Dispute Resolution

And
Crisis/Incident
Management

Prepared by : Princes Malou B. Bustillo, RCrim.

LECTURER
 CONFLICT
refers to a natural disagreement or struggle
between people which may be physical, or
between conflicting ideas. It can either be within
one person, or they can involve several people or
groups. It exists when they have incompatible
goals and one or more believe that the behavior of
the other prevents them from their own goal
achievement.
 Conflict Theories
Conflict theory originated in the work of
Karl Marx, who focused on the causes
and consequences of class conflict
between the bourgeoisie (the owners
of the means of production and the
capitalists) and the proletariat (the
working class and the poor)
 Dispute resolution
Is one of the function of sound
and political system. It refers to
a number of processes used
to resolved a dispute between
parties.
FIVE (5) CONFLICT RESOLUTION
STRATEGIES:

Conflict Resolution Strategy #1: Avoiding

Conflict Resolution Strategy #2: Competing

Conflict Resolution Strategy #3: Accommodating

Conflict Resolution Strategy #4: Collaborating

Conflict Resolution Strategy #5: Compromising

 Types of dispute resolution
1. Litigation – refers to the process of resolving
disputes by filing or answering a complaint
through the public court system.

2. Alternative Dispute Resolution – refers to

the procedure for settling disputes without
litigation, such as arbitration, mediation, or
negotiation.
 R.A 9285
• AN ACT TO INSTITUTIONALIZE THE USE OF AN
ALTERNATIVE DISPUTE RESOLUTION SYSTEM IN THE
PHILIPPINES AND TO ESTABLISH THE OFFICE FOR
ALTERNATIVE DISPUTE RESOLUTION, AND FOR
OTHER PURPOSES
• This act shall be known as the "Alternative
Dispute Resolution Act of 2004."
Declaration of Policy. It is the policy of the
State:

(a) To promote party autonomy in the resolution

of disputes or the freedom of the parties to make
their own arrangements to resolve their disputes;
(b) To encourage and actively promote the use of
Alternative Dispute Resolution (“ADR”) as an
important means to achieve speedy and
impartial justice and to declog court dockets
 ADR System
is any process or procedure 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, in which a neutral third party
participates to assist in the resolution of
issues.
 ADR Provider
means institutions or persons
accredited as mediator, conciliator,
arbitrator, neutral evaluator, or any
person exercising similar functions in
any Alternative Dispute Resolution
system.
Office for Alternative Dispute Resolution
(OADR)
Powers of the OADR:
• To act as appointing authority of mediators and arbitrators
when the parties agree in writing that it shall be
empowered to do so;
• To conduct seminars, symposia, conferences and other
public fora and publish proceedings of said activities and
relevant materials/information that would promote,
develop and expand the use of ADR;
• To establish a training programs for ADR
providers/practitioners
MODES OF DISPUTE RESOLUTION
 1. Negotiation
A process where two parties
in a conflict or disagreement
try to reach a resolution
together.
 2. Mediation
is a voluntary process in which a
mediator, selected by the disputing
parties, facilitates communication
and negotiation, and assists the
parties in reaching voluntary
agreement
 Freedom to Select Mediator.

The parties have the freedom to select their

mediator.

The parties may request the OADR to provide

them with a list or roster or the resumés of its
certified mediators. The OADR may be requested
to inform the mediator of his/her selection.
Role of Parties and their Counsels

 Designation of Counsel or any Person to

Assist Mediation. Except as otherwise provided
by the ADR Act or by these Rules, a party may
designate a lawyer or any other person to
provide assistance in the mediation. A waiver
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.
Confidentiality of Information
Information obtained through mediation proceedings shall be subject to
the following principles and guidelines:
(a) Information obtained through mediation shall be privileged and
confidential.
(b) A party, mediator, or non-party participant may refuse to disclose and
may prevent any other person from disclosing a confidential
information
(c) Confidential information shall not be subject to discovery and shall be
inadmissible in any adversarial proceeding, whether judicial or quasi-
judicial.
(d) In such an adversarial proceeding, the persons involved or previously
involved in a mediation may not be compelled to disclose confidential
information obtained during the mediation
 The mediation shall be closed:

