NOTES FOR CRIM 6-DISPUTE RESOLUTION AND CRISIS MANAGEMENT

SEMIFINAL ANF FINAL COVERAGE

NEGOTIATION- is a strategic discussion that resolves an issue in a way that both parties find acceptable.
In a negotiation, each party tries to persuade the other to agree with his or her point of view. By
negotiating, all involved parties try to avoid arguig but agree to reach some form of compromise.

What is the importance of negotiation?

Good negotiations contribute significantly to business success,as they:help you build better
relationships. Deliver lasting,quality solutions-rather than poor short-term solutions that do not satisfy
the needs of either party. Help you avoid future problems and conflicts.

What is the process of negotiation?

The negotiation process consists of five steps, each of which must consider elements of negotiation such
as communication, party relationships, alternatives or options, legitimacy of the conflict, the interests of
each party, and the commitment of each party to resolving the conflict.

What makes a good negotiation strategy?

Be clear about what is expected. Discuss ways to apply how it can happen. Don’t simply talk about what
needs to happen. Discuss the consequences – how your solution will be beneficial to the other party.

How to start a negotiation: Begin as you mean to continue

1. Get a sounding board, work through the issues, and practice what you will say.

2. Don’t be afraid. Use the facts you have or gather those you do not and push through.

3. Take stock of the other side’s perspective and needs. …

4. Prepare your negotiation partner.

What skills do you need for negotiation?

Negotiation Skills

1. Communication. To achieve your ideal outcome at the bargaining table, it’s essential to clearly
communicate what you’re hoping to walk away with and where your boundaries

Lie…. 2. Emotional Intelligence. Emotions play a role in negotiation, for better or worse….

3. Planning….

4. Value Creation….

5. Strategy….

6.Reflection.

What are the laws which govern the ADR here in the Philippines? 1.RA No.9285-An act to Institutionalize
the Alternative Dispute Resolution System in the
Philippines and created or establish the Office of the Alternative Dispute Resolution

Which was enacted on April 2,2004 Confidentiality of information during ADR is responsibility given to
the Mediator to protect or prevent the unauthorized disclosure of info during ADR proceeding

The information obtained thru ADR proceeding like Arbitration will be regarded as PRIVELEGED OR
CONFIDENTIAL

Privileged communication-this are considered information gathered through trust and

Confidence.

Data Privacy Act-RA 10173

Classified information into two:

a. Personal info- name, age, address etc.

b. Sensitive info-info about government assistance like sss, tax pin,info about medical, info about
political and religious etc.

2. Considered as first law related to ADR-RA 876 Act to authorize the makig of arbitration and
submission of agreements and the appointment of arbitrators for civil controversies, which was enacted
on June 19 1953.

3.UNCITRAL MODEL LAW is the international policy about ADR

What is the goal of UNCITRAL MODEL LAW-?

Modernizing their laws on arbitral procedures needed in international commercial arbitration, this is
also the same law uses in cases of conflict between two countries.

It is applicable to the following:

a. Private person with different nationalities and countries)

b. Private person to government of different country

If it is Government to Government dispute, UN Court of Justice will apply.

The UN Commission on International Trade LAW established the composition and

Jurisdiction of international arbitral tribunal and the extent of court intervention. It was enacted

During the convention on December 4, 2006 where the Philippines is one of the signatories.

Exceptions to RA 9285

This law shall not apply to the resolution or settlement of the following?

1. Labor Dispute- in accordance to the Labor Code of the Philippines (PD No.442)

Arbitration of labor dispute is a sole responsibility of DOLE , if still working in the company and of the
NLRC, if the employees were terminated already.
2. The civil status of a person. The sole agency which provides accurate records regarding the status of a
person is Philippine Statistics Authority (PSA)

3. Validity of Marriage- because as of now, only the court has the authority to approve the petition of
nullification off marriage.

4. Any ground for the Legal separation- only the court approved the legal separation petition.

Legal Separation- only for the purposes of property separation

Annulment- marriage is completely void

5. The jurisdiction of the court- the venue where the crime is committed shall have the jurisdiction over
the crime.

Exception to the rule-if there is a miscarriage of justice the Supreme Court could change the territorial
jurisdiction.

