Dispute Resolution
and
Crisis Management
Part I
Dispute resolution and crisis
management is a study involving the
understanding, analysis and applying
best strategies in resolving disputes at
the elementary stage.
Dispute Resolution
Dispute :
By definition, a dispute refers to an argument or
a disagreement between two parties over an
issue (Barry and Leite 2015). In the project
management per perspective, disputes involve
disagreements, or arguments within the project
team.
Dispute Resolution refers to a technique of
settling the conflicts or claims between two
parties, i.e. employer and employees. The
technique aims at achieving fairness for both
the groups and arriving at an agreement
between by consensus, often initiated by a
third party. These disputes are caused by
wage demands, unfair labor practices, political
interferences, union rivalry, etc.
Is any event or period that will lead, or may lead, to
an unstable and dangerous situation affecting an
individual, group, or all of society.
Crises are negative changes in the human or
environmental affairs, especially when they occur
abruptly, with little or no warning. More loosely, a
crisis is a testing time or an emergency
Crisis Management :
Crisis :
Is defined as the process undertaken by any
organization to prevent, prepare for, and
respond to events that threaten to harm people
or property, seriously interrupt operations,
damage reputation, or impact the bottom line.
Crisis management is the application of
strategies designed to help an organization deal
with a sudden and significant negative event.
Crisis Management :
Crisis Management Goals
Crisis management seeks to minimize the
damage a crisis causes. However, this
does not mean crisis management is the
same thing as crisis response. Instead,
crisis even happens. Crisis management
practices are engaged before, during and
after a crisis.
Crisis response and management
Post-crisis and resolution
Stages of a Crisis
Warning and risk assessment
1
2
3
Crisis management plans are like this umbrella
protecting someone from a storm. being prepared
saves money. saves time, saves reputation, and can
even save lives. Planning means less opportunity for
negative situations to ever become true crises With
crisis-specific planning and protocols in place you
have the tools to handle sudden negative issues in a
way that will at least reduce, and sometimes
completely avoid, their impact.
Why do we need a crisis
management plan?
• Crisis response procedures
• Crisis management-related policies.
• Notification and response protocols for the Crisis Response
Team.
• Emergency notification procedures.
• Spokesperson resources.
• Key messaging for internal and external audiences.
• Company-specific scenario planning.
• Additional crisis-response support tools.
What’s in a good plan?
Who manages the crisis?
In order to survive crisis situation you need a
specific team that is responsible for not only
keeping the organization running, but also
communicating with important audiences such as
employees, customers, shareholders, and the
press in order to mitigate the potential for
reputation damage that comes with any
disruption.
This is why you have a Crisis Management Team (CMT). The CMT is
typically composed of a crisis manager (most often an outside consultant
though some large corporations do maintain in-house experts), high-level
representatives from departments such as operations, legal, human
resources, and public relations, along with key executives who have the
power to make major decisions and the ability to act as spokespersons if
needed. In addition, ad-hoc members are often brought in to provide
support for specific issues. Some of the most common ad-hoc members
might be IT specialists, finance experts, security pros, or scientific advisors
like epidemiologists.
Responsibility of the Core Crisis Management
Team
• Ensuring their organization has proper planning and training in place.
• Monitoring for potential crises before they create lasting damage.
• Overall organization and execution of crisis response.
• Protecting the safety of all employees.
• Protecting the reputation of the company and its leadership.
• Assisting legal counsel in litigation prevention measures.
Community Problem
Identification
What is a Community?
While we traditionally think of a community as
the people in a given geographical location the
word can really refer to any group sharing
something in common. This may refer to smaller
geographic areas -- a neighborhood, a housing
project or development, a rural area --or to a
number of other possible communities within a
larger, geographically-defined community.
Understanding the community entails understanding it in a number of ways.
Whether or not the community is defined geographically, it still has a
geographic context - a setting that it exists in. Getting a clear sense of this
setting maybe key to a full understanding of it. At the same time, it’s
important to understand the specific community you’re concerned with. You
have to get to know its people – their culture, their concerns, and
relationships -- and to develop your own relationships with them as well.
What do we mean by understanding and
describing the Community?
Problems are part of life. We all deal with individual problems, families
have family issues, and communities have community problems.
Communities must come together to solve their problems, just like families.
When communities try to solve problems, they start just like individuals
do. They must reflect and analyze the issue to help come to a solution. But,
before discussing solutions, problems must be identified.
