Topic # 2

SALIENT FEATURES OF RA 9285 OTHERWISE KNOWN AS THE

ALTERNATIVE DISPUTE RESOLUTION ACT OF 2004

1. What is Republic Act No. 9285?

This Act is known as the "Alternative Dispute Resolution Act of
2004."

2. What is the policy of the State regarding Alternative Dispute

Resolution (ADR)?
It is hereby declared the policy of the State to actively promote
party in the resolution of disputes or the freedom of the party to make
their own arrangements to resolve their disputes.
Towards this end, the State shall encourage and actively promote
the use of Alternative Dispute Resolution (ADR) as an important means
to achieve speedy and impartial justice. As such, the State shall provide
means for the use of ADR as an efficient tool and an alternative
procedure for the resolution of appropriate cases.

3. What is Alternative Dispute Resolution?

Alternative Dispute Resolution System means any process or

procedure used to resolve a dispute or controversy, other than by
adjudication of a presiding judge of a court or an officer of a government
agency, as defined under RA 9285.

4. What is Arbitration?

Arbitration means a voluntary dispute resolution process in which

one or more arbitrators, appointed in accordance with the agreement of
the parties, or rules promulgated pursuant to RA 9285, resolve a dispute
by rendering an award. (Sec. 3, par. d, RA 9285)

Note: Award means any partial or final decision by an arbitrator in

resolving the issue or controversy.

5. Who is an Arbitrator?

Arbitrator means the person appointed to render an award, alone

or with others, in a dispute that is the subject of an arbitration
agreement. (Sec. 3, par. e, RA 9285)

Arbitration Process or also known as the Private Dispute Resolution

Process
  It is a procedure in which a dispute is submitted, by agreement of the
parties to one or more arbitrators.

Litigation Process
 Refers to an action of resolving a dispute by filing or answering a
complaint through the public court system. Typically settled by
agreement between parties but may also be heard and decided by a jury
or judge in court.

Arbitration vs. Litigation

Litigation
- means taking a dispute to
court. Both sides present their
case before a judge or jury, who
will then render a decision.
- refers to an action of resolving
a dispute by filing or answering
a complaint through the public
court system. Typically settled
by agreement between parties,
but may also be heard and
decided by a jury or judge in
court.
Arbitration
- on the other hand, is a private
process in which both parties
agree that an arbitrator (a
neutral third party) will render
a binding decision.
- also known as the Private
Dispute Resolution Process - is
a procedure in which a dispute
is submitted, by agreement of
the parties to one or more
arbitrators.

6. What is Mediation?
Mediation means a voluntary process in which a mediator, selected
by the disputing parties, facilitates communication and negotiation, and
assist the parties in reaching a voluntary agreement regarding a dispute.
(Sec. 3, par. q, RA 9285)

7. Who is a Mediator?
Mediator means a person who conducts mediation. (Sec. 3, par. r,
RA 9285)

8. What is Mediation Party?

This means a person who participates in a mediation and whose
consent is necessary to resolve the dispute. (Sec. 3, par. s, RA 9285)

9. How arbitration, mediation and conciliation are different from each

other?
 Arbitration, mediation and conciliation are the main Alternative Dispute
Resolution Mechanism which is generally adopted by the people to
resolve their disputes in an informal manner.
They try to reach a solution by settlement or negotiation with the
assistance of a third neutral party and have turned out to be an effective
alternative to the litigation process.

Arbitration is a process where the parties submit their case to a neutral third
party who on the basis of discussion determine the dispute and comes to a
solution.

Mediation and conciliation both are an informal process. Whereas,

arbitration is more formal as compared to them. In mediation, the mediator
generally sets out alternatives for the parties to reach out an agreement. The
main advantage of the mediation is that the settlement is made by the parties
themselves rather than a third party.

Dispute resolution through conciliation involves the assistance of a neutral

third party who plays an advisory role in reaching an agreement. The process
adopted by all the three are different but, the main purpose is to resolve the
dispute in a way where the interest of the parties is balanced