(i) by the execution of a settlement

agreement by the parties;
(ii) by the withdrawal of any party from
mediation; and
(iii) by the written declaration of the mediator
that any further effort at mediation would
not be helpful.
 CLASSIFICATIONS OF MEDIATION

1. NON-COURT ANNEXED
a. Ad hoc - Means any mediation other
than institutional or court-annexed
b. Institutional -When administered by
and conducted under rules of a
mediation institution
 2. Court-Annexed
a. Court-Annexed Mediation – Is any mediation
process conducted under the auspices of the
court, after such court has acquired jurisdiction
of the dispute.
b. Court-Referred Mediation – Is mediation
ordered by a court to be conducted in
accordance with the Agreement of the Parties
when an action is prematurely commenced in
violation of such agreement.
 CASES SUBJECT TO CAM :
1. All civil cases, except those which by law may not be
compromised
2. Settlement of estates
3. Quasi-offenses
4. criminal case (penalty does not exceed 6 Years, and
the offended party is a private person
5. theft (NOT Qualified Theft)
6. Estafa (not syndicated or large scale estafa)
7. libel
 3. Conciliation
It is the adjustment and settlement of a dispute in a
friendly, unantagonistic manner.
Like mediation, conciliation is a voluntary, flexible,
confidential, and interest based process. The parties
seek to reach an amicable dispute settlement with the
assistance of the conciliator, who acts as a neutral third
party.
 4. Arbitration
is a voluntary dispute resolution
process in which one or more arbitrators,
appointed in accordance with the
agreement of the parties, or the rules,
resolve a dispute by rendering an award.
REPUBLIC ACT NO. 876
AN ACT TO AUTHORIZE THE MAKING OF
ARBITRATION AND SUBMISSION AGREEMENTS, TO
PROVIDE FOR THE APPOINTMENT OF
ARBITRATORS AND THE PROCEDURE FOR
ARBITRATION IN CIVIL CONTROVERSIES, AND FOR
OTHER PURPOSES

This Act shall be known as "The Arbitration Law."

Qualifications of arbitrators.
Any person appointed to serve as an arbitrator must be:

 of legal age
 in full-enjoyment of his civil rights and know how to read
and write
shall be related by blood or marriage within the sixth
degree to either party to the controversy
he has or has had financial, fiduciary or other interest in the
controversy or cause to be decided or in the result of the
proceeding, or has any personal bias, which might
prejudice the right of any party to a fair and impartial award.
 5. 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 following is the process to be
observed in conducting Judicial Dispute
Resolution before the court:
a. Before trial, the judge may refer the case to the
Mediation Center for conciliation, mediation, or
arbitration;
b. If there is no settlement in the Mediation Center,
the judge will conduct a judicial dispute resolution;
and
c. If the Judicial Dispute Resolution again fails, the
judge will conduct trial to determine the guilt of the
accused and impose the proper penalty in case of
conviction
 6. LITIGATION
Litigation is generally thought of as the
process of resolving rights-based disputes
through the court system, from filing a
lawsuit through arguments on legal
motions, a discovery phase involving
formal exchange of information,
courtroom trial and appeal.
 Other ADR forms
1. Early Neutral Evaluation
is an ADR process wherein parties and their
lawyers are brought together early in a pre-trial
phase to present summaries of their cases and
receive nonbinding assessment by an experienced,
neutral person, with expertise in the subject in the
substance of the dispute.
2. Mini-trial
is a structured dispute resolution
method in which the merits of a case are
argued before a panel comprising senior
decision makers with or without the
presence of neutral third person after
which the parties seek a negotiated
settlement.
KATARUNGANG PAMBARANGAY
LAW
WHAT IS KATARUNGANG
PAMBARANGAY?
• Katarungang Pambarangay is a system of
dispute resolution instituted in all barangays
in the Philippines that seeks to promote,
among others, the speedy administration of
justice, by providing all avenues to an
amicable settlement, thereby considerably
reducing the dockets in our courts of justice
What are its salient Features

