1.

Arbitration
ALTERNATIVE DISPUTE 2. Mediation
3. Conciliation
RESOLUTION (ADR) 4.
5.
Neutral and Early Neutral Evaluation
Mini-trial
REVIEWER 6.
7.
Combination
Innominate ADR Form
ALTERNATIVE DISPUTE RESOLUTION
based on Reobeniol

 ADR ACT OF 2004 - RA 9285 An Act to Institutionalize  Classification of Forms of ADR

the Use of an Alternative Dispute Resolution System in
Philippines and to Establish the Office for Alternative Classificatio
Dispute Resolution, and for Other Purposes n

 Salient Features of RA 9285 applying and incorporating Number of bilateral/bi- multilateral/mu

the UNCITRAL Model Parties party lti-party
(Korea Techologies Co Ltd vs Lerma) Number of simple complex
Issues
1. The RTC must refer to arbitration in proper cases
involved
2. Foreign arbitral awards must be confirmed by the RTC
3. The RTC has jurisdiction to review foreign arbitral awards Extent of the complete partial
4. Grounds for judicial review different in domestic and foreign conclusion
arbitral awards
5. RTC decision of assailed foreign arbitral award appealable Role of evidentiary/mer non-
evidence in it-based evidentiary/
 Lawyer’s Role the non-merit
1. As integral part of the judicial sytem - contribute to the proceedings based
promotion of ADR
2. As part of their duties to the court - assist in encouraging the Pendency of case-related independent
parties to avail ADR a court case
3. As part of their duties to their clients - explain the benefits of
Applicable domestic international foreign
ADR to them
law
4. Play the role of ADR provider or practioner
Permanence ad hoc institutional
 What is ADR? of ADR
A system, using means and methods allowed by law and approved provider
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  Components of ADR
adjudication.
1. contending parties
2. dispute or controversy
Any process or procedure used to resolve a dispute or controversy, 3. form of adr
other than by adjudication of a presiding judge of a court or an 4. adr provider or practitioner
officer of a government agency which neutral third party
participates to assist in the resolution of issues
 Subject Matters of ADR
 Principles of ADR All adversarial disputes and  controversies
1. Promotion of party autonomy and self-determination in exception:
the resolution of disputes 1. civil status of a person
2. Recognition of ADR as an efficient tool and an alternative 2. validity of marriage
procedure for the resolution of cases 3. jurisdiction of courts
3. Enlisting of private sector participation 4. future legitime
5. criminal liability
 Objectives and Benefits of ADR 6. those which by law, cannot be compromised
1. Speedy and impartial justice
2. Declogging of court dockets  Concluding Acts or Agreements
1. Arbitral award
 Features of ADR 2. Mediated settlement agreement
1. a means used to resolve a dispute or controversy 3. compromise agreement
2. utilizes means and methods allowed by law 4. waiver or quitclaim
3. contractual in nature
4. avoids court trial
5. usually involves the participation of a neutral third party  ADR Providers and Practitioners
 act in a quasi-judicial capacity
 Sources of ADR
 decisions or awards are reviewable in a special civil
1. Domestic laws and rules
action for certiorari under Rule 65 of the 1997 Rules of
2. Acts of the executive branch
CivPro
3. Decisions of the supreme court
4. International laws
 What is Mediation?
5. General Principles of law and equity

