WELCOME and MABUHAY ! WELCOME and MABUHAY ! Mr. VirGILio G. Gundayao Mr. VirGILio G. Gundayao , MBA/MPA, , MBA/MPA, FRIPA FRIPA Accredited Court-Annexed Mediator Accredited Court-Annexed Mediator Exec. Dir., Graft-Free Philippines Exec. Dir., Graft-Free Philippines , a national project of , a national project of Philippine Philippine Jaycee Senate Jaycee Senate 2004 Exec. Director, Junior Chamber International (JCI) Phils. 2004 Exec. Director, Junior Chamber International (JCI) Phils. Immediate Past Exec. Director, JC Leaders International Immediate Past Exec. Director, JC Leaders International Ex-AMO, CSC Ex-AMO, CSC Mamamayan Muna, Hindi Mamaya Na! Mamamayan Muna, Hindi Mamaya Na! Program Program Candidate, Doctor in Public Administration (DPA) Candidate, Doctor in Public Administration (DPA)
Transcript
WELCOME and MABUHAY ! WELCOME and MABUHAY !
Mr. VirGILio G. GundayaoMr. VirGILio G. Gundayao, MBA/MPA, FRIPA, MBA/MPA, FRIPAAccredited Court-Annexed MediatorAccredited Court-Annexed Mediator
Exec. Dir., Graft-Free PhilippinesExec. Dir., Graft-Free Philippines, a national project of , a national project of PhilippinePhilippine Jaycee SenateJaycee Senate
2004 Exec. Director, Junior Chamber International (JCI) Phils.2004 Exec. Director, Junior Chamber International (JCI) Phils.
Immediate Past Exec. Director, JC Leaders InternationalImmediate Past Exec. Director, JC Leaders International
Ex-AMO, CSC Ex-AMO, CSC Mamamayan Muna, Hindi Mamaya Na! Mamamayan Muna, Hindi Mamaya Na! ProgramProgram
Candidate, Doctor in Public Administration (DPA)Candidate, Doctor in Public Administration (DPA)
Conflict Resolution Conflict Resolution
Through MEDIATIONThrough MEDIATION
Mediator Gil G. GundayaoMediator Gil G. GundayaoI.D. MNL 13-001, AM No. 13-12-I.D. MNL 13-001, AM No. 13-12-05-SC-PHILJA (Re Res. 13-39)05-SC-PHILJA (Re Res. 13-39)
3 BRANCHES of the
GOVERNMENT
LEGISLATIVE EXECUTIVE JUDICIARY
At the end of the training session, the participants should have been able to:1.Understand, relate, and appreciate the essence, relevance, and practicality of mediation as a form of Alternative Dispute Resolution (ADR).2.Identify, explain and/or expound the dynamics of conflict, as well as the possibility of converting it into more productive, manageable, and controlled environment by means of mediation as an intervention towards a more peaceful way of resolving conflicts.3.Apply the knowledge of dispute settlement in any conflicting situation, anytime, anywhere, anyhow.4.Raise awareness on the emerging profession of Mediation as a career in both domestic and international level.5. Demonstrate understanding on the deeper insights of conflict resolution, through the age-old practice of mediation as a peacemaking strategy towards a win-win solution to a controversy.
Principle of SEPARATION OF POWERSPrinciple of SEPARATION OF POWERS
- each government branch is not permitted - each government branch is not permitted to encroach upon the powers confided to others. to encroach upon the powers confided to others. Arbitrary rule would result if the same body is to Arbitrary rule would result if the same body is to exercise all the powers of the government. exercise all the powers of the government.
..
Principle of CHECKS AND BALANCESPrinciple of CHECKS AND BALANCES
- authorizing a considerable amount of encroachment or - authorizing a considerable amount of encroachment or checking by one branch in the affairs of the others. Each checking by one branch in the affairs of the others. Each branch is given certain powers with which to check the branch is given certain powers with which to check the others.others.
