dispute

Question 1

refers to a natural disagreement or struggle between people which may be physical, or between conflicting ideas.

Answer 1

Conflict

Question 2

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.

Answer 2

Conflict

Question 3

states that tensions and conflicts arise when resources, status, and power are unevenly distributed between groups in society and that these conflicts become the engine for social change.

Answer 3

Conflict theory

Question 4

Many others have drawn on conflict theory to develop other types of theory within the social sciences, including the following:

Answer 4

1. Feminist theory;
2. Class conflict theory;
3. Conflict Culture theory;

Question 5

It is conceptualized as the methods and processes involved in facilitating the peaceful ending of conflict and retribution.

Answer 5

CONFLICT RESOLUTION

Question 6

The term conflict resolution may also be used interchangeably with _________________where the ARBITRATION and LITIGATION process are critically involved.

Answer 6

dispute resolution

Question 7

means taking a dispute to court.
Both sides present their case before a judge or jury, who will then render a decision.

Answer 7

Litigation

Question 8

it is a private process in which both parties agree that an arbitrator (a neutral third party) will render a binding decision.

Answer 8

Arbitration

Question 9

It refers to an action of resolving a dispute by filing or answering a complaint through the public court system. Typically settled by agreement between parties, but may also be heard and decided by a jury or judge in court.

Answer 9

Litigation process

Question 10

It is also known as the Private Dispute Resolution Process - is a procedure in which a dispute is submitted, by agreement of the parties to one or more arbitrators.

Answer 10

Arbitration process

Question 11

Developed by Kenneth Thomas and Ralph Kilmann

Answer 11

CONFLICT RESOLUTION STRATEGIES / Thomas-Kilmann Instrument or TKI Conflict
Strategies

Question 12

the extent to which the person attempts to satisfy his own concerns

Answer 12

Assertiveness

Question 13

the extent to which the person attempts to satisfy the other person’s concerns

Answer 13

Cooperativeness

Question 14

•Someone who uses a strategy of “_____________” mostly tries to ignore or sidestep the conflict, hoping it will resolve itself.

Answer 14

Avoiding (U & U)

Question 15

Using the strategy of “______________” to resolve conflict essentially involves taking steps to satisfy the other party’s concerns or demands at the expense of your own needs or desires.

Answer 15

Accommodating (U & C)

Question 16

involves finding an acceptable resolution that will partly, but not entirely, satisfy the concerns of all parties involved.

Answer 16

Compromising (Moderate A & C)

Question 17

tries to satisfy their own desires at the expense of the other parties involved.
(Opposite of ACCOMMODATING).

Answer 17

Competing (A & U)

Question 18

involves finding a solution that entirely satisfies the concerns of all involved parties. (complete opposite of AVOIDING)

Answer 18

Collaborating (A & C)

Question 19

This Act is known as the “Alternative Dispute Resolution Act of 2004.”

Answer 19

REPUBLIC ACT NO. 9285

Question 20

It is entitled, “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”.

Answer 20

REPUBLIC ACT NO. 9285

Question 21

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, which includes arbitration, mediation, conciliation, or any combination thereof.

Answer 21

Alternative Dispute Resolution

Question 22

means any partial or final decision by an arbitrator in resolving the issue or controversy.

Answer 22

Award

Question 23

means a voluntary process in which a mediator, selected by the disputing parties, facilitates communication and negotiation, and assist the parties in reaching a voluntary agreement regarding a dispute.

Answer 23

MEDIATION

Question 24

This means a person who participates in a mediation and whose consent is necessary to resolve the dispute. (Sec.

Answer 24

MEDIATION PARTY

Question 25

is a step dispute resolution process involving both mediation and arbitration.

Answer 25

Mediation-Arbitration or Med-Arb

Question 26

means institutions or persons accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in any Alternative Dispute Resolution system.

Answer 26

ADR Provider

Question 27

This is without prejudice to the rights of the parties to choose nonaccredited individuals to act as mediator, conciliator, arbitrator, or neutral evaluator of their dispute.

Answer 27

ADR Provider

Question 28

The ADR provides /practitioners shall have the same_____________________ for acts done in the performance of their official duties as that of public officers as provided in Section 38 (1), Chapter 9, Book 1 of the Administrative Code of 1987, upon a clear showing_of bad faith. malice or gross negligence.

Answer 28

civil liability

Question 29

is an agency attached to the Department of Justice. It shall have a Secretariat and shall be headed by an Executive Director, who shall be appointed by the President of the Philippines, taking into consideration the recommendation of the Secretary of Justice.

Answer 29

Office for Alternative Dispute Resolution (OADR)

Question 30

shall provide necessary support and discharge such other functions and duties as may be directed by the Executive Director.

Answer 30

Secretariat

Question 31

shall be 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 a 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.

Answer 31

Public Information and Promotion Division

Question 32

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.

Answer 32

Training Division

Question 33

shall be charged with the establishment and maintenance of a central repository of ADR laws, rules and regulations, jurisprudence, books, articles, and other information about ADR in the Philippines and elsewhere. (Art. 2.4., IRR, RA 9285)

Answer 33

Records and Library Division

Question 34

Do parties have the right to select a Mediator?

Answer 34

Yes

Question 35

Where do parties can request mediators?

Answer 35

Office for Alternative Dispute Resolution

Question 36

IS IT REQUIRED THAT A MEDIATOR HAS SPECIAL QUALIFICATIONS BY BACKGROUND OR PROFESSION?

Answer 36

ADR act does not require

Question 37

MAY A PARTY WAIVE HIS RIGHT TO PARTICIPATE IN MEDIATION?

Answer 37

Yes, except as otherwise provided in RA 9285, a party may designate a lawyer or any other person to aid in the mediation. A lawyer of this right shall be made in writing by the party waiving it.

Question 38

MEDIATION SETTING

Answer 38

The parties are free to agree on the place of mediation.