Podcast
Questions and Answers
What is the primary role of the Executive Director of the Office for Alternative Dispute Resolution (OADR)?
What is the primary role of the Executive Director of the Office for Alternative Dispute Resolution (OADR)?
Which of the following is NOT a power of the OADR?
Which of the following is NOT a power of the OADR?
In what areas can the OADR collaborate to conduct training programs?
In what areas can the OADR collaborate to conduct training programs?
Which action can the OADR take regarding seminar proceedings?
Which action can the OADR take regarding seminar proceedings?
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What resources can the OADR's established library contain?
What resources can the OADR's established library contain?
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What is the primary basis for the emergence of tensions and conflicts according to conflict theory?
What is the primary basis for the emergence of tensions and conflicts according to conflict theory?
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Which of the following accurately defines conflict?
Which of the following accurately defines conflict?
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Which statement best reflects the origin of conflict theory?
Which statement best reflects the origin of conflict theory?
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What does the term 'proletariat' refer to within conflict theory?
What does the term 'proletariat' refer to within conflict theory?
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What aspect of social interaction does conflict theory focus on?
What aspect of social interaction does conflict theory focus on?
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Feminist theory extends feminism into which of the following areas?
Feminist theory extends feminism into which of the following areas?
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The literal origin of the word 'conflict' is derived from which Latin term?
The literal origin of the word 'conflict' is derived from which Latin term?
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What is a common characteristic of conflict as defined in the content?
What is a common characteristic of conflict as defined in the content?
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What is the primary focus of critical race theory?
What is the primary focus of critical race theory?
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In what areas does the examination of gender roles occur?
In what areas does the examination of gender roles occur?
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How does critical race theory view racism?
How does critical race theory view racism?
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What distinguishes postmodern theory from modernism?
What distinguishes postmodern theory from modernism?
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What does the term 'critical' in critical race theory refer to?
What does the term 'critical' in critical race theory refer to?
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Which of the following fields is not included in the examination of gender roles and feminist politics?
Which of the following fields is not included in the examination of gender roles and feminist politics?
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Which aspect is common to postmodern theory?
Which aspect is common to postmodern theory?
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Which statement about critical race theory is accurate?
Which statement about critical race theory is accurate?
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What is the basic premise of compromise in dispute resolution?
What is the basic premise of compromise in dispute resolution?
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What does RA 9285 primarily facilitate in the resolution of disputes?
What does RA 9285 primarily facilitate in the resolution of disputes?
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Which of the following is NOT a feature of Alternative Dispute Resolution (ADR) as promoted by RA 9285?
Which of the following is NOT a feature of Alternative Dispute Resolution (ADR) as promoted by RA 9285?
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What is the main objective of the State as stated in the ADR policy?
What is the main objective of the State as stated in the ADR policy?
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Which of the following is a type of ADR system that can be adopted by the Supreme Court according to RA 9285?
Which of the following is a type of ADR system that can be adopted by the Supreme Court according to RA 9285?
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Which statement about RA 9285 is correct?
Which statement about RA 9285 is correct?
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Which of the following does compromise primarily aim for in dispute resolution?
Which of the following does compromise primarily aim for in dispute resolution?
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What is a key feature of the Alternative Dispute Resolution process?
What is a key feature of the Alternative Dispute Resolution process?
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What must a mediator do regarding confidentiality in private sessions?
What must a mediator do regarding confidentiality in private sessions?
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If a mediator believes a party cannot fully participate, what actions can they take?
If a mediator believes a party cannot fully participate, what actions can they take?
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What is the mediator's role regarding the giving of legal advice?
What is the mediator's role regarding the giving of legal advice?
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What must a mediator disclose regarding fees?
What must a mediator disclose regarding fees?
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What is the primary responsibility in resolving a dispute according to mediation guidelines?
What is the primary responsibility in resolving a dispute according to mediation guidelines?
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What should a mediator do if a party is unrepresented by counsel?
What should a mediator do if a party is unrepresented by counsel?
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What does the mediator need to avoid regarding personal opinions?
What does the mediator need to avoid regarding personal opinions?
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What happens to unearned fees if a mediator withdraws?
What happens to unearned fees if a mediator withdraws?
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Study Notes
Conflict
- Conflict occurs when individuals or groups have incompatible goals and one or more believe the other prevents the achievement of these goals.
- The word "Conflict" derives from the Latin word "conflingere" meaning "to come together for a battle."
Conflict Theories
- Conflict theory posits that tensions and conflicts arise from uneven resource, status, and power distributions between groups in society.
- Power, in this context, involves material resource control, political control, and social status.
- Conflict theory originated in the work of Karl Marx, who focused on class conflict between the bourgeoisie and the proletariat.
- Feminist theory focuses on understanding gender inequality, examining social roles, experiences, and interests.
- Critical race theory investigates the relationships between social conceptions of race and ethnicity, social and political laws, and media, portraying racism as systemic and not solely based on individuals' prejudices.
- Postmodern theory, a broad term for various movements, signifies a departure from modernism, highlighting the impossibility of relying on traditional ways of representing reality.
Alternative Dispute Resolution (ADR)
- The Alternative Dispute Resolution Act of 2004 (RA 9285) promotes party autonomy in resolving disputes, encouraging and actively promoting ADR to achieve speedy and impartial justice and to reduce court backlog.
Republic Act No. 9285
- The Philippine government actively promotes ADR as a means to achieve swift and impartial justice and relieve court congestion.
- RA 9285 does not limit the Supreme Court’s ability to adopt ADR systems.
Office for Alternative Dispute Resolution (OADR)
- The OADR is attached to the Department of Justice, headed by an Executive Director appointed by the Philippine President, taking into consideration the Secretary of Justice's recommendation.
- The OADR is empowered:
- To act as an appointing authority for mediators and arbitrators when parties agree in writing.
- To conduct seminars, symposia, conferences, and public fora.
- To establish an ADR library or resource center with various ADR resources from Philippines and other countries.
- To offer training programs for ADR providers and practitioners.
- To charge fees for services, including training and certification.
- To accept donations and grants from local and foreign sources.
- To exercise other powers necessary to implement the provisions of the ADR Act.
Mediation
- A mediator discusses issues of confidentiality and limits with the parties.
- A mediator ensures that each party understands the nature and character of the mediation proceedings, including private caucuses, issues, options, non-settlement alternatives, and their freedom to make choices.
- A mediator can:
- Limit the scope of mediation proceedings to align with a party's ability to participate, and/or recommend securing assistance to continue the process.
- Terminate the mediation proceedings.
- The primary responsibility for dispute resolution and settlement rests with the parties.
- Mediators refrain from giving legal or technical advice, engaging in counseling or advocacy, or expressing personal opinions on a party's merits and rights.
- Mediators may encourage parties without legal representation to seek advice for informed decision making and understanding of proposal implications.
- Regarding fees:
- Mediators disclose and explain fee structures to parties, and are required to return any unearned fees and unused deposits.
- Fee agreements cannot be contingent on the results of the mediation or the amount of the settlement.
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Description
This quiz explores various conflict theories, including the origins and implications of conflict as understood through the lenses of Karl Marx, feminist theory, and critical race theory. Delve into how power dynamics, resource distribution, and social roles contribute to societal conflicts.