Pres.may disapprove bills enacted by CongressPres.may disapprove bills enacted by Congress Congress may reject appointments by the Pres.Congress may reject appointments by the Pres. Judiciary may declare unconstitutional laws enacted by the Judiciary may declare unconstitutional laws enacted by the
Congress. Congress.
The JudiciaryThe Judiciary
SOURCE: 2002 Revised Manual of Clerks of Court.
04/15/2304/15/23
MediationMediation(Hornilla)(Hornilla)
Used to describe a wide range of interventionsUsed to describe a wide range of interventions from a problem solving perspective - a process by from a problem solving perspective - a process by
which the parties, together with the assistance of an which the parties, together with the assistance of an acceptable, impartial person or persons, voluntarily and acceptable, impartial person or persons, voluntarily and systematically isolate issues in need of consideration to systematically isolate issues in need of consideration to develop a range of options, consider alternatives and develop a range of options, consider alternatives and reach a consensual settlement that will take into reach a consensual settlement that will take into account the interests and needs of all concernedaccount the interests and needs of all concerned
a process that emphasizes the parties’ responsibility for a process that emphasizes the parties’ responsibility for making decisions that affect their lives.making decisions that affect their lives.
Mediation as Mediation as Essentially Assisted Essentially Assisted NegotiationNegotiation
Mediator Gil G. Gundayao, MBA/MPA, Mediator Gil G. Gundayao, MBA/MPA, FRIPAFRIPA
Candidate, Doctor in Public Administration Candidate, Doctor in Public Administration (DPA)(DPA)
Mediator ID MNL 13-001Mediator ID MNL 13-001
A.M. No. 13-12-05-SC-PHILJA, Supreme Court A.M. No. 13-12-05-SC-PHILJA, Supreme Court En Banc, Resolution dated January 14, 2014.En Banc, Resolution dated January 14, 2014.
Philippine Mediation Center (PMC) Caloocan Philippine Mediation Center (PMC) Caloocan UnitUnit
Alternative Dispute Resolution (ADR)Amicable Dispute Resolution
Arbitration
Mediation
Conciliation
Minitrial
Fact-FindingJudicial Referee
Man must evolve for all human conflict a method which rejects revenge, aggression, and retaliation. The foundation of such a method is love.
When to use mediationWhen to use mediation The parties need to be open to receiving helpThe parties need to be open to receiving help
—a phenomenon known as —a phenomenon known as ripenessripeness The parties participate voluntarily—they are The parties participate voluntarily—they are
not forced to enter into the processnot forced to enter into the process The mediator must be acceptable to all the The mediator must be acceptable to all the
parties to the parties to the disputedispute
80% chance of successLeaves customers in controlBetter outcomeQuickLess costlyFlexibleLess stressMore fun
Features of Mediation
PrivateConfidentialSpeedyCost effectiveFlexibilityInformalityFocus on the needs and interestsMutually agreed settlement Agreement
Asia’s Prime Location for Dispute Resolution Services www.hkiac.org
The main thing is to keep the main thing
the main thingStephen R. Covey
The Seven Habits of Highly Effective People, 1989
Mediation really can be mainstream by
Advantages of Mediation
It can take place quickly and often with relatively little expense in contrast to taking the dispute to a court or a tribunal. It focuses on the parties’ real commercial, emotional and psychological needs and not just on their legal rights. It gives the parties an opportunity to participate directly and informally in resolving their own dispute. It gives the parties control over the process itself and theoutcome. It produces outcomes which are likely to endure because theparties themselves have chosen them. It eliminates the conflict and hostility that nearly alwaysaccompany the compulsory decision of the dispute by a court or tribunal. It can improve understandings between parties with an ongoingrelationship. Asia’s Prime Location for Dispute Resolution Services www.hkiac.org
1. Mediator’s Opening Statement
2. Parties’ Opening Statement
3. Setting of Agenda and Issues
4. Joint Discussion, Negotiation and Caucus
5. Generation of Options and Agreement Writing
MEDIATION MODEL IN PRACTICE
Source: MDR Associates Conflict Resolution, Inc. Ottawa, Canada
Mediator Interventions to balance emotions and reason include:
- “Go to the Balcony”- Interruption
- Naming (the behaviour)- Questioning - Clarifying- Summarising- Acknowledging- Mirroring- Correcting- Diverting- Priming (suggest/ hypothetical)- "What If"/ Suppose that- Role Reversal- Perceptual Positioning (move to second person)- Reframing- Make decisions based on risk assessment and not moral judgment
PRACTICE MEDIATOR LINES
FORUM PHASE - DEALING WITH THE PAST AND THE PRESENT
Can we agree that as a ground rule, we will ...Remember, you both agreed not to interrupt..
