JANUARY 9, 2023 1

a. Definition of Alternative Dispute Resolution (ADR)- The

ADR Act, Sections 1- 6 1
Nature of ADR 2
➢ RCBC vs. Magwin Marketing Corporation, G.R. No.
152878, 5 May 2003 2
• Nature of ADR Proceedings 2
• Scope of The ADR Act 2
➢ San Jose vs. NLRC, G.R. No. 121227, 17 August 1998 2
➢ San Miguel Corporation vs. NLRC, G.R. No. 108001,
15 March 1996 2
➢ Uy vs. Chua, G.R. 183965, September 18, 2009 2
• Applicability of E-Commerce Act - The ADR Act, Section
4 2
• Liability of ADR Provider and Practitioner – The ADR Act,
Section 5 2

b. Applicable laws which govern ADR in the Philippines 2

c. Constitutional and statutory bases of ADR 3

d. ADR vs. Litigation 3

MODES OF ADR: 4

A. MEDIATION OR CONCILIATION (SECTION 3) 4

What is mediation? 4
➢ INSTITUTIONAL VS. AD HOC 4
❖ COURT-ANNEXED MEDIATION– ADR ACT, SECTION
3(L) 4
❖ COURT-REFERRED MEDIATION - – ADR ACT, SECTION
3(M) 4

B. ARBITRATION 4
❖ DOMESTIC VS. INTERNATIONAL 4
❖ INSTITUTIONAL VS. AD HOC 5
❖ CONCEPT OF PARTY AUTONOMY 5

C. MINI-TRIAL – ADR ACT, SECTION 3(U) 5

D. EARLY NEUTRAL EVALUATION - ADR ACT, SECTION 3(N)

6
 JANUARY 9, 2023
(e) "Arbitrator" means the person appointed to render an
award, alone or with others, in a dispute that is the subject
a. Definition of Alternative Dispute Resolution (ADR)-
of an arbitration agreement;
The ADR Act, Sections 1- 6
(f) "Award" means any partial or final decision by an
arbitrator in resolving the issue in a controversy;
CHAPTER 1 - GENERAL PROVISIONS
(g) "Commercial Arbitration" An arbitration is "commercial
SECTION 1. Title. - This act shall be known as the if it covers matter arising from all relationships of a
"Alternative Dispute Resolution Act of 2004." commercial nature, whether contractual or not;

SEC. 2. Declaration of Policy. - it is hereby declared the (h) "Confidential information" means any information,
policy of the State to relative to the subject of mediation or arbitration, expressly
intended by the source not to be disclosed, or obtained
a. actively promote party autonomy in the resolution under circumstances that would create a reasonable
of disputes or the freedom of the party to make their own expectation on behalf of the source that the information
arrangements to resolve their disputes. Towards this end, shall not be disclosed. It shall include (1) communication,
the State shall encourage and actively promote the use of oral or written, made in a dispute resolution proceedings,
Alternative Dispute Resolution (ADR) as an important including any memoranda, notes or work product of the
neutral party or non-party participant, as defined in this
b. means to achieve speedy and impartial justice and Act; (2) an oral or written statement made or which occurs
declog court dockets. As such, during mediation or for purposes of considering,
conducting, participating, initiating, continuing of
c. the State shall provide means for the use of ADR as reconvening mediation or retaining a mediator; and (3)
an efficient tool and an alternative procedure for the pleadings, motions manifestations, witness statements,
resolution of appropriate cases. reports filed or submitted in an arbitration or for expert
evaluation;
d. Likewise, the State shall enlist active private sector
participation in the settlement of disputes through ADR. (i) "Convention Award" means a foreign arbitral award made
in a Convention State;
This Act shall be without prejudice to the adoption by the
Supreme Court of any ADR system, such as mediation, (j) "Convention State" means a State that is a member of the
conciliation, arbitration, or any combination thereof as a New York Convention;
means of achieving speedy and efficient means of
resolving cases pending before all courts in the (k) "Court" as referred to in Article 6 of the Model Law shall
Philippines which shall be governed by such rules as the mean a Regional Trial Court;
Supreme Court may approve from time to time.
(l) "Court-Annexed Mediation" means any mediation
SEC. 3. Definition of Terms. - For purposes of this Act, the process conducted under the auspices of the court, after
term: such court has acquired jurisdiction of the dispute;

(a) "Alternative Dispute Resolution System" means any (m) "Court-Referred Mediation" means mediation ordered
process or procedure used to resolve a dispute or by a court to be conducted in accordance with the
controversy, other than by adjudication of a presiding Agreement of the Parties when as action is prematurely
judge of a court or an officer of a government agency, as commenced in violation of such agreement;
defined in this Act, in which a neutral third party
participates to assist in the resolution of issues, which (n) "Early Neutral Evaluation" means an ADR process
includes arbitration, mediation, conciliation, early wherein parties and their lawyers are brought together
neutral evaluation, mini-trial, or any combination early in a pre-trial phase to present summaries of their
thereof; cases and receive a nonbinding assessment by an
experienced, neutral person, with expertise in the subject
(b) "ADR Provider" means institutions or persons accredited in the substance of the dispute;
as mediator, conciliator, arbitrator, neutral evaluator, or any
person exercising similar functions in any Alternative (o) "Government Agency" means any government entity,
Dispute Resolution system. This is without prejudice to the office or officer, other than a court, that is vested by law
rights of the parties to choose nonaccredited individuals to with quasi-judicial power to resolve or adjudicate dispute
act as mediator, conciliator, arbitrator, or neutral evaluator involving the government, its agencies and
of their dispute. instrumentalities, or private persons;

Whenever reffered to in this Act, the term "ADR (p) "International Party" shall mean an entity whose place of
practitioners" shall refer to individuals acting as mediator, business is outside the Philippines. It shall not include a
conciliator, arbitrator or neutral evaluator; domestic subsidiary of such international party or a
coventurer in a joint venture with a party which has its
(c) "Authenticate" means to sign, execute or adopt a symbol, place of business in the Philippines.
or encrypt a record in whole or in part, intended to identity
the authenticating party and to adopt, accept or establish The term foreigner arbitrator shall mean a person who is
the authenticity of a record or term; not a national of the Philippines.

