2. WHAT IS CONFLICT?
• A 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. (Nicholson, M., 1992)
• Conflict may also refer to a natural 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. 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. The
word “Conflict” comes from the Latin word “conflingere” which means to
come together for a battle.
3. WHAT ARE CONFLICT THEORIES?
• Conflict 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. In this
context, power can be understood as control of material resources
and accumulated wealth, control of politics and the institutions that
make up society, and one's social status relative to others (determined
not just by class but by race, gender, sexuality, culture, and religion,
among other things). (Crossman, 2019)
4. • Conflict theory originated in the work of Karl Marx, who
focused on the causes and consequences of class conflict
between the bourgeoisie(the owners of the means of
production and the capitalists) and the proletariat (the
working class and the poor). Many social theorists have built
on Marx's conflict theory to bolster it, grow it, and refine it
over the years.
5. MANY OTHERS HAVE DRAWN ON CONFLICT THEORY
TO DEVELOP OTHER TYPES OF THEORY WITHIN THE
SOCIAL SCIENCES, INCLUDING THE FOLLOWING:
• 1. Feminist theory;
• 2. Critical race theory;
• 3. Postmodern theory and postcolonial theory;
• 4. Queer theory;
• 5. Post-structural theory, and
• 6. Theories of globalization and world systems.
6. WHAT ARE THE CONFLICT RESOLUTION
STRATEGIES?
• Kenneth Thomas and Ralph Kilmann (2015) developed five conflict
resolution strategies Thomas – Kilmann Instrument or more generally known as
TKI Conflict Strategies that people use to handle conflict, including avoiding,
defeating , compromising, accommodating, and collaborating.
• The Thomas-Kilmann Instrument is designed to measure a person’s
behavior in conflict situations. “Conflict situations” are those in which the
concerns of two people appear to be incompatible
7. IN SUCH CONFLICT SITUATIONS, AN INDIVIDUAL’S BEHAVIOR
CAN BE DESCRIBED ALONG TWO DIMENSIONS:
• (1) Assertiveness- The extent to which the person attempts to
satisfy his own concerns.
• (2) Cooperativeness- The extent to which the person attempts to
satisfy the other person’s concerns.
8. FIVE (5) CONFLICT RESOLUTION STRATEGIES
• Conflict Resolution Strategy #1: Avoiding
This is unassertive and uncooperative. The person neither pursues his own concerns
nor those of the other individual. Thus, he does not deal with the conflict. Avoiding
might take the form of diplomatically sidestepping an issue, postponing an issue
until a better time, or simply withdrawing from a threatening situation.
Avoiding is 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. While this might seem easy to accommodate for the
facilitator, people are not really contributing anything of value to the conversation
and may be withholding worthwhile ideas. When conflict is avoided, nothing is
resolved.
9. • Conflict Resolution Strategy #2: Competing
This is assertive and uncooperative. An individual pursues his own concerns at
the other person’s expense. This is a power-oriented mode in which you use
whatever power seems appropriate to win your own position—your ability to
argue, your rank, or economic sanctions. Competing means “standing up for
your rights,” defending a position which you believe is correct, or simply trying
to win. Competing is used by people who go into a conflict planning to win.
Competing might work in sports or war, but it’s rarely a good strategy for
group problem solving
10. • Conflict Resolution Strategy #3: Accommodating
This is unassertive and cooperative—the complete opposite of competing. When
accommodating, the individual neglects his own concerns to satisfy the concerns of the other
person; there is an element of self-sacrifice in this mode. Accommodating might take the form of
selfless generosity or charity, obeying another person’s order when you would prefer not to, or
yielding to another’s point of view.
Also, accommodating is a strategy where one party gives in to the wishes or demands of another.
They are 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. It is less helpful when one party
accommodates another merely to preserve harmony or to avoid disruption. Like avoidance, it can
result in unresolved issues. Too much accommodation can result in groups where the most
assertive parties commandeer the process and take control of most conversations.
11. • Conflict Resolution Strategy #4: Collaborating
It is both assertive and cooperative—the complete opposite of avoiding.
avoiding. Collaborating involves an attempt to work with others to find some
solution that fully satisfies their concerns. It means digging into an issue to
pinpoint the underlying needs and wants of the two individuals.
Collaborating between two persons might take the form of exploring a
disagreement to learn from each other’s insights or trying to find a creative
solution to an interpersonal problem.
A group may learn to allow each participant to contribute with the
possibility of co-creating a shared solution that everyone can support.
12. • Conflict Resolution Strategy #5: Compromising
It is moderate in both assertiveness and cooperativeness. The objective is to find some expedient,
mutually acceptable solution that partially satisfies both parties. It falls intermediate between competing
and accommodating.
Compromising gives up more than competing but less than accommodating. Likewise, it addresses an
issue more directly than avoiding, but does not explore it in as much depth as collaborating. In some
situations, compromising might mean splitting the difference between the two positions, exchanging
concessions, or seeking a quick middle-ground solution. The concept of this is that everyone gives up a
little bit of what they want, and no one gets everything they want. The perception of the best outcome
when working by compromise is that which “splits the difference.”