Tell me more about that.When did this happen?
So what you are saying is ...Wait. Let me be sure I understand correctly. You're saying ...
So, as far as you are concerned ...What else is important?
Could you tell more about that?How do you feel about what happened?
What do you mean by that?Is there anything else you want to add?
Let's move to the issue of ...Can you tell me more about ...?
What additional information do you have on that?Of all that you have talked about, what is most important to you now?
NEGOTIATION PHASE - DEALING WITH THE FUTURE
What could X do to help you solve this problem?"What can you do to help solve this problem?
Do you have any other ideas for solving this problem?What do you think will happen if you can't negotiate a solution?
How do you want things to be between the two of you?Is what you are talking about now helpful in reaching a solution?
Put yourself in Mr./Ms. X's shoes. How do you think they feel right now.What do you have in mind on that topic?
If X were to do A, what would you be willing to do?What I hear you saying is that you might be willing to ...
You both seem to agree that ...Do you agree with the solution that we are talking about?
What you are talking about sounds like it might work. What will happen if ...
MUCH LATER - MEDIATOR SUGGESTIONS:How would you feel about ...
Review the relationshipReview the relationship Engage in contingent bargainingEngage in contingent bargaining
"If they were to "If they were to , what could you do?", what could you do?" "For you to "For you to , what would you expect them , what would you expect them
to do?"to do?" Narrow the differencesNarrow the differences
Save faceSave face Emphasize progressEmphasize progress
Questions to Determine a Party’s Questions to Determine a Party’s InterestsInterests
What is important to you about this issue/ this What is important to you about this issue/ this action/ this party?action/ this party?
What bothers you about this situation?What bothers you about this situation? How does the other party/ the action affect How does the other party/ the action affect
you?you? Could you explain why this issue/action means Could you explain why this issue/action means
so much to you?so much to you?
THE POWER TO MEDIATE“ Disputes, unlike wine, do not improve withaging. Many things happen to a cause andto parties in a dispute by the simplepassage of time and almost none of themare good. Delay in settlement or disposalof conflicting claims is … a primary enemyof justice and peace in community.”- The Hon. Willard Z. Estey,Former Justice, Supreme Court of CanadaElaine Wintwww.elainewint.comCaribbean Tourism HRConference - 2008
Position vs. InterestsPosition vs. InterestsA DefinitionA Definition
POSITIONSPOSITIONS are are WHAT WHAT a party feels, believes or a party feels, believes or wants. They are proposed solutions for the party's wants. They are proposed solutions for the party's issues.issues.
INTERESTSINTERESTS are are WHYWHY a party feels, believes or a party feels, believes or wants a certain thing. They describe what is wants a certain thing. They describe what is important about the issue. They may or may not have important about the issue. They may or may not have solutions yet, but they are open to possibilities.solutions yet, but they are open to possibilities.
Mediation ToolboxMediation Toolbox
ListeningListening To hearTo hear
ContentContent EmotionEmotion
ss valuesvalues
RespondinRespondingg• To acknowledge To acknowledge
and clarify byand clarify by– ParaphrasingParaphrasing– SummarizingSummarizing– QuestioningQuestioning– ReframingReframing– ReflectingReflecting
Bridging Differences
• To promote understanding– Summarizing– Questioning– Reframing
Undergraduate/Undergraduate/Masters programsMasters programs 80 in USA 80 in USA 15 in UK/Ireland15 in UK/Ireland 6 in Europe6 in Europe 14 in Japan14 in Japan 3 in Australia 3 in Australia 4 in Latin America4 in Latin America 7 in Israel7 in Israel 1 in Africa1 in Africa 1 starting in Peshawar,1 starting in Peshawar, Pakistan(Coex alum!) Pakistan(Coex alum!)
