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OVERVIEW
INTRODUCTION TO ADR
FORMS OF ADR
HISTORICAL NOTE
 Judicial and legislative trend on dispute resolution consistently lean towards
the utilization of alternative means and methods implemented outside the
court trial system
 The Civil code of the Philippines (RA No. 386) which took effect on
August 30, 1950, contains provisions on comprises and arbitration (chapter
1-2, Title XIV, Book IV authorize arbitration as a means of concluding
controversies.
 June 1953
The Philippines LEGISLATURE enacted R.A. No. 876 otherwise knows as the
“THE ARBITRATION Law” did not revoke and instead supplemented the provision
of the New Civil Code.
 May 10, 1965

Another milestone in Philippines alternative dispute resolution was achieved when
the Philippines Senate passed a Resolution No. 71 adhering to the United Nations
“Convention on the Resolution and Enforcement of Foreign Arbitral Awards” of
June 10, 1958.
This convention gave reciprocal recognition and allowed enforcement of
international arbitration agreements between the parties of different nationalities
within a contracting state. By such adherence, Philippine law has acknowledged
international arbitration as a system of settling dispute.
WHAT IS RA N0. 9285?
 April 2004- Alternative dispute Resolution
 September 2009- SC SPECIAL Rules of Court on Alternative Resolution
 December 2009- DOJ implementing rules and Regulations
 Does not repeal, amend or modify the jurisdiction of the KATARUNANG PAMBARANGAY
under Republic Act No. 7160
 The Philippine was a signatory to the United Nations Commission on
International Trade Law (UNCITRAL) New York Convention of June 21,
1985 the “Model Law on International Commercial Arbitration” By such
act, the Philippines committed to adhere the Model Law.
 Promotes the freedom of parties to make their own arrangements to resolve their dispute
 Encourage and actively promotes the use of ADR as an important means to achive speedy and
impartial justice and declog court dockets
 A means the use of ADR as an efficient tool and an alternative procedure for the resolution of
appropriate cases.
INTRODUCTION
WHAT IS ALTERNATIVE DISPUTE RESOLUTION?

BROAD DEFINITION
 “ A procedure for settling dispute without ligation”.
 “[A] means of settling disputes outside of the courtroom”
ALTERNATIVE DISPUTE
RESOLUTION
 DEFINITION UNDER RA 9285
 Any process or procedure

 Used to resolved dispute or controversy
 In which a neutral third party
 Participate to assist in the resolution of issues
 They are include but not limited to:
 Arbitration
 Mediation
 Early neutral evaluation
 Or any combination
EXCLUDES:
 Adjudication of presiding judge of a court (judicial) or an officer of a

government agency (quasi-judicial)
 Labor dispute under Local Code
 Court annexed mediation
 Settlement of (a) the civil status of persons; (b) the validity of a marriage; (c) a
ground of separration; (g) those which by law cannot be compromisedparation;
(d) the jurisdiction of courts; (e) future legitime; (f) criminal liabity
FEATURES:
 Consensual
 Flexible
 Privileged and Confidential
 Independence and Impartiality of neutrals
 Speed
 Cost-effective
 Participation of Lawyers is not mandatory
FORMS OF ADR
Usual Forms of ADR:
 Negotiation
 Mediation
 Neutral Evaluation
 Arbitration
MEDIATION UNDER ADR
 A voluntary process
 In which a mediator, selected by the disputing parties
 Facilitates communication and negotiation, and
 Assist the parties in reaching a voluntary agreement
 Regarding dispute
MEDIATION PROCESS UNDER
RA NO. 9285
1. Opening statement of the mediator:
2. Individual narration by the parties
3. Exchange by the parties
4. Summary of issues
5. Generation and evaluation of options; and
6. Generation and evaluation of options; and
7. Closure. (IRR)
ENFORCEMENT OF MEDIATED SETTLEMENT
AGREEMENTS
 Dispute resolution clause as stated in the settlement agreement
 The parties may agree in the settlement agreement that the mediator shall
become a sole arbitrator for the dispute 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 Law.” (IRR, Chap
3, Art 3.20)
 If the parties agree, the settlement agreement maybe jointly deposited by the parties
or deposited by one party with prior notice to the other party/ies with the Clerk of
Court of the Regional Trial Court:
a. Where the principal place of business in the Philippines of any of the parties is
located
b. If any of the parties is an individual, where any of those individual resides
c. In the National Capital Judicial Region. Where there is a need to enforce the
settlement agreement, a petition maybe filed by any of the parties with the same
court, in which case, the court shall proceed summarily to hear the petition, in
accordance with the Special ADR Rules. (IRR)
 Institutional Mediation under RA No. 9285
 Examples include the mediation rules of the Philippine Dispute Resolution

Center and other arbitral/mediation institution
 Allowed, but in case of conflict between the institutional mediation rules and
RA 9285, the later shall prevail
ARBITRATION UNDER RA 9285
 A voluntary dispute resolution
 In which one or more arbitrators
 Appointed in accordance with the agreement of the parties, or rules
promulgated pursuant to RA 9285
 Resolve dispute
 By rendering an award
 Construct arbitration- EO 100 (Construction Industry Arbitration Law)
 Commercial arbitration
a. DOMESTIC ARBITRATION – Ra 876, as amended by RA 9285

b. INTERNATIONAL ARBITRATION- UNICITRAL Model Law and RA 9285
 Institutional arbitration
o Conducted pursuant to institutional arbitration rules
 Ad hoc arbitration
o Conducted without being administered by an arbitral institution, relying oly on
arbitration legistaton
FEATURES OF ARBITRATION
 Specially constituted arbitral tribunal
 Neutrality
 Flexibility
 Confidential (unless parties otherwise)
 Final and binding decision
 Limited grounds to set aside/vacate award
 Decision according to law (generally)
PROCESS 3RD PARTY DECISION
NEGOTIATION NONE BOTH PARTIES
MEDIATION MEDIATOR BOTH PARTIES
ARBITRATION ARBITRATOR ARBITRATOR

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OVERVIEW

 May 10, 1965

WHAT IS ALTERNATIVE DISPUTE RESOLUTION?

 Any process or procedure

 Adjudication of presiding judge of a court (judicial) or an officer of a

 Dispute resolution clause as stated in the settlement agreement

 Examples include the mediation rules of the Philippine Dispute Resolution

a. DOMESTIC ARBITRATION – Ra 876, as amended by RA 9285

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