Mabale, Pilar Elaiza L.
JD-2
Example of conflict/dispute
Dealing with Informal settlers occupying on the land of another without title or consent.
Resolve conflict through Mediation.
Appearance
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Parties seeks assistance from a neutral third party (in most cases Brgy. Captain) who will assist
them to reach settlement.
Preparation and rule briefing
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The mediator will walk through the process and will ask each party to help them understand what
brought them to the mediation center and see that they will come up with a resolution that meets
the needs of both parties.
Mediator assures that he/she is not here to make decisions for both parties nor give legal advice.
His/her or job is to come up with a resolution that suits for both parties.
Mediator must be neutral and impartial.
Mediator must explain that whatever discussed during the mediation shall be confidential.
Explains that if both parties will come up with a resolution, they can elevate the case to courts.
Parties must respect each other and speak one at a time.
Statement and Defining of Issues
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The mediator will give each side the opportunity to tell their story uninterrupted. This is to give
both clients an opportunity to frame issues in their own mind. The mediator will ask questions to
get to the emotional undercurrents. The mediator tries to find common goals between the parties.
The mediator will figure out what the issues are and summarise these to the clients.
Developing alternatives that are realistic, attainable and agreeable resolution
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The mediator will propose a brainstorming session to explore potential solutions. The goal of this
stage of the mediation process is to find some common ground by exploring lots of options, and to
bring about possible solutions for the parties to think about. Parties can also entertain alternative
solutions to their problems without committing themselves.
Resolution
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If parties mutually agree to the solution – party will enter into a written agreement.
Conflict Resolved.
Follow-up parties if the terms and condition stipulated in the written agreement is followed.