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TRAINING ON: KALAHI CIDSS Grievance Redress System (GRS)- Alternative Dispute Resolution (ADR) June 18, 2015, 8:30a.m. – 5:00p.m. ACC Conference Hall San Pascual, Masbate

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Page 1: GRS ADR Training

TRAINING ON:KALAHI CIDSS

Grievance Redress System (GRS)- Alternative Dispute Resolution

(ADR)

June 18, 2015, 8:30a.m. – 5:00p.m.ACC Conference Hall

San Pascual, Masbate

Page 2: GRS ADR Training

• Definition of KC GRS• Principles of GRS• Types of Grievances• GRS Handling Structure• WORKSHOP• Conflict and Conflict Resolution• Alternative Dispute Resolution• Arbitration and Mediation• The mediation process• WORKSHOP• Comments to Workshop Output & Closing message

Outline

Page 3: GRS ADR Training

a mechanism whereby: queries or clarification about the Project are

responded to, problems that arise out of implementation are

resolved, and complaints and grievances are addressed

effectively and efficiently.

KC GRS

Page 4: GRS ADR Training

Transparency Socially inclusive and open Institutional capacity-building for good

governance Simple and accessible Quick and proportional action Objective and independent Anonymity and security Due process

GRS Principles

Page 5: GRS ADR Training

Rights

Right to information Right against intervention Right to a graft-free project Right to participate and be heard Right to informed consent

Rights and Obligations of KC Participants

Page 6: GRS ADR Training

Obligations arising from project principles MOA provisions project recognition of rights of stakeholders generally accepted norms of conduct dictated by

legal precepts or cultural practices

A complaint or grievance is usually filed because of a personal or collective belief that there was a violation of a right or a non-fulfilment of an obligation.

Rights and Obligations of KC Participants

Page 7: GRS ADR Training

Type Description

A Queries, comments and suggestions (non-contentious)

B Compliance with project processes, MOA and other KC implementation arrangements (non-performance of obligations )

C Conformance with KC/Gov’t Procurement and Finance guidelines (violation of law).

Grievance Types

Page 8: GRS ADR Training

GRS Manual Edited

J anuary 2012

Grievance Redress & Monitoring Organizational Structure

NSC

DSWD Secretary

National Project Director

Deputy Project Director

National Project Manager

National Grievance Monitor

Designated Fact-finding Body

National Grievance Action Officer

(Director for Legal Services)

Regional Grievance Officer

(Regional Project Manager)

Deputy Regional Grievance Officer

(Regional Project Coordinator)

DSWD Retainer Lawyer

Regional Project Director

Regional Grievance Monitor

(M&E Officer)

Municipal Grievance Monitor

(Area Coordinator)

Barangay Grievance Monitor

(Community Facilitator)

Designated Fact-finding Body

M&E Specialist

Supervising Grievance Field

Officer (CD Specialist)

5 member BA fact-finding group

5 member MIBF fact-finding group

Special MIBF

Special BA

Page 9: GRS ADR Training

GRS Manual Edited

J anuary 2012

Grievance Redress & Monitoring Organizational Structure

NSC

DSWD Secretary

National Project Director

Deputy Project Director

National Project Manager

National Grievance Monitor

Designated Fact-finding Body

National Grievance Action Officer

(Director for Legal Services)

Regional Grievance Officer

(Regional Project Manager)

Deputy Regional Grievance Officer

(Regional Project Coordinator)

DSWD Retainer Lawyer

Regional Project Director

Regional Grievance Monitor

(M&E Officer)

Municipal Grievance Monitor

(Area Coordinator)

Barangay Grievance Monitor

(Community Facilitator)

Designated Fact-finding Body

M&E Specialist

Supervising Grievance Field

Officer (CD Specialist)

5 member BA fact-finding group

5 member MIBF fact-finding group

Special MIBF

Special BA

National Grievanc

e handling Structure

Regional Grievance handling Structure

Municipal Grievance handling Structure

Barangay Grievance handling Structure

Page 10: GRS ADR Training

Information dissemination on GRS (1st BA)

GRS volunteers identified and Grievance/Fact-finding Committee established

CV training on handling of grievances conducted

Information materials available with grievance hotline (at least 1 of the ff: manual at Brgy. Hall, pamphlets/brochures given to HH, posters)