(d) "Arbitration" means a voluntary dispute resolution (q) "Mediation" means a voluntary process in which a
process in which one or more arbitrators, appointed in mediator, selected by the disputing parties, facilitates
accordance with the agreement of the parties, or rules communication and negotiation, and assist the parties in
promulgated pursuant to this Act, resolve a dispute by reaching a voluntary agreement regarding a dispute.
rendering an award;
(r) "Mediator" means a person who conducts mediation;

1
 (e) the jurisdiction of courts;
(s) "Mediation Party" means a person who participates in a (f) future legitime;
mediation and whose consent is necessary to resolve the (g) criminal liability; and
dispute; (h) those which by law cannot be compromised.

(t) "Mediation-Arbitration" or Med-Arb is a step dispute

Nature of ADR
resolution process involving both mediation and
arbitration;
ADR proceedings- its nature is special proceedings meaning
(u) "Mini-Trial" means a structured dispute resolution the Rules of Court will not apply and there is a specific set of
method in which the merits of a case are argued before a rules for ADR.
panel comprising senior decision makers with or without
the presence of a neutral third person after which the ADR itself- it is consensual in nature between the agreement
parties seek a negotiated settlement; of the parties

(v) "Model Law" means the Model Law on International ➢ RCBC vs. Magwin Marketing Corporation, G.R. No.
Commercial Arbitration adopted by the United Nations 152878, 5 May 2003
Commission on International Trade Law on 21 June 1985;
• Nature of ADR Proceedings
(w) "New York Convention" means the United Nations
Convention on the Recognition and Enforcement of Foreign • Scope of The ADR Act
Arbitral Awards approved in 1958 and ratified by the
Philippine Senate under Senate Resolution No. 71;
➢ San Jose vs. NLRC, G.R. No. 121227, 17 August 1998

(x) "Non-Convention Award" means a foreign arbitral award

➢ San Miguel Corporation vs. NLRC, G.R. No. 108001,
made in a State which is not a Convention State;
15 March 1996

(y) "Non-Convention State" means a State that is not a

➢ Uy vs. Chua, G.R. 183965, September 18, 2009
member of the New York Convention.
• Applicability of E-Commerce Act - The ADR Act, Section 4
(z) "Non-Party Participant" means a person, other than a
party or mediator, who participates in a mediation
SEC. 4. Electronic Signatures in Global and
proceeding as a witness, resource person or expert;
E-Commerce Act. - The provisions of the Electronic
Signatures in Global and E-Commerce Act, and its
(aa) "Proceeding" means a judicial, administrative, or other
implementing Rules and Regulations shall apply to
adjudicative process, including related pre-hearing
proceedings contemplated in this Act.
motions, conferences and discovery;
• Liability of ADR Provider and Practitioner – The ADR Act,
(bb) "Record" means an information written on a tangible
Section 5
medium or stored in an electronic or other similar
medium, retrievable form; and
SEC. 5. Liability of ADR Provider and Practitioner. -
The ADR providers and practitioners shall have the
(cc) "Roster" means a list of persons qualified to provide
same civil liability for the Acts done in the
ADR services as neutrals or to serve as arbitrators.
performance of then duties as that of public officers
as provided in Section 38 (1), Chapter 9, Book of the
SEC. 4. Electronic Signatures in Global and Administrative Code of 1987.
E-Commerce Act. - The provisions of the Electronic
Signatures in Global and E-Commerce Act, and its
SECTION 38. Liability of Superior
implementing Rules and Regulations shall apply to
Officers.—(1) A public officer shall not be
proceedings contemplated in this Act.
civilly liable for acts done in the performance
of his official duties, unless there is a clear
SEC. 5. Liability of ADR Provider and Practitioner. - The showing of bad faith, malice or gross
ADR providers and practitioners shall have the same civil negligence.
liability for the Acts done in the performance of then duties
as that of public officers as provided in Section 38 (1),
b. Applicable laws which govern ADR in the Philippines
Chapter 9, Book of the Administrative Code of 1987.
• Republic Act 9285 “The Alternative Dispute
Resolution Act”
SECTION 38. Liability of Superior Officers.—(1) A
public officer shall not be civilly liable for acts done
• Republic Act 876 “The Arbitration Law”
in the performance of his official duties, unless
there is a clear showing of bad faith, malice or gross
negligence. • AM No. 07-11-08-SC “Special Rules of Court on
Alternative Dispute Resolution”
SEC. 6. Exception to the Application of this Act. - The
provisions of this Act shall not apply to resolution or • The New York Convention (United Nations
settlement of the following: Convention on the Recognition and Enforcement of
Foreign Arbitral Awards approved in 1958 and
(a) labor disputes covered by Presidential Decree No. 442, ratified by the Philippine Senate under Senate
otherwise known as the Labor Code of the Philippines, as Resolution No.71)
amended and its Implementing Rules and Regulations;
(b) the civil status of persons; c. Constitutional and statutory bases of ADR
(c) the validity of a marriage;
(d) any ground for legal separation; • 1987 Constitution, Article 13, Section 3

2
 LABOR

Section 3. The State shall afford full protection to

labor, local and overseas, organized and unorganized,
and promote full employment and equality of
employment opportunities for all.

It shall guarantee the rights of all workers to

self-organization, collective bargaining and
negotiations, and peaceful concerted activities,
including the right to strike in accordance with law.
They shall be entitled to security of tenure, humane
conditions of work, and a living wage. They shall also
participate in policy and decision-making processes
affecting their rights and benefits as may be provided
by law.

The State shall promote the principle of shared

responsibility between workers and employers and
the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce
their mutual compliance therewith to foster
industrial peace.

The State shall regulate the relations between

workers and employers, recognizing the right of labor
to its just share in the fruits of production and the
right of enterprises to reasonable returns to
investments, and to expansion and growth.

• Civil Code, Article 1306

ART. 1306. The contracting parties may establish such

stipulations, clauses, terms and conditions as they
may deem convenient provided they are not contrary
to law, morals, good customs, public order, or public
policy.

d. ADR vs. Litigation

Dispute resolution in the Philippines is primarily carried out

through court litigation, which is adversarial in character. For
commercial disputes, there are two dispute resolution
methods available to parties (section 3, Republic Act 9285):
● Court litigation.
● Alternative dispute resolution, which involves
arbitration, court-annexed/referred mediation, early
neutral evaluation, mediation-arbitration and
mini-trial.