1. it makes barangay settlement a Pre-

requisite to the bringing of suit to the
regular courts of justice. This will ensure
that all disputes, with certain exceptions,
must go through the conciliation process.
Hence, only those that are truly
irreconcilable will be kept for formal
resolution.
• Sec. 412, RA 7160 – “No complaint,
petition, action, or proceeding involving any
matter within the authority of the Lupon shall
be filed for adjudication, unless there has
been confrontation between parties before
the Lupon Chairman or the Pangkat and that
no conciliation or settlement has been
reached as certified by the Lupon or
Pangkat Chairman unless the settlement
has been repudiated the parties thereto.”
2. Parties may not be
Represented by counsel or
anyone else. This is designed
to make the proceeding simple
and inexpensive as to be
available to all, and also
facilitates amicable settlement.
PD 1508- KP law of 1978
In 1978, then President Ferdinand E.
Marcos enacted Presidential Decree No.
1508, establishing a system of amicably
settling disputes at the barangay without the
need to resort to judicial resources to
promote the speedy administration of justice.
Though later repealed by Republic Act No.
7160, otherwise known as the "Local
Government Code of 1991"
LUPONG TAGAPAMAYAPA

There is hereby created in each

barangay a lupong tagapamayapa,
hereinafter referred to as the Lupon.
GENERAL RULE
 ALL DISPUTES are subject to Barangay
Conciliation pursuant to the Revised
Katarungang Pambarangay Law and PRIOR
RECOURSE thereto is PRE-CONDITION
before filing a complaint in court or any
government offices
What are the common types of case
brought before the Lupon?
A.Criminal cases:
1. Physical injuries; 7. Damage to property;
2. Slander; 8. Estafa;
3. Threats; 9. Trespassing;
4. Robbery 10.Coercion; and
5. Theft: 11.Unjust vexation.
6. Drug Abuse;
B.Civil Cases :

1.Ejectment
2.Family or marital problems
3.Collections of Debt or Rentals
4.Breach of contract
5.Damages
6.Demand for specific performance of
obligation arising from contracts
VENUE
a. Disputes between persons actually residing in the same
barangay shall be brought for amicable settlement before the
lupon of said barangay.
b. Those involving actual residents of different barangays within
the same city or municipality shall be brought in the barangay
where the respondent or any of the respondents actually
resides, at the selection of the complainant.
c. All disputes involving real property or any interest therein shall
be brought in the barangay where the real property or the larger
portion thereof is situated.
d. Those arising at the workplace where the contending parties are
employed or at the institution where such parties are enrolled for
study, shall be brought in the barangay where such workplace or
institution is located.
The functions of the Lupong
Tagapamayapa are the following:
1. Exercises administrative supervision over the conciliation
panels provided under the law;
2. Meets regularly once a month to provide a forum for
exchange of ideas among its members and the public on
matters relevant to amicable settlement of disputes, and to
enable various conciliation panel members to share with one
another their observations and experiences in effecting
speedy resolution of disputes; and
3. Exercises such other powers and perform such other duties
and functions as may be prescribed by law or ordinance.
(Sec 402 of the Local Government Code)
THE CERTIFICATE TO FILE ACTION
What is a Certificate to File Action?
• This is the document issued by the Lupon Secretary or the Pangkat
Secretary and attested by the Punong Barangay or Pangkat
Chairman.
When is the certificate issued?
• This is issued when:
1. No settlement was agreed upon between the disputing parties;
2. There is such a settlement but later repudiated by the
complainant because his consent to the agreement was obtained
through fraud, violence, intimidation;
3. When the respondent failed to appear or refused to attend a
hearing without a valid reason. The issuance of a Certificate to
File Action is a ministerial duty.
RESTORATIVE
JUSTICE
AND

RETRIBUTIVE
JUSTICE
RESTORATIVE JUSTICE
refers to a principle which requires a process of
resolving conflicts with the maximum involvement
of the victim, the offender and the community. It
seeks to obtain reparation for the victim;
reconciliation of the offender, the offended and the
community; and reassurance to the offender that
he/she can be reintegrated into society. It also
enhances public safety by activating the offender,
the victim and the community in prevention
Strategies.
Restorative Justice is a process through which
remorseful offenders accept responsibility for their
misconduct, particularly to their victims and to the
community

