Understanding Different Methods of Dispute Resolution

Dispute resolution refers to the process of resolving conflicts or disagreements between two or more parties in a way that is mutually acceptable, with the goal of reaching a fair and equitable outcome. Disputes can arise in many contexts, including legal, business, family, and interpersonal relationships. The process of dispute resolution can involve formal or informal mechanisms and may be handled through negotiation, mediation, arbitration, or litigation. Each of these methods has its own distinct characteristics, advantages, and drawbacks, depending on the nature of the dispute and the parties involved.

One of the most common forms of dispute resolution is negotiation, where the parties directly involved in the dispute attempt to reach an agreement without the involvement of a third party. Negotiation is often the least formal method of dispute resolution and relies on open communication, mutual understanding, and compromise. The process can be particularly effective when the parties have a pre-existing relationship or when they are looking to maintain ongoing cooperation. The primary benefit of negotiation is that it gives the parties control over the outcome, allowing them to tailor the resolution to their specific needs. However, negotiation can also be challenging if the parties have unequal power dynamics or if they are unwilling to compromise.

Another widely used method of dispute resolution is mediation. In mediation, an impartial third party, known as a mediator, facilitates the discussion between the parties to help them reach a mutually acceptable resolution. Unlike negotiation, mediation involves an external individual who guides the conversation, but the mediator does not have the authority to impose a decision. The mediator’s role is to assist the parties in finding common ground and understanding each other’s perspectives. Mediation is particularly beneficial in disputes where the parties want to preserve their relationship or when the conflict is highly emotional. The non-adversarial nature of mediation often helps reduce the tension that can arise in more formal dispute resolution methods. However, mediation is not always effective if one or both parties are unwilling to cooperate or if there is a significant power imbalance between the parties.

Arbitration is another common form of dispute resolution, especially in commercial or legal settings. In arbitration, a neutral third party, known as an arbitrator, is appointed to hear the arguments from both sides and make a binding decision. Arbitration can be more formal than negotiation or mediation, but it is generally less formal than a court trial. The arbitrator’s decision is final and legally enforceable, similar to a court judgment. Arbitration is often used in contractual disputes, particularly in business or labor relations, as it can be quicker and less costly than litigation. However, one drawback of arbitration is that it eliminates the parties’ ability to appeal the

1. What is Conflict? A conflict is an activity takes place when conscious beings (individuals or groups) wish to carry out mutually inconsistent acts concerning their wants, needs or obligations. (Nicholson, M., 1992) Intra-personal vs inter-personal conflicts. CONFLINGERE – “to come together for a battle

2. 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 becomes the engine for social change. Conflict theory originated in the work of Karl Marx (bourgeoisie vs proletariat) Other theories : Feminist Theory Critical Race Theory Postmodern Theory and Postcolonial Theory Queer Theory Post-structural Theory, and Theories of Globalization and World Systems

3. WHAT is REPUBLIC ACT No. 9285? This Act is known as the “ Alternative Dispute Resolution Act of 2004” 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 heir 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.

4. Doess RA 9285 limtis 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. (Sec. 2, RA 9285) 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 participated to assist in the resolution of issues, which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof. (Sec 3, para a, RA 9285)

5. ALTERNATIVE DISPUTE RESOLUTION SYSTEM (ADR) Any process or procedure used to resolve a dispute or controversy. Out of control resolution *other than by adjudication of a preciding judge of a court or an officer of a government agency. A neutral third party ; to assist to the resolution of issues, “Model Law” means the Model Law on Internal Commercial Arbitration adopted by the United Nations Commission on Internal Trade Law on 21 June 1985; New York Convention means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards approved in 1958 and ratified by the Philippine Senate under Senate Resolution No. 71.

6. What is Arbitration? Arbitration means a voluntary dispute resolution process in which one (1) 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) Who is an Arbitrator? Arbitrator means the person appointed to render an award, alone or with others, in a dispute that is the subject of an arbitration agreement. (Sec. 3, par. e, RA 9285)

7. ADR Provider vs ADR Practitioner ADR Provider - means institutions or persons accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in any Alternative Dispute Resolution System. ADR Practitioner – shall refer to individuals acting as mediator, conciliator, arbitrator or neutral evalurator .

8. What is the liability of ADR Providers / Practitioners? The ADR providers / practitioners shall have the same civil liability for acts done in the performance of their official duties as that of public officers, upon a clear showing of bad faith, malice or gross negligence.

9. 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 nonbiding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. (Sec. 3, par. n, RA 9285)

10. What is Mediation? Mediation means a voluntary process in which a mediator, selected by the disputing parties, facilities communication and negotiation, and assist the parties in reaching a voluntary agreement regarding a dispute (Sec. 3, par. q, RA 9285) Who is a Mediator? Mediator means a person who conducts mediation. (Sec. 3, par. r, RA 9285)

11. 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, RA9285) 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)

12. What is Mini-trial? This means structured dispute resolution method in which the merits of the 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)

13. Mode of Dispute Resolution M ediation, and Conciliation, and A rbitration, N egotiation J udicial Dispute Resolution (JDR) (Mediation and Litigation) C ourt Annexed Mediation (CAM);

14. How arbitration, mediation and conciliation are different from each other? Arbitration is a process where the parties submit their case to a neutral third party who on the bases of discussion determine the dispute and comes to a solution. In mediation , the mediator generally sets out alternatives for the parties to reach out an agreement. Dispute Resolution through conciliation involves the assistance of a neutral third party who plays an advisory role in reaching an agreement.