3
 JANUARY 16, 2023

MODES OF ADR: 2 KINDS OF MEDIATION

A. MEDIATION OR CONCILIATION (SECTION 3) ❖ COURT-ANNEXED MEDIATION– ADR ACT,

SECTION 3(L)

(q) "Mediation" means a voluntary process in which a (l) "Court-Annexed Mediation" means any
mediator, selected by the disputing parties, facilitates mediation process conducted under the
communication and negotiation, and assists the parties auspices of the court, after such court has
in reaching a voluntary agreement regarding a dispute. acquired jurisdiction of the dispute;

(r) "Mediator" means a person who conducts

mediation; ❖ COURT-REFERRED MEDIATION - – ADR
ACT, SECTION 3(M)
(s) "Mediation Party" means a person who participates
in a mediation and whose consent is necessary to (m) "Court-Referred Mediation" means
resolve the dispute; mediation ordered by a court to be
conducted in accordance with the
(t) "Mediation-Arbitration" or Med-Arb is a step Agreement of the Parties when as action is
dispute resolution process involving both mediation prematurely commenced in violation of
and arbitration; such agreement;

What is mediation? B. ARBITRATION

Mediation is an alternative mode to litigation. A
process where a neutral third party (the Mediator) (d) "Arbitration" means a voluntary dispute resolution
facilitates the negotiation between parties (the process in which one or more arbitrators, appointed in
Disputants). Through the use of specialized accordance with the agreement of the parties, or rules
techniques, the mediator helps parties reach a promulgated pursuant to this Act, resolve a dispute by
voluntary, mutually satisfying agreement. rendering an award;

(e) "Arbitrator" means the person appointed to render an

➢ INSTITUTIONAL VS. AD HOC award, alone or with others, in a dispute that is the subject
of an arbitration agreement;
IRR OF THE ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004.
❖ DOMESTIC VS. INTERNATIONAL
Rule 2

Institutional Mediation means any mediation DOMESTIC ARBITRATION

process conducted under the rules of a mediation
institution An arbitration that is not international where the
proceedings are held in and where the award is
rendered or the seat of arbitration is in the
❖ INSTITUTIONAL MEDIATION Philippines and does not have any of the
characteristics which makes it international.
is one where the parties refer their dispute to an
institution of mediators and agree to be bound by
the rules of such institution. SEC. 32. Law Governing Domestic Arbitration. –
Domestic arbitration shall continue to be governed
Example: The Office for Alternative Dispute by Republic Act No. 876, otherwise known as “The
Resolution (OADR) is an attached agency of the Arbitration Law” as amended by this Chapter.
Department of Justice created pursuant to Republic
Act (R.A.) No. 9285 or the Alternative Dispute The term “domestic arbitration” as used herein
Resolution (ADR) Act of 2004 (not sure) shall mean an arbitration that is not
international as defined in Article 1 (3) of the
Model Law.

❖ AD-HOC MEDIATION Article 1 (3) of the Model Law:

(3) An arbitration is international if:

IRR OF THE ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004. (a) the parties to an arbitration agreement
have, at the time of the conclusion of that
Rule 2 agreement, their places of business in
different States; or
Ad hoc Mediation means any mediation other
than institutional or court-annexed. b) one of the following places is situated
outside the State in which the parties have
“Ad-hoc” - “for this purpose only their places of business:
- is one where the parameters of the mediation
set by the parties are only for the particular (i) the place of arbitration if
dispute; determined in, or pursuant to, the

4
 ❖ INSTITUTIONAL VS. AD HOC
arbitration agreement;

(ii) any place where a substantial AD HOC ARBITRATION

part of the obligations of the
commercial relationship is to be
performed or the place with which
IRR OF ADR ACT 2004
the subject-matter of the dispute is
RULE 2
most closely connected; or
Ad hoc Arbitration means arbitration
(c) the parties have expressly agreed that
administered by an arbitrator and/or the parties
the subject matter of the arbitration
themselves. An arbitration administered by an
agreement relates to more than one
institution shall be regarded as ad hoc arbitration if
country
such institution is not a permanent or regular
arbitration institution in the Philippines.
SEC. 33. Applicability to Domestic Arbitration. –
Articles 8, 10, 11, 12, 13, 14, 18 and 19 and 29 to 32 of
the Model Law and Sections 22 to 31 of the
preceding Chapter 4 shall apply to domestic INSTITUTIONAL ARBITRATION
arbitration.

IRR OF ADR ACT 2004

(v) "Model Law" means the Model Law on
RULE 2
International Commercial Arbitration adopted by
the United Nations Commission on International
Institutional Arbitration means arbitration
Trade Law on 21 June 1985;
administered by an entity, which is registered as a
domestic corporation with the Securities and
❖ INTERNATIONAL ARBITRATION (BQ) Exchange Commission (SEC) and engaged in
among others, arbitration of disputes in the
When is an arbitration considered international? Philippines on a regular and permanent basis.

Article 1 (3) of the Model Law, also IRR for ADR

❖ CONCEPT OF PARTY AUTONOMY
Act
Under the ADR Act, Congress declared the State
(3) An arbitration is international if: policy to promote party autonomy in the resolution
of disputes or the freedom of the party to make their
(a) the parties to an arbitration agreement have, at own arrangements to resolve their disputes. The
the time of the conclusion of that agreement, their State thus promotes and encourages the use of ADR as
places of business in different States; or a means to achieve speedy and impartial justice and
de-clog court dockets.
b) one of the following places is situated outside the
State in which the parties have their places of Commencing an arbitration proceeding
business:
The principle of party autonomy empowers the
(i) the place of arbitration if determined in, parties to agree on the rules governing the arbitral
or pursuant to, the proceedings.
arbitration agreement;

(ii) any place where a substantial part of EXCEPTION:

the obligations of the commercial
relationship is to be performed or the place SEC. 6. Exception to the Application of this
with which the subject-matter of the Act. - The provisions of this Act shall not apply to
dispute is most closely connected; or resolution or settlement of the following:

(c) the parties have expressly agreed that the (a) labor disputes covered by Presidential
subject matter of the arbitration agreement relates Decree No. 442, otherwise known as the Labor
to more than one country Code of the Philippines, as amended and its
Implementing Rules and Regulations;
International Commercial Arbitration - The
(b) the civil status of persons;
arbitration proceeding is held in the Philippines but it
involves a dispute arising from a commercial
(c) the validity of a marriage;
relationship that possesses any of the characteristics
which makes it international.
(d) any ground for legal separation;

(e) the jurisdiction of courts;

Who is an international party?
(f) future legitime;

p) "International Party" shall mean an entity (g) criminal liability; and

whose place of business is outside the Philippines.
It shall not include a domestic subsidiary of such (h) those which by law cannot be
international party or a coventurer in a joint compromised (Article 2035 of NCC).
venture with a party which has its place of business
in the Philippines.

