DISPUTE RESOLUTION AND CRISES/INCIDENT MANAGEMENT

PREPARED BY: JANE RACEL A. NILO,RCRIM.

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. It also
covers those devoted to trace back the origin of conflicted situations and how it can be measured and prevented in
such a way that promotion of a peaceful resolution is emphasized
- 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, 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.
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, interest, 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, etc
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.
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 - war as either 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. In the context of war, a society may become unified in
some ways, but conflict still remains between multiple societies. On the other hand, war may also result in the
wholesale end of a society
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 system
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 factor~ 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 in the differentiation phase. 5. Resolution Phase - as conflict leads to nowhere,
individuals try to compromise to some extent and resolve the conflict. This phase explores the various options to
resolve the conflict.
Conflict Resolution Strategies
TKI Strategic (by Keneth Thomas and Ralph Kilman)-strategies that people use to handle conflict. Is designed to
measure a person's behavior in conflict situations. Includes the following:
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.
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.is might be easy for
the facilitator, but when conflict is avoided, nothing is resolved.
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
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.
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 obligation
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 - you can determine your own - but it works best if all parties
agree to remain calm and not talk at the same time.
0 When and How Negotiation ls 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 parties 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 they1 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 and the control lies in the community
where the community facilitates the restorative process while Retributive view crime as an act against the State and a
violation of law. The control lies in the criminal justice
-Restorative justice views crime as an accountability by both individual and the society and punishment is not an
effective means of changing behavior because it disrupts community harmony and good relationship. Retributive
justice views crime as an individual act and individual responsibility and the offender should be punished in order to
deter crime and change behavior
FORMS OF ADR IN THE PHILIPPINES (RA 9285)
Republic Act 9285- Alternative Dispute Resolution Act of 2004.
1. Arbitration- means a voluntary dispute resolution process in which one or more arbitrators, appointed in
accordance with the agreement of the parties, resolve a dispute by rendering an award. the third party, based on the
information presented to him/her by the disputants and based on his/her own investigation of the case, makes the final
decision on how to resolve the conflict.
2. Mediation- means a voluntary process in which a mediator, selected by the disputing party voluntary agreement
regarding a dispute. The primary principle of the mediator's role is: The success of negotiation rests upon the
conflicting parties because the results of the negotiation lie in their hands.
3. Conciliation- Like mediation, it 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. Third
party takes an advisory role to the dispute
Note: The main difference between conciliation and mediation proceedings is that, at some point during the
conciliation, the conciliator will be asked by the parties to provide them with a non binding settlement proposal. A
mediator, by contrast, will in most cases and as a matter of principle, refrain from making such a proposal.
4. Early Neutral Evaluation - means an ADR process wherein parties and their lawyers are brought together early in
the pre-trial phase to present summaries of their cases al\d to receive a non-binding assessment by an experienced
neutral person, with expertise in the subject matter or substance of the dispute.
5. Mediation-Arbitration or Med-Arb - is a two-step dispute resolution, process involving mediation and then
followed by arbitration.
6. Mini-trial- 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 without the presence of a neutral third person, before which the parties
seek a negotiated settlement.
7. Court - Annexed Mediation- A mediation process conducted under the auspices of the court, after such court has
acquired jurisdiction of the dispute.
-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 '
-The agreement reach is considered legally binding by the court. "While the process is mandatory for selected cases,
the parties are not forced to reach settlement
Agencies that use ADR in the Philippines
1. The Katarungang Pambarangay
The 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:
1. Criminal cases where accused is under police custody or detention (see Sec. 412 (b) (1), Revised
Katarungang Pambarangay Law;
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;
3. Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property
and support during the pendency of the action; and
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 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 Februar'Y'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
an office connected with the Department of Agrarian Reform (DAR), which was created by virtue of the 1987 Constitution and
Executive Order No. 129-A.
Is mandated to provide a forum for the settlement of agrarian disputes, with the Regional Directors the designated hearing officer
- has exclusive jurisdiction over disputes arising from agrarian relationships and other land related issue s between landlord and
tenants, or among cooperatives and tenants them
- 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. The Chairman of the BARC is initially tasked to mediate the dispute.
-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
- was created in 1987 by virtue of Executive Order 126, and is an agency under the department of Labor and Employment
(DOLE). Its function is to resolve certain labor disputes involving unionized workers, especially involving issues related to the
filing of a note of strike or lockout, deadlock in the Collective Bargaining Agreement, unfair labor practice and interpretation of
company policies involving the personnel. If
- 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, breach of labor standards with
claim for reinstatement, legality of strikes and lockouts, money claims arising from employer-employee relationship exceeding
P5,000.00 and other claims for damages arising from such relationship, and the likes
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 conflict 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 pasture lease holders and timber concessionaires; occupants/squatters and government reservation
guarantees; occupants/squatters and public land claimants petition for classification, release and subdivision of lands of the
public domain; 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 (Pl00,000.00), 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. Other laws,
like Executive Order 913 and Joint Department of Trade and Industry-Department of Health-Department of Agriculture
Administrative Order No. 1, series of 1993 also govern the Bureau in the exercise of its power.
