Chapter 10- Special Rules of Court on Alternative Dispute Resolution

I. Provisions Specific to Mediation (Rules 14 to 15, Special ADR Rules)

General Rule:

Whenever appropriate or are not inconsistent with the specific rules therefor, Rules of
Procedure for court proceedings relative to arbitration are also applicable to:

a. Mediation
b. Dispute subject to construction arbitration
c. Other forms of ADR if more akin to arbitration than mediation

A. Rules 14 to 15 of the Special ADR Rules

- Govern the situation where the parties to mediation entered into and executed written
mediated settlement agreements

a. Processes or proceeding regarding the mediated settlement agreements

- The parties may require any of the following:
1. Deposit of mediated settlement agreements; and
2. Enforcement of the mediated settlement agreements

b. Do not cover:
- Mediated settlement agreements or compromise agreements arrived at in court-
annexed mediation

Court-annexed mediation
o The agreement is subject to the approval of the court and is made part of the
judgment based on compromise

Deposit of Mediated Settlement Agreements

(Rule 15.1 to 15.4, Special ADR Rules)

- To be enforceable by judicial action

- Jointly or by one of the parties with notice to the other
- With the:
a. Clerk of Court of the Regional Trial Court
where the principal place of business in the Philippines of any of the
parties is located
b. If any of the party is individual
Where any of the individual resides
c. Or, in the National Capital Judicial Region
- Registry Book
o Kept by the Clerk of Court of every RTC
 o List or enrol chronologically all the mediated settlement agreements or
settlement awards
o Including: names and addresses of the parties; dates of enrolment of the
agreements
- Certificate of Deposit
o Issued by the Clerk of Court to the party making the deposit

Enforcement of Mediated Settlement Agreements

(Rule 15.5 to 15.8, Special ADR Rules)

- Verified petition filed with the court where the agreement was deposited
- By any of the parties
- Upon breach thereof
- If has not yet been deposited: petitioner has to deposit first before filing the petition in
court
- The verified petition shall
a. Name & designate as petitioner and respondent all parties to the mediated
settlement agreement and those who may be affected by it
b. The addresses of the petitioner and the respondents, and the ultimate facts that
would show that the adverse party has defaulted in the performance of his
obligations
- Petition shall contain an authentic copy of the mediated settlement agreement and the
certificate of deposit
- Adverse party
o May file an opposition to the petition within fifteen (15) days from receipt of
notice or the service of the petition
- Court shall
o conduct a summary hearing to determine whether or not the mediated
settlement agreement is valid and the respondent has breached the agreement
in whole or in part
o render judgment accordingly by either enforcing the agreement or dismissing
the petition

II. Provisions Specific to Other Forms of ADR (Rule 18.1 to 18.5, Special ADR Rules)
A. Rule 18 applies to early neutral evaluation, mini trial, mediation-arbitration, or any
combination of ADR forms, or any other ADR form

General Rule:

Rule of Procedure: those agreed upon by the parties

Absence of agreement

- Specific rules on these forms of ADR

- In default: the rules on mediation shall suppletorily apply to the forms of ADR which are
more akin to mediation than arbitration, and the rules on arbitration for those which
are more akin to arbitration than medication
- Thus, where
o Neutral third party
Merely assists the parties in reaching a voluntary agreement; ADR form
is akin to mediation: rules on mediation will have suppletory application
Given the power to render a binding resolution of the dispute; ADR
form is akin to arbitration: rules on arbitration will have suppletory
application