Thus, the restorative justice process is actively

participated in by the victim, the offender, and/or any
individual or community member affected by the crime
to resolve conflicts resulting from the criminal offense,
often with the help of a fair and impartial third party.
Overview of restorative justice processes
Victim-offender mediation
is a meeting between victim and offender facilitated by a
trained third party to discuss the impact of the offence
and to seek a way to resolve the issue. A victim-offender
mediation process starts with separate meetings of
facilitator(s) with victim and offender to assess case
suitability and to ensure that the offender is willing to take
responsibility for the harm. These preliminary meetings
are followed by a joint conversation, in which the parties
can express their feelings, tell their stories, and talk
about how to address the harm.
Conferencing
While conferencing was first mainly used in the
context of juvenile justice, it is now widely used in
cases involving adult offenders. Conferencing is a
process that involves a wider circle of participants
than just the offender and victim, such as family
members, friends, and community
representatives.
Figure 1: Stages of the conferencing process
Pre Conference Stage

• Assess if case is appropriate: is the offender

willing/open to take responsibility for his/her part?
• Determine who is affected and how.
• The restorative work begins during the pre-
conference phase through:
o Education about restorative practice
o Supportive listening
o Helping victims and offenders prepare to tell their
stories well.
Conference Stage
RETRIBUTIVE JUSTICE

requires that the punishment fit the

crime and that like cases be treated
alike. Wrongdoers deserve blame and
punishment in direct proportion to the
harm inflicted.
Retributive justice concept

 response to criminal behaviour 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.
 CRISIS
MANAGEMEN
T
Emergency
An unforeseen combination of
circumstances of the resulting
state that calls for immediate
action
Crisis
An unplanned incident, or accident, either
initially or in a short period of time, expands
to a level that involves death, injuries, loss or
property, the involvement of the public, high
host, and a company of an organization
whose image is severely impacted.
Types of Crisis
 Natural crisis - It is typically natural
disasters considered as acts of God such as
environmental phenomena
EXAMPLE :
earthquakes, volcanic eruptions, tornadoes,
hurricanes, floods, landslides, tsunamis,
storms and droughts that threaten life,
property and the environment itself.
 Man-Made Crisis

- A civil disturbance, revolt, revolution,

border incident, war, kidnapping,
hijacking, hostage-taking, terrorists'
activities, attacks on government
facilities, etc.
CRISIS MANAGEMENT

 it is an expert handling of a
crisis or emergency to reduce or
eliminate danger or damage, or
the like, especially on the part of
the government.
Objectives of Crisis Management

• Resolve without further incident;

• Safety of all participants;
• Apprehension of all perpetrators; and
• Accomplishment of the task within the
framework of current community
standard.
Disaster
 Refers to a serious disruption of the
functioning of a community or society
involving widespread human,
material, economic or environmental
losses and impacts, which exceeds
the ability of the affected community
or society to cope using its own
resources.
Risk
Is the chance or probability that a
person will be harmed or experience
an adverse health effect if exposed to
hazard. It may also apply to situations
with property or equipment loss, or
harmful effects on the environment
Risk Management
Is the continuing process to identify,
analyze, evaluate, and treat loss
exposures and monitor risk control
and financial resources to mitigate
the adverse effect or loss.
Risk Assessment
It is the ability to identify, detect and
anticipate incidents or risk that can
turn into a crisis; should be done
throughout the phases and stages
of the crisis management
framework.
LEGAL REGIMES IN DEALING WITH
CRISIS
Sec. 6, Article XVI, 1987 Constitution
- The State shall establish and maintain one police
force which shall be national in scope and civilian
in character to be administered and controlled by
the NAPOLCOM. The authority of local executives
over the police units in their jurisdiction shall be
provided by law
The Main Stages of Crisis Management

Pre-Crisis Phase
Crisis Response
Post Crisis Phase
Pre-Crisis Phase
The pre-crisis phase is concerned with prevention
and preparation.

