ANTHONY P.

VITOR
Presiding Judge
Municipal Circuit Trial Court
Jabonga-Kitcharao, Agusan del Norte
 Making Sense
of Conflict And when
Perceptions you look
What do again,

you see? do you see

something
different?

We each have our own unique history and character

Each of us is born either male or female

Each one of us is born into a particular way of life

Each one of us has our own values

 Conflict is negative

Conflict is neither positive nor

negative; it just IS.

It is not whether or not we have

conflict that matters but how we
deal with them
 Conflict is about competing.

Winning is not the goal in conflict

resolution; problem solving is.

Conflict can be a good opportunity

for constantly improving
relationship
 #1 Healthy relationships have little or no
conflict.
Virtually all relationships have conflict.
Conflicts can be large or small.
John Gottman found no relationship between the
amount of conflict and the health of the relationship.
 #2 Conflict is always destructive.

Research has shown this to be untrue.

Conflict can be constructive.
First Big Fight (FBF) has benefits.
Sense of mutual commitment
Clarifying needs & values
Increasing conflict-resolution skills
Increases trust
 In any conflict, there can only be one
winner.

can become a self-fulfilling prophecy

makes us fight harder for our own
viewpoint
 Recognize whether we believe them
FBF survivors were recognized by their attitudes,
recognizing need for joint effort, and willingness to
adjust
Myths may be unconscious assumptions
 CONFLICT ENERGY
Like Fire

Can be negative

Can be positive
 CONFLICT is a relationship between two or
more parties, who have , or think they have,
incompatible goals

VIOLENCE consists of actions, words,

attitudes, structures or systems that cause
physical, psychological, social or
environmental damage
 To be human is to Conflict is sine qua
experience conflict non of reflection and
We need more honest ingenuity
conflict than less
suppression of
feelings; love and
conflict are
inseparable
 10

9
8 Accomodator 3 Collaborator 1
7 (yield-lose/win) (win/win)

6
Compromiser 2
Cooperativeness- 5
(mini-win/mini-lose)
concern for
relationships
4

2 Avoider 5 Controller 4
(leave-lose/win) (win/lose)
1

0 1 2 3 4 5 6 7 8 9 10

Assertiveness - concern for personal goals

 Individuals typical method of responding to
conflict.
Consistent across time and situations
May be influenced by personality
May be influenced by family learning
May be influenced by culture.
 Accommodating

High degree of interest in the relationship

Low degree of concern about ones own interests

 Accommodating

Prefer harmony to conflict

Want to liked
Perceive confict to damage relationships

Result
Sacrifice own needs to preserve relationship
End up feeling used
Creates a destructive imbalance of power
 Dominating

High degree of interest in own goals

Low degree of interest in relationship or goals of

the other person
 Dominating

Most confrontational style

Aggressive tactics such as threats and insults,
blaming, stonewalling

Goal-oriented, competitive
See conflict as a win-lose situation
 Avoiding

Low degree of interest in pursuing own goals,

relationship, or others goals

May have bad experiences in the past or low

biological tolerance for conflict
 Avoiding

Downplay the significance of the issue

Distract leave the scene
Deny the existence of the conflict

May be suppressing negative emotions, or avoiding

negative emotions.
 Avoiding

Dont learn resolution skills

May be good if risk of conflict is too high.
May be OK for a temporary issue
 Compromising

Moderate degree of interest in own goals

Equally moderate degree of interest in the relationship

and/or goals of the other person.

Value harmony & individual satisfaction and pursue

solutions that are agreeable to both parties.
 Compromising

Compromising would be the most effective style except

for the required sacrifice
meets in the middle
Values equality
 Integrating

Strong interest in pursuing own goals, the

relationship, and in supporting the others goals.

Attempts to resolve without sacrifice

Assumes conflict is normal

 Integrating

Openly disclose viewpoints

Carefully listen to other persons viewpoints
Strive to develop a creative solution that meets both
parties needs completely.

win-win conflict resolution method.

