ALTERNATIVE

DISPUTE
RESOLUTION
Prepared by: Dr. Rhona A. Alog
Policy of the State
◦ To promote party autonomy in the resolution of disputes or the freedom of
the parties to make their own arrangements to resolve their disputes;
◦ To encourage and actively promote the use of ADR as an important means
to achieve speedy and impartial justice and to declog court dockets;
◦ To provide means for the use of ADR as an efficient tool and an alternative
procedure for the resolution of appropriate cases; and
◦ To enlist active private sector participation in the settlement of disputes
through ADR
 Alternative Dispute Resolution
◦ Refers to range of methods
which helps the parties in
dispute to come to settlement
without going to court
◦ A system of means and method
allowed by law and approved by
the parties, for the purpose of
resolving or facilitating the
resolution of disputes and
controversies between them, in a
speedy manner without resorting
to court litigation
 Alternative Dispute Resolution
◦ means any procedure,
agreed to by the parties of a
dispute, in which they use
the services of a neutral
party to assist them in
reaching agreement and
avoiding litigation. (Sec 3 of
RA 9285)
Alternative Dispute Resolution System
Forms of Alternative Dispute Resolution

◦ Arbitration
◦ ADR Act of 2004 defined this as the voluntary resolution of dispute in which one or
more arbitrators are appointed by the parties

◦ Conciliation ◦ Mediation
◦ Adjustment of dispute in a friendly, ◦ A neutral party facilitates the
not in an antagonistic manner communication and negotiation
 Forms of Alternative Dispute Resolution
◦ Early Neutral Evaluation
◦ Parties and their lawyer and their lawyers are brought together to present summaries
of their case and received a non binding assessment by an experienced neutral
person with expertise in the subject or in substance of the dispute

◦ Mini-trial ◦ Mediation-Arbitration
◦ Structured dispute resolution method in ◦ A dispute resolution process involving
which the merits of a case are argued both mediation and arbitration
before makers with or without the
presence of neutral third person after
which party seek a negotiated settlement
◦ Early neutral
Evaluation
◦ ADR process wherein
parties and their lawyers
are brought together early
in the pre-trial phase to
present summaries of their
cases and to receive a non
binding assessment by an
experienced neutral person,
with expertise in the subject
matter or substance of the
dispute.

https://youtu.be/GjlBlpOKuQA?t=47
◦ Mediation-Arbitration
◦ Two-step dispute resolution
process involving mediation
and then followed by
arbitration
◦ Mini-Trial
◦ Structured dispute
resolution method in which
the merits of a case are
argued before a panel
comprising of senior
decision-makers, with or
without the presence of a
neutral third person, before
which the parties seek a
negotiated settlement

