DEPARTMENT OF AGRARIAN REFORM

Province of Pangasinan

CONFLICT MANAGEMENT
June 24-24, 2015
Another assistance of DAR to Cooperatives

In compliance to the
Mandatory Training Requirements of the
Cooperative Development Authority
 Course Content
Day 1:
• Intro to Conflict Management
• Legal Framework for Mediation & Conciliation in co-operatives
• Basic Mediation
Day 2:
• (con’t Basic Mediation…)
• Mediation and Conciliation Program Development
• Mediation and Conciliation Program Management
• Rules and Disposition of Mediation Cases
• Establishment and Operation of Mediation Unit
• Program Advocacy
• Technical Writing of Report and Decision Making
 Target Participants
• Board of Directors
• Ethics Committee
• Mediation & Conciliation Committee
 Workshop 1

• Ilista ang mga problema or

issues na nangyayari sa
inyong cooperative.
• Mag assign ng leader na
magpapaliwanag ng
problema.
• Pinapayagan na magbigay ng
comment/s ang ibang
kasama ng group or team
habang nag uulat.
 “CONFLICT”
• .
Sa papaanong paraan nalulutas
ang mga hindi pagkakaunawaan o
hidwaan?

Anong batas ang nagbibigay lunas

sa hidwaan?
 Legal Framework for Mediation and
Conciliation in Cooperatives
• Republic Act 9285

Republic Act No. 9285 April 2, 2004

AN ACT TO INSTITUTIONALIZE THE USE OF AN
ALTERNATIVE DISPUTE RESOLUTION SYSTEM IN
THE PHILIPPINES AND TO ESTABLISH THE
OFFICE FOR ALTERNATIVE DISPUTE
RESOLUTION, AND FOR OTHER PURPOSES
SECTION 1. Title. - This act shall be known
as the "Alternative Dispute Resolution Act
of 2004."
SEC. 2. Declaration of Policy. - 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.
Alternative Dispute Resolution -
- paraan ng pagbibigay lunas sa hidwaan
- Hindi ito ginagawa sa korte
- Hindi kailangan na may presiding judge of
Court
- Ang kailangan lang ay ang bukal sa loob ng
magkabilang panig ng hidwaan na
magkasundo sa pamamagitan ng
“mediator”
• EO 523 – Institutionalization of ADR in
the Executive Department
- exhaust all options for settlement
before use of adversarial processes
i.e. arbitration, adjudication
- 2 ADR Specialists in every agency
- Training of ADR Specialists
- Implementation of ADR Program
- Report to the Office of the
President annually
 Provisions of RA 9520 on conflict
management
• Chapter XVIII on Miscellaneous Provisions
• "ART. 137. Settlement of Disputes, Conciliation,
and Mediation Proceedings. – Disputes among
members, officers, directors, and committee
members, and intra-cooperative, inter-
cooperative, intra-federation or inter-federation
disputes shall, as far as practicable, be settled
amicably in accordance with the conciliation or
mediation mechanisms embodied in the bylaws
of cooperatives and in such other applicable laws.
"The conciliation and mediation committee of the cooperative shall facilitate
the amicable settlement of intra-cooperative disputes and disputes among
members, officers, directors, and committee members.
"Should such conciliation or mediation proceeding fail, the matter shall be
settled through voluntary arbitration: Provided, however, That before any
party can validly file a complaint with the Authority for voluntary
arbitration, it must first secure a certification from its conciliation and
mediation committee and from its conciliation and mediation committee
and from the cooperative union or federation to which it belongs that
despite all efforts to settle the issues, the same have failed.
"The jurisdiction of the voluntary arbitrators shall be exclusive and original
and their decisions shall be appealable to the Office of the President. The
Authority shall issue and adopt the proper rules of procedure governing
arbitration as the primary and exclusive mode for dispute resolution in
accordance with the Alternative Dispute Resolution Act of 2004.
"For this purpose, the Authority shall constitute a list of qualified voluntary
arbitrators."
Conciliation - the process
whereby a neutral third
party takes a vigorous and
active role in assisting
disputants to formulate
between and among them
an acceptable solution in
order to reach an amicable
settlement.
What words
come to our
mind
when we say. . .
“conflict?”
Workshop 2 (10 minutes)