Communities Have Problems, Just like People
Criteria when Identifying Community Problems
• The problem occurs too frequently (frequency)
• The problem has lasted for a while (duration)
• The problem affects many people (scope, or range)
• The problem is disrupting to personal or community life,
and possibly intense (severity)
• The problem deprives people of legal or moral rights
(equity)
• The issue is perceived as a problem (perception)
When to Analyze a Community Problem?
Every community problem benefits from analysis. The
only possible exception is when the problem is an
immediate crisis that requires action at this very moment.
And even then, reviews should be conducted after to help
plan for the next crisis.
Why Analyze a Community Problem?
Analyzing community problems is a way of thinking
carefully about a problem or issue before acting on a
solution. It first involves identifying reasons a problem
exists and then, identifying possible solutions and a plan
for improvement.
An in-depth analysis will lead to better long-run solutions.
Why Analyze a Community Problem?
Analyzing community problems is a way of thinking
carefully about a problem or issue before acting on a
solution. It first involves identifying reasons a problem
exists and then, identifying possible solutions and a plan
for improvement.
An in-depth analysis will lead to better long-run solutions.
How to Analyze a Community Problem?
1. Justify the choice of the problem.
2. Frame the problem.
3. Identify whose behavior and/or what and how environmental factors need to
change for the problem to begin to be solved.
4. Analyze the root causes of the problem.
5. Identify the restraining and driving forces that affect the problem.
6. Find any relationships that exist among the problem you're concerned with
and others in the community.
7. Identify personal factors that may contribute to the problem.
8. Identify environmental factors that may contribute to the problem.
9. Identify targets and agents of change for addressing the problem.
Any method of resolving disputes without litigation. Abbreviated as ADR. Public
courts may be asked to review the validity of ADR methods, but they will rarely
overturn ADR decisions and awards if the disputing parties formed a valid
contract to abide by them.
Alternative Dispute Resolution ("ADR") refers to any means of settling disputes
outside of the courtroom. ADR typically includes early neutral evaluation,
negotiation conciliation, mediation, and arbitration. As burgeoning court queues,
rising costs of litigation, and time delays continue to plague litigants, more states
have begun experimenting with ADR programs. Some of these programs are
voluntary; others are mandatory.
Alternative Dispute Resolution
• ARBITRATION
• MEDIATION
• CONCILIATION
Commonly User ADR Methods
• Case evaluation
• Early neutral evaluation
• Family group conference
• Neutral fact-finding
• Expert determination
• Ombuds
Other Different Forms of ADR
• Flexibility in scheduling, and suitability for disputes with multiple parties
• Less complex and less formal
• Parties ability to choose a neutral third party with expertise in the area of
the dispute to mediate the dispute
• Ability to obtain a practical solution tailored to the needs of all parties
• Likelihood of a speedy settlement
• Confidentiality ensures the preservation of the parties' reputations and
relationships
Benefits of Alternative
Dispute Resolution
There are many benefits of alternative dispute resolution in
civil law. ADR can be used to resolve virtually any
disagreement, including those between neighbors, business
partners and labor unions, as well as family law matters. ADR
is useful in solving issues related to breach of contract, wage
negotiations, property matters, and libel or slander.
Alternative Dispute
Resolution in Civil Law
While alternative dispute resolution in criminal law has been used for some time
in other countries. The use of plea bargaining may be considered a type of ADR,
reducing the burden on the criminal justice system by allowing offenders to agree
to a punishment that is agreeable to all. With a steep increase in white collar
crime over the past few decades, the court system is making greater use of
certain types of alternative dispute resolution. Because of the need to ensure the
rights of an individual accused of a crime are protected, itis thought to be unlikely
that the use of ADR in criminal matters will become as widely accepted as in civil
matters.
Alternative Dispute
Resolution in Criminal Law
In family law matters, all parties are encouraged to reach their own solutions
through the use of any of the types of alternative dispute resolution. By
eliminating the need for a trial, the stress and expense for all parties can be
greatly reduced. Settlement conferences and mediation are common
methods used to reach an agreement as to the division of marital property
and debt, and such an agreement may include all issues, include those
related to the children.