Compromise is perceived as being fair, even if no one is particularly happy with the outcome
13. WHAT IS REPUBLIC ACT NO. 9285?
• This Act is known as the "Alternative Dispute
Resolution Act of 2004.
14. WHAT IS THE POLICY OF THE STATE REGARDING
ALTERNATIVE DISPUTE RESOLUTION (ADR)?
• It is hereby declared the policy of the State to actively promote party autonomy in
the resolution of disputes or the freedom of the party to make their own
arrangements to resolve their disputes. Towards this end, the State shall encourage
and actively promote the use of Alternative Dispute Resolution (ADR) as an
important means to achieve speedy and impartial justice and declog court
dockets. As such, the State shall provide means for the use of ADR as an efficient
tool and an alternative procedure for the resolution of appropriate cases. Likewise,
the State shall enlist active private sector participation in the settlement of disputes
through ADR.
15. DOES RA 9285 LIMITS THE POWER OF THE
SUPREME COURT TO ADOPT ANY ADR SYSTEM?
• No. This Act shall be without prejudice to the adoption by the Supreme Court of
any ADR system, such as mediation, conciliation , arbitration, or any
combination thereof as a means of achieving speedy and efficient means of
resolving cases pending before all courts in the Philippines which shall be
governed by such rules as the Supreme Court may approve from time to time.
(Sec. 2, RA 9285)
16. WHAT IS ALTERNATIVE DISPUTE RESOLUTION?
• Alternative Dispute Resolution System means 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, as defined under RA 9285, in which a neutral
third party participates to assist in the resolution of issues, which
includes arbitration, mediation, conciliation, early neutral evaluation,
mini-trial, or any combination thereof. (Sec. 3, par.a, RA 9285)
17. WHAT IS ARBITRATION?
• Arbitration means 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 RA 9285, resolve a dispute by
rendering an award. (Sec. 3, par. d, RA 9285)
• Note: Award means any partial or final decision by an arbitrator in
resolving the issue or controversy.
18. WHAT IS EARLY NEUTRAL EVALUATION?
• This means an ADR process wherein parties and
their lawyers are brought together early in a pre-
trial phase to present summaries of their cases and
receive a nonbinding assessment by an experienced,
neutral person, with expertise in the subject in the
substance of the dispute. (Sec. 3,par. n, RA 9285)
19. WHAT IS MEDIATION?
• Mediation 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. (Sec. 3, par. q, RA
9285)
20. WHO IS A MEDIATOR?
• Mediator means a person who conducts mediation.
(Sec. 3, par. r, RA 9285
21. WHAT IS MEDIATION PARTY?
• This means a person who participates in a
mediation and whose consent is necessary to
resolve the dispute. (Sec. 3, par. s, RA 9285)
22. WHAT IS MEDIATION-ARBITRATION?
• "Mediation-Arbitration" or Med-Arb is a step
dispute resolution process involving both
mediation and arbitration. (Sec. 3, par. t, RA 9285)
23. WHAT IS MINI-TRIAL
• This means a structured dispute resolution method in
which the merits of a case are argued before a panel
comprising senior decisionmakers with or without the
presence of a neutral third person after which the parties
seek a negotiated settlement (Sec. 3, par. u, RA 9285)
24. HOW ARBITRATION, MEDIATION AND CONCILIATION ARE
DIFFERENT FROM EACH OTHER?
• Arbitration, mediation and conciliation are the main Alternative Dispute Resolution Mechanism which is
generally adopted by the people to resolve their disputes in an informal manner. They try to reach a solution
by settlement or negotiation with the assistance of a third neutral party and have turned out to be an
effective alternative to the litigation process.
• 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 comes to a solution.
• Mediation and conciliation both are an informal process. Whereas, arbitration is more formal as compared to
them. In mediation, the mediator generally sets out alternatives for the parties to reach out an agreement.
The main advantage of the mediation is that the settlement is made by the parties themselves rather than a
third party. It is not legally binding on the parties. In addition, the basic motive of mediation is to provide
opportunities to parties to negotiate and come to a final solution catering the needs of both sides.
• Dispute resolution through conciliation involves the assistance of a neutral third party who plays an advisory
role in reaching an agreement.
• The process adopted by all the three are different but, the main purpose is to resolve the dispute in a way
where the interest of the parties is balanced.
25. WHAT IS ADR PROVIDER?
• "ADR Provider" means institutions or persons accredited as
mediator, conciliator, arbitrator, neutral evaluator, or any person
exercisingsimilar functions in any Alternative Dispute Resolution
system. 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. (Sec. 3, par. b, RA
9285)
26. WHAT IS THE LIABILITY OF ADR
PROVIDERS/PRACTITIONERS?
