Is Arbitration An Appropriate ADR For The Barangay Justice System?

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Is Arbitration an appropriate ADR for the Barangay Justice System?

Arbitration may not be the most appropriate ADR for the Barangay Justice System.
In the barangay conciliation process, parties in conflict are urged to resolve their
disagreements through mediation that is assisted by a barangay conciliation officer.
Conciliation is a less formal process with an emphasis on reaching a mutually agreeable
resolution instead of imposing judicial judgments. Contrarily, arbitration entails submitting a
disagreement to one or more arbitrators who then render a ruling that is legally enforceable
against the parties. Arbitration is a more formal procedure that usually includes legal
experts. Arbitration is not the primary method of alternative dispute resolution (ADR) used
by the Barangay Justice System in the Philippines; instead, "barangay conciliation" is
utilized. The Barangay Justice System was established under the Local Government Code
of 1991 (Republic Act No. 7160), with the goal of offering a quick and easily accessible way
to resolve conflicts at the local level. Arbitration might not be the best alternative dispute
resolution procedure in this situation given the informal and community-focused structure of
the Barangay Justice System. Barangay conciliation is more closely aligned with the goals
of fostering community cohesion, settling conflicts at the local level, and avoiding the formal
and adversarial aspects of arbitration. The nature of the disagreement, the parties' desire to
engage, and the skill of the ADR facilitators are just a few of the variables that affect how
effective any ADR procedure, including barangay conciliation, is. In the Philippines, the
Barangay Justice System is vital to the provision of accessible justice for local communities.

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