Alternative Dispute
Resolution in Family Law
1. As embodied in section 2 of Republic Act No. 9285or the
Alternative Dispute Resolution Act of 20042 enacted by
the Philippine Congress, it is the declared policy of the
State to actively promote party autonomy in the
resolution of disputes or the freedom of the parties to
make their own arrangements to resolve their disputes.
Alternative Dispute
Resolution (ADR) In the
Philippines
The State shall encourage and actively
promote the use of ADR as an important
means to achieve speedy and impartial
justice and declog court dockets. To
achieve this, the State shall provide
means for the use of ADR as an effective
tool and alternative procedure for the
resolution of appropriate cases.
● The need for a law to regulate arbitration in
general was acknowledged when Republic Act No. 876
or Philippine Arbitration Law of 19536 was passed.
R.A.876 was adopted to supplement the provisions of
chapters one and two, Title XIV of the 1950 Civil
Code of the Philippines on compromises and
arbitrations. The enactment of R.A. No. 876
officially adopted the view that arbitration is a
speedy and effective method of settling disputes
side from the ADR Act and Republic Act No. 876.
● Executive Order No. 1008 otherwise known as the
"Construction Industry Arbitration Law of 1985“
governs arbitration of construction disputes in the
Philippines.
• the PCHC (Philippine Clearing House Corporation) wherein member banks cannot invoke
the jurisdiction of the trial court without prior recourse to the PCHC Arbitration
Committee;
• the Philippine Dispute Resolution Centre, Inc established by the Philippine Chamber of
Commerce and Industry which was created to encourage the use of modes of ADR for
settlement of domestic and international disputes in the Philippines;
• the Office for ADR, an agency attached to the DOJ which is currently being formed to
promote the use of ADR in the private and public sector;
Several Organizations and
Centers Dealing with ADR Methods
In the Philippines
• the Construction Industry Arbitration Commission (CIAC) which has
original and exclusive jurisdiction over construction disputes which are
subject to an arbitration clause or arbitration agreement;
• and those voluntary arbitrators governed by the Labor Code
• The International Chamber of Commerce (ICC) International Arbitration
Court remains to be the most established and reputable international
arbitral institution.
• In Asia, the two leading centers for international
commercial arbitration are:
- Singapore International Arbitration Centre (SIAC) of
Singapore and
- the Hongkong International Arbitration Centre
(HKIAC) of Hongkong.
CREDITS: This presentation template was created by Slidesgo, and includes icons by
Flaticon, and infographics & images by Freepik
THANKS!
That Ends my presentation
Please keep this slide for attribution

Part-1-Dispute-Resolution-and-Crisis-Management-Copy (1).pptx

  • 1.
  • 2.
    Dispute resolution andcrisis management is a study involving the understanding, analysis and applying best strategies in resolving disputes at the elementary stage.
  • 3.
    Dispute Resolution Dispute : Bydefinition, a dispute refers to an argument or a disagreement between two parties over an issue (Barry and Leite 2015). In the project management per perspective, disputes involve disagreements, or arguments within the project team.
  • 4.
    Dispute Resolution refersto a technique of settling the conflicts or claims between two parties, i.e. employer and employees. The technique aims at achieving fairness for both the groups and arriving at an agreement between by consensus, often initiated by a third party. These disputes are caused by wage demands, unfair labor practices, political interferences, union rivalry, etc.
  • 5.
    Is any eventor period that will lead, or may lead, to an unstable and dangerous situation affecting an individual, group, or all of society. Crises are negative changes in the human or environmental affairs, especially when they occur abruptly, with little or no warning. More loosely, a crisis is a testing time or an emergency Crisis Management : Crisis :
  • 6.
    Is defined asthe process undertaken by any organization to prevent, prepare for, and respond to events that threaten to harm people or property, seriously interrupt operations, damage reputation, or impact the bottom line. Crisis management is the application of strategies designed to help an organization deal with a sudden and significant negative event. Crisis Management :
  • 7.
    Crisis Management Goals Crisismanagement seeks to minimize the damage a crisis causes. However, this does not mean crisis management is the same thing as crisis response. Instead, crisis even happens. Crisis management practices are engaged before, during and after a crisis.
  • 8.
    Crisis response andmanagement Post-crisis and resolution Stages of a Crisis Warning and risk assessment 1 2 3
  • 9.
    Crisis management plansare like this umbrella protecting someone from a storm. being prepared saves money. saves time, saves reputation, and can even save lives. Planning means less opportunity for negative situations to ever become true crises With crisis-specific planning and protocols in place you have the tools to handle sudden negative issues in a way that will at least reduce, and sometimes completely avoid, their impact. Why do we need a crisis management plan?
