DISPUTE RESOLUTION REVIEWER
judge involved in dispute resolution.
DISPUTE
- to engage in an argument (pakikipag
dialogo) or it can be defined as debate.
RESOLUTION
- finding a solution or decision in a
certain case.
DISPUTE RESOLUTION
- is a term that refers to a number of
processes that can be used to resolve a conflict.
- will be deemed as a failure if the case
will be elevated in court.
- Also termed “alternative dispute
resolution”, appropriate dispute resolution, or
just simply “ADR”
THE USES/BENEFITS OF DISPUTE
RESOLUTION
1. Dispute resolution is cheaper.
2. It is faster than the conventional legal process.
3. Greater participation of both parties.
4. Control over the outcome of the dispute
NOTE:
In dispute resolution, the decision of the
mediator, conciliator, or barangay chairman of
lupon tagapagkasundo or the chairman of
pangkat, maybe adhered to or not.
*You don’t need an attorney in participate in
dispute resolution*
NEUTRAL THIRD PERSON
This is the mediator, conciliator, or
3 DIFFERENT TYPES OF DISPUTE
RESOLUTION PROCESSES
1. MEDIATION
- the goal of mediation is for the neutral
third person to help the disputant come to a
consensus of their own.
- the mediator is only for guidance and
has no authority to force the parties to accept his
suggestion.
- MEDIATOR- does not impose a
solution but rather works with the conflicting
sides to explore interests.
*It is allowed in mediation that a party will
vent his grievance or feelings but must be
within the boundaries of the law (not
slanderous nor libelous)
2. ARBITRATION
- in arbitration, the neutral third party or
person serves as a judge who is responsible for
solving the dispute.
- the ARBITRATOR listens as each
side argues its case and presents relevant
evidence.
*Summary of Procedures should be applied
in arbitration*
*The rule of evidence under the revised
criminal procedure should apply in
arbitration*
3. LITIGATION
- the judge is responsible for weighing
the evidence presented by both parties.
*PREPONDERANCE OF EVIDENCE – a
term used for the weight of evidence. *
*LAWYERS dominate the litigation*
THE DIFFERENT STAGES OR STEPS IN
DISPUTE RESOLUTION
1. Prevention and cooperation stage
- tailored to encourage alignment of
interest, improve cooperation, and
prevent and minimize the adverse effect
of the problems.
(Under mediation process)
2. Dispute de-escalation, control, and real-
time resolution stage
- techniques to realistically solve the
problems. In this stage, the focus is to
de-escalate the problems.
(Under mediation process)
3. Facilitated resolution stage
- parties are assisted by the arbitrators
(Under arbitration process)
4. The binding resolution stage (adjudication
stage)
- binding means mandatory- where all
other efforts at resolutions have failed. It
is resolved by a neutral third person like
a judge in a court. TOPICS BEING TACKLED IN
EARLY NEUTRAL EVALUATION
(Under litigation process)
1. Summaries of cases.
ALTERNATIVE DISPUTE RESOLUTION
OR ADR 2. Receive a non-binding assessment.
- any processes or procedures used to
resolve a dispute or controversy, other than an
adjudication of a presiding judge or officer of MINI TRIAL
court. -Structured dispute resolution method in
which the merits of the case are argued.

PROCESS UNDER ADR (PHILIPPINE NEUTRAL THIRD PERSON

STANDARD) -Judge (Philippines)
-Jury or panel (other countries)
MEDIATION
-in mediation, both parties are not required to attend; also,
APPROPRIATE OFFICE
both parties will select their mediator
-venue for ADR cases

