Alternative Dispute Resolution under RA 9285

1. Nature and concept of ADR

Promote party autonomy in the resolution of disputes
Gives freedom to parties to enter into their own arrangement
Achieve speedy and impartial justice
Declog court dockets
Efficient tool and an alternative procedure for dispute resolution
Cost effective
Lawyers are not prohibited in the proceedings
Lawyers are allowed to attend mediation and their role is that as an
adviser, consultant, of free legal aid councilor for indigent litigants
particularly in the drafting of the compromise agreement or they can be
mediators themselves. [AM No. 04-3-05] and Bar Matter 2012

Personal appearance of the parties required

Mediation is the wave of the future
Case: Frabelle Fishing Corp. v. PhilAm Properties Gr. No. 158580,
August 17, 2007

The gateway of Filipino Lawyers into international/legal practice

Arbitration Clause
o Lecomcen Incorporated vs. Foundation Specialist Inc. Gr.
167022/169678, August 31, 2007 [Jurisdiction of CIAC]
o Metro Construction Inc. vs. Catham Properties Inc. Gr. No. 141897,
September 24, 2001 [Appeal of CIAC decision to CA under Rule 43]
o Magellan Capital Management Corporation v. Rolando Ms. Zosa and
Hon. Jose P. Soberano in his capacity as presiding judge, GR. NO.
129916, March 26, 2001 [Arbitration Clause]

Philippine Economic Zone Authority v. Edison Cogeneration Corporation, G.R.

No. 179537, Ocotber 23, 2009 [Separability Doctrine]

2. Means to settle dispute

Arbitration
a. International Commercial Arbitration
b. Domestic Arbitration
c. Arbitration of Construction Disputes

Mediation
Conciliation
Evaluation of Third Person
Mini Trial


3.

Mediation Arbitration or combination thereof

Parties cognizable
Complaint respondent
ADR provider and practitioner
Liabilities of parties
Parties to Arbitration: Del Monte USA v. Court of Appeals, February 27, 2001

4. Jurisdiction
Mediatable cases
Coverage
5. Arbitral Award
Judicial Review of Arbitral Award
Court Annex Mediation (CAM)

Part of the pre-trail conference and is mandatory

Form of ADR
Coverage:
a. All civil cases
b. Settlement of estate
c. Cases cognizable by Lupong Tagapamayapa
d. Cases covered by the Rule on Summary Procedure
e. Civil aspect of imprudence and negligence under Title 14 of the
Revised Penal Code
f. Family law issues such as support, custody, validation, guardianship of
minors and property matters
g. In criminal cases, the civil aspect or claim for damages for violation of
BP 22, libel and estafa

Not Covered:
a. Acts of violence against women and their children
b. Criminal violation of tax laws
c. Civil forfeiture under the Anti Money laundering, cannot be referred to
mediation
d. Civil status of persons
e. Validity of marriage
f. Legal separation (counseling is more appropriate)
g. Ground for legal separation
h. Future support
i. Legitimacy
j. Jurisdiction of Courts

Techniques utilized in Court Annex Mediation

a. Conciliation
b. Arbitration
c. Early Neutral Evaluation
d. Judicial Dispute Resolution
e. Early Neutral Evaluation
f. Mini Trial
g. Mobile Court Annex mediation inside the enhanced justice on wheels
buses that go where there are mediation centers

Other forms of ADR which are already components of our judicial system
a. Enhanced pre-trial
b. Application of discovery modes (A.M No. 03-01-09, August 14, 2004)
c. Rule on Summary Procedure
d. Diversion of children in conflict with the law (RA 9344) SC Rules on
Juveniles in Conflict with the law
e. The requirements of earnest family efforts towards compromise
f. Barangay Certification to file action
g. Night courts
h. Procedure in small claim cases

Basic

Procedure
Mediator trained and accredited mediator of the Philippine Mediation Center
Mediation is conducted for 30 days
If the mediation ends in settlement, either a compromise agreement, a joint
motion to dismiss the case by the parties or a manifestation of the plaintiff
that the civil claim has been satisfied is submitted to the court for approval.
A compromise agreement is the law between the parties and such is binding
on them, they are expected to abide by it in good faith.

If mediation fails, the case is returned to the court with dispatch

Judges conducts judicial dispute resolution first
If still unsuccessful, then the case is set for enhanced pre-trial conference and
thereafter for trial by, for neutrality, a trial judge who usually has no
knowledge of what happened in the mediation.