dispute Flashcards
(38 cards)
refers to a natural disagreement or struggle between people which may be physical, or between conflicting ideas.
Conflict
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
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.
Conflict theory
Many others have drawn on conflict theory to develop other types of theory within the social sciences, including the following:
- Feminist theory;
- Class conflict theory;
- Conflict Culture theory;
It is conceptualized as the methods and processes involved in facilitating the peaceful ending of conflict and retribution.
CONFLICT RESOLUTION
The term conflict resolution may also be used interchangeably with _________________where the ARBITRATION and LITIGATION process are critically involved.
dispute resolution
means taking a dispute to court.
Both sides present their case before a judge or jury, who will then render a decision.
Litigation
it is a private process in which both parties agree that an arbitrator (a neutral third party) will render a binding decision.
Arbitration
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.
Litigation process
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.
Arbitration process
Developed by Kenneth Thomas and Ralph Kilmann
CONFLICT RESOLUTION STRATEGIES / Thomas-Kilmann Instrument or TKI Conflict
Strategies
the extent to which the person attempts to satisfy his own concerns
Assertiveness
the extent to which the person attempts to satisfy the other person’s concerns
Cooperativeness
•Someone who uses a strategy of “_____________” mostly tries to ignore or sidestep the conflict, hoping it will resolve itself.
Avoiding (U & U)
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.
Accommodating (U & C)
involves finding an acceptable resolution that will partly, but not entirely, satisfy the concerns of all parties involved.
Compromising (Moderate A & C)
tries to satisfy their own desires at the expense of the other parties involved.
(Opposite of ACCOMMODATING).
Competing (A & U)
involves finding a solution that entirely satisfies the concerns of all involved parties. (complete opposite of AVOIDING)
Collaborating (A & C)
This Act is known as the “Alternative Dispute Resolution Act of 2004.”
REPUBLIC ACT NO. 9285
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”.
REPUBLIC ACT NO. 9285
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.
Alternative Dispute Resolution
means any partial or final decision by an arbitrator in resolving the issue or controversy.
Award
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.
MEDIATION
This means a person who participates in a mediation and whose consent is necessary to resolve the dispute. (Sec.
MEDIATION PARTY