ARBITRATION
-A voluntary dispute resolution process in which one or
more arbitrators resolve the dispute. Arbitrator is chosen by
 CONCILIATION
A process whereby the parties request a third person who
GOOD OFFICES
will act as conciliator to assist them to come to an - Creating arbitrary machinery in the
agreement about an amicable settlement. construction industry of the Philippines.
-Offices that solutions
- focuses on instant essentially provide
to the problems from
relationships and contracts
logistical to parties with a consultation. - February 2, 1985
- the conciliator does not have the authority to impose upon
KNOWN BENEFITS the parties
OF aADR solution (IN THE Note: DOLE/Department of Labor
PHILIPPINES) and Employment – The primary
agency to investigate labor disputes
1. Ensure party autonomy.
3. RA 876
2. Parties can beEARLY
creative.
NEUTRAL EVALUATION
- Adr process wherein the parties and their lawyers are
-an act to authorize the making of
3. Flexibility of proceedings.
brought together arbitration and submission agreements
4. Confidentiality-lawyers
of proceeding.
are required to attend. to provide for the appointment of
arbitrators and the procedure for
5. Reduced the cost and time. arbitration in civil controversy.
6. Less stress - June 19, 1953
INTERNATIONAL MODEL LAWS FOR
ALTERNATIVE DISPUTE RESOLUTION
1. UNCITRAL MODEL LAW
-This model law is designed to assist
states, in reforming and modernizing
LAWS IN CONNECTION WITH ADR their laws on arbitral
1. RA 9285 NOTE: It is the international policy for
alternative dispute resolution.
- An act to institutionalize the use of an
alternative dispute resolution system in -it covers all stages of the arbitral
the Philippines process from the arbitral agreement to
the composition and jurisdiction of the
- established the office of the Alternative
arbitral tribunal
Dispute Resolution
-It also tackles the extent of court
 Provisions Of Confidentiality
intervention through the recognition and
- the information about ADR especially enforcement of the arbitral awards.
during the arbitration process must be
- UNCITRAL law reflects the
privileged or confidential.
worldwide consensus on key aspects of
 Privileged Communication Rule international arbitration practice.