6. Criminal Liability-because only judges of the court have jurisdiction over it

7. Those which by the law cannot be compromised –

Office for Alternative Dispute Resolution (OADR)

It is an attached agency of Department of Justice (DOJ)

OADR is concern to oversee the Dispute Resolution of Public or Private Sector Both Private and Public
Sector

Objectives

1. To promote, develop and expand the ADR

2. Assist Government to monitor the use of ADR by public or private sector

The OADR must submit recommendation to improve, plans or programs the ADR to? Congress

3. Appointment of Mediators or Arbitrators

4. Conduct seminars or conference

5. Establish ADR library (either thru online or physical library)

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)

PD 1293-the law “Creating a Katarungang Pambarangay Commission to Study the Feasibility of Resolving
Disputes at the Barangay Level

- Promulgated on 27 January 1978

PD 1508-the law “Establishing a System of Amicably Settling Disputes at the Barangay Level

RA 7160-otherwise known as the “LOCAL GOVERNMENT CODE OF 1991

-provides for the Revised Katarungang Pambarangay LAW

-enacted on 10 October 1991

LUPONG TAGAPAMAYAPA

It is a body of men created to settle disputes within the barangay level. It is also referred to as the
LUPON.

The Lupon shall be composed of the Barangay Chairman as Chairman of the Lupon and the Barangay
Secretary as the Secretary of the Lupon, plus other members who shall be not less than ten (10) but not
more than twenty (20).

Any resident of the barangay of reputable character may be appointed as member of the Lupon.
Members of the Lupon shall be appointed by the Barangay Chairman.

The Lupon shall be constituted every three years.

A Lupon member shall serve for a period of three years.

Essentially,the Lupon must provide a forum for matters relevant to the amicable settlement of disputes
for the speedy resolution of disputes.

PANGKAT TAGAPAGKASUNDO

It shall act as the conciliation panel. It is also referred to as the PANGKAT.

It shall be composed of three (3) members chosen from the members of the Lupon.They shall choose
from among the three of them the Pangkat Chairman and Pangkat Secretary.

The Pangkat shall be constitutedwhenever a dispute is brought before the Lupon.

The members of the Pangkat shall be chosen by the parties of the disputefrom among the Lupon
members. In case of disagreement, the Barangay Chairman shall draw lots.

What matters fall under the jurisdiction of the Lupon?

a. those involving offenses that are punishableby the imprisonment of one year and below, or a
fine in the amount of five thousand pesos and below;

b. those involving parties that actually reside or work in the same barangay;

C. those involving marital and family disputes;

d. those involving minor disputes between neighbors;

e. those involvingreal properties located in the barangay;

VENUE FOR AMICABLE SETTLEMENT

Disputes between persons actually residing in the same barangay shall be brought for amicable
settlement before the Lupon of said barangay;

Those involving actual residents of different barangays within the same city or municipality shall be
brought in the barangay where the respondent actually resides;
All disputes involving real property or any interest shall be brought in the barangay where the real
property or the larger portion is situated;

-those arising at the workplace where the contending parties are employed or at the institution where
such parties are enrolled for study shall be brought in the barangay where such workplace or institution
is located.

PROCEDURE FOR AMICABLE SETTLEMENT

Any individual who has a cause of action against another individual involving any matter within the
authority of the Lupon may complain, orally or in writing, to the Lupon.

COMPLAINANT-the person who filed the complaint against the respondent RESPONDENT-the person
who is being complained of

CAUSE OF ACTION-an act or omission of one party in violation of the legal rights of another for which
the latter suffers damage which affords a party to a right to judicial intervention

What shall the Chairman do upon receipt of the complaint?

The Chairman shall meet with the respondent and complainant and mediate. If he fails in his mediation
within fifteen (15) days, he shall set a date for the constitution of the Pangkat.

MEDIATION OR CONCILIATION-the process whereby disputants are persuaded by the

Punong Barangay or Pangkat to amicably settle their disputes

What shall the Pangkat do after its constitution?

The Pangkat shall meet not later than three(3)cdays after their constitution, on the date

Set by the Chairman, to hear both parties.

Within how may days should the Pangkat settle the dispute?

The Pangkat shall meet not later than three(3)days after their constitution, on the date set by the
Chairman, to hear both parties.