Means of reporting grievances available (at least 1 of the ff: grievance/suggestion box, phone nos., office address)

GRS Installation Checklist

Page 11: GRS ADR Training

Transition

Community-BasedEvaluation

Accountability Reviewand Reporting

Implemnt’n of O&M Plan

Implemnt’n of SP

& M&E

Pre-Implemnt’n Workshop

Implmt’n SP & O&M Plan & M&E

GRS Installation in CEAC

Community Consultation

(BA)

PSA

Barangay Orientation

(BA)

Municipal Orientation

SocialPreparation

Stage

Criteria Setting

Workshop MIBF

Project Development Workshop

Community Consultations (BA)

Project Identification, Selection, and

PlanningStage

MIAC Technical Review of Proposals

Preparation of detailed

Proposals

Community Consultation

s

MIBF – MDC Engagement

s

Community Consultations (BA)

Prioritization and approval of

Proposals (MIBF)

Project ApprovalStage

MIBF-EC Review of Pending Proposals

GRS Orientation

SBA and BA fact-finding group

formation

Special MIBF

and MIBF Fact-

finding group

Page 12: GRS ADR Training

KC interventio

n/ role

Grievance

Handling Structure

or Committe

es

Composition GRS Function

RCDS/ACT:• Training

of CVs to handle grievance and maintain viable structure

• Ensure active involvement of communities in GR

AC and CF:• Act as

Grievance Monitors at mun’l/MIBF level

MIBF • Regular members: 3 elected reps. from each BRT

• Associate members: NGO sector, local media, academe, heads of MLGU offices

• Venue for grievance redress (esp. for Types A and B)

Special MIBF

• 1 BRT member from each barangay; elected by MIBF during Criteria Setting Workshop (CSW)

• Act on grievance, suggestions, comments or queries brought to their attention

• Assist ACT in GRS installation

MIBF Fact-Finding Group

• 5 members of Special MIBF selected through drawing of lots; organized during CSW

• Verify data, gather relevant info. and clarify issues/concerns referred to SMIBF

MIAC • Inter-agency and inter-disciplinary group

• Facilitates redress of technical problems inherent to proj. dev’t and implementation

Grievance Handling at Municipal Level

Page 13: GRS ADR Training

KC interventio

n/ role

Grievance

Handling Structure

or Committe

es

Composition GRS Function

RCDS/ACT:• Training

of CVs to handle grievance and maintain viable structure

• Ensure active involvement of communities in GR

AC and CF:• Act as

Grievance Monitors at mun’l/MIBF level

BA • Filipinos aged 15 yrs and above

• Residing in brgy for past 6 mos.

• Registered as BA member

• Venue for grievance redress (esp. for Types A and B)

Special BA (SBA)

• 3 reps. from each purok; selected by BA during 1st BA

• Act on grievance, suggestions, comments or queries brought to their attention

• Assist ACT in GRS installation

BA Fact Finding Group

• 5 members of SBA selected through drawing of lots; organized during 1st BA

• Verify data, gather relevant info. and clarify issues/concerns referred to SBA

Lupon Tagapamayapa

• Barangay Chair and not more than 20 members; organized in every barangay

• Settling of disputes through mediation, conciliation or abitration

Grievance Handling at Barangay Level

Page 14: GRS ADR Training

Grievance Handling Process

1. Initiatio

n

2. Processin

g and Action

3. Feedbac

k

4. Follow-

up

Who may file? • Anyone with complaint

Channels: • Letters• Emails• Text messages• Verbal narration

from walk in complainants

• Phone calls/Fax• Suggestion boxes

INITIATION

Where to file? • Any level of the project’s

implementation structure -- DSWD central and regional offices, Municipal/MIBF and Barangay levels

Who may receive grievances, comments or queries?• Any KC staff • DSWD designated staff• Any MIBF or BA member

Page 15: GRS ADR Training

Grievance Handling Process

1. Initiatio

n

2. Processin

g and Action

3. Feedbac

k

4. Follow-

up

A. Sorting and Intake• Determine type of complaint• How to address it• Where to refer

PROCESSING AND ACTION

B. Verification• Gathering of facts and

clarifying info.