Not always the best choice because of time and effort
involved.
 Data
Interests Problem

Relationship
Structural
Problem
Problem

Values
Differences
 Lack of information
Conflicting information/data
Different interpretations of information
Lack of credibility of information
 Strong emotions
Past unresolved
misunderstandng
and quarrels
Miscommunication
Misunderstanding
Incompatible personalities
Different levels of status or
power.
Differences in beliefs
and attitudes towards
what is good and right
Political
Social
Cultural
Problems caused by external factors, which
cannot be resolved through negotiation
between/among disputing parties.
Needs, aspirations and fears of
disputing parties

Triangle of Needs Satisfaction:

1. Substantive:
Tangible outcomes, like money, jobs,
land, percent of crop, etc.
2. Procedural:
How the disputants want the process of
conflict resolution or management to be:
-- Participatory/consultative;
-- Ease of process; time to
get a decision.
3. Psychological:
How the disputants want to feel or be
treated (respected, appreciated,
trusted)
Needs
Interests
Positions
Stake-holders Position Interests Needs
what we say what we what we
we want really want must have

Landowners Against Political and Land as well

subversion economic as money
Protection by control
the security Access to
forces cheap manual
labor
Building
alliances with
municipal and
state
government
 Stake- Position Interests Needs
holders what we say what we what we
we want really want must have
Indigenous Against Land Land, well
Peasant militarization redistribution being and
Organization Equal Respect for justice
opportunities human rights
Investigation Alliances with
of assassi- other social
nations forces and
democracy
 It is defined as 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, in which a
neutral third party participates to assist in the
resolution of issues. It includes arbitration,
mediation or conciliation, mini-trial, early neutral
evaluation, or any combination thereof. (Sec. 3
(a), R.A. No. 9285)
Others also opined that court is the alternative of
the last resort while others said that it is the only
remedy when others fail.

It originated in a homogenous community where

people value long-lasting relationship.

But this structure has been destroyed by migration

and urbanization of the community making
alternative dispute resolution ineffective and
replaced by judicial adjudication.
Historically, Filipinos submitted their disputes to
the decisions of their elders, which they
respected and carried out

Judges are persons of the locality, who knew the

conflict, the customs and usages
After discovering the Philippines, Spain
imposed the Law of Indies. The law did not
only introduce the legal fiction and western
concept of jura regalia, it also reduced existing
justice and legal systems of the nonhispanized
indios and moros to mere customs and
traditions.

By doing so, customs and traditions, by law,

automatically became a secondary source of
law operating in their laws absence and
technically, never in contradiction to it
 Par. 5, Sec. 5, Article VIII of the 1987 Philippine
Constitution mandates the Supreme Court to
promulgate rules that shall provide a simplified
and inexpensive procedure for the speedy
disposition of cases.

Inferior courts are required to consider the

possibility of an amicable settlement or a
submission to alternative modes of dispute
resolution (Sec. 2 (a), Rule 18 , Rules of Court).
 In civil cases, an offer of compromise is not an
admission of any liability, and is not admissible
in evidence against the offeror. (Rule 130, Sec.
27, Rules of Court)
 R.A. No. 876 (Arbitration Law) authorized the making of
arbitration and submission agreements and provided for
the appointment of arbitrators and the procedure for the
arbitration in civil controversies

R.A. No. 9285 (ADR Law of 2004) which declares that it is

a policy of the State to encourage and actively promote the
use of Alternative Dispute Resolution systems as an
important means to achieve speedy and impartial justice
and declog court dockets.
 Lawyers in the Philippines are mandated to
encourage their clients to avoid, end or settle a
controversy if it will admit of a fair settlement
(Rule 1.04, Chapter 1, Code of Professional
Responsibility)

Lawyers are also mandated not to encourage

litigation or delay the cause of his client just for
any corrupt motive or interest. (Rule 1.03,
Chapter 1, Code of Professional Responsibility)
 The court is ordered to endeavor to persuade the
parties to a civil case to agree upon some fair
compromise. (Art. 229, Civil Code)

The court has even the power to lessen the

liability of the losing party who has shown a
sincere desire to settle (Art. 231, Civil Code)
 Misuse of due process;

Abuse of legal technicalities;

Intervention of political pressure in court cases;

Sheer weight of court litigations arising from

development and growth;

Dilatory tactics of lawyers;

Neglect and laxity of the part of the judges

 An inefficient and mismanaged court system;

The disorganized state of court-connected agencies;

Lack of preparation on the part of litigants and lawyers;

The trigger-happy mind-frame of lawyers to engage in

long-winded examinations of witnesses;

The lawyers propensity to elevate their cases to the

appellate courts by needlessly filing petitions
 Appeal even minor cases to the appellate courts or
even to the Supreme Court with the claim that
these cases involve issues of law;

File numerous unnecessary petitions;

Inform the judge that one is ill or that a client is

or a key witness;
 Present witnesses and evidence in a piecemeal
fashion;

Arrive late or not at all and blame this delay on

heavy traffic or ones car breaking down;
 Have a third party receive the postal delivery of
the court order requiring the client or witness to
appear in court;