The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days from its meeting. This
period may be extended for another fifteen (15) days, at the discretion of the Pangkat.

All amicable settlement shall be in writing.

Why should parties resort to amicable settlement beforegoing to the police? Because it is pre-
condition to filing of complaint in court:

“No complaint involving any matter within the authority of the Lupon shall be filed directly in court
unless there has been a confrontation between the parties before the Chairman or the Pangkat,and
that no conciliation or settlement has been reached as certified by the Secretary, or unless the
settlement has been repudiated by the parties.”
The amicable settlement shall have the force and effect of a final judgment of a court upon the
expiration of ten (10) days from the date of settlement.

Katarungan Pambarangay-system of dispute resolution or ADR instituted in all barangays in Philippines.

- It seeks to promote the speedy administration of justice

- It provides avenue for amicable settlement.

Because of Katarungan Pambarangay there is a reduction the dockets in our court.

What is the first Katarungan Pambarangay Law?

-It was PD 1508- KP law of 1978. It was enacted on December 30 1978-this was the law that organized
the formal system of amicable settlements of disputes at the barangay level.

PD 1293-was enacted on January 27, 1978 was abolished but it was based on the program of settling
dispute or known as the Neighborhood Paralegal Committee”

Former Supreme Court Justice Fred R.Castro-was known as the Father of Katarungang Pambarangay

What is the objective or intent of the passage of PD 1508?

To give full recognition that peaceful settlement of dispute among barangay members must be
prioritized.

PD 1508 was repealed by Local Government Code of 1991- RA 7160 Amended-

Cases which the lupon does not have the authority.

1.if one of the

Party is the GOVERNMENT 2.ifone of the party is ap officer and the dispute relate to the
performance of his duty.

3.offenses punishable byimprisonment of exceeding one year or the fine exceeding public

5,000php. 4. Ifthe case is Slight physical injury with a penalty of aresto menor or 1-30 days of
imprisonment

Flow of KP Process

a.1s process Complaint-Pagsasampa ng reklamo (15 days of mediation)

b.2m process Mediation-before the Barangay Captain or lupon Chairman (after the mediation,how many
before the PANGKAT will conduct conciliation-15 days and another 15 days for extention)

C.3d Process Arbitration or conciliation-to be conducted by Pangkat

d.4h process-execution (reaching of amicable settlement if not issuance of cert. to file action)

CRISIS MANAGEMENT
Crisis

This refers to unstable and dangerous social condition characterized by an impending abrupt change
involving economic, military, political, police, societal or personal affairs that is approaching emergency
level event.

-came from the Greek word “CRISIS” which means to separate.

EMERGENCY

Came from the Latin word “EMERGENTIA” which means dipping; plunging. It is a sudden condition or
state of affairs calling for immediate action.

Crisis Management

It refers to the action undertaken to unify and coordinate resources and efforts to effectively and
efficiently quell a given criminal/life threatening situation.

Also defined as the expert handling of emergency or crisis to reduce or eliminate danger or damage.

EMERGENCY,CRISIS AND DISASTER DISTINGUISHED

If the situation is still controlled and the response given is for the purpose of containing the situation
from getting out of control, then it is just an EMERGENCY.

If the situation is already beyond normal control what is happening is already a CRISIS.

If the effects of the crisis can no longer be controlled even by its author, it is now a DISASTER.

Of God,such as

Natural disasters considered as acts tornadoes and Natural crisis- is typically volcanic eruptions,
environmental phenomena emis, stokes and droughts thathreaten life,property hurricanes, floods,
landslides, and the environment itself.

Types of Crisis

-civil disturbance,revolt, revolution,border incident,war,kidnapping,hijacking,hostage. Taking,terrorists

activities,attacks on government facilities,etc.

Man-Made Crisis

Objectives of Crisis Management

Resolve without further incident.

Safety of all participants.

Apprehension of all perpetrators.

Accomplishment of the task within the framework of current community standard.

PURPOSE OF CRISIS MANAGEMENT:

“SALVARI VITAS”-to save lives

PHASES OF CRISIS MANAGEMENT

Proactive Phase

- Includes prediction, prevention and preparation.

Reactive Phase

- Performance, initial action, action, and post action.