https://youtu.be/8JlP20XiceY
Objectives and benefits of ADR

◦ Speedy and
impartial justice
◦ De-clogging of
court dockets
Features of ADR
◦ Means used to resolve a dispute or controversy
◦ Means and methods allowed by law
◦ Contractual in nature
◦ Avoids court trial
◦ Usually involves the participation of a neutral third party
Sources of Alternative Dispute Resolution
◦ Domestic Laws and Rules
◦ Acts of the Executive Branch
◦ Decisions of the Supreme Court
◦ International Laws
◦ General Principles of Law and Equity
All adversarial disputes and controversies can be subjected to
ADR EXCEPT:
◦ Labor disputes covered by Labor Code of the Philippines
◦ Civil status of a person
◦ Validity of Marriage
◦ Any ground for legal separation
◦ The jurisdiction of courts
◦ Future legitime
◦ Criminal liability
◦ Those which by law, cannot be compromised.
Classification of forms of ADR
◦ Number of Parties
◦ Bilateral/Bi-Party ◦ Pendency of a Court Case
◦ Multilateral/multi-party ◦ Case Related
◦ Number of Issues Involved ◦ Independent
◦ Simple ◦ As to Applicable Law
◦ complex ◦ Domestic
◦ Extent of Conclusion ◦ Internal
◦ Complete ◦ Foreign
◦ Partial ◦ Permanence of ADR provider
◦ Role of Evidence in Proceedings ◦ Ad hoc
◦ Evidentiary/merit-based ◦ Institutional
◦ Non-evidentiary/non merit based
◦ An agency attached to the Department of Justice which shall
have a Secretariat and shall be appointed by the President of
the Philippines, taking into consideration the recommendation
of the Secretary of Justice.
◦ The OADR was established under Republic Act (R.A.) No. 9285,
otherwise known as the ADR Act of 2004, as an attached agency of the
DOJ, with the following objectives:
◦ Promote, develop and expand the use of ADR in the private and
public sectors;
◦ 2) Assist the government to monitor, study and evaluate the use by
the public and the private sector of ADR, and recommend to
Congress needful statutory changes to develop; and
◦ 3) Strengthen and improve ADR practices in accordance with world
standards.
Powers of the Office:
◦ 1) Formulate standards for training of the ADR practitioners and service
providers;
◦ 2) Certify that such ADR practitioners and ADR service providers have
undergone the professional training provided by the office;
◦ 3) Coordinate the development, implementation, monitoring, and evaluation
of government ADR programs;
◦ 4) Charge fees for their services; and
◦ 5) Perform such acts as may be necessary to implement the provisions of the
Act.
Functions of the Office
◦ To promote, develop and expand the use of ADR
◦ To monitor, study and evaluate the use of ADR by the private and public sectors for policy
formulation
◦ To recommend to congress needful statutory changes to develop, strengthen and improve ADR
practices
◦ To make studies on and provide linkages for the development, implementation, monitoring and
evaluation of government and private ADR programs
◦ To compile and publish a list of roster of ADR providers/practitioners who have undergone
training by the OADR
◦ To compile roster of foreign or international ADR providers/practitioners
◦ https://www.facebook.com/276628309024583/posts/look-the-official-roster-of-oadr-accredited-
alternative-dispute-resolution-adr-p/3738934419460604/
 Divisions of OADR
◦ Secretariat
◦ Public Information and Promotion Division
◦ Training Division
◦ Records and Library Division
The Advisory Council
◦ Composition:
◦ Mediation profession
◦ Arbitration profession
◦ ADR organizations
◦ IBP
◦ Academe
ADR Providers
Liability of ADR
Providers/Practitioners
◦ The ADR providers and practitioners shall have the same civil
liability for acts done in the performance of their official duties
as that of public officers, upon a clear showing of bad faith,
malice or gross negligence.
 Mediation
A voluntary process in which a mediator,
selected by the disputing parties, facilitates
communication and negotiation, and assists the
parties in reaching a voluntary agreement
regarding a dispute
Terms to
Define • Ad Hoc Mediation
• Institutional Mediation
• Court-Annexed Mediation
• Court-Referred Mediation
• Certified Mediator
• Mediation Party
• Mediator
• Non-Party Participant
Mediation can be used to resolve a variety of legal issues
including but not limited to:

• Contract disputes
• Contesting a will
• Disagreements between
partners in a business
• Divorces and child
custody arrangements
https://www.youtube.co
m/watch?v=hrcMFaM6
Xiw
• is a non-binding procedure
controlled by the parties.
• is confidential procedure
• Is an interest-based procedure
• allows for greater control
• is less expensive than litigation
• offers greater privacy
• Can help preserve
relationships
 The Mediator

Selection of mediator- the parties have the freedom

to select their mediators.

NOTE: The parties may request the OADR to provide

them with a list or roster or the resumes of its certified
mediators. The OADR may be requested to inform the
mediator of his/her reaction.
Replacement of Mediator
If the mediator selected in unable to act as such for any reason,
the parties may, upon being informed of such fact, select another
mediator.