SINO MAS MAS MAGALING AT

EPEKTIBONG MAGING CHAIRPERSON
NG COOPERATIBA? BABAE O LALAKE?
IPALIWANAG…
Workshop 2 (10 minutes)

SINO MAS MAS MAY

KARAPATANG KILALANING
BAYANI NG TAHANAN? TATAY O
NANAY?
IPALIWANAG…
Conflict is a fact of life. It is hardly
possible to grow up in a family, live in a
community, attend school, work, have
an intimate relationship, raise children
or actively participate in the world
without experiencing conflicts.
Sources of Conflicts/Mga Ugat ng Hindi
Pagkakaintindihan
• Change/Pagbabago
• Interpersonal Relationships/Pakikisalamuha sa
ibang tao
• Supervisor vs Employee
– Chairman of the Board vs Members of the Board
– Directors vs The Manager or the Treasurer
– Manager vs Treasurer
Sources of Conflicts/Mga Ugat ng Hindi
Pagkakaintindihan
• Poor communication/Hindi maayos o hindi
malinaw na paguusap.
• Subpar performance
• Limited resources
 NATURE OF CONFLICTS
• When we are in conflict we say things we
don’t mean and mean things we don’t say.
• Conflicts have the capacity to confuse
and hypnotize us, making us believe there
is no way out other than battle.
• Conflict possesses a dark, hypnotic,
destructive power.
• It alternately strokes and crushes our
egos
 Nature of Conflicts
• It speaks to a deep and ancient part of our
soul that thirsts for power and revenge

• When we are in conflict, our emotions

become enormously powerful and
overwhelming.
• We become aggressive, judgmental, and
hysterical or else, passive, apathetic and
defensive.
Being so pained we do not know how to:
• temper our anger with compassion,
• listen to the other’s pain,
• discover what caused the other person to
act as he did,
• take responsibility for our own
contribution to the conflict.
As a result we feel trapped
 Retaliatory Cycle

• Triggering Event – what was said or done by the

other person that triggered the conflict
• Perceived Threat - to your Self-Interest – what
you assumed to be behind the person’s
character
• Anger – your natural emotional response to the
threat, and is necessary for mobilizing
• Acting Out – How you expressed your anger –
“spiral down, spiral up”
• Repetition – The response of the other person
to your acting out; the retaliatory action of the
other
Responses to Conflict
FIGHT
OR
FLIGHT
3 Ways of Flight

AVOID
IGNORE
DENY
(AIDSYNDROME)
3 Ways of Flight

1. Avoid

•“I formed a fact-finding

committee to investigate the
problem.”

•“I am transferring you to where I

think the company can have better
use of your qualifications.”
3 Ways of Flight

2. Ignore
“Let’s stay away from using our
emotions.”
“Let’s just work. Forget our
differences”
3 Ways of Flight

3. Deny

“We are all one big happy family.

We don’t have problems.”

“You’re making a mountain out of

a molehill. There’s no problem
here.”
 Why “flight”?
First, for political reasons.
By paying the lawyers, the PR agent, the
Auditor, the real decision makers can
distance themselves from the dirty work
of engagement and can appear to stay
congruent with the higher purpose of the
organization.
 Why “Flight”?
• Third, we Filipinos stay away from our
culture-based “personal approach” to
conflict because we want to hide our own
personal pain or refuse to be responsible
for the pain we inflict on others as a
result of the conflict. By hiding behind
the law or rule to justify our actions, we
try to show objectivity because we
cannot admit that we want to punish or
seek retribution.
 Ways to Fight
1. Violently

2. Non-violently
 Why “Flight”?
• Second, some people or organizations
benefit from unresolved conflict, and so
have little incentive to uncover, manage,
control or resolve it, even when conflict
is counterproductive and destructive.
 Fight Violently
Power-based language:

• “I’ll crush you.”

