DISPUTE RESOLUTION Flashcards
A study involving the understanding, analysis and applying best strategies in resolving disputes at elementary stages.
dispute resolution and crisis management
the restorative justice
barrangay justice system
the resolution of a dispute between two or more parties
dispute resolution
a way of solving a conflict without having to go to court
dispute resolution
dispute resolution is also known as
dispute settlement
pag di nag kaayos sa baranggay bibigyan ng certificate
certificate to file a criminal action
any process or procedures used to resolve a a dispute or controversy.
alternative dispute resolution system
crisis management reffered as
incident management
procedures necessary for a law enforcement leader to plan, mitigate and respond to a crisis.
crisis management
define as a clash between individuals arising out of a difference in thought process, attitudes understanding etc
conflict
stses that those eith wealth and power will try to hold on to it by any means possible, chiefly by suppressing the poor and powerless.
conflict theory
conflict theory was first developed by
karl marx
argued that individuals and groups within society wil work to try to maximize their own wealth and power
conflict theory
assumption of conflict theory
competition
revolution
structural inequality
war
exist as result of scarcity of resources, including material resources-money, property, commodities and more. intagible resources
competition
the idea is that change in a power dynamic between groups does not happen as the result of a gradual adaption. In this ways, changes to power dynamic are often abrupt and large in scale.
revolution
human relationship and social structures all experience inequalities of power.
structural inequality
a unifier or a cleanser of societies. it is the result of a cumulative and growing conflict between individuls and group
war
types of conflict
information conflict
values conflict
interest conflict
relationship conflict
arise when people have different or insufficient information
Information conflict
are created when people have perceived or actual incompatible belief systems.
values conflict
occur when there are misperceptions, strong negative emotion, or poor communication.
relationship conflict
are caused by competition over perceived or actual incompatible needs
interest conflict
phases of conflict
prelude to conflict
triggering event
initiation phase
differentiation phas
resolution phase
it involves all the factors which possibly arise a conflict among individuals.
prelude to conflict
an event which triggers the conflict
triggering event
phase when the conflict has already begun.
initiation phase
phase when individuals voice out their differences against eacg other.
differentiation phase
individuals try to compromise to some extent and resolve it.
resolution phase
is designed to meassure a persons behavior in conflict situations.
thomas kilman instrument
persons dimensions during conflict situation
assertiveness
cooperativeness
which the person attempts to satisfy his own concerns
assertiveness
person attempts to satisfy the other persons concern
cooperativeness
5 conflict resolution strategies
avoiding
competing
accommodating
collaborating
compromising
unassertive and uncooperative
the person neither pusues his own concerns nor those of other individual. he does not deal with the conflict
avoiding
assertive but unncooperative
power oriented mode in which you use whatever power seems appropriate to win your own position.
competing
unassertive and cooperative
the individual neglects his own concerns to satisfy the concerns of other person
self sacrifice
accommodating
assertive and cooperative
involves an attempt to work with others to find solution
collaborating
the concept is that everyone givves up a little of what they want no one gets everithing they want.
compromising
modes or methods of dispute resolution
lawsuits
alternative dispute resolution
collaborative law
negoiation
is a proceeding by a party or parties against another inn the civil court of law
lawsuit
means any process or procedures used to resolve a dispute or controversy.
alternative dispute resolution system
collaborative law is also known as
collaborative practie
is a legal process enabling couples who have decided to seperate or end their marriage
collaborative law
it is back and forth communication between parties of the conflict with the goal of tryig to find a solution
negotiation
key va;ues of restorative program
encounter
amends
reintegration
inclusion
creates opportunities for victims, offender members to meet and discuss the crime and its aftermath.
encounter
expect offenders to take steps to repair harm they have caused
amends
seek to restore victims and offenders as a whole, contricuting memeber societies.
reintegration
provide opportunities for both parties to paarticipate in resolution
inclusion
means a voluntary dispute resolution process in which one or more arbitrators are appointed in accordance with an agreement of the parties, or rules promulgated purusant to RA9285, resolve an issue by rendering an award
ARBITRATION
means voluntary process in which a mediator, selected by the disputing parties, facilities communication and negotiation, and assists the parties in reaching a voluntary agreement regarding a dispute. The settlement is made by the parties themselves. Third party cannot make a proposal.
MEDIATION
invole the assistance of neutral third party who plays an advisory role in reaching an agreement. Third party can make a proposal
CONCILATION
is a step dispute resolution process involving both mediation and arbitration
MEDIATION-ARBITRATION
an ADR process wherein parties and their lawyers are brought together early in pre-trial phase to present summeries of their cases .
EARLY NEUTRAL EVALUATION