5
Art. 2035. No compromise upon the following questions What are the different types of arbitration depending on
shall be valid: the subject matter or the institution? How do you
differentiate domestic and international arbitration?
(1) The civil status of persons;
Domestic Arbitration International Arbitration
(2) The validity of a marriage or a legal
separation; Anything that is not Memorize the def of int’l
international
(3) Any ground for legal separation;

(4) Future support; Take note that Domestic Arbitration is never about the seat
of arbitration even if an arbitration is held in the Philippines
(5) The jurisdiction of courts; for instance the parties agree they will conduct their
arbitration in Manila Hotel that does not make the
(6) Future legitime. arbitration automatically domestic.

You cannot describe by seat because even international

C. MINI-TRIAL – ADR ACT, SECTION 3(U) parties can agree to have their arbitration in the
Philippines. It’s not about the venue or what law should be
(u) "Mini-Trial" means a structured dispute resolution applicable.
method in which the merits of a case are argued before a
panel comprising senior decision makers with or without What is the definition of Domestic Arbitration?
the presence of a neutral third person after which the An arbitration that is not international where the
parties seek a negotiated settlement; proceedings are held in and where the award is rendered or
the seat of arbitration is in the Philippines and does not have
any of the characteristics which makes it international.
D. EARLY NEUTRAL EVALUATION - ADR ACT, SECTION 3(N)
What is International Arbitration? MEMORIZE THIS
Article 1 (3) of the Model Law, also IRR for ADR Act
An arbitration is international if:
(n) "Early Neutral Evaluation" means an ADR process
wherein parties and their lawyers are brought together
(a) the parties to an arbitration agreement have, at the time
early in a pre-trial phase to present summaries of their
of the conclusion of that agreement, their places of business
cases and receive a nonbinding assessment by an
in different States; or
experienced, neutral person, with expertise in the subject
in the substance of the dispute;
b) one of the following places is situated outside the State in
which the parties have their places of business:

(i) the place of arbitration if determined in, or

pursuant to, the arbitration agreement;
SUMMARY OF THE JANUARY 16 DISCUSSION
(ii) any place where a substantial part of the
Who will decide how many arbitrators they will get? obligations of the commercial relationship is to be
The parties will decide if they will hire only one performed or the place with which the
arbitrator or panel of arbitrators because it is always the subject-matter of the dispute is most closely
costs that will matter in engaging an arbitrator. connected; or

(c) the parties have expressly agreed that the subject matter
What are the common types of the Alternative Dispute of the arbitration agreement relates to more than one
Resolution? country.
1. Mediation
2. Arbitration What should apply in this particular case, Domestic or
3. Mini-trial International Arbitration?
4. Early Neutral Evaluation There are two companies who are both doing business
in the Philippines and they signed a contract with an
arbitration clause that they would settle the dispute arising
What is Arbitration? from that contract thru arbitration. Later on, Company B
means a voluntary dispute resolution process in relocated its business to Singapore and there is an arbitral
which one or more arbitrators, appointed in accordance issue arising from the contract they signed while they are still
with the agreement of the parties, or rules promulgated doing business in the Philippines.
pursuant to this Act (RA 9285), resolve a dispute by
rendering an award. Answer: Domestic Arbitration, because at that time the
Company B relocated in Singapore there was already a
Can you be compelled to arbitrate? contract signed by them with an arbitration clause. This
Yes, you can be compelled to arbitrate especially if case does not fall under Article 1 (3a) of the model law which
you already have an arbitration agreement. However, you states “the parties to an arbitration agreement have, at the
cannot be compelled to enter into an arbitration agreement time of the conclusion of that agreement, their places of
if you don't want to settle your dispute via arbitration. business in different States”.
But, if you already agree to arbitrate you can already be
arbitrated for instance you sign a contract with an In this case, at the time of the conclusion of the agreement
arbitration clause then, later on you cannot just reject the the companies were still doing business in the Philippines.
formal demand to arbitrate you can be compelled already They only had different places of business in different States
because you have agreed beforehand that issues arising on after the execution of the arbitration agreement.
that contract will be settled thru arbitration.
Take note if these are only the facts presented applying the
1st item where the crucial point is at the time of the
6
conclusion of agreement. It would be international if at the where all you have to do is to go to PDRCI and choose only
time of the conclusion of the agreement the parties on the accredited arbitrators among them.
agreement are one is doing business in the Philippines and
the other is in Singapore, 1 in Hong Kong, and 1 in Australia. What are the advantages of having institutional
arbitration?
There is already predictability and certainty. You
How do you apply the 2nd item of Article 1 (3) of the Model can already study the rules in advance and know
Law, also IRR for ADR Act? what will be the next step.
In this part you will compare already the places of
business of the parties, place of arbitration, substantial part What is the concept of party autonomy in arbitration?
of the obligation or commercial relationship will be Under the ADR Act, Congress declared the State
performed in the subject matter of the dispute. Those three policy to promote party autonomy in the resolution of
items you will compare it to the place of business of the disputes or the freedom of the party to make their own
parties. If it is catered into different jurisdictions then it arrangements to resolve their disputes. The State thus
could be international. promotes and encourages the use of ADR as a means to
achieve speedy and impartial justice and de-clog court
Last one, if they expressly agreed that the subject matter dockets.
will be arbitrated internationally then it is international
arbitration. What is the subject matter of their discretion in
arbitration?
It is not based on the seat of arbitration; the venue can be Party autonomy pertains to the power of the parties
anywhere else. Anything that is not international is to enter into stipulations stating convenience.
domestic.
What is the crucial part there that they have to agree
about?
They have to agree about the procedural rules. The
Differentiate Institutional arbitration and Ad hoc parties are always free to agree on the venue, days of
arbitration. What differentiates them? submission of the parties, language they want to conduct
The differentiation is about who conducts, provides, arbitration, sequence of presenting. Because in litigation as
or facilitates the arbitration. In short, it is the ADR provider a general state your claims and then defense of the
that differentiates them. respondent.