PhD programs
George Mason University Notre Dame Nova Southeastern University of Manitoba University of Sydney University of Bradford American University Lancaster University Bar Ilan University University of Gotheborg Uppsala University Kings College London
Any occupation wishing to exercise authority must find a technical basis for it,assert an exclusive jurisdiction,
link both skill and jurisdiction to standards of trainingand convince the public that its services
are uniquely trustworthy and tied to a set of professional norms
Harold J. WilenskyProfessor Emeritus of Political Science, UC Berkeley
The Professionalization of Everyone? 1964
Mediation has come a long way, but still has much further to go. The field now needs to evolve quickly into a true
profession. High minimum practice and ethical standards need to be set,
made transparent and achieved internationally; users of mediation need to see these standards operating
effectively. More and better information must be made available by individual mediators about their skills, capabilities and
personalities. Quality and Transparency together will enable mediation to
grow.Lord Woolf of Barnes, 2009
Lord Chief Justice of England & Wales, 2000-2005International Academy of Mediators’ Lifetime Achievement
Award 2009
WhatMediation
Looks Like
What Mediation
Looks Like
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C C E P T A N
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A R D S T I C K S
The The Keys Keysto Mediation as a Global Professionto Mediation as a Global Profession
C A T I O N S
7
Be a Yardstick of Quality.Be in an environment
where excellence is expected
Steve Jobs
Want comes to our mind when there is a CONFLICT
The Nature of Conflict•Say things we don’t mean and mean things we don’t say•Capacity to confuse and hypnotize, making us believe there is no way out other than confrontation•Possesses a dark, hypnotic, destructive power•Alternately strokes and crushes our egos•Speaks to a deep and ancient part of our soul that thirsts for power and revenge•Emotions become enormously powerful and overwhelming •We become aggressive, judgmental, and hysterical or else, passive, apathetic and defensive.
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.
“Do not find fault, find a remedy.”
-- Henry Ford
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…
THE CONFLICT WITHIN“We accuse others,we excuse ourselves” Unknown
JOHARI WINDOW-A TOOL TO JOHARI WINDOW-A TOOL TO MANAGE CONFLICTMANAGE CONFLICT
Information known to every one
ShareFeedback
Knowledge belongs only to Others
Knowledge belongs only to Self
Knowledge acquired by learning together
What we know and what they know
What we know and they do not know
What they know and we do not know
What we do not know and they do not know
Jettison and BottomryJettison and Bottomry
ShameShame
Palabra de honor!
..
Facilitate CommunicationFacilitate Communication
ASSUMPTIONS PERCEPTIONS
INTERFERENCE
PROJECTION
LANGUAGE
PH
YSIC
AL C
ON
DIT
ION A
TM
OSPH
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HEALTHTIME Q
UESTIO
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“We are what we repeatedly do.
Excellence then, is not an act, but
a habit.”
- ARISTOTLE
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 other person’s triggering action.•Anger – your natural emotional response to the threat, and is necessary for mobilizing self-protection•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.
““There never was a good war or There never was a good war or a bad peace”a bad peace”
Benjamin Franklin Benjamin Franklin Letter, 1773Letter, 1773
What causes conflict in your life?What causes conflict in your life?
Conflict…Conflict… the struggle that results from incompatible or the struggle that results from incompatible or
opposing needs, feelings, thoughts, or demands opposing needs, feelings, thoughts, or demands within a person or between two or more people.within a person or between two or more people.
Cause of ConflictCause of Conflict
opposing opposing viewpoints or viewpoints or opinionsopinions
Everyone Everyone faces conflict faces conflict in a lifetime in a lifetime on a daily on a daily basis. It is basis. It is
an accepted an accepted and expected and expected part of life.part of life.
