Reporting in Dispute

R.A.
9285
“ALTERNATIVE DISPUTE RESOLUTION
ACT OF 2004” AND OTHER
APPLICABLE POLICES
Lesson Targets:
1. Interpret the salient provision of RA 9285
2. Classify the different provision of RA 9285
CHAPTER 1 – GENERAL PROVISION
CHAPTER 1 - GENERAL PROVISIONS
 SECTION 1. Title. - This act shall be known as the "Alternative Dispute Resolution Act of
2004."
 SEC. 3. Definition of Terms. - For purposes of this Act, the term:

 (a) "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.
 Common ADR processes:
*Mediation *Conciliation
*Arbitration *Mini Trial
*Neutral Evaluation
 (b) "ADR Provider" means institutions or persons accredited as mediator, conciliator,

arbitrator, neutral evaluator, or any person exercising similar functions in any Alternative
Dispute Resolution system.
 Who can be an ADR Provider? *An ADR Provider may be an employee of the court or an
independent contractor
 (c) "Authenticate" means to sign, execute or adopt a symbol, or encrypt a record in whole or
in part, intended to identity the authenticating party and to adopt, accept or establish the
authenticity of a record or term.
 (d) "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;
 (e) “Arbitrator” means the person appointed to render an award, alone or with others, in a
dispute that is the subject of an arbitration agreement;
 (f) “Award” means any partial or final decision by an arbitrator in resolving the issue in a
controversy;
 (g) “Commercial Arbitration” – An arbitration is “commercial” if it covers matter arising
from all relationships of a commercial nature, whether contractual or not;
 (h) “Confidential information” means any information, relative to the subject of mediation or
arbitration, expressly intended by the source not to be disclosed, or obtained under
circumstances that would create a reasonable expectation on behalf of the source that the
information shall not be disclosed.
 It shall include (1) communication, oral or written, made in a dispute resolution proceedings,
including any memoranda, notes or work product of the neutral party or non-party participant,
as defined in this Act; (2) an oral or written statement made or which occurs during mediation
or for purposes of considering, conducting, participating, initiating, continuing of reconvening
mediation or retaining a mediator; and (3) pleadings, motions, manifestations, witness
statements, reports filed or submitted in an arbitration or for expert evaluation;
 (i) CONVENTION AWARD -Means foreign arbitral award made in conventional state.
 (j) CONVENTION STATE - Means a state that is a member of New York convention.
 (k) COURT - As to referred in article 6 of the model law shall mean a regional trial court.
 (I) COURT-ANNEXED MEDIATION - Means any mediation process conducted under the
auspices of the court, after such court has acquired jurisdiction of dispute.
 Sec 4. Electronic Signatures in Global and E-Commerce Act - The provisions of the
electronic signatures in global and E-commerce act . and its implementing rules and regulations
shall apply to proceeding contemplated in this act.
 Sec 5. Liability of ADR Provider and Practitioner - The ADR providers and practitioners
shall have the same civil liability for the act done in the performance of then duties as that a
public officers as provided in section 38 (1) Chapter 9 Block of the Administrative code of
1987.
 Sec 6. Exception to the Application of this ACT - The provisions of this act shall not apply to
resolution or settlement of the following. (a) labor disputes covered by presidential decree No.
442, Otherwise known as a labor code of the Philippines. as amended and its implementing
rules and regulations (b) the civil status of a person, (c) the validity of a marriage, any ground
for legal separation, the jurisdiction of court , future legitimate, criminal liability and those
which by law cannot be compromised.
CHAPTER 2 –
MEDIATION
CHAPTER 2 - MEDIATION
 SEC 8. Application and Interpretation - In applying construing the provisions of this