In arbitration you can even agree on a reversed trial (it is

not prohibited defense first then claims).
Institutional arbitration Ad hoc arbitration

The one who administers in If the party themselves form

What is the output in arbitration?
this arbitration are their own arbitral panel or a
To render an arbitral award.
institutions engaged in, sole arbitrator.
among others, arbitration of
Who renders the award?
disputes in the Philippines
The arbitrator/s which is the counterpart of a judge
on a regular and permanent
in litigation.
basis.
What are the classifications of arbitration?
Note: 1. Domestic arbitration
It is not about appointing an institution for eg. the parties 2. International arbitration
appoint an organization like a private corporation that 3. Institutional arbitration
would not automatically be an institutional arbitration 4. Ad hoc arbitration
already because the ADR provider must be engaged on a
regular and permanent basis.
What is mediation?
Who administers institutional arbitration? Mediation is an alternative mode to litigation. A
Permanent Arbitrators. process where a neutral third party (the Mediator)
facilitates the negotiation between parties (the Disputants).
Who are the permanent or institutional arbitrators? Through the use of specialized techniques, the mediator
Institutions registered in Security and Exchange helps parties reach a voluntary, mutually satisfying
Commission like: agreement.
1. PDRCI- Philippine Dispute Resolution Center, Inc.

2. PICCR- Philippine International Center for Conflict How do you differentiate mediation from arbitration?
Resolution. Mediation v. Arbitration

3. CIAC- Construction Industry Arbitration

Mediation Arbitration
Commission
MEANS OF ENDING A
4. SIAC- Singapore International Arbitration Centre
DISPUTE:
HongKong International Arbitration Centre
Settlement agreement or Arbitral award
What are the advantages of having ad hoc arbitration?
compromise agreement
● The parties will have more control
● All items are open to discussion
Who dictates the contents
of this compromise
In practice, ad hoc arbitration is more difficult to form
agreement? The parties.
because appointing an arbitrator only would take months to
years already compared with institutional arbitration
Does the mediator allow

7
 trying to put in between a settlement between the parties
input in that agreement?
instead of prolonging the case or undergoing the trial
Yes, allowed but it is the
proper.
still the parties that will
stipulate in the agreement.
In the pre-trial brief, you would state if you want to settle the
dispute. One required statement there if you’re willing to
It’s upon the parties how
enter into an amicable settlement and if the judge sees it you
they will settle the dispute.
would be referred to PMC (Philippine Mediation Center).So,
that is a court-annexed mediation.
Mediator/s Arbitrator/s (deciding body
or a panel of arbitrators)
It’s court-annexed mediation because it is still within the
● its role is to
auspices of the court (it’s within the judiciary system). Even
facilitates the ● its role is to render
if the ADR’s definition states that it is outside the auspices of
communication an arbitral award.
the court still, the process in mediation is usually conducted
and negotiation The parties will
by accredited mediators of PMC which are usually retired
and assist the present their
judges or experts. It’s a series of mediation in front of the
parties reaching testimonial and
PMC mediator and it does not end there because if it will
into an agreement documentary
result into failed mediation you will go back to the court
evidence before the
where the case is raffled and the judge will refer you to
● The mediator arbitrator and the
Judicial Dispute Resolution (JDR) and it is an extended
cannot decide, but latter will render
mediation which shall be facilitated by a judge.
only the parties can judgment (arbitral
decide for award).
It’s quite similar in court-annexed mediation, but the judge
themselves the
in the latter is more akin to an early neutral evaluation.
settlement
agreement
Thus, the court-annexed mediation and judicial dispute
resolution are alternative dispute resolution injected in the
judicial system in the entire litigation process.
What are the similarities of mediation and arbitration?
● It is a voluntary process or a mode of ADR which Why is there a need to refer a party to court-annexed
means that a party would agree as to whether or not mediation or judicial dispute resolution?
to go into mediation or arbitration. If the parties will -to unclog court dockets
not opt to have mediation then it will be ‘failed
mediation’. - There is an acceptance already that litigation
takes time , the process is long so the parties can
● The parties have the freedom to select an arbitrator agree to settle their dispute amicably.
or mediator.
What are cases that can be referred to court-annexed
● Both means of ending a dispute mediation?
A. All civil cases, except those which by law
may not be compromised (Article 2035,
What are the classifications of mediation? How can you New Civil Code);
differentiate them? (same with arbitration)
1. Ad hoc- the parties voluntarily and expressly agreed B. Special proceedings for the settlement of
to their dispute mediated by a mediator depending estates;
on the parties’ agreement.
C. The civil aspect of Quasi-Offenses under
2. Institutional - there is a recognized entity that will Title 14 of the Revised Penal Code;
work with the parties.
D. The civil aspect of criminal cases where
What are the two kinds of mediation? the imposable penalty does not exceed six
1. Court-annexed mediation years imprisonment and the offended party
2. Court-referred mediation is a private person; and

E. The civil aspect of theft (not qualified theft),

estafa (not syndicated or large scale
Court-annexed Court-referred estafa), and libel.

Entity or person Philippine A. Article 2035 (New Civil Code)

who provide Mediation Center Civil cases which by law cannot be compromised, as
mediation follows:

● The civil status of persons;

Court Within the Outside the court
jurisdiction auspices of the jurisdiction ● The validity of a marriage or a legal
court or within separation;
the judiciary
system ● Any ground for legal separation;

Before pre-trial proper, you will be referred to mediation in ● Future support;