Level Intake Officer Verification/ Fact-finding body

DSWD Central Office

Designate of PD/DPD/PM/ NGM

Designate of PD/DPD/PM/NGM

DSWD Regional Office

Designate of RD/RPM

Designate of RD/RPM

Municipal/ MIBF level

AC Municipal: AC/CDSMIBF: MIBF Fact-finding group

Barangay level CF BA Fact-finding group

Page 16: GRS ADR Training

Grievance Handling Process

1. Initiatio

n

2. Processin

g and Action

3. Feedbac

k

4. Follow-

up

• Process of informing the complainant or aggrieved party of complaint status

• Provision of information required by stakeholder

If unknown • Status or the redress documents covering the

complaint will be posted in municipal and barangay bulletin boards

FEEDBACK

Page 17: GRS ADR Training

Grievance Handling Process

1. Initiatio

n

2. Processin

g and Action

3. Feedbac

k

4. Follow-

up

• Determine result/outcome of resolved grievances• Must be done to all resolved grievances immediately

upon the feedback - check if final resolution yielded positive result to

aggrieved party or to the community in general- Ask complainant if satisfied/not satisfied with the

resolution of the issue

**RGM should also conduct audit to review if handling of grievances was in accordance with the GRS process.**

FOLLOW-UP

Page 18: GRS ADR Training

Grievance

TypeActivities Resolution

A

Query, Comment, Suggestion

• Immediate response to query or comment

• Referral to appropriate office/level

All queries shall be responded to within 5 days.

• Responded to questions/clarifications of a person and he/she is satisfied with the response

Grievance Handling by Type of Grievance

Page 19: GRS ADR Training

Grievance

TypeActivities Resolution

B

Non-Performanc

e of Obligations

of any of the Parties Involved

Upon intake:• CF/AC endorses grievance to

SBA or SMIBF Fact Finding Group

• SBA/SMIBF Fact Finding Group gathers info. and presents findings to SBA/SMIBF

• SBA/SMIBF decides and acts on the grievance:

- Imposition of sanctions- Compromise agreement-Referral to appropriate body or level

• Designated Grievance Monitor secures GR MOVs

• Resolved at BA or MIBF level

• Resolved when the obligations to one or more parties have been complied and that all parties are satisfied with the actions taken

Ex. LGU provided LCC commitment to barangay

Grievance Handling by Type of Grievance

Page 20: GRS ADR Training

Grievance Type

Activities Resolution

C

Violation of Law

(misuse of funds,

corruption allegations, falsification

of documents,

etc.)

Upon intake:• CF/AC endorses grievance to

SBA or SMIBF Fact Finding Group

• SBA/SMIBF Fact Finding Group gathers info. and presents findings to SBA/SMIBF

• SBA/SMIBF decides and acts on the grievance:

- Imposition of sanctions- Compromise agreement- Referral to appropriate body or level

• Designated Grievance Monitor secures GR MOVs

• Usu. resolved in courts; SBA or SMIBF for out-of-court settlement

• Resolved when:- Money/materials were

returned (Misuse of funds)

- Rebidding conducted in accordance with the procurement law (Procurement violations)

- Appropriate sanctions to group/indiv. Have been imposed

Grievance Handling by Type of Grievance

Page 21: GRS ADR Training

Grievance Type

Action Resolution

Complaints against project staff,

MIAC and MIBF

members, staff from participat

ing agencies

1. Complaint against project staff• Project staff endorses grievance

to higher level (RPMT)• RPMT grievance committee

gathers relevant info- SBA/SMIBF Fact Finding

Group may also act on complaint and present findings and recomm. to DSWD

• Proj. Mgmt. acts and decides on the final resolution based on info. from Mgmt. fact finding group and SBA/SMIBF

• Designated Grievance Monitor secures GR MOVs

• Resolved at the level of participating agencies

• Resolved when:- Agreement has been

reached between parties involved on how to prevent recurrence of grievance

- Wrong doing/misdeed has been corrected

- Appropriate sanctions has been imposed to the individual

Grievance Handling by Type of Grievance

Page 22: GRS ADR Training

Grievance Type

Action Resolution

Complaints against project staff,

MIAC and MIBF

members, staff from participat

ing agencies

2. BLGU, MLGU staff, MIBF members and other CVs- Same process as Type B

3. Staff of other participating agencies- Same process as Type B

- A rep. from the Agency embodied by the person/party with grievance will be involved/informed of the actions taken, findings, agreements and final resolution of the grievance