 Forms of ADR
A voluntaru process in which a mediator, selected by the disputing 1. those contained in an agreement evidence by a record
parties, facilitates communication and negotiation, and assists  the authenticated by all parties to the agreement
parties in reaching a voluntary agreement regarding a dispute 2. those available to the public or made in an open
3. threat or statement of plan to commit violence
Exlusions: 4. intentionally used to plan, commit, conceal a crime
1. court-annexed mediation : conducted under the auspices 5. offered to prove or disprove abuse et al.
of the court 6. offered to prove or disprove claim or complaint of
2. court-referred mediation : mediation ordered by a court misconduct
to be conducted in accordance with the agreement of the
parties when an action is prematurely commenced in  Mediator
violation of such agreement Selected by the parties
3. conciliation conducted by the Pangkat ng Tagapagsundo May withdraw or may be compelled to withdraw when:
4. judicial dispute resolution : conducted by the judge of a 1. requested by the party/ies
pending case after a failed CAM 2. does not have the qualifications
3. impartiality is in question
4. continuation of process will evaluate ethical standards
 Classification of Mediation 5. safety of any one of the parties will be jeopardized
1. Non-evidentiary / Non-merit based 6. inability to provideeffective services
2. Institutional or ad hoc 7. conflict of interest
8. others - provided by IRR
 Place of Mediation
GR: parties’ agreement  Duties and Functions of Mediation
Default: any place convenient and appropriate to all parties Prior
**shall be held in private unless consented not a. On Competence: maintain and continually upgrade professional
competence
 Stages in Mediation b. On impartiality: make an inquiry re financial or personal
1. Opening statement of the mediator interest that may affect impartiality
2. Individual narration by the parties During
3. Exchange by the parties a. Confidentiality
4. Summary of issues b. ensure parties understand the nature and character
5. Generalization and evaluation of options c. encourage mutual respect between parties
6. Closure
**not obligatory
 Role of Counsel in Mediation
 Conclusion of Mediation 1. collaborate with other lawyers
1. by execution of MSA 2. encourage client to actively participate
2. by the withdrawal of any party from mediation 3. assist client to comprehend and appreciate process
3. by the written declaration of the mediator that any effort 4. confer and discuss with client the process
would not be helpful
 What is Arbitration?
a voluntary dispute resolution proces in which one or more
 Advantages of Mediation arbitrators, appointed in accordance with the agreement of the
1. Confidentiality parties or rules promulgated pursuant to ADR Act, resolve a
2. Prompt, economical and amicable resolution dispute by rendering an award
3. decision-making authority rests with the parties
 Arbitration vs Mediation
 Confidential and Privileged Nature of Mediation Arbitration Mediation
Communication
Privilege - A rule of law that either permits a witness to refrain arbitrator decides the parties decide and executes
from giving testimony he otherwise could be expected to give, dispute by rendering an the MSA
or permits someone usually one of the parties to prevent the award
witness from revealing certain information
merit/evidence based non-merit based
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  Kinds of Arbitration
disclosed 1. Compulsary - the process of settlement of labor disputes
1. expressly confidential by a government agency which has the authority to
2. impliedly confidential investigate and to make an award which is binding on all
parties, and as a mode of arbitration where the parties
 Legal Effects of Confidential and Privileged Nature are compelled to accept the resolution of their dispute
1. participants may refuse to disclose and prevent another through arbitration by a third party
to disclose
2. CI not subject to discovery and shall be inadmissable in 1. Voluntary - involves the reference of a dispute to an
any adversarial proceeding impartial body, the members of which are chosen by the
3. persons involved shall not be compelled to disclose CI parties themselves, which parties freely consent in
4. protection under ADR continues to apply even mediator advance to abide by the arbitral award issued after the
fails to act impartially proceedings where both had the opportunity to be heard
5. mediator may not be called to testify to provide info
 Classification of Arbitration
Exceptions (Privilege does not attach to the following 1. Domestic - the components of parties’ places of business ,
communication) place of arbitration… are all located in the Phils
 2. International Waiver of Right to Object in ICA**
a. parties’ places of business is in different states
b. place of arb (AA), is outside the Phils Place/Venue
c. place where substantial part of the oblig is to be performed is GR: agreement
outside Ph Default: Metro Manila
d. parties expressly agreed that the subj matter of AA relates to
more than 1 country Commencement of ICA Proceedings
1. Foreign - arb is conducted outside the Phils GR: agreement
2. Commercial - covers matters arising from all Default: when a request to be referred to arbi is RECEIVED by
relationships of a commercial nature, whether respondent
contractual or not

 Objectives of Arbitration: provide speedy and

inexpensive method of settling disputes

 Arbitration Agreement (Arbi Clause / Compromissoire)

Agreement by the parties to submit to an arbitration all or certain
disputes which have arisend or which may arise between them in
respect of a defined legal relationship, whether contractual or not. 

Modes of Submitting a Dispute to Arb

1. Agreement to submit - for future disputes
2. Submission agreement - existing dispute

Formal Requirement
1. in writing
2. subscribed by the parties or their reps

 Doctrine of Separability or Doctrine of Severability

 Arbitration Agreement is independent of the main contract even if
it is contained in an arb clause

 Judicial Review and Court Intervention

Judicial remedies an aggrieved party to an arbitral award may
take:
1. petition to issue an order to vacate the award on grounds
provided for in Sec 24 RA 876
2. petition for review (CA) under Rule 43
3. petition for certiorari under Rule 65

 Interim Measures in Arbitration (int measures of

protection or provisional reliefs
Ancillary remedies intended for the protection of the subject
matter of the dispute
1. preliminary injunction
2. appointment of receivers
3. detention of property
4. preservation of property
5. inspection of property

GR: IM are applied with and secured from the ArbTrib

Instances when ArbTrib cannot grant IM
1. AT not yet constituted
2. AT already constituted has  no power to act or is unable
to act effectively
**may apply for IM with a court

 International Commercial Arbitration

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)

Rules on Receipt of Written Communications

GR: based on agreement
Default: delivered to the addressee personally / last know address