  • 10.
    • Crisis responseprocedures • Crisis management-related policies. • Notification and response protocols for the Crisis Response Team. • Emergency notification procedures. • Spokesperson resources. • Key messaging for internal and external audiences. • Company-specific scenario planning. • Additional crisis-response support tools. What’s in a good plan?
  • 11.
    Who manages thecrisis? In order to survive crisis situation you need a specific team that is responsible for not only keeping the organization running, but also communicating with important audiences such as employees, customers, shareholders, and the press in order to mitigate the potential for reputation damage that comes with any disruption.
  • 12.
    This is whyyou have a Crisis Management Team (CMT). The CMT is typically composed of a crisis manager (most often an outside consultant though some large corporations do maintain in-house experts), high-level representatives from departments such as operations, legal, human resources, and public relations, along with key executives who have the power to make major decisions and the ability to act as spokespersons if needed. In addition, ad-hoc members are often brought in to provide support for specific issues. Some of the most common ad-hoc members might be IT specialists, finance experts, security pros, or scientific advisors like epidemiologists.
  • 13.
    Responsibility of theCore Crisis Management Team • Ensuring their organization has proper planning and training in place. • Monitoring for potential crises before they create lasting damage. • Overall organization and execution of crisis response. • Protecting the safety of all employees. • Protecting the reputation of the company and its leadership. • Assisting legal counsel in litigation prevention measures.
  • 14.
  • 15.
    What is aCommunity? While we traditionally think of a community as the people in a given geographical location the word can really refer to any group sharing something in common. This may refer to smaller geographic areas -- a neighborhood, a housing project or development, a rural area --or to a number of other possible communities within a larger, geographically-defined community.
  • 16.
    Understanding the communityentails understanding it in a number of ways. Whether or not the community is defined geographically, it still has a geographic context - a setting that it exists in. Getting a clear sense of this setting maybe key to a full understanding of it. At the same time, it’s important to understand the specific community you’re concerned with. You have to get to know its people – their culture, their concerns, and relationships -- and to develop your own relationships with them as well. What do we mean by understanding and describing the Community?
  • 17.
    Problems are partof life. We all deal with individual problems, families have family issues, and communities have community problems. Communities must come together to solve their problems, just like families. When communities try to solve problems, they start just like individuals do. They must reflect and analyze the issue to help come to a solution. But, before discussing solutions, problems must be identified. Communities Have Problems, Just like People
  • 18.
    Criteria when IdentifyingCommunity Problems • The problem occurs too frequently (frequency) • The problem has lasted for a while (duration) • The problem affects many people (scope, or range) • The problem is disrupting to personal or community life, and possibly intense (severity) • The problem deprives people of legal or moral rights (equity) • The issue is perceived as a problem (perception)
  • 19.
    When to Analyzea Community Problem? Every community problem benefits from analysis. The only possible exception is when the problem is an immediate crisis that requires action at this very moment. And even then, reviews should be conducted after to help plan for the next crisis.
  • 20.
    Why Analyze aCommunity Problem? Analyzing community problems is a way of thinking carefully about a problem or issue before acting on a solution. It first involves identifying reasons a problem exists and then, identifying possible solutions and a plan for improvement. An in-depth analysis will lead to better long-run solutions.
  • 21.
    Why Analyze aCommunity Problem? Analyzing community problems is a way of thinking carefully about a problem or issue before acting on a solution. It first involves identifying reasons a problem exists and then, identifying possible solutions and a plan for improvement. An in-depth analysis will lead to better long-run solutions.
  • 22.
    How to Analyzea Community Problem? 1. Justify the choice of the problem. 2. Frame the problem. 3. Identify whose behavior and/or what and how environmental factors need to change for the problem to begin to be solved. 4. Analyze the root causes of the problem. 5. Identify the restraining and driving forces that affect the problem. 6. Find any relationships that exist among the problem you're concerned with and others in the community. 7. Identify personal factors that may contribute to the problem. 8. Identify environmental factors that may contribute to the problem. 9. Identify targets and agents of change for addressing the problem.
  • 23.
    Any method ofresolving disputes without litigation. Abbreviated as ADR. Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory. Alternative Dispute Resolution
  • 24.