- SBA/SMIBF decides and acts on the grievance:

- Imposition of sanctions- Compromise agreement- Referral to appropriate body or level

• Resolved at the level of participating agencies

• Resolved when:- Agreement has been

reached between parties involved on how to prevent recurrence of grievance

- Wrong doing/misdeed has been corrected

- Appropriate sanctions has been imposed to the individual

Grievance Handling by Type of Grievance

Page 23: GRS ADR Training

Level Possible Sanctions* that may be

impose d

SBA or SMIBF • Compromise agreement• Warning• Public Reprimand

Regional Project Manager (Regional Grievance Monitor)

National Project Manager

• Suspension from KC for 1 or 2 cycles• Disqualification for the entire project

duration from proposing certain types of SP

• Non-renewal of project staff

Sanctions

Indiv., group of indiv., sitio, group of sitios, brgy., group of brgys., cluster and municipality

Any sanction shall be without prejudice to the penal, civil or administrative sanctions that may be imposed by pertinent laws or guidelines.

Page 24: GRS ADR Training

Any person who does not agree with the

decision on a complaint or grievance may file an appeal with the next higher level of the GRS or to any appropriate office.

Should be resolved by the receiving office within 30 working days.

Appeals

Page 25: GRS ADR Training

Shall be used by ACT, particularly the CFs in capturing the ff:

• Issues raised and immediately addressed through BA• Issues and concerns that were settled by concerned

parties through dialogue• Community concerns that are not yet reported as

grievances but may have implications in future implementation

• Issues and concerns that came out during visits to barangays

May be community-based issues or operational issues that hamper in performance of duties

PINCOsProblems, Issues, Needs, Concerns and

Observations

Page 26: GRS ADR Training

Date Narrative Description

Resolution of the Issue/

Actions Taken

Recommendation (if any)

(Action needed from

RPMO/NPMO/ other agencies)

PINCOs Capture Form

• Operation and Management PINCOs

• Community PINCOs

Page 27: GRS ADR Training

Main role: ensure installation and functionality of GRS in project areas.

Info. dissemination, capacity building, TA Conduct GRS orientations to various stakeholders Simplify localize grievance brochure Provide coaching on GRS handling process and conflict resolution to field

staff Provide adequate support system (ex. info. boards and posters,

communication system, provision of mediators upon request of BA/MIBF)

M&E Monitor resolution of grievances and response to queries and suggestions Ensure sufficient grievance intake and report forms Conduct quarterly ex-post review of at least 10% of all decisions of SBA and

SMIBF Include in RPMT meeting agenda updates on GRS installation/functionality Submit monthly and quarterly reports to Central Office

Roles of RPMT

Page 28: GRS ADR Training

Monitor and ensure installation of GRS Coach grievance volunteers on GRS handling

process conflict resolution Receive complaints and accomplish intake

forms Convene grievance volunteers and facilitate

resolution of complaints and issues Monitor resolution and ensure closure to every

grievance Submit weekly, monthly and quarterly reports

to regional office

Roles of ACT/MCT

Page 29: GRS ADR Training

KPI #4 80% of registered grievances satisfactorily resolved in line with KC GRS

KPI Activity Milestone #4 100% of barangays with BAs oriented on KC GRS

GRS Key Performance Indicators (KPI)

Page 30: GRS ADR Training

Monthly and quarterly submission of

the following reports*:- Inventory of grievance cases- GRS installation at municipal and barangay

levels- PINCOs

*Submitted to the Regional Grievance Monitor on the 30th of every month

Reportorial Requirements

Page 31: GRS ADR Training

Bible Verses on Conflict Resolution

James 1:19

Know this, my beloved children: let every person be quick to hear, slow to speak, slow to anger;

Proverbs 15:1A soft answer turns away wrath, but a harsh word stirs up anger.

Matthew 5:9 Blessed are the peacemakers, for they shall be called children of God.