PMC and it will be confusing because as mentioned ADR is a
way of settling disputes as an alternative of litigation. But, ● The jurisdiction of courts; and
remember the thrust of the entire judiciary it is the declared
state policy to encourage alternative dispute resolution as a ● Future legitime.
mode of settling disputes therefore, in most government
offices or quasi-judicial bodies and even the court they are
8
If you file a case of declaration of nullity of marriage would it
rules promulgated pursuant to this Act
be referred to court-annexed mediation?
(RA 9285), resolve a dispute by
No, because the subject matter is not something you
rendering an award.
can compromise about.
Mini-trial means a structured dispute resolution
If you file an adoption would it be referred to mediation?
method in which the merits of a case
No, because it is not mediatable.
are argued before a panel comprising
senior decision makers with or
B. Settlement of Estates
without the presence of a neutral third
person after which the parties seek a
C. Civil aspect of Quasi-Offenses
negotiated settlement.
reckless imprudence or gross negligence (the idea
is there is no criminal intent and the civil aspect can
means an ADR process wherein
be settled through mediation thus, the civil aspect
Early Neutral parties and their lawyers are brought
can be referred to court-annexed mediation).
Evaluation together early in a pre-trial phase to
present summaries of their cases and
Ex. Reckless imprudence resulting to damage of
receive a nonbinding assessment by
property (it’s a crime but the civil aspect can be
an experienced, neutral person, with
settled with mediation)
expertise in the subject in the
substance of the dispute;
D. Civil aspect of criminal cases where the imposable
penalty does not exceed six years imprisonment
Penalty is crucial to determine whether it should be
referred to court-annexed mediation and its crucial What is the result of the Mini-trial?
to know whether the accused can be qualified under Negotiated or mediated settlement.
the probation law. The idea of this is the same as mediation, but instead the
parties discussing the one who discusses in mini-trial is a
E. Civil aspect of theft (not qualified theft), estafa (not panel of senior decision makers.
syndicated or large scale estafa), and libel.
What’s the implication why there is a need to state If parties to the contract are both corporations and there is
the “civil aspect” of these crimes? a stipulated arbitration clause and the initial requirement is
Because the criminal aspect cannot be they must stipulate like for ex. It must be manager or CEO
subject to mediation because the victims are only level. The idea is for decision makers so that they can
witnesses of the crimes since the State is the represent the company and it is not just anyone else. (They
offended party. (People v. __) wanted the discussion to be discussed by the senior decision
makers in the company.)
What is a court-referred mediation?
means mediation ordered by a court to be Is neutral third-party required in a Mini-trial?
conducted in accordance with the Agreement of the No, it is not required as expressly stated in the
Parties when an action is prematurely commenced provision “with or without the presence of a neutral third
in violation of such agreement. person”. But, they can have one if they opt to.

For instance, there is a dispute between parties and What will happen is that both parties will have their senior
they have an agreement and when an issue arises decision makers and then they will hear each other's side.
they file a case before the court e.g a collection case The idea is like mediation also because they are deciding a
for a sum of money. One of the parties may raise “it’s case involving them. (Senior decision makers in the
a premature filing before the court because in our company differentiate mini-trial and mediation).
loan agreement it was stated that we should settle
our dispute.We should have undergone mediation What is the difference between Mini-trial and
and not before the court. Early-neutral evaluation?
Mini-trial v. Early Neutral Evaluation
What is Alternative Dispute Resolution?
Alternative Dispute Resolution System"
means any process or procedure used to resolve a Mini-trial Early Neutral Evaluation
dispute or controversy, other than by adjudication of
a presiding judge of a court or an officer of a
government agency, as defined in this Act, in which Negotiated settlement Non-binding assessment
a neutral third party participates to assist in the
resolution of issues, which includes arbitration, Arbitration Mediation
mediation, conciliation, early neutral evaluation,
mini-trial, or any combination thereof. Arbitral award Compromise or settle
agreement

Mediation an alternative mode to litigation. A

process where a neutral third party Judicial Dispute Resolution is a form of an early neutral
(the Mediator) facilitates the evaluation because the judge gives his honest or unbiased
negotiation between parties (the opinion of the case. Early neutral evaluation while it is not a
Disputants). Through the use of form of ADR because the idea of ADR is to settle disputes the
specialized techniques, the mediator other three modes will end the dispute, but here non-binding
helps parties reach a voluntary, assessment only the parties may take it or not.
mutually satisfying agreement.
If the parties for instance will agree on the non-binding
Arbitration means a voluntary dispute resolution assessment then the parties can enter and sign a
process in which one or more compromise agreement. Thus, early neutral evaluation is
arbitrators, appointed in accordance only a phase and would help litigation but it will not put an
with the agreement of the parties, or end to a dispute because the product is a non-binding

9
assessment unless the parties themselves adapt the
voluntary mediation, whether ad hoc or institutional, other
non-binding assessment.
than court-annexed. The term "mediation' shall include
conciliation.
If they take it, the non-binding assessment will be a
mediated settlement.If not, they can choose other mode of
ADR such as arbitration, mediation, mini-trial or undergo These Rules shall also apply to all cases pending before an
litigation. administrative or quasi-judicial agency that are subsequently
agreed upon by the parties to be referred to mediation. Article
3.1. Scope of Application, Chapter 3, IRR
JANUARY 23, 2022
Ad hoc- the parties voluntarily and expressly agreed to their
dispute mediated by a mediator depending on the parties’
MEDIATION
agreement.
❖ The ADR Act, Chapter 2
Institutional - there is a recognized entity that will work
❖ Special Rules of Court on ADR, Rules 14 and 15
with the parties.

What is Mediation? Excluded from coverage is the court annexed mediation.

"Mediation" means a voluntary process in which a mediator, Why? As defined, it is a mediation process conducted under
selected by the disputing parties, facilitates communication the auspices of the court. Not voluntary agreements. It is
and negotiation, and assists the parties in reaching a conducted prior to the pre-trial where the judge refers the
voluntary agreement regarding a dispute. parties to the Philippine Mediation Center for the mediation
of their dispute by trained and accredited mediators. (Still
How do you differentiate mediation from arbitration? within the judicial system). It will be governed by the PMC.
Mediation v. Arbitration
Applicable to court-referred mediation? YES
Mediation Arbitration
Why? court-referred mediation means mediation ordered by
MEANS OF ENDING A a court to be conducted in accordance with the Agreement
DISPUTE: of the Parties when as action is prematurely commenced in
violation of such agreement;
Settlement agreement or Arbitral award
compromise agreement
b. CASES WHICH CANNOT BE SUBJECT OF
Who dictates the contents MEDIATION
of this compromise
agreement? The parties.
SEC. 6. Exception to the Application of this Act. -
Does the mediator allow The provisions of this Act shall not apply to resolution or
input in that agreement? settlement of the following:
Yes, allowed but it is the
still the parties that will (a) labor disputes covered by Presidential Decree
stipulate in the agreement. No. 442, otherwise known as the Labor Code of the
Philippines, as amended and its Implementing
It’s upon the parties how Rules and Regulations;
they will settle the dispute.
(b) the civil status of persons;
Mediator/s Arbitrator/s (deciding body
or a panel of arbitrators) (c) the validity of a marriage;
● its role is to
facilitates the ● its role is to render (d) any ground for legal separation;
communication an arbitral award.
and negotiation The parties will (e) the jurisdiction of courts;
and assist the present their
parties reaching testimonial and (f) future legitime;
into an agreement documentary
evidence before the (g) criminal liability; and
● The mediator arbitrator and the
cannot decide, but latter will render (h) those which by law cannot be compromised
only the parties can judgment (arbitral (Article 2035 of NCC).
decide for award).
themselves the
settlement Article 2035 (New Civil Code)
agreement Civil cases which by law cannot be compromised, as
follows:

● The civil status of persons;

a. SCOPE
What is the scope of Mediation? ● The validity of a marriage or a legal
separation;

SEC. 7. Scope. - The provisions of this Chapter shall cover ● Any ground for legal separation;

10
 ● Future support;
(2) the mediator or mediators;
● The jurisdiction of courts; and
(3) the counsel for the parties;
● Future legitime.
(4) the nonparty participants;

(5) any persons hired or engaged in connection

c. APPLICATION AND INTERPRETATION with the mediation as secretary, stenographer,
clerk or assistant; and

SEC. 8. Application and Interpretation. - In applying (6) any other person who obtains or possesses
construing the provisions of this Chapter, consideration confidential information by reason of his/her
must be given to the need to promote candor or parties profession.
and mediators through
● confidentiality of the mediation process, (e) The protections of this Act shall continue to apply even if
● the policy of fostering prompt, economical, and a mediator is found to have failed to act impartially.
amicable resolution of disputes
● in accordance with the principles of integrity of (f) a mediator may not be called to testify to provide
determination by the parties, information gathered in mediation. A mediator who is
● and the policy that the decision-making authority wrongfully subpoenaed shall be reimbursed the full cost of
in the mediation process rests with the parties. his attorney's fees and related expenses.

d. CONFIDENTIALITY OF INFORMATION
ADR act of 2004 maintains the confidentiality of the mediation
process by declaring that all information obtained through
(h) "Confidential information" means any information,
mediation proceedings are privileged and confidential in
relative to the subject of mediation or arbitration, expressly
nature.
intended by the source not to be disclosed, or obtained
under circumstances that would create a reasonable
Confidential information includes:
expectation on behalf of the source that the information
● Communication, oral or written, made in a dispute
shall not be disclosed. It shall include;
resolution proceeding
● An oral or written statement made or which occurs
(1) communication, oral or written, made in a dispute during the mediation
resolution proceedings, including any memoranda, ● Pleadings, motions, manifestation, written
notes or work product of the neutral party or statements, reports filed or submitted in arbitration
non-party participant, as defined in this Act; or for expert evaluation.

(2) an oral or written statement made or which occurs What are the different modes of discovery under the Rules
during mediation or for purposes of considering, of Court?
conducting, participating, initiating, continuing of
reconvening mediation or retaining a mediator; and [1] Depositions pending action (Rule 23)
[2] Depositions before action or pending appeal (Rule 24)
(3) pleadings, motions manifestations, witness [3] Interrogatories to parties (Rule 25)
statements, reports filed or submitted in an [4] Admission by adverse party (Rule 26)
arbitration or for expert evaluation; [5] Production or inspection of documents, or things (Rule 27)
[6] Physical and mental examination of persons (Rule 28)

SEC. 9. Confidentiality of Information. - Information Effect of confidential nature:

obtained through mediation proceedings shall be subject to
the following principles and guidelines: a. A party, a mediator, or a non party participant may
refuse to disclose and may prevent any other person
(a) Information obtained through mediation shall be from disclosing a mediation communication.
privileged and confidential. b. Confidential Information shall not be subject to
discovery and shall be inadmissible if any adversarial
(b) A party, a mediator, or a non party participant may proceeding, whether judicial or quasi-judicial
refuse to disclose and may prevent any other person c. a mediator may not be called to testify to provide
from disclosing a mediation communication. information gathered in mediation. HERE DAIII

(c) Confidential Information shall not be subject to Who are non-party participants?
discovery and shall be inadmissible if any adversarial
proceeding, whether judicial or quasi-judicial, However, (z) "Non-Party Participant" means a person, other than a
evidence or information that is otherwise admissible or party or mediator, who participates in a mediation proceeding
subject to discovery does not become inadmissible or as a witness, resource person or expert;
protected from discovery solely by reason of its use in a
mediation. ➢ Waiver of Confidentiality

(d) In such an adversarial proceeding, the following

persons involved or previously involved in a mediation SEC. 10. Waiver of Confidentiality. - A privilege arising
may not be compelled to disclose confidential from the confidentiality of information may be waived in a
information obtained during mediation: record, or orally during a proceeding by the mediator
and the mediation parties. I hadlok kaayosiya NAIRITA
(1) the parties to the dispute; NA KANA NA DAI SA PDF NAAY EXPLANATION HUHU

A privilege arising from the confidentiality of information

11
 may likewise be waived by a nonparty participant if the evidence has shown that the evidence is not otherwise
information is provided by such non party participant. available, that there is a need for the evidence that
substantially outweighs the interest in protecting
A person who discloses confidential information shall be confidentiality, and the mediation communication is
precluded from asserting the privilege under Section 9 of sought or offered in:
this Chapter to bar disclosure of the rest of the
information necessary to a complete understanding of (1) a court proceeding involving a crime or felony;
the previously disclosed information. If a person suffers or
loss or damages in a judicial proceeding against the
person who made the disclosure. (2) a proceeding to prove a claim or defense that
under the law is sufficient to reform or avoid a
A person who discloses or makes a representation about a liability on a contract arising out of the mediation.
mediation is precluded from asserting the privilege under
Section 9, to the extent that the communication prejudices (c) A mediator may not be compelled to provide evidence of
another person in the proceeding and it is necessary for a mediation communication or testify in such proceedings.
the person prejudiced to respond to the representation of
disclosure. (d) If a mediation communication is not privileged under an
exception in subsection (a) or (b), only the portion of the
communication necessary for the application of the
The protection of confidentiality is susceptible to waiver.
exception for nondisclosure may be admitted. The
NOT ABSOLUTE.
admission of particular evidence for the limited purpose of
an exception does not render that evidence, or any other
Waiver can either be expressed such as when it is contained
mediation communication, admissible for any other
in record or implied by failing to timely object to objectionable
purpose.
questions or by testifying or presenting a witness to testify on
confidential and privileged information.
➢ LIMITED USE OF EXEMPTED EVIDENCE
Waiver can also come by way of estoppel.