Purposely protract the cross-examination of

witness; and

Report that one is prevented from appearing in

court because one is urgently and unexpectedly
needed in another court case and many more
 Interminable delay

High cost

Incomprehensible proceedings

Restricted access

Unsuitability of adjudication for minor disputes

+ You pay + Taxpayer pays
+ Court Fees + Court Costs
+ Legal Fees + Judicial Time
+ Cost of witnesses + Staff Time
and experts + Building
+ Your own time + other overhead
+ Legal Aid
 INFORMAL

Negotiation

Mediation

Conciliation

Expert appraisal

Early-neutral evaluation
Mini-trial

Arbitration

FORMAL/ADVERSARIAL
 Conflict partly
Conflict Resolved for Conflict
Resolved for both Resolved for
Conflict not both
resolve one

PASSIVE ACTIVE

Avoidance Competition Compromise Co-operation

(lose/Lose) (win/loss) (part win/part (win/win)
loss)
Submission
(lose/win)
 Quicker
Cheaper
Informal
Confidentiality
Choice of neutral
Enhanced relationships
 More remedies
More disputants
Finality
Hearing certainty
Own procedure
Clarify issues
 People: separate people from the problem
Interests: Focus on interest, not positions
Options: Generate a variety of possibilities
before deciding what to do
Criteria: insist that the result be based on some
objective standard

Develop your BATNA and WATNA

 PASSIVE FACILITATIVE ACTIVE INTERVENOR DECIDER

Provide
forum/focus
Assist in
negotiation
processing Suggest
options
Suggest what
to do Will make
Gives opinion decision or
on merit give written
evaluation
talking
Getting the
Settle if Aims to Actively
parties Will settle
parties settle chases
together and
want to settlement
talking
 Court-annexed mediation and

Court-referred mediation.
 Standards Mediation Adjudication

1. Product Compromise Judgment

Agreement
2. Maker of Parties Judge
Product themselves
3. Focus Person Act

4. Outlook Forward Backward

5. Process Flexible Rigid

6. Result Win-Win Win-Lose

ALTENATIVE DISPUTE RESOLUTION ACT
OF 2004
(R.A. No. 9285)
 to actively promote party autonomy in the
resolution of disputes.

encourage and actively promote the use of ADR as

an important means to achieve speedy and
impartial justice and declog court dockets.

provide means for the use of ADR as an efficient

tool and an alternative procedure for the
resolution of appropriate cases.
 Enlist active private sector participation in the
settlement of disputes through ADR.

The Supreme Court may adopt any ADR system

 Labor disputes covered by Labor Code of the
Philippines;
the civil status of persons;
the validity of a marriage;
any ground for legal separation;
the jurisdiction of courts;
future legitime;
criminal liability; and
those which by law cannot be compromised.
AM. No, 11-1-6-SC-PHILJA, January
11, 2011
 Court-annexed mediation (CAM)

Judicial Dispute Resolution (JDR)

Appeal Court Mediation (ACM)

 All civil cases and the civil liability of criminal
cases covered by the Rule on Summary
Procedure, including the civil liability for
violation of B.P. 22, except cases which may not
be compromised.

Special proceedings for the settlement of estates.

All civil and criminal cases filed with a certificate

to file action issued by the Lupong Tagapamayapa
 The civil aspect of Quasi-Offenses under Title 14
of the Revised Penal Code.

The civil aspect of estafa, theft and libel.

All civil cases, probate proceedings, forcible entry

and unlawful, cases involving title to or possession
of real property or an interest therein, and habeas
corpus cases decided by the first level courts in
the absence of the RTC judge, brought on appeal
from the exclusive and original jurisdiction
granted to the first level courts.
 The civil aspect of less grave felonies punishable
by correctional penalties not exceeding six years
imprisonment, where the offended party is a
private person.
 Civil cases which by law cannot be compromised
(Article 2035, New Civil Code);

2. Other criminal cases not covered under

paragraphs 3 to 6 above;

3. Habeas Corpus petitions;

4. All cases in R.A. No. 9262; and

5. Cases with pending application for Restraining
Orders/Preliminary Injunctions.

However, in cases covered under 1, 4 and 5 where

the parties inform the court that they have agreed
to undergo mediation on some aspects thereof,
e.g., custody of minor children, separation of
property, or support pendente lite, the court shall
refer them to mediation.
 Judicial proceedings into two stages, namely:
a) from the filing of a complaint up to the conduct of
CAM and JDR during the pre-trial stage; and (

b) from the pre-trial proper up to trial and judgment.

 The court or any party may move to sanction a
party who fails to appear or any person who
engages in abusive conduct during the
proceedings.