Refusal or Withdrawal of Mediator

A mediator may refuse from acting as such, withdraw or may be
compelled to withdraw, from the mediation proceedings under the
following circumstances.
Qualities of a Good Mediator

- Active listening skills

- Questioning and clarifying skills
- Emotional intelligence
- Summarizing skills
- Empathy
- Integrity
- Patience
The Ethical Conduct of Mediator

- Competence
- Impartiality
- Confidentiality
- Consent and Self Determination
- Separation of mediation from
counseling and legal advise
- Charging of fees
- Promotion of respect and control of
the process
- Solicitation and acceptance of gift
Conduct of Mediation
1. Preliminary meeting.
2. A joint meeting with both parties.
3. Sessions where mediator meets with
each party individually
4. An evaluation by the mediator
5. An agreement that ends the dispute
Six stages of Mediation
Role of the Counsel

a. Collaborator
b. encourage active participation and positive discussion
c. assist client to comprehend and appreciate the
mediation
d. confer and discuss with client
e. support the mediator
f. ask recess to advice client
g. assist client and mediator in writing the terms of the
settlement agreement.
Consideration
- mediator shall not make untruthful or exaggerated claims
- mediator shall help the parties reach a satisfactory resolution
- parties shall personally appear for mediation and may be
assisted by a lawyer
- mediation has six stages
- mediation is private
- mediation in closed when:
*by execution of settlement agreement;
*by withdrawal of any party from mediation; and
*by the written declaration of the mediator that any further
effort at mediation would not be helpful
Place of Mediation
-Agreement of Parties on the Place of
Mediation
- Agreement to submit a dispute to mediation by
an institution
OPERATIVE PRINCIPLES TO GUIDE MEDIATION

a. A settlement agreement following a successful

mediation
b. the parties sign the agreement
c. settlement agreement may be jointly deposited
by the parties
d. the parties may agree in the settlement
agreement that the mediator shall become a sole
arbitrator for the dispute
Six steps to mediate successfully:
- Establish ground rules
- Have a full and frank discussion with each person,
individually
- Explore the issues together
- Negotiate and compromise
- Create a written agreement
- Get some closure
- (Tancangco, 2022 page 50)
Arbitration
◦ a process in which an
independent person
makes an official
decision that ends a legal
disagreement without the
need for it to be solved in
court
Terms to ponder:
◦ ADR ◦ Counsel
◦ ADR Provider ◦ Court’
◦ ADR system ◦ Government Agency
◦ Arbitration ◦ Model law
◦ Arbitration agreement ◦ Proceedings
◦ Authenticate ◦ Record
◦ Award ◦ Roster
◦ Confidential Information ◦ Special ADR rules
Arbitration
Agreement
 Counsel

Court

Government
Agency
Model Law
Proceedings Roster

Record Special ADR

Rules

Roster
INTERNATIONAL
COMMERCIAL
ARBITRATION
International Arbitration
◦ An arbitration where the parties to an arbitration agreement
have, at the time of the conclusion of that agreement, their
places of business in different states or one of the following
places situated outside the Philippines in which the parties
have their places of business
Terms to consider:
◦ Non-convention Award
◦ Non-convention State
◦ Appointing Authority
◦ Arbitral Tribunal
◦ Commercial Arbitration
◦ Convention Award
◦ Court
Domestic Arbitration

◦ Arbitration that is not

international
Terms to consider:
◦ Ad hoc Arbitration ◦ Institutional arbitration
◦ Appointing authority in Ad ◦ Request for Appointment
hoc Arbitration ◦ Representative
◦ Appointing Authority ◦ Respondent
Guidelines
◦ Written Communication
◦ Arbitral Tribunal
◦ Claimant
Form and Contents of Award
◦ In writing and signed by arbitrators
◦ Shall state the reasons upon which it is based
◦ Shall state the date and the place of arbitration
◦ After award is made, a copy signed by arbitrators shall be delivered to
each party
Termination of Proceedings
◦ The arbitral proceedings are terminated by the final award or by an order
of the arbitral tribunal
◦ On the other hand, the tribunal shall issue an order for the termination of
the arbitral proceedings when:
◦ The claimant withdraws his/her/its claims
◦ The parties agree to the termination of the proceedings
◦ The arbitral tribunal finds that the continuation of the proceedings has for
any other reasons become unnecessary or impossible