• “If you don’t agree,
we’ll just close the
company.”
• “We will picket, go on
strike, or sabotage.”
• “We will out-spend,
out-gun, out-talk you.”
 Fight Non Violently
Interest-based language:

• “What is important to you?”

• “Let’s work things out.”
• “What areas can we agree on?”
• “I’d like us to understand why we have
taken our respective positions.”
Conflict Responses and Outcome
FLIGHT FIGHT
(Lose/Lose or Ambiguous) (Win/Lose) (Win/Win)

Deny Avoid Ignore Violently Non-violently

- procrastinate -keep - War - Negotiate
- postpone doing - vote (win/lose) -
Compromise
what - Violence -
Consensus
- appoint a you’re - Threaten - Mediate
committee doing - Arbitrate
- Litigate
- pass the buck - Quiet Violence
picket, strike,
- rationalize/ demo, white
group think paper, civil
disobedience,
collect signatures
 Non-Violent Communication
Language of the Heart

• NVC is based on the premise that:

We are all simply trying to get our
needs met
Get these needs met through
cooperation rather than aggression
We naturally enjoy contributing to the
well-being of others
Four Components of the Language
of the Heart (NVC)
1. The concrete actions we are
OBSERVING that are affecting our well-
being
2. How we are FEELING in relation to what
we are observing
3. The NEEDS, Values, desires, etc. that
are creating our feelings
4. The concrete actions we REQUEST in
order to enrich our lives.
 Restoring Broken Fellowship....
• Relationships are always worth restoring...
Because life is all about learning how to love,
God wants us to value relationships and
make the effort to maintain them instead of
discarding them whenever there is a RIFT, a
HURT, or a CONFLICT.
• If you want God’s blessing on your life...be a
peacemaker...
The Purpose Driven Life
By: Rick Warren
 Tips for Resolving Conflicts
• Pause and get grounded.
• Zoom out to get perspective.
• Be mindful of your nonverbal communication.
• Avoid behaviors that add fuel to the fire.
– Criticism –attacking person’s character
– Contempt (insults and non verbal hostility like eye
rolling making face, eyebrow raised;
 Tips for Resolving Conflicts
• Reflect empathy
• Take responsibility for yourself.
• Use assertive communication.
• Be open and flexible.
• Focus on what you can control and let go of
the rest.
• Forgive.
 Tips for Resolving Conflicts
• Don’t React.
• Respond from a place of sadness rather than
anger.
• Do not triangulate.
• Conflict is neither bad, wrong nor a sign of
failure,
• Be specific about what you need
 Tips for Resolving Conflicts
• Be willing to let go and “reboot”,
• Be grateful for the wisdom the conflict
brought you.
• Enjoy the intimacy in taking up and
reconnecting.
• Understand that nobody is perfect and
learning effective conflict resolution is a life
long process.
 Tips for Resolving Conflicts
• Pause and get grounded.
• Stay calm.
• Zoom out to gain perspective.
• Listen to understand.
• Become mindful of nonverbal communication
• Reflect empathy
• Avoid the blame game
• Celebrate agreement.
 What is ‘MEDIATION”
• Mediation may be thought of as "assisted
negotiation.
• "Negotiation may be thought of as
"communications for agreement."
• Hence, mediation is "assisted
communications for agreement."
Mediation - shall refer
to the process in which
a mediator, selected by
the disputing parties,
facilitates a
communication and
negotiation, and assists
the parties in reaching a
voluntary agreement
regarding a dispute.
 Mediation
• an informal dispute
settlement process run
by a trained third
party, called a
mediator. Mediation is
intended to bring two
parties together to
clear up
misunderstandings,
find out concerns, and
reach a resolution.
 Mediation Process
• Who are involved?
–Mediator
–Parties
–Lawyers
 Roles
• Mediator
