Week 1

Party autonomy
- means power given to the parties to choose the law that will govern the contract.
- parties should be free to select the applicable procedure for arbitration
between themselves, and to select individual arbitrators if that is the agreed
procedure

self- determination
- free choice of one's own acts or states without external compulsion
- right to freely determine their political status and freely pursue their economic,
social, and cultural development
process by which a person controls their own life.

Arbitration agreement is a written agreement between the parties to a dispute

to designate a particular arbitrator to resolve their disputes arising out of a
particular business relationship.
 Agreement by 2 parties to submit to arbitration

ADR (procedural or substantive?)

 Sui generis (similar to IPL
 Has substantive aspect (adr act 2004  create rights and imposes obligation
 Procedural aspect

State policy of ADR

 Party autonomy 
 Self-determination 

-party can choose form, arbitrator, venue, language, procedure

Objectives of ADR

Abitrators are not quasi judicial

 Because it is a creation of contract

Classify adr forms

1. Evidentiary vs non merit based – role or neutral 3rd party
Ex: arbitration(Merit) 
Conciliation ( non merit) 
 Mediation(non merit tell you benefits of compromise, broker a
negotiation, don’t care who is right or wrong, role as mediator is to convince
them to enter compromise agreement
2. Multi lateral vs bilateral

Container contract vs compromisior (both arbitration agreement

Sample 1 (par 10) – container contract
Sample 2 (separate contract)

3. Diff bet compulsory and voluntary arbitration

Adr 2004 – governs voluntary
Labor code – governs compulsory, not dependent on will of the parties

4. Domestic vs foreign
- Will not discuss because law poorly defined

All dispute may be subject of ADR? Do you agree?

Can future legitime be subject of ADR? No. no legitime hanggat di namamtay yung nagpamana

Result of election subject of adr? No. against public policy. Against will of people

Next week mediation

Week 2 3/2/21
Privilege-
A particular benefit,  advantage,  or Immunity enjoyed  by  a  person  or class  of  people that is not  shared 
with  others.

Court-Annexed Mediation (CAM)

CAM is a voluntary process conducted under the auspices of the court by referring the parties to the
Philippine Mediation Center (PMC) Unit for the settlement of their dispute, assisted by a Mediator
accredited by the Supreme Court.
- is required to be conducted prior to pre-trial.
The following cases shall be referred to CAM:

1. All civil cases, except those which by law may not be compromised (Article 2035, New Civil Code);
2. Special proceedings for the settlement of estates;
3. The civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code;
 4. The civil aspect of criminal cases where the imposable penalty does not exceed six years
imprisonment and the offended party is a private person; and
5. The civil aspect of theft (not qualified theft), estafa (not syndicated or large scale estafa), and libel.

Judicial Dispute Resolution (JDR)

JDR is a process whereby the judge (called the JDR Judge) employs conciliation, mediation or early
neutral evaluation in order to settle a case at the pre-trial stage.  In the event the JDR fails, then another
judge (called the trial judge) shall proceed to hear and decide the case.
- requires judges to conduct mediation between the parties as part of the pretrials and prior to
the start of the trial stage.

The following cases shall be referred to JDR by Judges in areas declared as JDR sites:

1. All cases which were not successfully settled in CAM;

2. All appealed cases from the exclusive and original jurisdiction of the First Level Courts:
o over civil cases and probate proceedings, testate and intestate, under Section 33, paragraph (1)
of the Judiciary Reorganization Act of 1980;
o over cases of forcible entry and unlawful detainer under Section 33, paragraph (2) of the
Judiciary Reorganization Act of 1980;
o over civil cases involving title to or possession of real property or an interest therein under
Section 33, paragraph (3) of the Judiciary Reorganization Act of 1980; and
o over a habeas corpus case decided by the judge of the first level court, in the absence of all
the Regional Trial Court judges in the province or city, that are brought up on appeal from the
special jurisdiction granted to the first level courts under Section 35 of the Judiciary
Reorganization Act of 1980.

In camera is a Latin term meaning "in chambers". This refers to a hearing or

discussions with the judge in the privacy of his chambers (office rooms) or when
spectators and jurors have been excluded from the courtroom. An in camera
examination may be made of confidential or sensitive information to determine
whether to introduce it to the jury and make it part of public record. An in camera
hearing can be either on or off the record, though they're usually recorded.

Mediation vs adbitration

Court annexed and jdr are covred by ADR act of 2004?

CAM
- phil mediation board

JDR
- when CAM failed
Court referred mediation
- case filed prematurely
- Rule 16 Motion to Dismiss (recourse for dismissal of case
 barangay conciliation proceedings
 family members (try to make amicable settlement before going to court
Will you dismiss the case or suspend the proceeding?