- the information due to the relationship -filed at UN Court of Justice

cannot be used as evidence. 7 INSTANCES THAT ADR SHALL NOT BE
 The Mediator is responsible for the APPLIED:
security and protection of information in 1. Labor dispute- it shall be governed by the
ADR. provisions of the labor code of the Philippines –
2. EXECUTIVE ORDER NO. 1008 pd no. 442.
2. Civil status of a person.
3. The validity of marriage.
4. Ground for legal separation.
5. Jurisdiction of court- the court where the
crime was committed has jurisdiction over the
case.
6. Criminal liability- only the judge has the
power to determine the criminal liability after
the trial. (Judicial function).
7. Those instances by which the law cannot be
compromised.
OFFICE FOR THE ALTERNATIVE
DISPUTE RESOLUTION (OADR)
 created by virtue of RA 9285 (ADR law
of 2004)
 OADR- it is an attached agency of the
Department of Justice.
 Tasked to oversee, the state of both the
public and private sectors of ADR.
ROLE OF OADR
A. To promote, develop and expand the
use of ADR.
B. To assist the government to monitor,
study and evaluate the use of ADR.
C. To recommend to Congress needful
statutory.
POWERS AND FUNCTIONS OF OADR
A. To act as appointing authority of mediators
and arbitrators.
B. To conduct seminars, symposia,
conferences
C. To establish an ADR library or resource
center.
D. To establish training programs.
E. To certify those who have successfully
completed the professional training.
F. To charge for services.
G. Accept donations, grants, and other
assistance.
H. To exercise such other powers provided by
ADR law.
KATARUNGAN PAMBARANGAY
-instituted in all barangays in the
Philippines that seeks to promote among others
the speedy administration of justice
- providing all avenues to an Amicable
settlement- an instant solution where both parties
will agree on the premise of paying the damages.
PD 1508 –KP LAW OF 1978
- peaceful settlement of disputes among
family or barangay members without going to
court.
- institutionalized KP and enacted on
December 30, 1978, by President Ferdinand
Marcos
RA 7160 LOCAL GOVERNMENT ACT OF
1991
- incorporated KP law as part of the
codified law on local government.
LUPON TAGAPAMAYAPA
- body organized in every barangay
assisted by the provincial legal officer, city legal
office, municipal legal officer, and public
prosecutor that is tasked by law to administer the
katarungan pambarangay.
PANGKAT
- this is the team responsible to conduct
or mediation and conciliation.
THREE COMPONENTS OF
KATARUNGAN PAMBARANGAY
1. Lupon tagapamayapa- 10-20 members
2. Pangkat ng tapagkasundo- 3 members
3. Legal advisers (public prosecutors, city legal
officer etc.)
QUALIFICATIONS TO BECOME A
LUPON MEMBER
1. Any person who is actually residing in the 5. Where disputes involve real properties and the
barangay. location is within the barangay.
2. Any person who is working within the
barangay COMMON CASES WHICH CAN BE FILED
3. Possessing integrity, independence minded, IN LUPON
fairness, and a reputation for probity. 1. Criminal Cases
 THEFT (OF SMALL THINGS)
DISQUALIFICATIONS:  ROBBERY (OF SMALL
1. Person convicted of a crime with an accessory THINGS)
penalty of disqualification from holding public  SLANDER (EITHER ORAL
office. DEFAMATION OR SLANDER
2. Minors. BY DEED
3. Members of the armed forces and still in  DAMAGE TO PROPERTY
active service.  SMALL-SCALE ESTAFA
4. Government employees.  TRESPASSING
5. Elected government official.
 COERCION
 UNJUST VEXATION
NOTE: retired police, military and government
(IRRATIONAL ANNOYANCE)
employees are qualified to become lupon
2. Civil Cases
members.
 Ejectment
PANGKAT NG TAGAPAGKASUNDO  Family or marital problems
-Is the conciliation panel that hears each  Collection of debts or rental
dispute brought before lupon.  Breach of contract
 Damages (usually for
COMPONENTS OF PANGKAT properties)
1. Chairman- presides over the meeting or  Demand for specific obligations
hearing before the pangkat from the contracts.
2. Secretary – prepares the minutes of the
proceeding and issuance of notices to the parties KP PROCESS (Mediation and Conciliation)
concerned. Also tasked to issue certified copies 1. Filing of complaint
of any public record in his custody. 2. Mediation before the lupon chairman or
3. Members pangkat.
NOTE: Dispute parties between or among the - a hearing is done informally
parties who are actually residing in the same city 3. Conciliation through pangkat.
or municipality may be brought for amicable - if the dispute is not settled before the
settlement before the lupon. lupon chairman it is transferred to pangkat
CASES WHICH THE LUPON DOES NOT within 15 days.
HAVE THE AUTHORITY TO HEAR - will be conducted within 15 days
1. Where one party is the government or any which can be extended for another 15 days.
subdivision or instrumentality thereof;  meritorious case
2. Where one party is a public officer or  determination of witness
employee and the dispute relates to the 4. Execution.
performance of his official functions;
3. Offenses punishable by imprisonment GROUNDS TO DISQUALIFY A PANGKAT
exceeding one year or a fine exceeding 5, 000 MEMBER
php. 1. RELATIONSHIP
4. Victimless crimes: 2. BIAS
1. Gambling 3. INTEREST;
2. Prostitution 4. ANY OTHER SIMILAR GROUNDS
3. Drugs
NOTE: Lupon or Pangkat have no power of
contempt but may file an application to cite any
party who willfully and deliberately fails or
refuses to follow to obey the rules.
INDIRECT CONTEMPT - one month of
imprisonment and fine not exceeding to
5,000.00php.

EFFECT OF FAILURE TO ATTEND

MEDIATION OR ADR
1. On the part of the complainant
-The complaint will be dismissed.
2. On the part of the person subject to the
complaint
-The case will be elevated to the court.
THE AMICABLE SETTLEMENT MUST
BE:
1. In writing
2. In language or dialect known to the
parties
3. Signed by them.
NOTE: a lawyer is not needed in signing an
amicable settlement
The Secretary of Pangkat- issue the certificate
to file action
WHEN IS CTFA ISSUED?
 No settlement
 There is a settlement but later repudiated
 If the respondent failed to appear 3
times.