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A Self-learning Module for BS Criminology COURSE CODE: Criminology 6 DISPUTE RESOLUTION AND CRISES/INCIDENTS MANAGEMENT Prepared by: Jan Vincent S. Carmen, RCrim., MS Crim. (In Progress) Instructor I COURSE DESCRIPTION 1 | P a g e
COURSE DESCRIPTION This course deals with the study of the process of dealing and resolving conflicts/disputes resolution and crises management. It includes the art of intervention through mediation and reconciliation of disagreements between stakeholder’s agencies. Likewise, the course includes handling of crises that the criminal justice personnel are commonly encountered. Moreover, the study significantly provides mechanisms on how to adopt strategies in dealing with potential and actual crises which are being addressed by concerned agencies and authorities from law enforcement, corrections and communities. COURSE OUTLINE MID-TERM Chapter 1:  Segment I: Concept of Conflict;  What is Conflict?  What are Conflict Theories?  What are the Conflict Resolution Strategies?  Segment II: Alternative Dispute Resolution (ADR) Act;  Segment III: The Office for Alternative Dispute Resolution;  Segment IV: Mediation;  Segment V: International Commercial Arbitration;  Segment VI: Recognition and Enforcement of Awards;  Segment VII: Domestic Arbitration;; and  Segment VIII: Arbitration Law (Republic Act No. 876). Chapter 2: Katarungang Pambarangay Law and Restorative Justice  Segment IX: Katarungang Pambarangay Law; and  Segment X: Restorative Justice. FINALS  Segment 9: Basic concept of crises and incident management;  Segment 10: Nature and types of crises;  Segment 11: Distinction of crises and incidents;  Segment 12: The concept and importance of crisis management;  Segment 13: Composition and functions of crisis management; and  Segment 14: Crisis and incidents preventive measures. TAKE NOTE: The requirements that you must comply in order to evaluate your completion of this course are the following: STUDENT PERFORMANCE EVALUATION LECTURE MIDTERMS Assignment and Activity (Oral presentation, Reflective Writing, Reflective Essay and etc.) 15% Online Class Participation and Recitation 15% Attendance 10% Quiz 20% Midterm Exam 40% FINALS Assignment and Activity (Oral presentation, Reflective Writing, Reflective Essay and etc.) 15% Online Class Participation and Recitation 15% Attendance 10% Quiz 20% Midterm Exam 40% Credit Grade= (Midterm Grade*.40 + Final Term Grade*.60) = 100% Be noted further that your work shall be rated at the end of each term in accordance with the Grading System documented in the Tarlac State University Student Manual which are as follows: 1.0 – Excellent 1.25 - 1.5 – Very Good 1.75 - 2.0 – Good 2.25 - 2.5 – Satisfactory 3.75 - 3.0 – Passing 4.0 – Conditional Failure 2 | P a g e
5.0 – Failing INC – Incomplete OVERVIEW Under CHED Memorandum Order No. 05 series of 2018, the most recent curriculum governing BS Criminology Course, the subject Dispute Resolution and Crisis Management was formally introduced with a course code of Criminology 6. This subject entails a very significant contribution in the field of criminology, law enforcement, public safety, and research. Thus, students will benefit relevant knowledge on activities involving dispute resolution and identify conflicting issues thereby treating them from becoming a worst case which may be occurred in the family, workplace, community, and society in general. Also, understanding on the different principles and methodology in conflict resolution, creating strategic crime prevention and crisis management efforts will be a contributory factor. The promotion of peace and ensuring public safety requires a deep understanding on how to promote conflict resolution at the early stage. In the event of sudden occurrences brought about by crisis, either natural or man – made crisis, the importance of internalizing and applying knowledge on the principles and procedures in Crisis Management will capacitate the learners from being an instrument of peace and public safety on the future. INSTRUCTION TO THE USERS 1. Ask your instructor what type of information they will include on exams. Taking good notes is much easier if you know what is important. Each instructor has their own way of designing their exams, so you may need to change up your note taking strategy to fit their assessments. This information may also be included on the syllabus. 2. Write down important information from your teacher and textbook. It may feel redundant to take notes, since the information is in front of you. However, you will soon forget the facts and dates if you don’t write them down straight away. The same goes for when you are reading the assigned text(s) for the course/class. So, keep a notebook dedicated to classes, and aim to take at least 1 page of notes per chapter read or 30 minutes of lecture you have sat through. For example, you may not need to write down Abraham Lincoln’s exact height. But you should jot down the dates of the Civil War and the date of the Gettysburg Address, for example. 3. Organize your notes chronologically. Maintaining that chronology in the notes that you take while reading will help you organize the information you receive. Always jot down the date of events in your notes and try to keep things sequential. 4. Write down connections between the chronological notes you take. Studying history can often feel like you are memorizing a bunch of disconnected dates, names, and places. Avoid this by making the connections explicit in the notes that you take. Then, when you are preparing for a test or essay, you will be able to draw on these connections and contextualize historical events. 5. Ask your instructor about any information you did not understand. Sometimes students feel embarrassed to ask their teacher questions, but there is no reason to feel that way. If you are confused about a point in the lecture or are struggling to remember any dates, names, or places, don’t hesitate to ask your teacher after class or send your teacher an inquiring email that night. 