief Probation and Parole Officer (CPPO)
potential
case for Peacemaking Encounter;
2. Conducts dialogue to explore the possibility of restorative justice process;
3. Coordinates/collaborates with responsible members and leaders of community for their
participation in the conference;
4. Serves as facilitator-strength in the conference;
5. Assists in healing process of stakeholders based on the Supervision Treatment Plan; and
6. Prepares casenotes reflective of restorative justice values and utilizing the following
points:
7. Impact of crime and effect of victimization
8. Victim inputs and involvement opportunities
9. Offender opportunity to take direct responsibility for the harm inflicted on the victim
and/or the community.
- A CPPO engages in the following responsibilities:
1. Approves cases for Peace Encounter Conference and issues office orders; and
2. Implements and monitors plans and agreements achieved during the conference and sets
direction to realize success of the process.
TO KNOW:
a. All units to know whose command they are under:
b. Rescue effort should run from top to bottom;
c. There should be no flights of imagination and daring actions from individual members
1. Several negotiators should be trained – with knowledge of different dialects or each of the
major dialects of the Philippines. The group to train in various locations of the place (city, town
etc.) on probable site of incidents, routes and place of destinations (air terminals to attune them
on various situations).
2. Psychology – analyze various situations and develop strategies using psychological technique
rather than to obtain release of hostages. Point of training is to provide basis for understanding
and anticipating hostage takers’ moves, as well as possible reactions to police tactics. Example:
House – location of the site of incident; negotiator after having agreed with hostage taker to
negotiate face-to-face, may shout, “I am coming to see you there.” He does come with bullet
proof vest slowly delayed (with some stealthily and slowly climbing the house to grab and
apprehend hostage. The lone hostage will surely be trying to witness the approaching negotiator,
to see if armed, etc.
Example: A hostage taker demands to talk and hold conference with media-men for publicity.
Granted request with all participants coming with ID and dressed in uniform of major
newspapers (some participants coming from authorities to apprehend him, right coming out from
the door or at the site of conference room).
3. Physical Training – physical conditioning, weapon disarming method and unarmed self
defense.
4. Firearms - .38 and .45 caliber; sniper scope rifle; shotgun (double barrel); sub-machine gun;
tear gas launcher with bullet proof vest.
5. Electronic Equipment – familiarization with the use of monophony, wireless transmitter,
electric tracking devices, walkie-talkie, etc.
6. Emergency Rescue Ambulance – how to use or operate auxiliary equipment’s; public
address system; fire unit; first aid gear-ambulance may be used as a safe base to start negotiation.
7. Vehicle Operation – escape vehicle and chase vehicle with attention placed on street and
routes from various locations in the site of incidents to destination (airport or other terminals).
8. Liaison – jurisdiction matters cleared; cooperation with other agencies routes must be sought.
Upon arrival at the scene of the incident the negotiator should execute/act immediately the
following.
1. Containment – controlling situation and area by people involved. Other people/by
standers must be obliged to get out from the area as they may add more problems.
2. Establish Contact – immediately after positioning at advantage position, communicate
with the leader.
- He may introduce himself by saying “My name is _____. I am a ______. I am
willing to help.”
- Never tell him your rank; the hostage taker might think you can give all. So that
he may ask for impossible demand.
- Neither should the negotiator give the feeling that he has the authority to decide.
Do not bluff. Deal only with the leader to avoid complication and further demand.
3. Time Lengthening – give more time to the police to organize and coordinate plan of action.
4. Telephone Negotiation Technique – Be the caller, plan and prepare, be ready with graceful
exit, and discipline yourself to listen. Do not tell that you are the commander, neither your rank.
Use delaying tactics to wear down the hostage taker(s), physically and psychologically. Give
time for the police to organize and coordinate plans or course of action.
Where the demand is impossible to get, stall time by explaining that you still need to talk to other
people. Hold on to your concession. But when concession is granted, try to get something in
return. Say, a grant of food, get the release of sick or old people in exchange. When there is no
demand, hostage taker may really have no demand at all.
5. Need of face-to-face – Don’t be over anxious, prepare for proper psychological, physical and
emotional confrontation. Wear body armor, possess a weapon, but if asks to come without
weapon, ensure that they too should lay down arms before entering. In entering, see to it that you
are protected with tactical back up. And consider that hostage taker might have body trap in
some portions of the area – door or window of the building. Coming up on face-to-face situation,
maintain proper distance, observe their movement. Elicit a promise or motivate them to
surrender. In retreating, or in getting out of the room, face hostage takers slowly back out of the
door with good cover or tactical back up.
6. Surrender Approach – start with a position approach; act as if hostage will surrender. Do not
talk too much. Gradually ask him to surrender. Reassurance is the wisest thing to do. Talk details
of surrender process. And explain why now is better than later.
RULES:
1. Delay, impress with the hostage taker(s) that even simple demands are hard to get; that
you need to talk with the commander or other people, etc;
2. Get something in return for every concession granted, like aged, sick and youngster
hostages;
3. Don’t give concession at once; it will be interpreted that you could be gotten easily.
FACE-TO-FACE NEGOTIATION
1. Don’t be over anxious;
2. Wear body armor;
3. Have tactical back-up (snipers);
4. Enter the premises without gun being pointed at you;
5. Face-to-face, mountain distance;
a. Personal distance - 1 to 3 feet
b. Intimate distance – about 6 inches
6. Hostage taker’s demand may be reduced;
7.Stockholm Syndrome may be develop
ON FACE-TO-FACE NEGOTIATIONS:
- Have firearms – if hostage taker demands without firearms, ask him to throw way his
firearms too;
- Have cover (snipers somewhere) to protect you;
- When entering place of hostage taker – be on the lookout for bombs, it may be hidden
behind the door or windows;
- Maintain distance – initially – 1 to 3 feet; intimate – 6 inches;
- Be observant of movements;
- Elicit promise;
- Do not allow gun to be pointed at you;
- Reassure hostage taker of security. Explain why now is better than later to surrender.
Don’t ever react – no rigid guidelines in every case. But flexibility is dependent on the
movement of the hostage takers.
- Be observant of movements;
- Elicit promise;
- Do not allow gun to be pointed at you;
- Reassure hostage taker of security. Explain why now is better than later to surrender.
Don’t ever react – no rigid guidelines in every case. But flexibility is dependent on the
movement of the hostage takers.