• The ADR provides /practitioners shall have the same civil
liability for acts done in the performance of their official
duties as that of public officers as provided in Section 38
(1), Chapter 9, Book 1 of the Administrative Code of 1987,
upon a clear showing of bad faith, malice or gross
negligence. (Article 1.5, IRR, RA 9285)
27. WHAT ARE THE CASES WHEREIN REPUBLIC ACT NO.
9285 DOES NOT APPLY?
• a. 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;
• b. The civil status of persons;
• c. The validity of a marriage;
• d. Any ground for legal separation;
• e. The jurisdiction of courts;
• f. Future legitime;
• g. Criminal liability;
• h. Those which by law cannot be compromised; and
• i. Those disputes referred to court-annexed mediation. (Article 1.3, IRR, RA 9285)
28. WHAT IS THE OFFICE FOR ALTERNATIVE DISPUTE
RESOLUTION?
• The Office for Alternative Dispute Resolution (OADR) is as
an agency attached to the Department of Justice. It shall
have a Secretariat and shall be headed by an Executive
Director, who shall be appointed by the President of the
Philippines, taking into consideration the
recommendation of the Secretary of Justice. (Article 2.1.,
IRR, RA 9285)
29. WHAT ARE THE POWERS OF THE OADR?
• a. To act as appointing authority of mediators and arbitrators when the
parties agree in writing that it shall be empowered to do so;
• b. To conduct seminars, symposia, conferences and other public fora and
publish proceedings of said activities and relevant materials/information
that would promote, develop and expand the use of ADR;
• c. To establish an ADR library or resource center where ADR laws, rules
and regulation, jurisprudence, books, articles and other information about
ADR in the Philippines and elsewhere may be stored and accessed.
30. • d. To establish training programs for ADR providers/practitioners, both in the public and
private sectors; and to undertake periodic and continuing training programs for
arbitration and mediation and charge fees on participants. It may do so in conjunction
with or in cooperation
• with the IBP, private ADR organizations, and local and foreign government offices and
agencies and international organizations;
• e. To certify those who have successfully completed the regular professional training
programs provided by the OADR;
• f. To charge for services rendered such as, among others, for training and certifications
of ADR providers;
• g. To accept donations, grants and other assistance from local and foreign sources;
and
• h. To exercise such other powers as may be necessary and proper to carry into effect
the provisions of the ADR Act. (Art. 2.2., IRR, RA 9285
31. WHAT ARE THE FUNCTIONS OF OADR?
• a. To promote, develop and expand the use of ADR in the private and
public sectors through information, education and communication;
• b. To monitor, study and evaluate the use of ADR by the private and
public sectors for purposes of, among others, policy formulation;
• c. To recommend to Congress needful statutory changes to develop,
strengthen and improve ADR practices in accordance with international
professional standards;
32. • d. To make studies on and provide linkages for the development, implementation,
monitoring and evaluation of government and private ADR programs and secure
information about their respective administrative rules/procedures, problems
encountered and how they were resolved;
• e. To compile and publish a list or roster of ADR providers/practitioners, who have
undergone training by the OADR, or by such training providers/institutions
recognized or certified by the OADR as performing functions in any ADR system.
The list or roster shall include the addresses, contact numbers, e-mail addresses,
ADR service/s rendered (e.g. arbitration, mediation) and experience in ADR of the
ADR providers/practitioners;
• F. To compile a list or roster of foreign or international ADR providers/practitioners.
The list or roster shall include the addresses, contact numbers, e-mail addresses,
ADR service/s rendered (e.g. arbitration, mediation) and experience in ADR of the
ADR providers/practitioners
• g. To perform such other functions as may be assigned to it. (Art. 2.3., IRR, RA
9285)
33. STATE THE DIVISIONS OF OADR.
• a. Secretariat – shall provide necessary support and discharge such other functions and duties as may
be directed by the Executive Director
• .b. Public information and Promotion Division – 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.
• c. Training Division – shall be charged with the formulation of effective standards for the training of
ADR practitioners; conduct of training in accordance with such standards; issuance of certifications of
training to ADR practitioners and ADR service providers who have undergone the professional training
provided by the OADR; and the coordination of the development, implementation, monitoring and
evaluation of government and private sector ADR programs.
• d. Records and Library 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. (Art. 2.4., IRR, RA 9285)
34. WHAT IS ADVISORY COUNCIL? STATE ITS
COMPOSITION
• There is also created an Advisory Council composed of a representative from each of the
following:
• a. Mediation profession;
• b. Arbitration profession;
• c. ADR organizations;
• d. IBP; and
• e. Academe.
• The members of the Council, who shall be appointed by the Secretary of Justice upon the
recommendation of the OADR Executive Director, shall choose a Chairman from among
themselves. (Art. 2.5., IRR, RA 9285)
35. WHAT IS THE ROLE OF THE ADVISORY COUNCIL?
• The Advisory Council shall advise the Executive Director
on policy, operational and other relevant matters. The
Council shall meet regularly , at least once every two (2)
months, or upon call by the Executive Director. (Art. 2.6.,
IRR, RA 9285)