• Prevention – involves seeking to reduce known

risks that could lead to a crisis. This is part of an
Organization’s Risk Management Program.
• Preparation – involves creating the Crisis
Management Plan, selecting and training the
crisis management team and conducting
exercises to test the crisis management plan and
crisis management team.
Crisis Response
• The crisis response is what management
does and says after the crisis hits. Public
relations play a crucial role in the crisis
response by helping to develop the messages
that are sent to public.
• A great deal of research has examined the
crisis response. That research has been
divided into two sections:
- The initial crisis response
- Reputation repair and behavioral intentions
Post-Crisis Phase
In the post-crisis phase, the organization
is returning to business as usual. The
crisis is no longer
The focal point of management’s
attention but still requires some attention
4 P’s of Crisis Management Model
PROACTIVE PHASE - designed to predict or prevent the
probability of occurrence of crises at the same time
prepare to handle them when they occur
1. Prediction
2. Prevention
3. Preparation
REACTIVE PHASE – the actual execution or
implementation of any contingency plan when a crisis
situation occurs despite the pro-active measures
4. Performance
PREDICTION
- Foretelling the likelihood of crisis, through:

 Continuous assessment of all possible threats

and threat group
 Analysis of developing or reported events and
incidents.
 Updated inputs from intelligence reports
PREVENTION
1. Institution of passive and active security
measures
2. Remedy or solution of destabilizing factors or
security flaws to such crisis or emergency
3. Vigilance and alertness to signs or
manifestations of developing crisis or
emergency
4. Establishing of alert systems
PREPARATION
Pre-Crisis actions and
measures undertaken to
avert or minimize loss of
lives and properties
OVERVIEW ON HOSTAGE NEGOTIATION

1. Hostage Taking – the unlawful taking of a person

against his will and used as a bargaining chip in order
to meet the demand of a suspect
2. Hostage Negotiation – the art of communication with
a person in crisis, the primordial objective of which is
to save lives.
3. Hostage Negotiator – the spokesperson for the
police/government who is directly engaged in talking
with the suspect.
PERFORM
*Initial Action
Securing the scene
Establishing perimeter security
Evacuating innocent civilians
Preventing escape of perpetrators
*Action It begins as soon as the On-Scene Command Post
(OSCP) is established and the Tactical Intervention,
Service Support Units, Negotiation Team and Public
Affairs personnel arrived and are deployed
*Post Action begins as soon as the perpetrators surrender, or
when they are captured or neutralized and the crisis situation
is deemed clear.
Why negotiate?
Negotiation is the preferred option for the
resolution of high risk situations. The aim is
to achieve a peaceful resolution to a situation
without loss of life, injury to any person, or
damage to any property.
Negotiation Team Structure

* Team Leader/Coordinator
* Primary Negotiator
* Secondary Negotiator
* Intelligence/Recorder
* Boardman
Communicating with the Stronghold
 Face to face through the door
 Loud healer
 Telephone
 Cellular telephone
 Field telephone
 Radio
 Internet
Preparation before the vocalization

1. What the Negotiator needs to know

2. Details of what has happened all about
 The situation
 The stronghold
 The hostages
 The hostage takers
Hostage situation

A set of circumstances wherein a

suspected law violator is holding a
person captive with the use of force and
threat of violence while the law
enforcement officers are in close
contact with the suspect and his captive.
STAGES OF A HOSTAGE SITUATION
Alarm – This stage is the most traumatic and dangerous.
Crisis Stage – There is still a great deal of danger since
hostage takers try to consolidate their positions (HT).
Isolation, claustrophobia and sense of time (hostages)
Accommodation Stage – boredom with moments of
terror, longest and most tranquil.
• Resolution Stage – hostage taker is being stressed out
or fatigued of the situation. Tension between the
hostages, hostage taker and the crisis negotiator is
notably low. Crisis intervention techniques of the
negotiation team have increased.
Priorities in hostage situation