– Assistant in the assisted negotiation
– Unlocks the negotiation that has become
deadlocked
– Facilitates the mediation or negotiation process
and brings to focus the parties in finding a
solution
 Roles
• Mediator
– Neutral and has no decision making power
– Guide parties but not to control
– Leads the parties to a win-win situation
– Aims to achieve a mutual communication and to
identify the needs and interests of the parties
– Engages the parties in a constructive
communication and creative solution elaboration;
– Does not give legal advice
 Roles
• Parties
– Open and settlement minded
– Accepts the rules of collaboration and
communication
– Open minded about other ideas
– Do not withhold important information
 Roles
• Lawyers
– Review documents handed in from other party
and the proposed settlement terms;
– Gives legal advice;
– Less active and vocal;
– Helps their client/s in reviewing the settlement
agreement if in accordance with the law ans
ensure that the parties have not overlooked a
juridical point
 SKILLS MEDIATORS NEED
• Active listening skills
• Questioning and clarifying skills to grasp both the
facts and the areas of controversy;
• Emotional intelligence to understand the
underlying emotions
• Summarising skills to set out the main point of
controversy, and underlying emotions
• Empathy to help each party to stand in each
other’s shoes and understand each other’s point
of view
• Mediator must not take sides, or be seen to be
acting unfairly, Mediator must acknowledge
points made by both parties, and spend equal
time with each person or on their issues.
 Qualities of a Mediation Process
• Voluntary
• Collaborative
• Controlled
• Confidential
• Informed
• Impartial, Neutral, Balanced and Safe
• Self-responsible and satisfying
 Benefits of Mediation
• The process can solve many disputes in a short
time; most mediation sessions are only one or
two days long.
• Mediation is less expensive than litigation.
• Mediation allows the parties to deal directly
with each other, rather than relying on
attorneys.
 Drawbacks of Mediation
• Because the decision of the mediator is not
binding, the parties must be committed to
reaching an agreement. If one or more parties
is not ready to agree, the mediation process is
frustrating and waste of time.
• Sometimes, attorneys must still be involved,
which increases the cost of the mediation.
 Mediation Process
• 1. Preparation
The mediator begins by welcoming the
parties and introducing himself/herself. The
mediator then outlines the process and the roles of
the mediator, the parties, and attorneys (if present).
The mediator ends the introduction by explaining
the ground rules for the process.
Basic rules: Parties take turns in speaking and do
not interrupt or blame each other. Parties should
directly clarify all arising questions.
 Mediation Process
• 2 - Reconstructing and Understanding the
Conflict/Defining the issues
– Listen to the participants’ stories, whether together or
separately, and clarify what they want to achieve from
the process.

– The mediator then asks for statements from each

party. Both parties have an opportunity to tell their
story about what happened, from their viewpoint.
Often, these stories are emotional. The mediator may
ask clarifying questions, but typically the parties do
not question each other.
• Basic Rules
Basic rules: Parties take turns in speaking
and do not interrupt or blame each
other. Parties should directly clarify all
arising questions.
 MediationProcess
• 3. Defining points of agreements and
dispute/Solution elaboration phase.
– Helps the participants to move towards a position
where they start to understand each other’s point of
view, and can then begin to resolve a shared problem.