➢ Exceptions to Privilege

➢ Prohibited Mediator Reports

SEC. 11. Exceptions to Privilege. -

(a) There is no privilege against disclosure under Section SEC. 12. Prohibited Mediator Reports. - A mediator may
9 if mediation communication is: not make a report, assessment, evaluation,
recommendation, finding, or other communication
(1) in an agreement evidenced by a record regarding a mediation to a court or agency or other
authenticated by all parties to the agreement; authority that make a ruling on a dispute that is the subject
of a mediation,
(2) available to the public or that is made during a
session of a mediation which is open, or is required except:
by law to be open, to the public;
(a) Where the mediation occurred or has terminated, or
(3) a threat or statement of a plan to inflict bodily where a settlement was reached.
injury or commit a crime of violence;
(b) As permitted to be disclosed under Section 13 of this
(4) intentionally used to plan a crime, attempt to Chapter.
commit, or commit a crime, or conceal an ongoing
crime or criminal activity;

(5) sought or offered to prove or disprove abuse, e. PROCEDURE ON MEDIATION

neglect, abandonment, or exploitation in a
proceeding in which a public agency is protecting ➢ Appointment of mediator
the interest of an individual protected by law; but
this exception does not apply where a child
protection matter is referred to mediation by a IRR, RULE 2 - Selection of a Mediator
court or a public agency participates in the child
protection mediation; Article 3.3. Freedom to Select Mediator. The parties have
the freedom to select their mediator. The parties may
(6) sought or offered to prove or disprove a claim or request the OADR to provide them with a list or roster or the
complaint of professional misconduct or resumes of its certified mediators. The OADR may be
malpractice filed against mediator in a proceeding; requested to inform the mediator of his/her selection.
or
➢ Mediator’s Disclosure and Conflict of Interest
(7) sought or offered to prove or disprove a claim of
complaint of professional misconduct of
malpractice filed against a party, nonparty
participant, or representative of a party based on
SEC. 13. Mediator's Disclosure and Conflict of Interest. -
conduct occurring during a mediation.
The mediation shall be guided by the following operative
(b) There is no privilege under Section 9 if a court or
principles:
administrative agency, finds, after a hearing in camera,
that the party seeking discovery of the proponent of the
(a) Before accepting a mediation, an individual who is

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 ➢ Enforcement of Mediated Settlement Agreement
requested to serve as a mediator shall:

(1) make an inquiry that is reasonable under the

circumstances to determinate whether there are SEC. 17. Enforcement of Mediated Settlement
any known facts that a reasonable individual would Agreement. - The mediation shall be guided by the
consider likely to affect the impartiality of the following operative principles:
mediator, including a financial or personal interest
in the outcome of the mediation and any existing or (a) A settlement agreement following successful mediation
past relationship with a party or foreseeable shall be prepared by the parties with the assistance of
participant in the mediation; and their respective counsel, if any, and by the mediator.

(2) disclosure to the mediation parties any such The parties and their respective counsels shall endeavor to
fact known or learned as soon as is practical before make the terms and condition thereof complete and make
accepting a mediation. adequate provisions for the contingency of breach to avoid
conflicting interpretations of the agreement.
(b) If a mediation learns any fact described in paragraph
(a) (1) of this section after accepting a mediation, the (b) The parties and their respective counsels, if any, shall
mediator shall disclose it as soon as practicable. sign the settlement agreement. The mediator shall
certify that he/she explained the contents of the settlement
At the request of a mediation party, an individual who is agreement to the parties in a language known to them.
requested to serve as mediator shall disclose his/her
qualifications to mediate a dispute. (c) If the parties so desire, they may deposit such
settlement agreement with the appropriate Clerk of a
This Act does not require that a mediator shall have Regional Trial Court of the place where one of the parties
special qualifications by background or profession resides. Where there is a need to enforce the settlement
unless the special qualifications of a mediator are agreement, a petition may be filed by any of the parties with
required in the mediation agreement or by the mediation the same court, in which case, the court shall proceed
parties. summarily to hear the petition, in accordance with such
rules of procedure as may be promulgated by the Supreme
Court.
➢ Participation and representation in mediation
● The deposit of the settlement with RTC is not
SEC. 14. Participation in Mediation. - Except as otherwise indispensable for the validity thereof. The deposit
provided in this Act, a party may designate a lawyer or any is voluntary.
other person to provide assistance in the mediation. A
lawyer of this right shall be made in writing by the party (d) The parties may agree in the settlement agreement that
waiving it. A waiver of participation or legal representation the mediator shall become a sole arbitrator for the dispute
may be rescinded at any time. and shall treat the settlement agreement as an arbitral
award which shall be subject to enforcement under
Republic Act No. 876, otherwise known as the Arbitration
➢ Venue Law, notwithstanding the provisions of Executive Order No.
1008 for mediated dispute outside of the CIAC.
SEC. 15. Place of Mediation. - The parties are free to agree
on the place of mediation. Failing such agreement, the
Art. 2037, CC. A compromise has upon the parties the effect
place of mediation shall be any place convenient and
and authority of res judicata; but there shall be no execution
appropriate to all parties.
except in compliance with a judicial compromise. (1816)
In order to promote self-determination and party autonomy of
the mediation parties, they are given the freedom to agree on STAGES IN MEDIATION
the place of mediation. In general, the mediation process consist of the following
stages:
➢ Effect of Agreement to Submit Dispute to
Mediation Under Institutional Rules 1. Opening statement of the mediator;
2. Individual narration by the parties;
3. Exchange by the parties;
4. Summary of issues;
SEC. 16. Effect of Agreement to Submit Dispute to 5. Generalization and evaluation of options;
Mediation Under Institutional Rules. - An agreement to 6. Closure
submit a dispute to mediation by any institution shall
include an agreement to be bound by the internal The foregoing stages are not obligatory and the parties under
mediation and administrative policies of such institution. the principle of self determination and party autonomy may
choose the procedure that will govern their mediation.
Further, an agreement to submit a dispute to mediation
under international mediation rule shall be deemed to Mediation process shall be held in private unless the parties
include an agreement to have such rules govern the consent to the presence of persons other than themselves,
mediation of the dispute and for the mediator, the parties, their representatives and the mediator.
their respective counsel, and nonparty participants to abide
by such rules. Mediation shall be closed and concluded by:
a. Execution of settlement agreement by the parties; or
In case of conflict between the institutional mediation b. By the withdrawal of any party from mediation; or
rules and the provisions of this Act, the latter shall c. By the written declaration of the mediator that any further
prevail. effort at mediation would not be helpful.
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