6. Reading is Not Studying Simply reading and re – reading texts or notes is not actively engaging in the material. It is simply re – reading your notes. Only ‘doing’ the readings for class is not studying. It is simply doing the reading for class. Re – reading leads to quick forgetting. Think of reading as an important part of pre – studying, but learning information requires actively engaging in the material. (Edwards, et al. 2014) Active engagement is the process of constructing meaning from text that involves making connections to lectures, forming examples, and regulating your own learning. (Davis, 2007) Active studying does not mean highlighting or underlining text, re – reading, or rote memorization. Though these activities may help to keep you engaged in the task, they are not considered active studying techniques and are weakly related to improved learning. (Mackenzie, 1994) 7. Ideas for Active Studying a. Create a study guide by topic. Formulate questions and problems and write complete answers. Create your own quiz. Become a teacher. Say the information aloud in your own words as if you are the instructor and teaching the concepts to a class. b. Derive examples that relate to your own experiences. Create concept maps or diagrams that explain the material. Develop symbols that represent concepts. c. Figure out the big ideas so you can explain, contrast, and re-evaluate them. d. Work the problems and explain the steps and why they work. e. Study in terms of question, evidence, and conclusion: What is the question posed by the instructor/author? What is the evidence that they present? What is the conclusion? f. Organization and planning will help you to actively study for your courses. When studying for a test, organize your materials first and then begin your active reviewing by topic. (Newport, 2007) g. Often subtopics are provided on the syllabi. Use them as a guide to help organize your materials. For example, gather all of the materials for one topic (e.g., PowerPoint notes, textbook notes, articles, homework, etc.) and put them together in a pile. Label each pile with the topic and study by topics. The Learning Center (2020) Chapter 1 3 | P a g e
DISPUTE RESOLUTION SYSTEM Pre-Test 1. This Act is known as the "Alternative Dispute Resolution Act of 2004." a. RA 876 c. RA 9285 b. RA 11131 d. RA 6975 2. It is an activity which takes place when conscious beings (individuals or groups) wish to carry out mutually inconsistent acts concerning their wants, needs or obligations. a. Frustration c. Crisis b. Stress d. Conflict 3. This Act shall be known as "The Arbitration Law." a. RA 876 c. RA 9285 b. RA 11131 d. RA 6975 4. It Mediation means a voluntary process in which a mediator, selected by the disputing parties, facilitates communication and negotiation, and assist the parties in reaching a voluntary agreement regarding a dispute. a. Arbitration c. Conciliation b. Hearing d. Mediation 5. It is a voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the agreement of the parties, or rules promulgated pursuant to this RA 9285, resolve a dispute by rendering an award. a. Arbitration c. Conciliation b. Mediation d. Trial Learning Objectives After successfully completing this module, you should be able to:  Explain the basic concept of Conflict;  Explain the concepts, nature and procedures governing dispute resolution;  Differentiate Arbitration, Conciliation and Mediation; and  Apply the Implementing Rules and Regulations (IRR) governing the Alternative Dispute Resolution (ADR). SEGMENT I: CONFLICT 1. What is Conflict? A conflict is 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 may also refer to a natural disagreement or struggle between people which may be physical, or between conflicting ideas. It can either be within one person, or they can involve several people or groups. It exists when they have incompatible goals and one or more believe that the behavior of the other prevents them from their own goal achievement. The word “Conflict” comes from the Latin word “conflingere” which means to come together for a battle. 2. What are 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 become the engine for social change. In this context, power can be understood as control of material resources and accumulated wealth, control of politics and the institutions that make up society, and one's social status relative to others (determined not just by class but by race, gender, sexuality, culture, and religion, among other things). (Crossman, 2019) Conflict theory originated in the work of Karl Marx, who focused on the causes and consequences of class conflict between the bourgeoisie (the owners of the means of production and the capitalists) and the proletariat (the working class and the poor). Many social theorists have built on Marx's conflict theory to bolster it, grow it, and refine it over the years. Many others have drawn on conflict theory to develop other types of theory within the social sciences, including the following: 1. Feminist theory; 2. Critical race theory; 3. Postmodern theory and postcolonial theory; 4. Queer theory; 5. Post-structural theory, and 6. Theories of globalization and world systems. So, while initially conflict theory described class conflicts specifically, it has lent itself over the years to studies of how other kinds of conflicts, like those premised on race, gender, sexuality, religion, culture, and nationality, among others, are a part of contemporary social structures, and how they affect our lives. 3. What are the Conflict Resolution Strategies? Kenneth Thomas and Ralph Kilmann (2015) developed five conflict resolution strategies Thomas – Kilmann Instrument or more generally known as TKI Conflict Strategies that people use to handle conflict, including avoiding, defeating, compromising, accommodating, and collaborating. The Thomas-Kilmann Instrument is designed to measure a person’s behavior in conflict situations. “Conflict situations” are those in which the concerns of two people appear to be incompatible. In such conflict situations, an individual’s behavior can be described along two dimensions: (1) assertiveness, the extent to which the person attempts to satisfy his own concerns, and (2) cooperativeness, the extent to which the person attempts to satisfy the other person’s concerns. 4 | P a g e