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ALTERNATIVE DISPUTE RESOLUTION C.

Judiciary Action
Gabriel T. Robeniol, ’15ed.
Chapter 1 In response to delay in delivery of justice, the
Judicial Branch required:
A. Definition
1. Conducting pre-trial conferences
Alternative Dispute Resolution (ADR) System 2. Utilization of different modes of
means any process or procedure used to resolve discovery
a dispute or controversy, other than by 3. Strict proscription against forum
adjudication of a presiding judge of a court or an shopping
officer of a government agency, as defined in this 4. Use of ADR through:
Act, in which a neutral third party participates to a. Philippine Mediation
assist in the resolution of issues, which includes Center, or
arbitration, mediation, conciliation, early neutral b. Judicial Dispute Resolution
evaluation, mini-trial, or any combination (JDR)
thereof. 5. Encouraging ADR methods:
a. Arbitration
B. History: b. Mediation
c. Negotiation
1. RA 386 - The Civil Code of the d. Conciliation
Philippines (1950)
a. Contains provisions on D. Legislative Action
compromises and arbitration
b. Encourages litigants to agree Special domestic legislations have been
upon a fair compromise and passed:
authorize arbitration as means
of concluding controversies 1. Labor Code of the Philippines (PD
2. RA 876 – The Arbitration Law (1953) No. 442, as amended)
a. Supplemented the provisions of a. Creation and constitution of
RA 386 on arbitration the National Labor Relations
3. Senate Resolution No. 71 (1965) Commission (NLRC) as the
a. Adherence to the United Arbitration Branch in cases
Nations “Convention on the involving unfair labor
Recognition and Enforcement of practice, termination of
Foreign Arbitral Awards” of 10 employment, conditions of
June 1958 employment, damages
b. Philippine law has arising from employer-
acknowledged international employee relationship and
arbitration as system of settling other labor-related
commercial disputes. disputes.
4. United Nations Commission on 2. Local Government Code of 1991 (RA
International Trade Law (UNCITRAL) 7160)
New York Convention of 21 June 1985 a. ADR in the barangay level
a. Adopted the Model Law on rooted from PD 1508
International Commercial “Establishing a System of
Arbitration Amicably Settling Disputes
b. Philippines committed to at the Barangay Level”
adhere to the “Model Law”
E. Executive Branch’s Contribution The UNCITRAL Model salient features:

The Executive Branch contributed in the 1. The RTC must refer to arbitration in
propagation of ADR: proper cases.
2. Foreign arbitral awards must be
1. Construction Industry Arbitration confirmed by the RTC.
Law (EO 1008) 3. The RTC has jurisdiction to review
a. Created the Construction foreign arbitral awards.
Industry Arbitration 4. Ground for judicial review different
Commission (CIAC) in domestic and foreign arbitral
i. ADR for awards.
construction a. Foreign Arbitral Awards –
agreements Must be confirmed by RTC
ii. Promulgated the b. Final Domestic Awards –
“Rules of Procedure Must be confirmed by RTC
Governing and may only be assailed
Construction before the RTC
Arbitration” 5. RTC decision of assailed foreign
iii. Passed and arbitral award appealable.
approved the “CIAC
Revised Rules of G. Lawyer’s Role
Procedure
Governing Lawyers, being an integral part of the judicial
Construction system and having excellent communication
Arbitration” skills, probity and legal foresight:
2. Office of the Solicitor General
a. Enacted the “Rules on 1. Can be the arbitrator, mediator,
Alternative Dispute conciliator or neutral arbitrator.
Resolution (ADR) for 2. Must exercise scope in authority.
Disputes Between National 3. Must perform functions in good
Government Agencies” faith with no other motive.
i. ADR in lieu of 4. Aim to speedy, inexpensive &
adversarial judicial amicable settlements of disputes
processes between and controversies.
national
government
agencies

F. The Alternative Dispute Resolution Act of


2004 (RA 9285)

It is the general law applicable to all forms of


ADR such as arbitration, mediation,
conciliation, early neutral evaluation, mini-
trial, or any combination thereof. It adopted
the UNCITRAL Model Law on International
Commercial Arbitration.