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CHAPTER 2

FUNDAMENTALS OF ALTERNATIVE DISPUTE


RESOLUTION
*SOURCE: ALTERNATIVE DISPUTE RESOLUTION BY JUSTICE GABRIEL T. ROBENIOL

TOPICS PRINCIPLES OF ADR

 ADR meaning
1. Promotion of party autonomy and self-
 State pol icy on ADR
 Principles of ADR determination
 Objectives and Benefits of ADR 2. Recognition of ADR as an efficient tool and an
 Features of ADR alternative procedure for the resolution of cases
 Sources of ADR 3. Enlisting of private sector participation
 Forms of ADR
 Cl assification of Forms of ADR
 Components of ADR
OBJECTIVES AND BENEFITS OF ADR
 Subject M atters of ADR
 Seat and Venue of ADR 1. Speedy and Impartial Justice
 Basic Concepts 2. Declogging of court dockets
 OADR
FEATURES OF ADR

ALTERNATIVE DISPUTE RESOLUTION 1. ADR is a means used to resolve a dispute


or controversy
 System, using means and methods allowed by 2. ADR utilizes means and methods allowed
law and approved by the parties, for the purpose by law
of resolving and facilitating the resolution of 3. ADR is contractual in nature
disputes and controversies between them, in an 4. ADR avoids court trial
expeditious and speedy manner, without 5. ADR usually involves the participation of
resorting to court adjudication. a neutral third party
 ADR Act of 2004: “any process or procedure
used to resolve a dispute or controversy, other SOURCES OF ADR
than by adjudication of a presiding judge of a
court or an officer of a government agency xxx in 1. Domestic laws and rules
which a neutral third party participates to assist 2. Acts of the Executive Branch
in resolution of issues xxx.” 3. Decisions of the Supreme Court
 ADR proceedings in quasi-judicial agencies 4. International laws
exercising quasi-judicial power are also 5. General principles of law and equity
considered ADR. However, they are not governed
by ADR Act of 2004 but by other laws and rules FORMS OF ADR
governing their procedures
1. Arbitration
 Arrangement for taking and
STATE POLICY ON ADR
abiding by the judgment of
 To actively promote party autonomy in the selected persons in some
resolution of disputes disputed manner, instead of
 State shall encourage and actively promote the carrying it to established
use of ADR to achieve speedy and impartial tribunals of justice, and is
justice and declog court dockets intended to avoid the formalities,
 State shall provide means for the use of ADR as delay, expenses, and vexation of
an efficient tool and an alternative procedure for ordinary litigation.
the resolution of appropriate cases  Arbitral Award
2. Mediation
 Voluntary process in which a
mediator, selected by the
P age 1 of 3
BUGTAS, MIRHAN, RESURRECCION, QUINTOS
ALDR SUMMER CLASS T/F 5:30-8:30; Atty. David Balle ste ros
CHAPTER 2 – Fundamentals of ADR

disputing parties, facilitates 7. As to the permanence of ADR provider or


communication and negotiation, practitioner
and assists the parties in  Ad hoc
reaching a voluntary agreement  Institutional
regarding a dispute.
 Mediated settlement agreement COMPONENTS OF ADR
3. Conciliation
 Adjustment and settlement of a 1. Contending Parties
dispute in a friendly and 2. Dispute or Controversy
unantagonistic manner. 3. Form of ADR
4. Neutral and early neutral evaluation 4. ADR Provider or Practitioner
 Parties and their lawyers are  ADR Provider – institution or person
brought together to present accredited as mediator, conciliator,
summaries of their cases and arbitrator, neutral party evaluator, or
receive a non-binding any person exercising similar functions
assessment by an experienced in any ADR system.
neutral person with expertise in  ADR Practitioner – individual acting as
the subject or in the substance of mediator conciliator, arbitrator, neutral
a dispute. party evaluator who is not necessarily
 Early neutral evaluation is accredited as an ADR provider.
availed of early in the pre -trial
SUBJECT MATTERS OF ADR
phase.
5. Mini-trial  In GR: All adversarial disputes and
 Structured dispute resolution controversies can be the subject matter
method in which the merits of a of ADR
case are argued before a panel  EXC: Those which by law or public policy
composed of senior decision are not capable of being subjected to ADR
makers, with or without the *Section 6(b) to (h), R.A. 9285:
presence of a neutral third 1. Civil status of persons
person, after which the parties 2. Validity of marriage or
seek a negotiated settlement. any ground for legal
6. Any combination of the foregoing separation
7. Any other ADR form (Innominate ADR 3. Jurisdiction of courts
form)
4. Future legitime
CLASSIFICATION OF FORMS OF ADR 5. Criminal liability
6. I general, those which by
1. As to the number of parties law cannot be
- Bilateral/Bi-party
- Multilateral/Multi-party SEAT AND VENUE OF ADR
2. As to the number of issues involved
- Simple compromised (Art 2035,
- Complex NC)
3. As to the extent of the conclusion  SEAT of ADR – jurisdiction under whose law the
- Complete proceeding is being conducted
- Partial  VENUE/PLACE of ADR – actual site where
4. As to the role of evidence in the proceedings arbitration is conducted
- Evidentiary/Merit-based
- Non-evidentiary/non-merit-based BASIC CONCEPTS OF ADR
5. As to the pendency of a court case
- Case-related  CONCLUDING ACTS OR AGREEMENTS
- Independent 1. Arbitral Award
6. As to the applicable law  Partial or final decision by an arbitrator
- Domestic in resolving the issue in a controversy
- International 2. Mediated Settlement Agreement
- Foreign  Contract executed by the mediating
parties, with the assistance of their
Pa ge 2 of 3
BUGTAS, MIRHAN, RESURRECCION, QUINTOS
ALDR SUMMER CLASS T/F 5:30-8:30; Atty. David Balle ste ros
CHAPTER 2 – Fundamentals of ADR

respective counsel, certified by the


mediator, evidencing a successful
mediation
3. Compromise/Compromise Agreement
 Parties make reciprocal concessions,
avoid litigation, or put an end to one
already existing
4. Waiver/Quitclaim
 Statement renouncing any right or claim
involved in a controversy by one party in
favor of the other.

 PETITION FOR REVIEW UNDER SECTION


43 OF THE 1997 RULES OF CIVIL
PROCEDURE – Remedy for the review of
decisions and awards of ADR providers and
practitioners

OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION

 (oadrto maximize the benefits


Created in order
of ADR and to ensure the smooth and
effective implementation of the ADR Act
of 2004 and its IRR, as well as RA 876.
 Headed by the Executive Director
appointed by the President, upon
recommendation of the Secretary of
Justice.
 PRINCIPAL OBJECTIVES, POW ERS,
AND FUNCTIONS:
o To promote, develop, and expand
the use of ADR in the private and
public sectors through
information, education, and
communication;
o To assist the government to
monitor, study, evaluate the use
by the public and private sectors
of ADR, and recommend to
Congress needful statutory
changes to develop, strengthen,
and improve ADR practices in
accordance with world
standards;
o To act as appointing authority of
mediators when the parties agree
in writing that it shall be
empowered to do so; and
o To compile and publish a list or
roster of ADR
providers/practitioners, and to
compile a list or roster of foreign
or international ADR
providers/practitioners.

Pa ge 3 of 3
BUGTAS, MIRHAN, RESURRECCION, QUINTOS
ALDR SUMMER CLASS T/F 5:30-8:30; Atty. David Balle ste ros