FOUNDATION UNIVERSITY

COLLEGE OF LAW AND JURISPRUDENCE

ALTERNATIVE DISPUTE RESOLUTION

November 4, 2017 l Saturday l 9:00 am to 1:00 nn

“WHERE THERE IS HUMAN ACTIVITY, THERE IS CONFLICT”

I. Purpose of Alternative Dispute Resolution (ADR)

A. De-clog the court dockets

B. Provide litigants with a speedier, inexpensive and less intrusive and private
forum to resolve issues NOT OTHERWISE prohibited by law to be compromised.

II. LEGAL BASIS

A. The Constitution: Section 16, Article III 1987 Philippine Constitution

B. Civil Code: Civil Code: ART 2042, ART 2043, ART 2044 in relation to ART
2038, ART 2039, Art. 2040

C. ADR Act of 2004 (R.A. No. 9285)

III. Nature of Alternative Dispute Resolution

A. Consensual

IV. BENEFITS

A. Mediation is an effective process for settling disputes.

B. Second, mediation is a faster mode of resolving disputes

C. Third, mediation is a cost-saving mechanism for the parties involved in a dispute.

D. Process addresses deep-rooted sources of misunderstanding

V. DISADVANTAGE

A. Absence of any precedent to guide the arbitrator/mediator

VI. FRAMEWORK OF THE ADR

 Attached agency to the Department of Justice, headed by an Executive Director
and assisted by a Secretariat

VII. COVERAGE

Generally, all civil cases and the civil liability of criminal cases and those
covered by the Rule on Summary Procedure

VIII. CASES NOT COVERED WITH ADR

1. Civil cases which by law cannot be compromised (Article 2035, New Civil
Code);

a. Civil Status of a Person (Uy vs Ngo Chua G.R. No. 183965 2009)

b. Validity of a Marriage

c. Grounds for Legal Separation

d. Future Legitime (Uy vs Ngo Chua G.R. No. 183965 2009)

e. Future Support (Uy vs Ngo Chua G.R. No. 183965 2009)

2. Labor Disputes covered by the Labor Code of the Philippines

3. Criminal Liability (Metropolitan Bank and Trust Company vs. Reynado and
Adrandea G.R. No. 164538 2010 )

4. Jurisdiction of the Courts