LEGAL REGIMES IN DEALING WITH CRISIS

Sec.6,Article XVI,1987 Constitution

- The State shall establish and maintain one police force, which shall be national in scope and
civilian in character, to be administered and controlled by the NaPOLCOM. The authority of local
executives over the police units in their jurisdiction shall be provided by law

Sec. 444 and 445, R.A.7160

-The mayor shall act as the deputized representative of the NAPOLCOM,which shall exercise operational
control and supervision over the local police forces in the city and municipality.

Hostage Incident

It is any incident in which people are being held by another person or persons against their will, usually
by force or coercion, and demands are being made by the hostage taker.

Characteristics of a Negotiable Incident

·There must be a need to live on the part of a hostage taker.

·There must be a threat of force on the part of the authorities.

·There must be demands by the hostage taker.

The negotiator must be seen by the hostage takeras a person who can hurt the hostage taker
but is willing to help him.

There must be time to negotiate.

A reliable channel ofcommunication must existbetween the hostagetaker and the negotiator.

Both the location and the communications of the incident ned to be contained in order to
encourage negotiation.

The negotiator must be able to deal with the hostage taker making the decisions.

Hostage-Is a person held as a ssecurity for the fulfillmentof certain terms

Negotiate-It means to arrange or settle by conferring or discussing.

Crisis Negotiation-means the use of communication techniques and strategies to influence a person to
change his behavior in accordance with goals within legal,ethical and moral constraints.

PRIORITIES IN HOSTAGE SITUATION

Preservation of life

Apprehend hostage taker

To successfully negotiate; there must be need to live on the part of the hostage taker and a threat of
force by the authorities.

CATEGORIES OF HOSTAGE-TAKER

PERSONS IN CRISIS

- People who take hostages during a period of prolonged frustration, despair and problems.

PSYCHOTICS

- Mentally-ill people who take hostage during a period of psychiatric disturbance.

COMMON CRIMINALS

-people who take hostages for personal reason.

PRISONER

- People who take hostage because of dissatisfaction and discontent regarding their living
condition in prison.

POLITICAL TERRORIST

- People who take hostages because of political and ideological beliefs.

HANDLING OF SPECIFIC HOSTAGE SITUATION

1.PROFESSIONAL CRIMINAL

-easiest to handle

-rational thinker

Police. – after assessing the situation and weighing the odds, usually come to terms with the

PROPER HANDLING:show force but refrain from unnecessary violence or useless killing.

2.PSYCHOTIC INDIVIDUAL

- present different and somewhat complex problems

-irrational

PROPERDNG:the hostage taker may feel a degree of pleasure if he finds himself

Important,being the center of attraction

-prolonging the time

3.TERRORIST

-more difficult to handle

When caught,they rationalize by claiming to be revolutionaries a situation they resolve

To die for a cause. Of time.

PROPER HANDLING: their causes may deteriorate in the passage

-if they kill one of the hostages, the negotiatorsthen must set to save the remaining hostages.

HOSTAGE TAKER’S DEMANDS

口 Negotiable

-food,cigarettes,drinks,alcohol,transportation,media coverage,freedom

Non-Negotiable

-weapons,ammunitions,drugs,release of prisoners,exchange of hostages

PRINCIPLES IN HOSTAGE NEGOTIATION

The hostage has no value to the hostage taker the priorities in the hostage situations are the
preservation of life and the apprehension of the hostage taker, recover and protect property.

Hostage situation must not go violently

There must be a need to live on the part of the hostage taker

IMMEDIATE ACTIONS OF THE NEGOTIATOR UPON ARRIVAL AT THE SCENE OF

INCIDENT

1.Containment

Controlling situation and area by people involved.

2.Establish Contact

Communicate with the leader

3.Time Lengthening

Give more time to the police to organize and coordinate plan of action.

4.Telephone Negotiation Technique

4.1.Be the caller (talk with the leader only)

4.2.Plan and prepare

4.3. Be ready with graceful exit

4.4.Discipline yourself to listen.

4.5.Do not tell that you are the commander, neither your rank

4.6. Just tell “My name is…I am a police negotiator and willing to help.

4.7. Delay tactic – to wear down hostage taker, physically, psychologically and emotionally. Will also give
more time for police organize and coordinate plan course of action.