Page 32: GRS ADR Training

WORKSHOP

Instruction: Identify common grievances on each of the

following stages: Project Selection and Identification for PRA Project Development Sub-Project Implementation Project Management Operation and Maintenance

Use the matrix on the next slide and supply the needed data (Grievance, Action Taken, Responsible Person)

Page 33: GRS ADR Training

Stage: __________________COMMON GRIEVANCES

ACTIVITIES/ACTION TAKEN

RESP. PERSONS

Page 34: GRS ADR Training

CONFLICT AND CONFLICT RESOLUTION

Page 35: GRS ADR Training

Introduction

The concept of conflict , being an outcome of behaviors, is an integral part of human life. Where ever there is interaction, there is conflict. Conflict can be considered as an expression of hostility(unfriendliness or opposition), negative attitudes, antagonism, aggression, rivalry and misunderstanding.

Page 36: GRS ADR Training

Definition of Conflict According to Follett, “ Conflict is the appearance of difference , difference of opinions, of interests.”

According to Louis R. Pondy, ‘Conflict’ is:

(i)Antecedent conditions, for example: Scarcity of resources, policy differences among individuals, etc.,

(ii)Effective states of the individuals involved, for example: stress, tension, hostility, anxiety, etc.,

(iii)Cognitive states of individuals, i.e., their perception of awareness of conflict situations.

(iv)Changed behavior ranging from passive resistance to overt aggression.

Page 37: GRS ADR Training

It is a process that begins when one party perceives that another party has negatively affected, or is about to negatively affect something that the first party cares about.

Conflict is a psychological state of mind when people are in a dilemma whether to do or not to do a thing, is a state of conflict.

Page 38: GRS ADR Training

Whom do we come into conflict with?

Page 39: GRS ADR Training

Types of conflict

•Functional / Constructive – support the goals of the group and improves its performance.•Dysfunctional / Destructive – conflict that hinders group performance.•The functional conflicts can be differentiated from the dysfunctional conflicts on the basis of the following three attributes:(i)Task Conflict: Related to content and goals of the work.(ii)Relationship Conflict: Focuses on interpersonal relationships.(iii)Process Conflict: Process conflict relates to how the work gets done.

Page 40: GRS ADR Training

Aspects of ConflictFunctional Aspects:

Stimulant for change

Creativity and Innovation

Group Cohesion

Avoidance of Tension

Identification of Weakness

Challenge

Dysfunctional Aspects:

Resignation of Personnel

Tensions

Dissatisfaction

Creation of Distrust

Goal Displacement

Weakening of Organization

Page 41: GRS ADR Training

Positive Negative• Increased involvement • Unresolved anger• Increased cohesion • Personality clashes• Innovation and creativity • Less self-esteem• Personal growth and change • Inefficiency• Clarification of key issues • Diversion of energy from work• Organizational vibrancy • Psychological well being threatened

• Individual and group identities • Wastage of resources• Negative climate• Group cohesion disrupted.

Positives and Negatives of Conflict

Page 42: GRS ADR Training

Conflict Resolution in Groups

Resolving Intra-Group Conflict : Conflict within a family or team can be resolved if the members recognize and respect roles of each member. All the members need to realize that divided they stand, united they fall. Probably a family friend or head may intervene to resolve the dispute if the members fail to resolve the conflict themselves.

Page 43: GRS ADR Training

Resolving Inter-Group Conflict: The approaches that are available for resolving inter-group conflict are as follows:

a.Problem-Solving

b.Avoidance

c.Smoothen

d.Compromise

e.Expansion of Resources

f.Organization Redesign

g.Superordinate goals

Page 44: GRS ADR Training

Problem-solving: Problem-solving is considered to be the most effective approach available as it emphasizes the attainment of the common interests of both conflicting parties. In Problem-solving strategy, attempts are made to find a solution that integrates the needs of both parties. The two parties work together both to define the problem and to identify mutually satisfactory solutions.

Organization Redesign: Changing organizational structure is another approach for resolving conflict, particularly when the sources of conflict come from the coordination of work among different departments or divisions. One way of redesigning organizations is to reduce task interdependence between groups and give each group clear responsibilities. Another way is to transfer or exchange of members of conflicting groups. An appeal system may also be developed to eliminate the arbitrary use of power.