chapter, consideration must be given to the need to promote candor or parties and mediators
through confidentiality of the mediation process, the policy of fostering prompt, economical,
and amicable resolution of disputes in accordance with the principles of integrity of
determination by the parties, and the policy that the decision-making authority in the mediation
process rests with the parties.
 SEC 9. Confidentiality of information - Information obtained through mediation proceedings
shall be subject to the following:
 (a) Information obtained through mediation shall be privileged and confidential.
 (b) A party, a mediator, or a nonparty participant may refuse to disclose and may prevent any
other person from disclosing a mediation communication.
 (c) Confidential information shall not be subject to discovery and shall be inadmissible if any
adversarial proceeding, whether judicial or quasi- judicial, However , evidence or information
that otherwise admissible or subject to discovery does not become inadmissible or protected
from discovery solely by reason of its use in mediation.
 (b) In such an adversarial proceeding, the following persons involved or previously involved in
a mediation may not be compelled to disclose confidential information obtained during
mediation: (1) the parties to dispute; (2) the mediator or mediators; (3) the counsel for the
parties; (4) the nonparty participants; (5) any person hired or engaged in connection with the
mediation as secretary, stenographer, clerk or assistant; and (6) any other person who obtains or
possesses confidential information by reason of his/her profession.
 (e) The protection of this Act shall continue to apply even of a mediator is found to have failed
to act impartially.
 (f) a mediator may not be called to testify to provide information gathered in mediation. A
mediator who is wrongfully subpoenaed shall be reimbursed the full cost of his attorney’s fees
and related expenses.
 Sec. 14. Participation in Mediation – Except as otherwise provided in this Act, a party may
designate a lawyer or any other person to provide assistance in the mediation. A lawyer of this
right shall be made in writing by the party waiving it. A waiver of participation or legal
representation may be rescinded at any time.
 Sec. 15. Place of Mediation - The parties are free to agree on the place of Mediation.
 Sec. 16. Effects of Agreement to Submit Dispute to Mediation Under Institutional Rule.
An agreement to submit a dispute to Mediation by any institution shall include an agreement to
be bound by the internal mediation and administrative policies of such institution.
CHAPTER 3 – OTHER ADR FORMS
CHAPTER 3 – OTHER ADR FORMS
 Sec.18. Referral of Dispute to other ADR Forms - The parties may agree to refer one or
more or all issues arising in a dispute or during its pendency to other forms of ADR such as but
not limited to (a) the evaluation of a third person or (b) a mini-trial, (c) mediation -arbitration,
or a combination thereof.
CHAPTER 5 – DOMESTIC ARBITRATION
CHAPTER 5 – DOMESTIC ARBITRATION
 SEC. 32. Law Governing Domestic Arbitration. Stated here the Domestic arbitration shall
continue to be governed by Republic Act No. 876, otherwise known as "The Arbitration Law"
as amended by this Chapter. The term "domestic arbitration" as used herein shall mean an
arbitration that is not international as defined in Article (3) of the Model Law.
 SEC. 33. Applicability to Domestic Arbitration. - Article 8, 10, 11, 12, 13, 14, 18 and 19 and
29 to 32 of the Model Law and Section 22 to 31 of the preceding Chapter 4 shall apply to
domestic arbitration.
CHAPTER 8 – MISCELLANEOUS PROVISION
 SEC. 49. Office for Alternative Dispute Resolution. -There is hereby established the Office
for Alternative Dispute Resolution as an attached agency to the Department of Justice (DOJ)
which shall have a Secretariat to be headed by an executive director. The executive director
shall be appointed by the President of the Philippines.
 The objective of the office is: (a) to promote, develop and expand the use of ADR in the private
and public sectors
 SEC. 50. Powers and Function of the Office for Alternative Dispute Resolution. – The
Office Alternative Dispute Resolution shall have the following powers and functions:
(a) To formulate standards for the training of the ADR practitioners and service
providers;
(b) To certify that such ADR practitioners and ADR service providers have
undergone the professional training provided by the office;
(c) To coordinate the development, implementation, monitoring, and evaluation of
government ADR programs;
(d) To charge fees for their services; and
(e) To perform such acts as may be necessary to carry into effect the provisions of this
Act.
 SEC. 53. Applicability of the Katarungan Pambarangay – This Act shall not be interpreted
to repeal, amend or modify the jurisdiction of the Katarungan Pambarangay under Republic
Act No. 7160, otherwise known as the Local Government Code of 1991.
Republic Act No. 9285
END

Reporting in Dispute

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R.A.

 SEC. 3. Definition of Terms. - For purposes of this Act, the term:

 (b) "ADR Provider" means institutions or persons accredited as mediator, conciliator,

 SEC 8. Application and Interpretation - In applying construing the provisions of this

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