    • ARBITRATION • MEDIATION •CONCILIATION Commonly User ADR Methods
  • 25.
    • Case evaluation •Early neutral evaluation • Family group conference • Neutral fact-finding • Expert determination • Ombuds Other Different Forms of ADR
  • 26.
    • Flexibility inscheduling, and suitability for disputes with multiple parties • Less complex and less formal • Parties ability to choose a neutral third party with expertise in the area of the dispute to mediate the dispute • Ability to obtain a practical solution tailored to the needs of all parties • Likelihood of a speedy settlement • Confidentiality ensures the preservation of the parties' reputations and relationships Benefits of Alternative Dispute Resolution
  • 27.
    There are manybenefits of alternative dispute resolution in civil law. ADR can be used to resolve virtually any disagreement, including those between neighbors, business partners and labor unions, as well as family law matters. ADR is useful in solving issues related to breach of contract, wage negotiations, property matters, and libel or slander. Alternative Dispute Resolution in Civil Law
  • 28.
    While alternative disputeresolution in criminal law has been used for some time in other countries. The use of plea bargaining may be considered a type of ADR, reducing the burden on the criminal justice system by allowing offenders to agree to a punishment that is agreeable to all. With a steep increase in white collar crime over the past few decades, the court system is making greater use of certain types of alternative dispute resolution. Because of the need to ensure the rights of an individual accused of a crime are protected, itis thought to be unlikely that the use of ADR in criminal matters will become as widely accepted as in civil matters. Alternative Dispute Resolution in Criminal Law
  • 29.
    In family lawmatters, all parties are encouraged to reach their own solutions through the use of any of the types of alternative dispute resolution. By eliminating the need for a trial, the stress and expense for all parties can be greatly reduced. Settlement conferences and mediation are common methods used to reach an agreement as to the division of marital property and debt, and such an agreement may include all issues, include those related to the children. Alternative Dispute Resolution in Family Law
  • 30.
    1. As embodiedin section 2 of Republic Act No. 9285or the Alternative Dispute Resolution Act of 20042 enacted by the Philippine Congress, it is the declared policy of the State to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes. Alternative Dispute Resolution (ADR) In the Philippines
  • 31.
    The State shallencourage and actively promote the use of ADR as an important means to achieve speedy and impartial justice and declog court dockets. To achieve this, the State shall provide means for the use of ADR as an effective tool and alternative procedure for the resolution of appropriate cases.
  • 32.
    ● The needfor a law to regulate arbitration in general was acknowledged when Republic Act No. 876 or Philippine Arbitration Law of 19536 was passed. R.A.876 was adopted to supplement the provisions of chapters one and two, Title XIV of the 1950 Civil Code of the Philippines on compromises and arbitrations. The enactment of R.A. No. 876 officially adopted the view that arbitration is a speedy and effective method of settling disputes side from the ADR Act and Republic Act No. 876. ● Executive Order No. 1008 otherwise known as the "Construction Industry Arbitration Law of 1985“ governs arbitration of construction disputes in the Philippines.
  • 33.
    • the PCHC(Philippine Clearing House Corporation) wherein member banks cannot invoke the jurisdiction of the trial court without prior recourse to the PCHC Arbitration Committee; • the Philippine Dispute Resolution Centre, Inc established by the Philippine Chamber of Commerce and Industry which was created to encourage the use of modes of ADR for settlement of domestic and international disputes in the Philippines; • the Office for ADR, an agency attached to the DOJ which is currently being formed to promote the use of ADR in the private and public sector; Several Organizations and Centers Dealing with ADR Methods In the Philippines
  • 34.
    • the ConstructionIndustry Arbitration Commission (CIAC) which has original and exclusive jurisdiction over construction disputes which are subject to an arbitration clause or arbitration agreement; • and those voluntary arbitrators governed by the Labor Code • The International Chamber of Commerce (ICC) International Arbitration Court remains to be the most established and reputable international arbitral institution.
  • 35.
    • In Asia,the two leading centers for international commercial arbitration are: - Singapore International Arbitration Centre (SIAC) of Singapore and - the Hongkong International Arbitration Centre (HKIAC) of Hongkong.
  • 36.
    CREDITS: This presentationtemplate was created by Slidesgo, and includes icons by Flaticon, and infographics & images by Freepik THANKS! That Ends my presentation Please keep this slide for attribution