Page 45: GRS ADR Training

Superordinate Goals: Appealing to superordinate goals is another way of resolving conflict. The superordinate goal is a common goal of both conflicting parties and combined efforts of both parties will be needed to realize the goal. For example: Survival of the organization can be a superordinate goal. Creating an awareness that the organization’s survival will be jeopardized [Put(someone or something) into a situation in which there is a danger of loss, harm, or failure.] if conflicting groups do not work in union and can have a salutary(Producing good effects) effect on disputing parties.

Expansion of Resources: To the extent that scarce resources cause conflict, removing their scarcity will help resolve conflict. If upgradation of one’s position has caused ripples elsewhere, some more jobs might be similarly upgraded. If increased budget allocation to one department has caused heart burn to the members of rival department, the rival division’s allocation can also be correspondingly increased, and so on.

Page 46: GRS ADR Training

Smoothen: The process of playing down the differences between individuals or groups and highlighting their common interests is called smoothening. Finding and emphasizing similarities between conflicting parties, while playing down differences, can eventually lead the parties to realize that the two are not as far apart as was first believed. With shared viewpoints on some issue, the ability to work towards a smoothen can help reduce the intensity of the conflict and avoid an escalation of open hostility. However, smoothen is recommended as a stop gap measure to let people cool down and regain perspective.

Page 47: GRS ADR Training

Key points to remember•Be a model of calm and control•Don't give in to emotional outbursts•Don't assume people are being difficult intentionally•Find a quiet place in to resolve conflicts....privately

Set some ground rules for the discussion:•No raising of voices•This is not a debate•Speak only for yourself..."I" phrases•Confront the issues, not the people•Maintain or enhance self-esteem

Page 48: GRS ADR Training
Page 49: GRS ADR Training

ADR

FORMS OF DISPUTE RESOLUTION

Page 50: GRS ADR Training

What is Arbitration?

The settling of disputes (especially labor disputes) between two parties by an impartial third party, whose decision the contending parties

agree to accept. Arbitration is often used to resolve conflict

diplomatically to prevent a more serious confrontation.

Page 51: GRS ADR Training

What Is Mediation?

A neutral third party called “mediator” helps two or more

parties to solve a dispute or conflict by facilitating their

negotiations.

Page 52: GRS ADR Training

Arbitration vs. Mediation

The main difference between arbitration and mediation is a simple one: arbitrators hand down decisions, just as judges do, which can only be contested under certain circumstances. In other words, by agreeing to arbitration a party agrees to be bound by the arbitrator’s ruling, barring some exceptional deviation from the normal procedure.

Page 53: GRS ADR Training

The basic similarities and differences between these two forms of dispute resolution:

MEDIATION ARBITRATIONCan be voluntary or compulsory

(court ordered) Can be voluntary or compulsory (court

ordered)

Trial is stayed (put on pause) pending outcome 

Trial is replaced by arbitration

Generally involves a single mediator 

There might be a single arbitrator or a panel of arbitrators

Mediators need not have any formal legal training 

Arbitrators need not have any formal legal training

Choice of mediator often has an important effect on the settlement

reached 

Choice of arbitrator can be crucial, and especially in panel situations can lead to

further litigation

Mediator’s function is to facilitate negotiation 

Arbitrator’s function is to render a decision on the matter

Mediation ends when settlement is reached or when parties are

deadlocked

Arbitration ends when the decision is handed down

Agreements to mediate are generally enforceable, requiring the parties to make a good faith effort to arrive at a settlement

agreement

Agreements to arbitrate are generally enforceable, requiring the parties to

accept the arbitrator’s decision as if it were a court decision .

Page 54: GRS ADR Training

Michael Noone,in Mediation,outlines four principal characteristics:

a. Accessibleb. Voluntaryc. Confidentiald. Facilitative

Page 55: GRS ADR Training

Facilitative and evaluative styles of mediation:

1. Mediator’s qualification, training, knowledge and experience

2. Some mediator are more evaluative of the subject matter

3. As well as facilitating the process, they will weigh up the arguments on each side, challenge the parties and give a view on positions taken or options raised.

4. They will not act as judge

Page 56: GRS ADR Training

MEDIATION- THE SKILLS NEEDED

There are some people who may be better suited to being mediators.

Negotiation skills You need to know about the different approaches to

negotiation, and how they can be used by the parties in a mediation to similar effect.