- - AnonAnon
""ConflictConflict is the gadfly of thought. It is the gadfly of thought. It stirs us to observation and memory. stirs us to observation and memory. It instigates invention. It shocks us It instigates invention. It shocks us out of sheep-like passivity, and sets out of sheep-like passivity, and sets us at noting and contriving conflict us at noting and contriving conflict is a 'sine qua non' of reflection and is a 'sine qua non' of reflection and
Who do you think you are? I’ll see you in courtI’m going
to take a
grievance
You bully
“The most intense conflicts, if overcome, leave behind a sense of security and calm that is not easily disturbed. It is just these intense conflicts and their conflagration which are needed to produce valuable and lasting results.” - Carl Jung (1875-1961)
“Conflict involves struggles betweentwo or more people over values, orcompetition for status, power andscarce resources.” - Moore 1986
• Conflict is inevitable.• It need not be viewed as only a negative process.• Has both productive and destructive potential.• Conflict if mismanaged, however, can threaten relationships, systems and institutions.
CONFLICT IS PRODUCTIVE… When:• Used to create and innovate• The organization develops dispute resolving systems and procedures• We see it as value neutral rather than negative• We use the opportunity for growth• We share new information • There are new solutions which includeeveryone’s perspective• We separate the people from the problem• We discover our “hot button” triggers and findeffective ways to cool down our reactions• We learn problem solving skills• Attention is focused on the hidden costs
Elaine Wint
Paano sasabunutan ang kalbo?Paano sasabunutan ang kalbo?
Ultimately the best way to understand a highly charged situation is to take a step back. – Peter Greenaway
Proof of the backwardness into which we Proof of the backwardness into which we have fallen are the multitude of laws, the have fallen are the multitude of laws, the discontent of both parties, the cases that discontent of both parties, the cases that last an eternity handed down from fathers last an eternity handed down from fathers to sons and grandsons, the enormous to sons and grandsons, the enormous expenses that the aggrieved party has to expenses that the aggrieved party has to defray so that he may get justice.defray so that he may get justice.
JOSE P. RIZAL
(1861-1896)
"We are constantly being astonished at the amazing discoveries in the field of violence. But I maintain that far more undreamt-of and seemingly impossible discoveries will be made in the field of non-violence.”--M. K. Gandhi (Photos in this presentation have been taken from various websites)
Celebrate Human Diversity!
The place to be happy is here; the time to be happy is now; and the way to be happy is to make others happy.
– Robert Ingersoll
We may wish to abolish conflict, but we can’t get rid of diversity.We must face life3 as it is and understand that divsersity is its most essential feature.Fear of difference is fear of life itself.
Litigation merely continues andLitigation merely continues and
offends nature; it does not heal.offends nature; it does not heal.
ConfuciusConfucius
We may try to manage conflict by avoiding, ignoring or denying it.We might use the gun, or even the law…
…but talk is the only way to resolution……there is no other way…
It is better to understand a little
than to misunderstand a lot
Anatole France, 1844-1924
Organisational Life Perceived & Experienced Differently by Individual Members
The six blind men
No one sees things from all points of view
Thank you for your Thank you for your participation. participation.
Best of luck in your Best of luck in your Conflict Conflict
Resolution EffortsResolution Efforts
Via MEDIATIONVia MEDIATION
ReferencesReferences
International Chamber of Commerce (ICC)International Chamber of Commerce (ICC) Supreme Court of the Philippines (SCP)Supreme Court of the Philippines (SCP) Philippine Judicial Academy (PhilJA)Philippine Judicial Academy (PhilJA) Philippine Mediation Center (PMC) OfficePhilippine Mediation Center (PMC) Office Department of Justice (DOJ)Department of Justice (DOJ) Office for Alternative Dispute Resolution (OADR)Office for Alternative Dispute Resolution (OADR) Private corporate and individual website addresses as duly Private corporate and individual website addresses as duly
acknowledgedacknowledged Trainors, Speakers, Authors duly quoted herein.Trainors, Speakers, Authors duly quoted herein. International Mediation Institute (IMI)International Mediation Institute (IMI)
