SEGMENT 1-2 Flashcards
Refers to a natural disagreement or struggle between people which can be physical, or between conflicting ideas.
Conflict
It exists when they have incompatible goals in which one or more believe that the behavior of the others prevents them to achieve their own goals.
Conflict
An activity which takes place when conscious beings wish
to carry out mutually inconsistent acts concerning their wants, needs or obligations
Conflict
It occurs when person having
incompatible or contradictory alternatives
Conflict
It occurs when having a contradictory within oneself
Internal Conflict
It happens in a clash between another person
External Conflict
It is disagreement on point of law or fact, a conflict of point of views or interests between two persons, natural or
juridical
Dispute
Conflict comes from the Latin word ______ which means?
Conflingere, to come together for a battle
This theory 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
It is conceptualized as the methods and processes involved in facilitating the peaceful ending of conflict and
retribution.
Conflict Resolution
It means taking a dispute to court. Both sides present their case before a judge or jury, who will then render a decision.
Litigation
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
Litigation Process
It settled by agreement between parties, but may also be heard and decided by a jury or judge in court.
Litigation
It is also known as the Private Dispute Resolution Process
Arbitration
A dispute is submitted, by agreement of the parties to one or more arbitrators.
Arbitration
They developed an instrument which used to handle conflicts
Kenneth Thomas and Ralph Kilmann
An instrument of conflict resolution strategy which tended to handle a conflict.
Thomas-Kilmann Instrument or TKI Conflict Strategies
What are the Conflict Resolution Strategies?
Avoiding
Accomodating
Compromising
Competing
Collaborating
The extent to which the person attempts to satisfy the other person’s concerns
Cooperativeness
It mostly tries to ignore or sidestep the conflict, hoping it will resolve itself.
Avoiding
A strategy which resolves conflict essentially involves taking steps to satisfy the other party’s concerns or demands at the expense of your own needs or desires
Accomodating
It involves finding an acceptable resolution that will partly, but not entirely, satisfy the concerns of all parties involved.
Compromising
It tries to satisfy their own desires at the expense of the other parties involved
Competing
It involves finding a solution that entirely satisfies the concerns of all involved parties.
Collaborating
This Act is known as the “Alternative Dispute Resolution Act of 2004.”
R.A NO. 9285
R.A 9285 is known as?
Alternative Dispute Resolution Act of 2004
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.
Alternative Dispute Resolution
They known as participates to assist in the resolution of issues, which includes arbitration, mediation, conciliation, or any combination thereof.
Third Neutral Party
A voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the agreement of the parties, or rules promulgated pursuant to R.A No. 9285.
Arbitration
What do arbitrations render?
Award
It means any partial or final decision by an arbitrator in resolving the issue or controversy.
Award
It 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
Mediation Party
Steps dispute resolution process involving both mediation and arbitration.
Mediation-Arbitration
Is a process where the parties submit their case to a neutral third party who on the basis of discussion determine the dispute and come to a solution.
Arbitration
Generally sets out alternatives for the parties to reach out for an agreement. The settlement is made by the parties themselves rather than a third party.
Mediation
It provides opportunities to parties to negotiate and comes to a final solution catering to the needs of both sides.
Mediation
It means the person appointed to render an award, alone or with others, in a dispute that
is the subject of an arbitration agreement.
Arbitrator
It involves the assistance of a neutral third party who plays an advisory role in reaching an agreement
Conciliation
An institutions or persons accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in any Alternative Dispute Resolution system.
ADR Provider
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
ADR Provider
Conciliations act as an advisory role which consists of how many member/s?
10-20 members
Other term for Conciliation
LUPON-TAGAPAMAYAPA
How many day/s should settle the dispute between parties?
15 days
It consists of how many
member/s of which party may request their conciliator, arbitrator or mediator as the means of their right?
3 members
The chosen conciliator is known as?
Pangkat Tagapagsundo
Enumarate the cases wherein RA 9285 does not apply?
- Labor disputes covered by Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as amended and its Implementing Rules and Regulations;
- The civil status of persons;
- The validity of a marriage;
- Any ground for legal separation;
- The jurisdiction of courts;
- Criminal liability;
An agency attached to the Department of Justice which acts as appointing authority of mediators and arbitrators when the parties agree within writing.
Office for Alternative Dispute Resolution
Who headed the OADR?
Executive Director
Who appoint in which it place as the head of OADR?
President of the Philippines or Chief Executive
Who recommended to appoint as the head of OADR?
Secretary of Justice
He shall provide necessary support and discharge such other functions and duties as may be directed by the Executive Director.
Secretariat
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.
Public Information and Promotion Division
Shall be charged with the formulation of effective standards for the training of ADR practitioners;
Training Division
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
Records and Library Division
Stages in Conducting Mediation (In order)
1.. opening statement of the mediator
2. individual narration by the parties;
3.exchange by the parties;
4. summary of issues;
5. generation and evaluation of options; and
6. closure
The parties may be put in any convenient and appropriate place.
Mediation Setting
