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DISPUTE RESOLUTION > Prelim > Flashcards

Prelim Flashcards

1
Q

4 types of conflict

A
  1. Information conflict
  2. Values conflict
  3. Interest conflict
  4. Relationship conflict
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2
Q

5 phases of conflict

A
  1. Prelude to conflict
  2. Triggering event
  3. Initiation phase
  4. Differentiation phase
  5. Resolution phase
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3
Q

3 other types of conflict theory

A
  1. Feminist theory
  2. Critical race theory
  3. Post- structural conflict
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4
Q

3 modes of resolution

A
  1. Cognitive resolution
  2. Emotional resolution
  3. Behavioral resolution
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5
Q

2 basic types of conflict

A
  1. Internal conflict
  2. External conflict
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6
Q

Arise when people have different insufficient information or disagree ober what data is relevant

A

Information conflict

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7
Q

Are created when peple have perceived or actual incompatible beleif system

A

Values conflict

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8
Q

Are caused by competition over perceived or actual incompatible needs such conflicts may occur over issues of money, resources or time

A

Interest conflicts

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9
Q

Occurs when there are misperception, strong negative emotions or poor communication one person may distrust by malice or intent to harm the others

A

Relationship conflict

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10
Q

It involvesall the factor which possible arise a conflict among individuals

A

Prelude to conflict

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11
Q

An event which triggers the conflict

A

Triggering event

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12
Q

is a widely used term when discussing dispute resolution, _____ in itself is not a form of resolution it is resolving a dispute without litigation.

A

Alternative Dispute Resolution - ADR

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13
Q

formal legal process utilizing the civil legal system available to resolve a dispute. When a matter is litigated (the issuing of a claim form in the court) you and your dispute resolution Solicitor will need to follow a set of rules applied by the courts and the court will dictate the path and pace at which the litigation proceeds, applying a set of deadlines for the parties to take action and ultimately prepare the case for a final hearing.

A

Litigation

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14
Q

is a more formal legal process by comparison to mediation. The process follows the court litigation process in many ways but the parties and the arbitrator have a greater degree of flexibility. The arbitrator is submitted details of the dispute both in the form of documents and oral representation if appropriate.

A

Arbitration

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15
Q

dispute resolution process but can take many forms. It is fundamentally a process where the parties of a dispute come together in one place with an independent person present who will work between the parties to help secure a resolution of the dispute, or narrow the issues between the parties.

A

Mediation

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16
Q

These are referred to as ‘pre action’ as they are involved before any formal process is embarked upon, such as litigation, to resolve the dispute. This will generally involve the parties meeting or having a series of meetings with or without legal representation.

A

Pre action discussions & Without Prejudice Discussions

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17
Q

-is a term used across both commercial and private law and the definition itself is not difficult to arrive at! In its most basic form, dispute resolution is the resolution of a dispute between two or more parties.

A

Dispute Resolution

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18
Q

to engage in argument:

A

Dispute

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19
Q

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.

A

Conflict

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20
Q

refer to a mutual 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.

A

Conflict

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21
Q

is an activity which takes place when conscious beings (individuals or groups) wish to carry out mutually inconsistent acts concerning their wants, needs or obligations.

A

Conflict

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22
Q

comes the Latin word “conflingere” which means

A

to come together for a battle.

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23
Q

originated in the work of Karl Marx, who focused on the causes and consequences on class conflict between the bourgeoise (the owners of the means of production and the capitalists) and the proletariat (the working class and the poor).

A

Conflict Theory

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24
Q

tension 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.

A

Conflict Theory

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25
Q

where participants are partially assertive and cooperative. The concept is that everyone gives up a little bit of what they want, and no one gets everything they want.

A

Compromising

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26
Q

is the method used when people are both assertive and cooperative. A group may learn to allow each participant to make a contribution with the possibility of co-creating a shared solution that everyone can support.

A

Collaborating

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27
Q

is a strategy where one party gives in to the wishes or demands of another. They’re being cooperative but not assertive. This may appear to be a gracious way to give in when one figures out s/he has been wrong about an argument.

A

Accommodating

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28
Q

used by people who go into a conflict planning to win. They’re assertive and not cooperative. This method is characterized by the assumption that one side wins and everyone else loses.

A

Competing

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29
Q

when people just ignore or withdraw from the conflict. They choose this method when the discomfort of confrontation exceeds the potential reward of resolution of the conflict.

A

Avoiding

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30
Q

developed five conflict resolution strategies that people use to handle conflict, including avoiding, defeating, compromising, accommodating, and collaborating.

A

Kenneth Thomas and Ralph Kilmann

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31
Q

Includes a sole arbitrator or all the arbitrators where more than one is appointed.

A

TRIBUNAL

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32
Q

Means the party against which the arbitration is initiated, as named in the Request for Arbitration.

A

RESPONDENT-

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33
Q

Means the party initiating arbitration.

A

CLAIMANT

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34
Q

Means the person appointed to render an award, alone or with others, in a dispute that is the subject of an arbitration agreement.