– After both parties have spoken, the mediator may ask

more questions, both to clarify the issues and to
provide the other party with greater understanding.
 Mediation Process
• . Defining points of agreements and
dispute/Solution elaboration phase.
– Brainstorming process where parties are
encourage to suggest and generate a creative
solution options. The more options, the higher
the chance of reaching a sustainable agreement.
Special rule: There is no turns speaking. During this
phase, parties are not allowed to criticize the
suggested solutions. (No killing of ideas.)
 Mediation Process
• At this point, the mediator may ask the parties
to caucus (separate for the purpose of
discussion). The mediator talks with each
party, proposing solutions, trying out
scenarios, trying to get commitment to a
settlement by both parties. The mediator goes
back and forth between the parties during this
time, clearing up misunderstandings, and
carrying information, proposals, and points of
agreement.
• A caucus is a meeting of members of a group or
subgroup to discuss issues and make decisions.
• In a mediation process, a caucus is a confidential
meeting of members of one side of a dispute,
usually with the mediator, to discuss options and
attempt to find a resolution.
• "To caucus" (verb) means the process of meeting
to discuss issues and come to a decision.
 MEDIATION PROCESS
• 4 - Creating Options for Agreement
– Identify the simplest area, or the one on which
there is most agreement, and suggest resolving
that first, to give a ‘quick win’.
• The mediator works
to find points of
agreement between
the parties, in an
effort to reach an
agreement. At some
point, the mediator
may pose a final
agreement for the
parties and urge
them to accept.
 MEDIATION PROCESS
• 5 - Developing an Agreement
–Like objectives, an agreement
should be SMART, that is Specific,
Measurable, Attainable, Realistic
and Time-bound.
How to develop SMART AGREEMENTS:
• Write the proposal in language known to disputing parties. Read it back to
them.
• Write down points of both disputing parties so they are clear and
understood.
• Clarify any general or vague points, for example, by asking the participants
to agree concrete behavioural changes with deadlines for achievement.
• Avoid legalistic language, and keep everything simple.
• Summarise progress and next steps, including setting a deadline for any
future meetings, and identifying any remaining areas of difficulty, and
options for their resolution.
• Be positive about progress and the fact that everyone has remained
engaged.
• Offer your continued support as a mediator if required.
• Ensure both parties sign the agreement then and there, and close the
meeting once agreement is reached.
 Writing Mediation Agreements
• 1. Identifying and Naming the parties
• 2. Presenting the Framework of the Agreement
• 3. Identifying Topics and Interests
• 4. The Interim Agreement
• 5. Revisions
• 6. Reading the Agreement Aloud and Other Final
Steps
• 7. Ceremonial Signing
 Tools for Mediation
• 1. Take down notes
• 2. Something for the parties to do with their
hands
• 3.Watch the time with an hour glass
• 4. a peaceful setting
 Conciliation and Mediation Program
Activity Kailan Sino ang Gagawa Ano ang Kailangan?
1. Training the Participants na Hand outs
Mediation nandito ngayon Food
Committee on Place
Conflict Trainer
Management
2. Review on the Board of Directors Written policies
policies of the Food
Cooperative Place
Trainer

3. Prepare rules and BODs and Med-Con Hand outs

policies on the Committee Written policies
mediation process Food
Place
Trainer
Papel/ballpen
notebook
 Sample Agreement
Mediation Agreement
Case No. _____________________ Type of Case ______________________
Date_________________________ Place ____________________________

Complainant___________________ Respondent _______________________

Address ______________________ Address __________________________

Mediator(s) ____________________ _________________________________

1. Liza agrees to pay Jimmy the amount of P5,000.00 in cash on Tuesday, October 7,
2005 at the Fiscal’s Office.
2. Jimmy agrees to withdraw Case No. ______ upon receipt of payment from Liza.
3. This constitutes full and final settlement of any complaint each may have against the
other with regards to this case.

Signed __________________________ ________________________________

Legal Counsel ____________________ ________________________________
Mediator(s) _______________________ ________________________________
“We who engage in nonviolent direct action are
not the creators of tension. We merely bring to
the surface hidden tension that is already alive”
― Martin Luther King Jr.
• “A very unwise man once said, “He who does
not understand your silence will probably not
understand your words.” A very annoyed
woman once said, “He who does not want to
communicate will never enjoy their silence for
very long.”
― Shannon L. Alder