Alternative Dispute Resolution (ADR) Reviewer
Alternative Dispute Resolution (ADR) Reviewer
Alternative Dispute Resolution (ADR) Reviewer
ADR ACT OF 2004 - RA 9285 An Act to Institutionalize the Use of an Alternative Dispute Resolution System in
Philippines and to Establish the Office for Alternative Dispute Resolution, and for Other Purposes
Lawyer’s Role
1. As integral part of the judicial sytem - contribute to the promotion of ADR
2. As part of their duties to the court - assist in encouraging the parties to avail ADR
3. As part of their duties to their clients - explain the benefits of ADR to them
4. Play the role of ADR provider or practioner
What is ADR?
A system, using means and methods allowed by law and approved by the parties, for the purpose of resolving or facilitating
the resolution of disputes and controversies between them, in an expeditious and speedy manner, without resorting to court
adjudication.
Any process or procedure used to resolve a dispute or controversy, other than by adjudication of a presiding judge of a court
or an officer of a government agency which neutral third party participates to assist in the resolution of issues
Principles of ADR
Features of ADR
1. a means used to resolve a dispute or controversy
2. utilizes means and methods allowed by law
3. contractual in nature
4. avoids court trial
5. usually involves the participation of a neutral third party
Sources of ADR
1. Domestic laws and rules
2. Acts of the executive branch
3. Decisions of the supreme court
4. International laws
5. General Principles of law and equity
Forms of ADR
1. Arbitration
2. Mediation
3. Conciliation
4. Neutral and Early Neutral Evaluation
5. Mini-trial
6. Combination
7. Innominate ADR Form
Classification of Forms of ADR
Classification
Components of ADR
1. contending parties
2. dispute or controversy
3. form of adr
4. adr provider or practitioner
exception:
1. civil status of a person
2. validity of marriage
3. jurisdiction of courts
4. future legitime
5. criminal liability
6. those which by law, cannot be compromised
What is Mediation?
A voluntaru process in which a mediator, selected by the disputing parties, facilitates communication and negotiation, and
assists the parties in reaching a voluntary agreement regarding a dispute
Exlusions:
1. court-annexed mediation : conducted under the auspices of the court
2. court-referred mediation : mediation ordered by a court to be conducted in accordance with the agreement of the
parties when an action is prematurely commenced in violation of such agreement
3. conciliation conducted by the Pangkat ng Tagapagsundo
4. judicial dispute resolution : conducted by the judge of a pending case after a failed CAM
Classification of Mediation
1. Non-evidentiary / Non-merit based
2. Institutional or ad hoc
Place of Mediation
GR: parties’ agreement
Default: any place convenient and appropriate to all parties
**shall be held in private unless consented not
Stages in Mediation
1. Opening statement of the mediator
2. Individual narration by the parties
3. Exchange by the parties
4. Summary of issues
5. Generalization and evaluation of options
6. Closure
**not obligatory
Conclusion of Mediation
1. by execution of MSA
2. by the withdrawal of any party from mediation
3. by the written declaration of the mediator that any effort would not be helpful
Advantages of Mediation
1. Confidentiality
2. Prompt, economical and amicable resolution
3. decision-making authority rests with the parties
Confidential Information - any info relative to the subject matter of med or arb, expressly intended by the source not to be
disclosed, or obtained under circumstances that would create a reasonable expectation on behalf of the source that the info
shall not be disclosed
1. expressly confidential
2. impliedly confidential
Mediator
Selected by the parties
May withdraw or may be compelled to withdraw when:
1. requested by the party/ies
2. does not have the qualifications
3. impartiality is in question
4. continuation of process will evaluate ethical standards
5. safety of any one of the parties will be jeopardized
6. inability to provideeffective services
7. conflict of interest
8. others - provided by IRR
What is Arbitration?
a voluntary dispute resolution proces in which one or more arbitrators, appointed in accordance with the agreement of the
parties or rules promulgated pursuant to ADR Act, resolve a dispute by rendering an award
Arbitration vs Mediation
Arbitration Mediation
arbitrator decides the dispute by rendering an parties decide and executes the MSA
award
Kinds of Arbitration
1. Compulsary - the process of settlement of labor disputes by a government agency which has the authority to
investigate and to make an award which is binding on all parties, and as a mode of arbitration where the parties are
compelled to accept the resolution of their dispute through arbitration by a third party
1. Voluntary - involves the reference of a dispute to an impartial body, the members of which are chosen by the
parties themselves, which parties freely consent in advance to abide by the arbitral award issued after the proceedings where
both had the opportunity to be heard
Classification of Arbitration
1. Domestic - the components of parties’ places of business , place of arbitration… are all located in the Phils
2. International
a. parties’ places of business is in different states
b. place of arb (AA), is outside the Phils
c. place where substantial part of the oblig is to be performed is outside Ph
d. parties expressly agreed that the subj matter of AA relates to more than 1 country
1. Foreign - arb is conducted outside the Phils
2. Commercial - covers matters arising from all relationships of a commercial nature, whether contractual or not
Formal Requirement
1. in writing
2. subscribed by the parties or their reps
International
1. parties’ places of business - in different states
2. place of arb (AA)- outside Phils
3. place of substantial part of the oblig - outside Phils
4. parties expressly agreed - SM of the arb - relates to more than one country
Commercial
1. covers matters arising from all relationships of a commercial nature (contractual or not)
Place/Venue
GR: agreement
Default: Metro Manila