Prelim Flashcards
4 types of conflict
- Information conflict
- Values conflict
- Interest conflict
- Relationship conflict
5 phases of conflict
- Prelude to conflict
- Triggering event
- Initiation phase
- Differentiation phase
- Resolution phase
3 other types of conflict theory
- Feminist theory
- Critical race theory
- Post- structural conflict
3 modes of resolution
- Cognitive resolution
- Emotional resolution
- Behavioral resolution
2 basic types of conflict
- Internal conflict
- External conflict
Arise when people have different insufficient information or disagree ober what data is relevant
Information conflict
Are created when peple have perceived or actual incompatible beleif system
Values conflict
Are caused by competition over perceived or actual incompatible needs such conflicts may occur over issues of money, resources or time
Interest conflicts
Occurs when there are misperception, strong negative emotions or poor communication one person may distrust by malice or intent to harm the others
Relationship conflict
It involvesall the factor which possible arise a conflict among individuals
Prelude to conflict
An event which triggers the conflict
Triggering event
is a widely used term when discussing dispute resolution, _____ in itself is not a form of resolution it is resolving a dispute without litigation.
Alternative Dispute Resolution - ADR
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.
Litigation
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.
Arbitration
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.
Mediation
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.
Pre action discussions & Without Prejudice Discussions
-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.
Dispute Resolution
to engage in argument:
Dispute
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
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.
Conflict
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.
Conflict
comes the Latin word “conflingere” which means
to come together for a battle.
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).
Conflict Theory
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.
Conflict Theory
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.
Compromising
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.
Collaborating
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.
Accommodating
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.
Competing
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.
Avoiding
developed five conflict resolution strategies that people use to handle conflict, including avoiding, defeating, compromising, accommodating, and collaborating.
Kenneth Thomas and Ralph Kilmann
Includes a sole arbitrator or all the arbitrators where more than one is appointed.
TRIBUNAL
Means the party against which the arbitration is initiated, as named in the Request for Arbitration.
RESPONDENT-
Means the party initiating arbitration.
CLAIMANT
Means the person appointed to render an award, alone or with others, in a dispute that is the subject of an arbitration agreement.
ARBITRATOR-
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.
ARBITRATION AGREEMENT
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.
ARBITRATION-
This decree shall be known as “Establishing a system of amicably settling disputes at the barangay level”.
P.D. No. 1508?
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”
Republic Act No. 9285
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.
Counsel
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.
Confidential Information
Also known as private dispute resolution process dispute is submitted, by agreement of the parties to one or more
Arbitration process
It is one where a specialized institution is appointed and take arbitration process / case management
Institutional arbitration
It is one that is not administered by an intitution
Ad hoc arbitration
Domestic ADR provides an alternative to a court disposition there is no ready court or law to turn to.
Domestic and international arbitration
Who is the father of social conflict theory
Karl marx
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
Conflict theory
An approach that recognize a womans political social and ecomic equality in men
Feminist theory
An approach to social philosophy that focuses on reflective assessment and society and culture and order to reveal and challenge power structure
Critical race theory
An approach that is critical of modernism
Post modern theory/ postcolonial theory
Growing body of research finding that challenge the heterosexual bias
Queer theory
Refers to inter regional
World system
To achieve speedy and partial justice to clog court ducket
ALTERNATIVE DISPUTE RESOLUTION
Most popular strategy used in resolving a conflict
Thomas and kilmann Instrument
Voluntary dispute resolution process in which one or more arbitration appointed in accordance with the agreement of the parties
Arbitration
Out of the country
International arbitration
Within the country
Domestic arbitration
Import and export
Commercial arbitration
Arise when people have different insufficient information or diasgree over what data is relevant
Information conflict
Created when people have preceived or actual incompatible belief system
Values conflict
Are caused by competition ober perceived or actual incompatible needs such conflict may occur over issues of money resources or time
Interest conflict
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
Relationship conflict
Involves all the factors which possible arise a conflict among individuals
Prelude
An event which triggers the conflicta
Triggering event
It is the phase when the individuals voice out their differences againts each other. The reason for the conflict are raised here
Differentiation phase
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
Iniatiation phase
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
Resolution phase
“An equal system” by
Karl Marx
Upper class / capitalism
Bourgeoise
Lower class/ poor
Proletariat
Diversity of women in the society
Feminist theory
Racial inequality
Critical race theory
A group of theory concerning the relationship between human being and the world
Post-structural theory
Who is the father of modern conflict theory
Charles Wright Mills
“The power elite” by
Charkes wright mills
An equal distribution of power and resources in the society
The power elite
Is a process involve in facilitating a peaceful endibg of conflict and retribution
Conflict resolution
A person attempts to satisfy of his own concern
Assertiveness
A person attempts to satisfy of the other concern
Cooperativeness
Who renders the award
Arbitrator
Natural disagreement of 2 person
Conflict
When the character struggle with their own opposing desire
Internal conflict
Conflict exist in the outside world
External conflict
Process of thinking on how the disputant resolve a conflict through his understand belief and patient
Cognitive resolution
Away of disputant on how to resolve a conflict through his emotional energy
Emotional resolution
Away of disputant on how to resolve a conflict through the reflection of his behavior
Behavioral resolution
2 person of T.K.I
Kenneth Thomas
Ralph Kilmann