A

ARBITRATOR-

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35
Q

Means an agreement by the parties to submit to arbitration all or certain disputes, which have arisen, or which may arise between an Arbitration Agreement may be in the form of an arbitration clause in a contract or in the form of a separate contract.

A

ARBITRATION AGREEMENT

36
Q

Means a voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the agreement of the parties or these Rules, resolves a dispute by rendering an award.

A

ARBITRATION-

37
Q

This decree shall be known as “Establishing a system of amicably settling disputes at the barangay level”.

A

P.D. No. 1508?

38
Q

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; otherwise known as the “Alternative Dispute Resolution Act of 2004”

A

Republic Act No. 9285

39
Q

means a lawyer duly admitted to the practice of law in the Philippines and in good standing who represents a party in any ADR process.

A

Counsel

40
Q

means any information, relative to the subject of mediation or arbitration, expressly intended by the source not to be disclosed, or obtained under circumstances that would create a reasonable expectation on behalf of the source that the information shall not be disclosed.

A

Confidential Information

41
Q

Also known as private dispute resolution process dispute is submitted, by agreement of the parties to one or more

A

Arbitration process

42
Q

It is one where a specialized institution is appointed and take arbitration process / case management

A

Institutional arbitration

43
Q

It is one that is not administered by an intitution

A

Ad hoc arbitration

44
Q

Domestic ADR provides an alternative to a court disposition there is no ready court or law to turn to.

A

Domestic and international arbitration

45
Q

Who is the father of social conflict theory

A

Karl marx

46
Q

States that tension and conflicts arise when resources. Status. And power unevenly distributed between grouos in society and that these co flicts become the engine for social change

A

Conflict theory

47
Q

An approach that recognize a womans political social and ecomic equality in men

A

Feminist theory

48
Q

An approach to social philosophy that focuses on reflective assessment and society and culture and order to reveal and challenge power structure

A

Critical race theory

49
Q

An approach that is critical of modernism

A

Post modern theory/ postcolonial theory

50
Q

Growing body of research finding that challenge the heterosexual bias

A

Queer theory

51
Q

Refers to inter regional

A

World system

52
Q

To achieve speedy and partial justice to clog court ducket

A

ALTERNATIVE DISPUTE RESOLUTION

53
Q

Most popular strategy used in resolving a conflict

A

Thomas and kilmann Instrument

54
Q

Voluntary dispute resolution process in which one or more arbitration appointed in accordance with the agreement of the parties

A

Arbitration

55
Q

Out of the country

A

International arbitration

56
Q

Within the country

A

Domestic arbitration

57
Q

Import and export

A

Commercial arbitration

58
Q

Arise when people have different insufficient information or diasgree over what data is relevant

A

Information conflict

59
Q

Created when people have preceived or actual incompatible belief system

A

Values conflict

60
Q

Are caused by competition ober perceived or actual incompatible needs such conflict may occur over issues of money resources or time

A

Interest conflict

61
Q

Occur when there are misperception. Strong negative emotions or poor communication one person may distrust the other and beleive that the other person acrion are motivated by malice or an intent to harm the others

A

Relationship conflict

62
Q

Involves all the factors which possible arise a conflict among individuals

A

Prelude

63
Q

An event which triggers the conflicta

A

Triggering event

64
Q

It is the phase when the individuals voice out their differences againts each other. The reason for the conflict are raised here

A

Differentiation phase

65
Q

Actually the phase when the conflict has already begun. Heated argument, abuses, verbal disagreement are all warning alarms which indicate that the fight is already on

A

Iniatiation phase

66
Q

As co flict leads to nowhere, individuals try to compromise to some extent and resolve it. It express the various options to resolve the conflict

A

Resolution phase

67
Q

“An equal system” by

A

Karl Marx

68
Q

Upper class / capitalism

A

Bourgeoise

69
Q

Lower class/ poor

A

Proletariat

70
Q

Diversity of women in the society

A

Feminist theory

71
Q

Racial inequality

A

Critical race theory

72
Q

A group of theory concerning the relationship between human being and the world

A

Post-structural theory

73
Q

Who is the father of modern conflict theory

A

Charles Wright Mills

74
Q

“The power elite” by

A

Charkes wright mills

75
Q

An equal distribution of power and resources in the society

A

The power elite

76
Q

Is a process involve in facilitating a peaceful endibg of conflict and retribution

A

Conflict resolution

77
Q

A person attempts to satisfy of his own concern

A

Assertiveness

78
Q

A person attempts to satisfy of the other concern

A

Cooperativeness

79
Q

Who renders the award

A

Arbitrator

80
Q

Natural disagreement of 2 person

A

Conflict

81
Q

When the character struggle with their own opposing desire

A

Internal conflict

82
Q

Conflict exist in the outside world

A

External conflict

83
Q

Process of thinking on how the disputant resolve a conflict through his understand belief and patient

A

Cognitive resolution

84
Q

Away of disputant on how to resolve a conflict through his emotional energy

A

Emotional resolution

85
Q

Away of disputant on how to resolve a conflict through the reflection of his behavior

A

Behavioral resolution

86
Q

2 person of T.K.I

A

Kenneth Thomas
Ralph Kilmann

DISPUTE RESOLUTION (3 decks)

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