- Referring to court referred mediation

- Parties not gone mediation despite having agreement to do so before
filling in court
- The law only require suspension of proceedings
- Rule 39 (court may need to approve the agreement
Any other 3rd neutral party (other than arbitrator) who can discuss merits of controversy?
- arbitral tribunal,

Rules provided for under ADR act are default rules?

- if there is agreement between parties, it must prevail
- if there is no agreement, then the default rules will kick in

Conciliation/mini trial that neutral 3rd party, may rule upon merits and arrive the finding?

One time mediation?

Ad hoc- 1 time
institutional – continuing

mediation process
- prior mediation
- default venue (convenient to party

-mediation proper

 parties may choose the procedure under the principle of self-determination and party
autonomy.

Parties in a case
o Ordinary Civil case – Plaintiff and the defendant (sum of money)
o Criminal case – preliminary Complainant and defendant, people(plaintiff)
vs accused
o Special civil action – plaintiff and defendant; petitioner and respondent
o Mediation – mediation parties , neutral 3rd party (mediator), non party
participants(ex: secretary, admin service to mediator)
o Arbitration – claimant and respondent
 o Appeal – appellant, appellee
Can lawyers appear in barangay conciliation proceeding?
NO. not even if son of lawyer is involved
- not highly technical or legal

Lawyers may appear in mediation proceeding. But they are reminded not to strictly apply
technical procedures. They just discuss the beauty of mediation (easily, faster and less expense).
Through mediation you may conclude the controversy and resolve dispute. The resulting
agreement is immediately executory. Ordinary appeal is not allowed.

Ways mediation may be terminated

- Party Withdraw from mediation (terminated)
- Mediator will withdraw (temporary suspension while waiting for the new mediator. The
mediating parties can select another mediator.)

After successful mediation. What is concluding document

 Mediated Settlement agreement
- Parties defines the terms
- Role of mediator (merely facilitates the negotiation)
- Ready na parties to enter agreement (
- Signed by (mediation party
 where to deposit mediated agreement (pages 42,43
No initial (where they reside,
 jointly deposited (if agreed upon, prior notice

Why do you need to deposit in court?

Non deposit does not affect validity of agreement. Matter of enforceability.
Deposit in clerk of court. With prior email or notification to other party.

Mediation cannot be effective unless parties are encouraged to disclose all available information
for mediator to be able to strike a good deal. cannot be done if parties is apprehensive that the
info may be used against them in court in case the mediation fails.  answer to this is
confidentiality

Mediation communication covered?

All covered (written and oral)

Confidentiality
GN: communication is confidential either express or implied

(implication of confidentiality)
- no one can be compelled to disclose
- party may bar disclosure
- Inadmissible as evid (when opposition is raised? When objectionable feature is apparent) –
document(once offered) testimony(moment witness is called, answer is given
 right after the question is asked. Because answer of witness will go to record
 do not end with objection if answer is already given. – moment objectionable feature becomes
apparent

ways to waive objection

express waiver
implied waiver
estoppel

exp to exemption limited used of exemption

Only such portion of the communication necessary for the application of the
exception can be admitted in evidence

Diff of express vs implied communication

Exception based on agreement vs public policy

Qualification of mediator
Full exercise of civil right
Contractual capacity
Grounds for removal of mediator:
1. If any of the patties REQUESTS the mediator to withdraw;
2. The mediator does not have the qualification, training and
experience to enable him to meet the reasonable expectations of
the parties (if the mediator is selected by the parties on account of
his special qualifications)
3. The mediator’s impartiality is in question
4. The continuation of the process will violate an ethical standard
5. The safety of any one of the parties will be jeopardized
6. The mediator is unable to provide effective services
7. In case of CONFLICT OF INTEREST
8. Other instances

Mediator is entitled to fees

Duty bound his fees on pre mediation stage (up front)
Quantum meruit
o Can he charge contingency fee? (NO. it compromise impartiality

1. Ad hoc mediation
- Parties are free to make their own arrangements as to mediation costs
and fees
2. Institutional mediation
- Mediation costs shall include the administrative charges of the
mediation institution, mediator’s fees and associated expenses
What is the default venue of mediation?
1.undergo mediation at room 101 ust main building govern by ADR rules of 2004
2.Room 101 of marina bay SG govern by ADR law of SG

Same yung venue at place

Seat -jurisdiction. SG , PH
Venue – actual site(room 101 ust main building, Room 101 of marina bay
Place