A representative of a party who is unable to

attend in person must be fully authorized to
appear, negotiate and enter into a compromise
With respect to juridical entities, the
representative must also be a ranking corporate
officer.

Both CAM and JDR are confidential.

The role of lawyers in CAM and JDR as that of
adviser and consultant to their clients. They are
encouraged to drop their combative role in the
adjudicative process and to give up their
dominant role in judicial trials, in order to allow
the parties more opportunities to craft their own
agreement.
 Appellate Court Mediation (ACM) is a mediation
program in the Court of Appeals (CA), corollary to
Court-Annexed Mediation in the lower courts. It
provides a conciliatory approach in conflict resolution.
Through ACM, the CA promotes a paradigm shift in
resolving disputes from a rights-based (judicial) to an
interest-based (mediation) process.
In Appellate Court Mediation, the case has been tried
and judgment has been rendered at the lower courts
but has been appealed to the Court of Appeals (CA).
Thus, Party A already won the case in the lower courts
but Party B appealed the decision to the CA.
 Civil cases brought on ordinary appeal or
petition for review.

Rule 43, Rules of Court

Special civil actions for certiorari, except

those involving pure questions of law.
 Habeas corpus cases involving custody of
minors, with the consent of the parties,
provided that the minor is not detained for
commission of a criminal offense.

Criminal cases cognizable by Lupon

 Civil cases, which by law cannot be compromised.

Criminal cases habeas corpus of minors not

detained for a criminal offense

Habeas corpus petitions involving custody of

minors when the subject is detained for
commission of a criminal offense.

Cases with pending application for RO/PI unless

both parties request for mediation
 All matters discussed or communicated by the
parties (including the request for mediation)
during mediation conferences and documents
presented before the PMC, JDR Judge and
PMCCA are privileged and confidential. These
are inadmissible as evidence for any purpose in
any other proceedings. However, evidence or
information that is otherwise admissible does
not become inadmissible solely by reason of its
use id mediation. This is to prevent the abuse
of this privilege by crafty parties or their
counsel.
 Municipal Trial Courts for payment of money where
the value of the claim does

Not exceeding P100,000.00 exclusive of interest and

costs.
APPLICABILITY

all actions which are: (a) purely civil in nature

where the claim or relief prayed for by the
plaintiff is solely for payment or reimbursement
of sum of money, and

the civil aspect of criminal actions, either filed

before the institution of the criminal action, or
reserved upon the filing of the criminal action in
court
THESE CLAIMS OR DEMANDS MAY BE:

(a) For money owed under any of the following:

1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;
(b) For damages arising from any of the following:
1. Fault or negligence;
2. Quasi-contract; or
3. Contract;

(c) The enforcement of a barangay amicable settlement or an

arbitration award involving a money claim not more
than Php 100,000.00
APPEARANCE

The parties shall appear at the designated date of

hearing personally.

The representative must have a SPA, not a lawyer

and related to or next of kin of the individual
party

Juridical entities shall not be represented by a

lawyer in any capacity.
 APPLICABILITY

a) All issues under the Family Code and other laws

in relation to support, custody, visitation, property
relations, guardianship of minor child, and other
issues which can be subject of a compromise
agreement, except:, R. As. 9262, 7610, 8353 , 9208
and R.A.
 2) civil status of persons
3) validity of marriage
4) future support
5) jurisdiction
6) grounds for legal separation
7) future legitime

b) Settlement of estates
Personal Appearance.

Individual parties must personally appear for family

mediation.
 objective of filing a case is to establish a societal norm,
legal precedents or principle for the guidance of
subsequent cases that have the same facts and issues to be
considered;

cases which involves constitutional and statutory

questions or constructions;

case involving consumer fraud;

if there is public interest involved in a certain private

disputes;
 when there is certainty that the other party would refuse
to comply with the agreement;

if one party uses ADR for fishing expedition purpose;

offence made by the defendant involves threat to the

peace and order of a society or community;

proper for litigants who have no financial power or social

status to safeguard their rights and preserve their
leverage in dealing with others;
 Reduce delay, clear lists, reduce backlog and assist
in case management

Reduce cost to the court, to parties, government

and the taxpayers

Achieve moral education/transformation, educate

the legal profession and change the legal culture
Settle with your opponent quickly while on the way
to court with him. Otherwise, your opponent will
hand you over to the judge, and the judge will
hand you over to the guard, and you will be
thrown into prison. Amen and I say to you, you
will not be released until you have paid the last
penny. (Mat 5:25-26)
Thank you