Alternative Dispute Resolution

with focus on

Arbitration

Issues hounding the court

system
Delays- Inordinate length of time to finish
a case.

In order to
solve this

Expensive- In terms of time money

and effort.
Fractured fairness- Corruption, Undue
influence, Incompetence bias
Manpower-Lack of judges,
prosecutors, Court employees,
Lawyers.
Lack of ownership- Disinterest adds

ADR definition
Republic Act No. 9285 SEC. 3.
ADR 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 in this Act, in which a neutral third
party participates to assist in the resolution of
issues, which includes arbitration, mediation,
conciliation, early neutral evaluation, minitrial, or any combination thereof;

Policy parameters
Promote party autonomy in the resolution of
disputes.
Encourage the us of ADR as an important
means to achieve speedy and impartial
justice and declog court dockets.
Private sector participation
Legislated ADR is without prejudice to the
adoption by the supreme court of any ADR
system which shall be governed by such
rules as the supreme court may approve
from time to time.

ADR law in context

1953 Arbitration law (R.A. 876)
1985 Model Law(Model law on
International commercial Arbitration
adopted by the UN Commission on
international trade law (UNCITRAL)/United
nations Document A/40/7)

1985 Construction industry

arbitration law(E.O no. 1008)
ADR act of 2004(R.A. 9285)
Special rules of court on ADR

DISPUTES NOT COVERED BY

ADR
RANCI

ADR PROCESSES
RANCI
1. MEDIATION
2. (EARLY NEAUTRAL EVALUATION)
3. MINI-TRIAL
4. ARBITRATION

Rules in
interpretation/application
The
need to promote candor

Confidentiality of mediation process

Fostering a prompt, economical, and
amicable resolution of disputes;
Integrity of determination by the parties
and that the decision making authority
rests with the parties.
Consider the international origin of the
model law and the uniformity of its
interpretation
Policy of the law in favor of arbitration

Rules on Confidentiality
1. .Information Obtained through mediation
shall be privileged and confidential.
2. The arbitration need not be open to public
3. A party, a mediator or non party participant
may refuse to disclose any information
about the mediation.
4. Confidential information may not be subject
to discovery
5. Inadmissible in any adversarial proceeding
6. Confidentiality rule applies even if the
mediatior failed to act Impartially

Arbitration
R.A No. 9285 sec 3
"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 this Act, resolve a dispute by
rendering an award;

Why resort to Arbitration

Control of parties
Privacy
Less formal
Faster

DUTIES OF
MEDIATOR/ARBITRATOR
RANCI

QUALIFICATIONS OF
MEDIATOR/ARBITRATOR
RANCI

ROLE OF COURTS IN
ARBITRATION
RANCI

ROLE OF COURTS IN
ARBITRATION
RANCI

GROUNDS FOR AMENDING AN

AWARD
WILLIAM

GROUNDS FOR REVOKING AN

AWARD
RANCI

WHY AGAIN?

RANCI-PARTY AUTONOMY
WILLIAM-COMPETENCE
RANCI-COST-FFICIENT
WILLIAM-MARKET DRIVEN
BOTH OF USIT CREATES
PEACE[HANDSHAKE TAYO]

THE END
LAWYERS CAN BE, SHOULD BE GOOD
ARBITRATORS