Professional Documents
Culture Documents
ADR Slides For-Midterm-Examinations
ADR Slides For-Midterm-Examinations
DISPUTE
RESOLUTION
“Settle with your opponent quickly while on the
way to court with him. Otherwise, your
opponent will hand you over to the judge, and
the judge will hand you over to the guard, and
you will be thrown into prison. Amen and I say
to you, you will not be released until you have
paid the last penny.”
“The early judges called upon to solve private conflicts were
primarily the arbiters, persons not specially trained but in whose
morality, probity and good sense the parties in conflict reposed
full trust. Thus, in Republican Rome, arbiter and judge (judex)
were synonymous. The magistrate or praetor, after noting down
the conflicting claims of litigants, and clarifying the issues,
referred them for decision to a private person designated by the
parties, by common agreement, or selected by them from an
apposite listing (the album judicium) or else by having the arbiter
chosen by lot.
CAUSES OF COURT DELAYS
Philippine Laws
- Civil Code, which contains provisions on compromises
and arbitrations
Articles 2028-2046
- The Arbitration Law (R.A. No. 876)
Equity
- In its broadest and most general signification, this
term denotes the spirit and the habit of fairness, justness,
and right dealing which would regulate the intercourse of
men with men. (Black’s Law Dictionary)
ALTERNATIVE DISPUTE RESOLUTION,
Defined
An alternative dispute resolution system is 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, 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.
Sec. 3(a), RA No. 9285
ADR Provider,
Defined
Institutions or persons accredited as mediator,
conciliator, arbitrator, neutral evaluator, or any
person exercising similar functions in any Alternative
Dispute Resolution system. This is without prejudice
to the rights of the parties to choose non-
accredited individuals to act as mediator,
conciliator, arbitrator, or neutral evaluator of their
dispute.
Sec. 3(b), RA No. 9285
Forms of Alternative Dispute
Resolution
Conciliation
Mediation
Arbitration
Early neutral evaluation
Mini-trial
Mediation-arbitration
A combination of any of the above
Any other ADR form
Conciliation, Defined
Mediation-Arbitration or Med-Arb is
a step in the dispute resolution
process involving both mediation and
arbitration.
Party Autonomy
Competence-competence principle
Principle of separability