4.8. In case hostage taker won’t talk, continue negotiating. Don’t loss hope!

5.Need for face-to-face conversation

Don’t be over anxious

Wear body armor

Have tactical back-up(snipers)

Face-to-face, maintain proper distance;

。Proper distance-1 to 3 feet.

。 Intimate distance -about 6 inches

In retreating, face hostage taker slowly backing out of the door.

6. Surrender approach-start with a position approach, act as if hostage taker will surrender.Do not talk
too much. Gradually ask him to surrender.Reassurance is the wisest thing to do.Talk details of surrender
process. And explain why now is better than later.

Crisis Negotiation Bargaining Techniques

The use of time to increase basic needs, making it more likely that the subject will exchange a hostage
for some basic needs.

The used of time to collect intelligence on the subject that will help develop a trade.

The use of time to reduce the subject’s expectation of getting what he wants.

Trades can be made for food, drink, transportation and money.

Trades cannot be made for weapons or the exchange of hostages.

The boss does not negotiate.

Start bidding high to give yourself room to negotiate.

Never draw attention to the hostages, it gives the subject too much bargaining power.

Manipulate anxiety levels by cutting off power, gas, etc.

Stockholm Syndrome
It is the development of unique relations between the hostages and the hostage taker. A strong
attachment of the hostage victim to the hostage takers after a long period of captivity, by the hostage
became sympathizer of the hostage takers.

CRISIS MANAGEMENT TEAM

Team – is a small group of people with complementary skills who are committed to a common purpose,
performance goals and approach for which they hold themselves mutually accountable.

The Negotiating Team (Foreign Set-up)

Negotiator Supervisor – is responsible for the overall functioning of the negotiating team. In addition to
his supervisory skills, the supervisor must have leadership ability. He should see to it that the situation is
negotiable, appropriate personnel is available, intelligence is gathered in timely manner,
communications are established, negotiation strategy is working-out, an appropriate record of the
negotiation is kept and the commander is well informed.

Primary Negotiator – is the direct communication link to the hostage taker and is responsible for
developing verbal tactics,monitoring and assessing the hostage taker’s level of emotional arousal and
helping the hostage taker engage in problem solving.

Secondary Negotiator -is the pipeline betveen the negolialion team and primary. He helps to develop
verbal tactics, provides moral support for the primary.

Intelligence Officer -is responsible for gathering intelligence from various sources,
information,maintaining and updating status boards and making sure that all response units are
receiving accurate and timely intelligence. The personality of the hostage

Mental Health Consultant-is responsible for evaluating taker,recommending negotiation

strategies,monitoring team stress, monitoring stress among the hostage takers and hostages.

Equipment Officer-is someone who understandstechnical information regarding radios, computers,

phone systems,mechanicalsystems,etc. and can make minor repairs.

Command Post

S the postion from which a unit commander and his staff exercise command over the hostage incident.

Ground Commander is the designated senior officer in command of the incident.Also termed “incident
commander

Inner and Outer Perimeter

·Inner Perimeter-is the immediate area of containment as designated by the on ground commander

Outer Perimeter-is a secondary control area surrounding the inner perimeter, providing a safe zone for
access to the inner perimeter.

The Tactical Team (Foreign Set-up)

Is an assault team responsible in carrying out assault operation whenever negotiation fail. A unit of
specially selected, appointed, trained and equipped officers that provides assistance in those incidents
that would require special tactics,techniques and equipment.

Tactical Team Components (Foreign Set-up)

Tactical Supervisor – is responsible for the mobilization of the members of the team, deployment of the
containment team, development of the tactical plan and operation of the assault and arrest teams.

The tactical team is divided into three major components:

1. First Component – this component is responsible for maintaining perimeter control both inner and
outer. Also called containment sub-team.

2. Second Component-the second component is apprehension and assault team. Members of this sub-
team make an undetected approach to the location, plan and prepare for the release of hostages, and
make an assault if necessary. Also called apprehension and assault sub-team.

3. Third Component -is the sniper / observer sub-team. The sniperlobserver sub-team (third component)
has two responsibilities:

·Provide intelligence on factors present at the location. These factors may include physical
layout,placement of walls, furniture, specific location of hostages and hostage takers, clothing and
mental state of hostages and hostage takers.

