crim 6- maam maru
The word "Conflict" comes from the Latin word
"conflingere" which means to come together for a battle.
➤ A serious disagreement and argument about something important.
conflict
➤ 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
➤ a natural disagreement or struggle between people which may be physical, or between conflicting ideas.
conflict
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
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
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.
➤ Thisis 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.
accomodating
might take the form of selfiess generosity or charity, obeying another person's order when you would prefer not to, or yielding to another's point of view.
accomodating
➤ It is both assertive and cooperative-the complete opposite of 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.
collaborating
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
compromising
. Compromising gives up more than competing but less than accommodating. Likewise, it addresses an issue more directly than 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
compromising
➤ Aprocess where two parties in a conflict or disagreement try to reach a resolution together.
negotation
➤ to produce something better than the results that can be obtained without negotiation (Fisher et al., 1991)
reason
agreement that is acceptable to all parties, to which they remain committed, and which they indeed implement.
goal
Process where a neutral person assists the parties in discussing the matter and reaching a solution.
mediation
➤ A person who conducts mediation. ➤ Help the parties communicate. ➤ Ensures that communication between the parties is fair and honest.
mediator
cooperative agreement written between the parties to obey the agreed terms and conditions.
moa
writes the MOA which outlines details of the solutions reached by the parties.
mediator
ETHICAL CONDUCT OF A MEDIATOR
1. Competence 2. Impartiality 3. Confidentiality 4. Consent and Self-Determination 5. Separation of Mediation from Counseling and Legal Advice 6. Charging Fees 7. Promotion of Respect and Control of Abuse Process 8. Solicitation or Acceptance of any Gift
A process where a neutral third party makes a decision. The decision-makers in arbitration are called arbitrators. There can be one arbitrator or multiple.
arbitration
Common in commercial disputes, consumer and employment matters, family disputes, or insurance claim.
arbitration
Advantages of Arbitration over Court Hearings and Litigation
1. faster 2. more flexible 3. less argumentative 4. less intimidating 5. less expensive
Any partial or final decision by an arbitrator in resolving the issue or controversy. Generally final and compulsory. May be filed in court and enforced as if it were a court judgement. Often take a long time to receive an arbitration award.
arbitral decisions
an act to authorize the making of arbitration
RA 876-The Arbitration Law
Within the country
domestic arbitration
Between sovereign states that are not settled by diplomatic negotiation or conciliation are often referred, by agreement of both parties, to the decision of a third disinterested party, who arbitrates the dispute with binding force upon parties. the disputant Answer the questions briefly and substantially in your own words. Do not copy what is written on the notes. a. Reconciliation 1. Define the following terminologies 3. International
international arbitration
Private parties engage in cross border trade, often b. Arbitration called "International business transactions", the legal issues that arise fall within the larger concept of private international law.
international commercial arbitration
One that is administered by an institution agreed upon by the parties and conducted in accordance with that institution's arbitration rules. May be referred to as administered arbitration.
institutional arbitration
The parties and the arbitrators independently determine the procedure without the involvement of an arbitral institution. an arbitration administered by an arbitrator and/or the parties themselves.
ad-hoc arbitration
Provide for shorter limits to ensure the speedy resolution of disputes. Small amount disputes.
fadt track arbitration