Preservation of life – hostage, hostage taker, public

etc.
Arrest of the hostage – taker, recover and protect
property
Successfully negotiate – to do this, there must be; a
need on the part of the hostage-taker to live and release
the hostage.
CATEGORIES OF HOSTAGE-
TAKER
PERSONS IN CRISIS – people who take hostages during a
period of prolonged frustration, despair and problems.
PSYCHOTICS – mentally-ill people who take hostage during
a period of psychiatric disturbance.
COMMON CRIMINALS – people who take hostages for
personal reason.
PRISONER – people who take hostage because of
dissatisfaction and discontent regarding their living condition
in prison.
POLITICAL TERRORIST – people who take hostages
because of political and ideological beliefs.
HOSTAGE SITUATION
First Responders (FR)
Incident Commander (IC)
Hostage Negotiation Team (HNT)
Assault Team
Crowd Control
Support Personnel
First Responder (FR)
I – C – E - R METHODS

• ISOLATE - Keep onlookers beyond the safety line.

• CONTAIN - Begins within the confines of the inner
perimeter and also allows time for crisis stabilization.
• EVALUATE - Gather as much cursory information as
possible because the original report may or may not be
what the situation is
• REPORT – identify and confirm all circumstances from
the hostage taker to the hostages, then inform all
responding officers.
INCIDENT COMMANDER (IC)

There shall be only one IC holding at least a

senior rank and/or one with experience in
hostage/crisis situation or relative training.
Until such time that he/she officially
designates a spokesperson, he/she may
issue appropriate press statements and
continue to perform the role of the
spokesperson
In handling hostage situations, the IC
shall be guided by the following
courses of actions:

A) NEGOTIATE
1) Situation must be stabilized first before the start
of the negotiation.
2) All attempts to negotiate must be done by remote
means.
3) Adherence to the basic policy on safety of the
hostage shall be paramount.
B) ARREST
1) Effect the arrest of the hostage-taker when situation
warrants.
2) Restrain the hostage-taker and conduct thorough search
on his/her body and the immediate vicinity of the incident
scene.
3) Inform the arrested person of the circumstances of his/
her arrest, and recite the Miranda warning, and anti-
torture warning.
4) All evidence must be secured and properly documented.
5) Use reasonable force in arresting the hostage-taker.
6) Facilitate the transport of the hostage-taker to the
nearest police station.
C) TACTICAL ASSAULT
1) It may be resorted to if the hostage-taker
poses imminent danger of causing death or
injury to the negotiator or hostage.
2) When all peaceful means were utilized and
failed and the hostage-taker is determined
to become more violent.
3) When peaceful resolution of the incident
becomes impossible.
Hostage Negotiation Team
a. Primary investigator – direct contact with the
hostage taker
b. Secondary investigator – assistant of primary
and relay any info to commander
c. The coach – usually a psychologist who observe
and assess the psychological status of hostage
taker.
d. The intelligence coordinator – collects data
pertinent to hostage taker, the situation and any
circumstances crucial to negotiation.
3 UNIQUE SYNDROMES IN HOSTAGE
TAKING
 STOCKHOLM SYNDROME (Stockholm, Sweden)
- the hostages expressed sympathy over the hostage
takers
 LIMA SYNDROME (Lima, Peru)
- the hostage takers expressed kindness and
sympathy over the hostages
 LONDON SYNDROME – the hostages are hostile to
the hostage takers
TERRORISM

•A threat or actual use of force or

violence for political or other
purpose, to foster fear, insecurity,
distrust, and unrest among a specific
group or the general population.
Classification of Terrorist
National Terrorist – A terrorist who operates and
aspires to political power primarily within a single
nation.
Transnational Terrorist – This is a terrorist who
operates across national boarders, whose actions
and political aspirations may affect individual of
more than one nationality.
International Terrorists – A terrorists who is
controlled by, and whose actions represent the
national interest of a sovereign state.
Components of an Organized Terrorist
Group
• Hardcore leadership – in the terrorist
world, leaders are often paranoid and
fanatical and yet have a legitimate front,
behind which they operate consistently.
• Active cadre – are the DOERS, the men
of action who carry out the orders from
higher command.
• Active supporters – provide the logistical
support needed to sustain terrorist
operations. They provide safe houses,
weapons, ammunition, vehicles, medical
support, food, money etc.
• Passive supporters – the most difficult
elements to define and organize. They
consist of those people who are sympathetic
to the cause but those who often will not
stand up and be counted through the fear of
becoming involved
END