Prepare for a shot on the hostage taker.

Active Listening Techniques

Open-Ended Questions/Statements-question or statementsdirected at the hostage taker

designed to get him to open up and give a long.verbalanswer.

Effective Pauses – not saying anything when the hostage taker finishes talking. Encouraging him
to fill the empty or blank space with additional communications or information. Periods of
silence that is used to emphasize a point or to encourage the subject to say more.

Minimal Encouragement-saying yes,ok or otherverbalindicators that the neganalor is actually listening to

the hostage taker. Brief.well-timed response that let the subject nos the negoliatoris paying attention tis
an wel tlimon threatening response that can be used with any subject.

Miroring (Reflecting Feelings)-a response in which the negotiator mirors back to the hostage takerthe
emotions of the hostage takerneommunicating,the negotiator repeats the last word or phrase.

Paraphrasing -a response in which the negoliator gives the hostage taker the essence of his message in
the negotiator’s words.The negoltiator repeats the subject’s meaning in the negotiator words.It shows
that the negotiator is listening and understands the content of the subject’s message.
Emotional Labeling (Reflecting Meaning)-a response in which negotiator let the hostage taker know he
understands the facts and the feelings the hostage taker is communicating.The use of emotionally
descriptive words to show that the negotiator understands the feelings the subject is experiencing.

I-Messages-a response in which the negotiator expresses his emotions in response to the hostage taker.
These are messages that personalize the negotiator without becoming a personal attack and allow
negotiator to introduce new ideas without raising excessive resistance.

Summative Reflections-a response in which the negotiator summarizes the main facts and feelings that
the hostage taker has expressed over a relatively long period.

Implementation of Methods to Deal with Hostage situation

Rule 22.Hostaqe Situation of the revised PNP Operational procedures

Sec.1.Procedures to be followed in a Hostage Situation – the following steps shall be undertaken:

a. A crisis management task group shall be activated immediately

b.Incident scene shall be secured and isolated

c. Unauthorized persons shall not be allowed entry and exit to the incident scene

d. Witnesses’ names, addresses, and other information shall be recorded. Witnesses shall be directed to
a safe location.

Sec.2.Ground Commander-there shall be only one Ground Commander in the area.

Sec.3.Negotiators – negotiators shall be designated by the Ground commander. No one shall be allowed
to talk to the hostage-taker without clearance from the negotiating panel or Ground Commander

Sec.4.Assault team – an assault team shall be alerted for deployment in case the negotiation fails.
Members of the assault team shall wear authorized and easily recognizable uniform during the conduct
of the operation Bonnets shall not be used.

Sec.5.Assault plan- the assault shall be planned to ensure minimal threat to life for all parties.
Sec.6.Support PersonneI-an ambulance with medical crew and a fire truck shall be detailed at the
incident.

Sec.7.Coordination-proper coordination with all participating elements shall be done to consolidate

efforts in solving crisis.

Sec.8.Safety of Hostage(s) -in negotiating for the release of a hostage,the safety of the hostage shall
always be paramount.

Sec.9. Procedures to be followed during negotiations

The following shall be undertaken in the conduct of negotiations:

a.Stabilize and contain the situation;

b. Select the right time to make contact with the hostage-taker;

c. Take time when negotiating;

d. Allow hostage-taker to speak;

e.Don’t offer the hostage-taker anything. What he will ask for will be part of the negotiation:

f.Avoid directing frequent attention to the victim when talking to the hostage taker;

g.Do not call them Hostages. Be as honest as possible;avoid tricks; be sincere;

h. Never dismiss any request from the hostage-taker as trivial or unimportant;

i.Never say“NO”

j.Soften the demand

k.Never set deadline; try not to accept a deadline;

I. Do not make alternate suggestions not agreed upon in the negotiation;

m. Do not introduce outsiders (non-law enforcement officers) into the negotiation process, unless their
presence is extremely necessary in the solution of the crisis; provided that they shall be properly advised
on the do’s and don’ts of hostage negotiations;

n. Do not allow any exchange of hostages, unless extremely necessary; in particular,do not exchange a
negotiator for a hostage;

o. Avoid negotiating face-to-face;and

p.Law enforcement officers without proper training shall not be allowed to participate in hostage
negotiations.