-Disputes involving untrue, deceptive or misleading advertisements; sale of paints and paint materials; fraudulent advertising,
mislabeling and misbranding monopolies and combinations in restraint of trade; importation and disposition of falsely marked
articles; price tags; and product standards are under the exclusive jurisdiction of the Bureau.
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. On November 17,
1999, the Supreme Court issued a Resolution adopting Implementing Guidelines for the project, which provide that judges shall
encourage litigants at the pre-trial stage to submit their dispute to mediation/conciliation; (2) court proceedings shall be
suspended for a maximum of 60 days to enable the parties to mediate; (3) all admissions, statements, or other evidence cited in
mediation proceedings shall be kept confidential; ( 4) any agreement reached in mediation shall be the basis of the court
decision.
-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 reduced into writing and submitted to the court where the case is pending. If the
agreement is not contrary to law, moral and public policy, it is approved by the court and becomes final and executory. If a party
violates the agreement, the other can ask the court for a writ of execution
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 when the parties agree in writing that it ~hall be empowered to do
so;
(b) 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;
c) To establish an ADR library or resource center where ADR laws, rules and regulation, jurisprudence, books, articles and
other information about ADR in the Philippines and elsewhere may be stored and accessed;
(d) To establish training programs for ADR providers/practitioners, both in the public and private sectors;
(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 AD R 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 in
accordance with international professional standards;
(d) To make studies on and provide linkages for the development, implementation, monitoring and evaluation of
government and private ADR programs
(e) To compile and publish a list or roster of ADR providers/practitioners, who have undergone training by the OADR, or
by such training providers/institutions recognized or certified by the OADR as performing functions in any ADR system.
(f) To compile a list or roster of foreign or international ADR providers/practitioners.
Divisions of the OADR
(a) Secretariat -provide necessary support and discharge such other functions and duties as may be directed by the
Executive Director.
(b) Public information and Promotion Division -charged with the dissemination of information, the promotion of
the importance and public acceptance of mediation, conciliation, arbitration or any combination thereof and other ADR
forms as ' means of achieving speedy and efficient means of resolving all disputes and to help in the promotion,
development and expansion of the use of ADR.
(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 to ADR
practitioners and ADR service providers who have undergone the professional training provided by the OADR; and the
coordination of the development, implementation, monitoring and evaluation of government and private sector ADR
programs.
(d) Records and Library Division - shall be charged with the establishment and maintenance of a central repository
of ADRA law, rules and regulations, jurisprudence, books, articles, and other information about ADR in the Philippines
and elsewhere.
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;
(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 reasons 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.
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 o} the rights and duties of the parties and the merits of any proposal made.
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 and
expenses in connection with any matter coming before the mediator.
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.
Exception to the Application of the ADR Act
• labor disputes covered by Presidential Decree No. 442, otherwise known as the "Labor Code of the Philippines, as
amended", and its Implementing Rules and Regulations;
• the civil status of persons;
• the validity of marriage;
• any ground for legal separation;
• the jurisdiction of courts;
• future legitime;
• criminal liability
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 or 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 Crisis
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 Crisis
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
1. "Salvari Vitas" - to save lives
2. Resolve without further incident.
3. Safety of all participants.
4. Apprehension of all perpetrators.
5. Accomplish the task within the framework of current community standards.
The 4P Crisis Management Model (Four stages)
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.
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 tosuch crisis/ emergencies.
Preparation- entails planning, organizing, training and stock piling of equipments andsupplies needed for such
crises/emergencies.
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 neutralizing1the perpetrators
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 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 any person authorized by the Incident/On-Scene Commander to negotiate for and in behalf of
the polh:e.
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 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:
1. prolong the situation ensure the safety of the hostages keep things calm
2.foster the growth of relationships between negotiator and hostage-taker and between hostage taker and hostages
3. making and not making a deal
Demand Typologies
1.Instrumental Demand- characteristics best described as "objective" transportation food, liquor, drugs. money,
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 reasons the
victims 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 pe0ple 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 ne? ds 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 onhim.
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.
4. Intelligence Officer - interviews individuals (ONE OF THE WEAKNES) 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 isJ tremely 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 • Paraphrasing
• Effective pauses • Emotional labeling (Reflecting meaning
• Minimal encouragement • I-messages
• Mirroring (Reflecting Feelings)
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.
4. Negotiators shall be designated and no one shall be allowed to talk to the suspects without clearance from the
negotiating pan elf 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 be properly 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 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 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
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- GR. may be utilized only to push back demonstrators & not as an instrument to strike an individual.
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 effuses to
disperse.
Bomb Threat And Bomb Incident Emergency Responses 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. Ex. (UC)
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" area away from the structure out of line of sight of the building and well clear of windows
minimum distance of 150 meters.
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.