LITIGATION

AND
ALTERNATIVE
DISPUTE
RESOLUTION
LITIGATION
 CRIMINAL
PROCEDURE
 CIVIL
PROCEDURE
TRIAL ON TV
 ACTUAL
(PRE-TRIAL)
ALTERNATIVE
DISPUTE
RESOLUTION

(RA 9285)
 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 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, mini-trial, or any
combination thereof
M
E
T • Court-Annexed Mediation
• Judicial Dispute Resolution
H
• Arbitration
O
• Mediation
D
• Early Neutral Evaluation
S
• Mediation-arbitration
• Mini-trial
M • Court-Annexed Mediation
E – means any mediation process
T conducted under the auspices of
the court, after such court has
H acquired jurisdiction of the dispute
O – voluntary process conducted
under the auspices of the court by
D referring the parties to the
S Philippine Mediation Center
(PMC) Unit for the settlement of
their dispute, assisted by a
Mediator accredited by the
Supreme Court.
M
E • Judicial Dispute Resolution
T – a process whereby the judge
H (called the JDR Judge) employs
conciliation, mediation or early
O neutral evaluation in order to settle
D a case at the pre-trial stage. In
the event the JDR fails, then
S another judge (called the trial
judge) shall proceed to hear and
decide the case.
M
E
T • Mediation
– means a voluntary process in
H which a mediator, selected by the
O disputing parties, facilitates
communication and negotiation,
D and assist the parties in reaching
S a voluntary agreement regarding a
dispute.
M
E
T • Arbitration
– means a voluntary dispute
H resolution process in which one or
O more arbitrators, appointed in
accordance with the agreement of
D the parties, or rules promulgated
S pursuant to this Act, resolve a
dispute by rendering an award
M
E • Early Neutral Evaluation
T – means an ADR process wherein
parties and their lawyers are
H brought together early in a pre-trial
O phase to present summaries of
their cases and receive a
D nonbinding assessment by an
experienced, neutral person, with
S expertise in the subject in the
substance of the dispute, to help
the parties negotiate an amicable
settlement.
M
E
T • Mediation-Arbitration
H – Two-step dispute resolution
O process involving both mediation
and arbitration.
D
S
M
E
T • Mini-trial
– means a structured dispute
H resolution method in which the
O merits of a case are argued before
a panel comprising senior decision
D makers with or without the
S presence of a neutral third person
after which the parties seek a
negotiated settlement
COMPROMISE
Civil cases:
– The civil status of persons;
– The validity of a marriage or a
NO

legal separation;
– Any ground for legal
separation;
– Future support;
– The jurisdiction of courts; and
– Future legitime.
COMPROMISE
• Civil aspect of non-
mediatable criminal cases.
• Petitions for Habeas
NO

MEDIATABLE CRIMINAL CASES (Civil Aspect):

Corpus
1. The civil aspect of Quasi-Offenses under Title 14 of the
Revised Penal•Code;
All cases under RA 9262
• Cases
2. The civil aspect with
of less grave pending
felonies punishable by
correctional penalties not exceeding 6 years imprisonment,
application
where the offended party is a privatefor Restraining
person;
Orders/Preliminary
3. The civil aspect of estafa, theft and libel;
Injunction