Alternative Dispute Resolution (ADR) Reviewer Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) Reviewer Alternative Dispute Resolution
Lawyer’s Role
1. As integral part of the judicial sytem - contribute to the promotion
of ADR
2. As part of their duties to the court - assist in encouraging the
parties to avail ADR
3. As part of their duties to their clients - explain the benefits of ADR
to them
4. Play the role of ADR provider or practioner
What is ADR?
A system, using means and methods allowed by law and approved by
the parties, for the purpose of resolving or facilitating the resolution
of disputes and controversies between them, in an expeditious and
speedy manner, without resorting to court adjudication.
Principles of ADR
Features of ADR
1. a means used to resolve a dispute or controversy
2. utilizes means and methods allowed by law
3. contractual in nature
4. avoids court trial
5. usually involves the participation of a neutral third party
Sources of ADR
1. Domestic laws and rules
2. Acts of the executive branch
3. Decisions of the supreme court
4. International laws
5. General Principles of law and equity
Forms of ADR
1. Arbitration
2. Mediation
3. Conciliation
4. Neutral and Early Neutral Evaluation
5. Mini-trial
6. Combination
7. Innominate ADR Form
Classification of Forms of ADR
Classificatio
n
1. contending parties
2. dispute or controversy
3. form of adr
4. adr provider or practitioner
exception:
1. civil status of a person
2. validity of marriage
3. jurisdiction of courts
4. future legitime
5. criminal liability
6. those which by law, cannot be compromised
What is Mediation?
A voluntaru 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
Exlusions:
1. court-annexed mediation : conducted under the auspices of the
court
2. court-referred mediation : mediation ordered by a court to be
conducted in accordance with the agreement of the parties when
an action is prematurely commenced in violation of such
agreement
3. conciliation conducted by the Pangkat ng Tagapagsundo
4. judicial dispute resolution : conducted by the judge of a pending
case after a failed CAM
Classification of Mediation
1. Non-evidentiary / Non-merit based
2. Institutional or ad hoc
Place of Mediation
GR: parties’ agreement
Default: any place convenient and appropriate to all parties
**shall be held in private unless consented not
Stages in Mediation
1. Opening statement of the mediator
2. Individual narration by the parties
3. Exchange by the parties
4. Summary of issues
5. Generalization and evaluation of options
6. Closure
**not obligatory
Conclusion of Mediation
1. by execution of MSA
2. by the withdrawal of any party from mediation
3. by the written declaration of the mediator that any effort would
not be helpful
Advantages of Mediation
1. Confidentiality
2. Prompt, economical and amicable resolution
3. decision-making authority rests with the parties
Mediator
Selected by the parties
May withdraw or may be compelled to withdraw when:
1. requested by the party/ies
2. does not have the qualifications
3. impartiality is in question
4. continuation of process will evaluate ethical standards
5. safety of any one of the parties will be jeopardized
6. inability to provideeffective services
7. conflict of interest
8. others - provided by IRR
What is Arbitration?
a voluntary dispute resolution proces in which one or more
arbitrators, appointed in accordance with the agreement of the parties
or rules promulgated pursuant to ADR Act, resolve a dispute by
rendering an award
Arbitration vs Mediation
Arbitration Mediation
Kinds of Arbitration
1. Compulsary - the process of settlement of labor disputes by a
government agency which has the authority to investigate and to
make an award which is binding on all parties, and as a mode of
arbitration where the parties are compelled to accept the
resolution of their dispute through arbitration by a third party
Classification of Arbitration
1. Domestic - the components of parties’ places of business , place
of arbitration… are all located in the Phils
2. International
a. parties’ places of business is in different states
b. place of arb (AA), is outside the Phils
c. place where substantial part of the oblig is to be performed is
outside Ph
d. parties expressly agreed that the subj matter of AA relates to more
than 1 country
1. Foreign - arb is conducted outside the Phils
2. Commercial - covers matters arising from all relationships of a
commercial nature, whether contractual or not
Formal Requirement
1. in writing
2. subscribed by the parties or their reps
International
1. parties’ places of business - in different states
2. place of arb (AA)- outside Phils
3. place of substantial part of the oblig - outside Phils
4. parties expressly agreed - SM of the arb - relates to more than
one country
Commercial
1. covers matters arising from all relationships of a commercial
nature (contractual or not)
Place/Venue
GR: agreement
Default: Metro Manila