You must be a problem solver, and be able to suggest possible offers and counter-offers to each party.

Page 57: GRS ADR Training

Building trust This confidence comes from trust.

Maintaining neutrality You can be challenging and firm, but never

judgmental

Maintaining impartiality As well as appearing neutral about the outcome,

you must treat the parties impartially.

Page 58: GRS ADR Training

Facilitating the process Part of your job as mediator is to ensure that the

process runs as smoothly as possible.

Controlling the process and the people People involved in a mediation can sometimes

behave honestly, calmly and fairly, but they can also sometimes be emotional, selfish, deceitful, rude or bullying.

You will also act as a chairperson when the parties are talking to each other and should be able to stop one party dominating or two people talking at the same time.

Page 59: GRS ADR Training

What should those taking part in a mediation consider?

The role of those acting as lawyers in a mediation is to give advise and to help negotiate with the other side

During the mediation, they must let the mediator take control of the process.

They must employ a creative, problem solving approach.

If they are overly aggressive or confrontational, they may stop the mediation working

Remember that the mediation settlement can include anything the parties will agree to.

Page 60: GRS ADR Training

The Advantages and Disadvantages of Mediation

Advantages A high success rate A chance to be heard A fair one Can be informal Creative Informative Can be fast

Page 61: GRS ADR Training

Cheap Confidential Discussions are all without prejudice Voluntary The parties have more control Convenient Can be used for any kind of dispute

Page 62: GRS ADR Training

Disadvantages

Even a binding agreement which is written down and signed only has the same level of enforceability as an ordinary contract. That doesn’t compare with a court order.

The parties have to agree to mediate. There are some cases where mediation is not

going to be appropriate. Need to get the timing right.

Page 63: GRS ADR Training

The Mediation Process

WHO SHALL BE PRESENT?

-the parties involved

-the mediators

HOW LONG DOES MEDIATION TAKE?

-the full session lasts 1 ½ to 2 ½ hours

- most situations are resolved in one or two sessions

Page 64: GRS ADR Training

1. PREPARATION

The mediator reviews the case ahead of time.

Review necessary skills and approaches which will help for the closure of the grievance

Page 65: GRS ADR Training

2. OPENING OF CONVERSATION

This step sets the tone of the mediation. Mediator shall establish his presence and facilitate effective communication among people involved.

Page 66: GRS ADR Training

3. UNINTERRUPTED TIME

This phase gives each party the chance to hear his/her story without disruption.

It gives the mediator another opportunity to set a serious, respectful mood where each party can begin to listen, express his/her feelings about what has occurred and present what he wants to accomplish in the proceeding.

Page 67: GRS ADR Training

4. THE EXCHANGE

This phase is an open discussion period where the disputing parties, including the mediator, responded to each other’s uninterrupted time allegations or statements and explore information, perceptions, interests and feelings.

This phase is mostly about assisting the parties move towards reconciliation.

Page 68: GRS ADR Training

5. SETTING THE AGENDA

This phase is for reframing the complaints and concerns as a set of issues for problem solving. Together with the participants, the mediator shall define the issue and start to create common ground for negotiation.

STEPS:a) The mediator shall be able to acknowledge the

perspectives and feelings of both parties and summarize what has been accomplished so far during the previous phase.

b) The mediator shall list the topics or issues that need to be discussed.

Page 69: GRS ADR Training

6. Making the Agreement

This phase gives both parties the skill for them to resolve each issue which will help build commitment to the emerging agreement.

Page 70: GRS ADR Training

7. Writing the Agreement

At the last phase of the mediation process, the written agreement gives a clear ending point to the mediation process. The agreement reached by both parties helps them sustain the progress they made during the proceeding. Prior to closing the mediation process, the parties shall commit to what has been agreed.

Page 71: GRS ADR Training

THANK YOU!

Page 72: GRS ADR Training

The Regional Grievance Monitor, thru the

Hotline, received Text Messages coming from certain barangays raising issues and concerns. It was forwarded to the Area Coordinator. The Area Coordinator, in a meeting, designated the CEF concerned to take appropriate action on the Barangay Level. The text message was forwarded to the CEF.

Articulate your action thru Role-Playing using the mediation process.

WORKSHOP

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Peace be with you!