ALTERNATIV

E DISPUTE
RESOLUTIO
N
PCU-COLLEGE OF LAW
JO ANN SALVIA-LESIGUES
MARK RAINER Y. LOZARES

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ALTERNATIVE DISPUTE RESOLUTION

It is a wide variety of processes practices and techniques which fall
within the definition of "alternative dispute resolution." Arbitration and
mediation are the best known and most frequently used types of ADR, but
not only one. Mini trials, early neutral elevations, and summary jury trials are
less well known forms of ADR. Parties to ADR procedures generally agree that
a negotiated settlement is worth pursuing before investing time and money
in full blown civil litigation.
According to Atty. Henry Berin, the main purpose of ADR is to
decongest court dockets, that is why mediation, reconciliation, arbitration are
always on going in RTC, CA, SC. In the filed cases, the judge recommends
first to send it to mediation process, whereas the merits of the case is to
settle, then if not settled it must be return to be counseled. If it was settled,
finished and with signatures and will be submitted to the court. If the court
will return the case, the judge in the court in JDR will be conducted in
chamber and counsel both parties.
If failed to settle in JDR, inhibit and pre judging will be done and
transfer to other judge.
The advantage of ADR is to decongest the court's dockets known as
moto propulsion. Unfortunately, the disadvantage of ADR is the cases will
take longer for settlement and if there is no decision and appeal, it will
continue to not be settled.
Mediation is a rapidly growing ADR technique. It is consist of
assisted negotiations in which the disputants agree to enlist the help of a
neutral intermediary, whose job it is to facilitate a voluntary, mutually
acceptable settlement. A mediator's primary function is to identify issues,
explore possible basis for agreement, discuss the consequences of reaching
impasse, and encourage each party to accommodate the interest of other
parties through negotiation. However, while arbitrators, mediators lack the
power to improve a decision on the parties if they fail to reach an agreement
on their own.
Atty. Henry Berin also mentioned that the rules of court is to settle
amicably, but lawyers for ADR is a disadvantage of their income because of
no litigation process will happen. The payment will be more of to the
mediator, only half payment for the lawyers, but not all lawyers are
mediators, that are why lesser income for the lawyers will be.
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Arbitration is the process of referring a dispute to an impartial

intermediary chooses by the parties who agree in advance to abide by the
arbitrator's award that is issued after a hearing at which all parties have the
opportunity to be heard. Arbitration resembles traditional civil litigation is
that a neutral intermediary hears the disputants agreements and imposes a
final and binding decision that us enforceable by the courts. One difference is
that an arbitration the disputants elect to settle any future disputes by
arbitration before a dispute actually arises, whereas with civil litigation the
judicial system is generally chosen by a disgruntled party after a dispute has
neutralized. Another difference is that the disputants to arbitration select the
intermediary who will serve as arbitrator whereas parties to civil litigation
have little to no control over who will preside as the judge in judicial
proceedings.
It is hoped that parties to transactions would support the use of ADR
methods as an alternative to litigation and respect awards rendered by the
tribunals appointed by them instead of going to courts every time they
receive an unfavorable judgment. This way, the very purpose and objective
of ADR proceedings will be achieved. On the other hand, courts should be
true to their pronouncement that ADR methods are encouraged in this
jurisdiction by limiting court involvement in ADR proceedings. Courts must
always be reminded of the laws policy in favor of arbitration as well as the
role of ADR proceedings in order for them not to go beyond the authority
granted to them.

Interview with Attorney Henry F. Berin, March 26, 2015

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BERIN LAW OFFICE

2/F CM PLAZA BLDG., Don. P. Campos St,. Dasmarias City, Cavite
Tel. No. (046) 4161519

ATTORNEY-AT-LAW
Atty Henry Fermo Berin has his roots from Camarines Norte. He
graduated in Far Eastern University - Manila College of Law batch 1994. He is
a former accountant graduate with under board. His late mother was an
attorney so he follow her footsteps. He's been engage in private practice
since 1940 and now at present a Director of IBP Cavite Chapter.
COMPANY PROFILE
Berin Law office is engaged in general practice with its principal
business address located in Dasmarias City, Philippines. On the one hand,
we act as counsel to our clients in any proceeding; on the other, we also
work as a research and consulting company, purveying all sorts of
information and opinions on any question of law, politics and related
subjects. Our field of practice ranges from arbitration to litigation in the
regular courts and quasi-judicial bodies.
In the course of our litigation experience, we have been honed not only
in the theory of the law as taught in the rarified isolation of the law colleges
where monastic pursuit of reason and logic often divorces itself from reality
but, more importantly, we have been trained in the practice of the law, as
applied and tested in the crucible of advocacy.
We are professionals in terms of controversies and dealings with real
property and titling procedures and real property taxes.
In court litigation, we represent parties in controversies of a purely civil
nature, involving collection suits for sums of money, obligations and
contracts, persons and family relations, ownership of real and personal
properties, testate and intestate proceedings, citizenship and the like.

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We also handle judicial and extra-judicial foreclosure of chattel and real

estate mortgages, in which our clients are usually banks and financing
companies.
We have also defended clients in criminal cases but this field of
practice is only peripheral to the firms focus.
Our law office will advise you on the law, both in theory and in practice.
As Justice Holmes said: "The life of law has not been logic, it has been
experience."
VISION AND MISSION
Berin Law Office is founded by a common faith in God and His
goodness, and the faith of its members in one another to pursue a practice
of law that is Christ-centered and perpetually inspired by what is true, just
and fair.
Believing that it is enabled by the wisdom, experience and integrity of
its members and staff, the Firm endeavors to render services with utmost
dedication, honesty and competence, thus affirming, for God and country,
its modest contribution to regaining the nobility of the law profession and
the respect it deserves.
RESULTS ORIENTED PRACTICE
Berin Law Office emphasizes and clients rightfully expect good
results. To that end, our office combines innovative and pragmatic
strategies with hard work. Our office recognizes that its success depends on
close coordination with and the satisfaction of its clients. We regularly meet
with clients to set objectives, including developing budgets for attorney
time and major expense items. Our office initiates periodic reviews sessions
with clients to measure progress against objectives and to ensure that the
clients objectives and needs are being met. In the litigation area, our
office has and will continue to develop mutually beneficial alternatives to
the standard hourly rate system in consultation with clients.
Berin Law Office commitment to client service is based on developing
an intimate knowledge of each clients need and objectives. Our office
seeks long-term, partnering relationships with clients, to the end of
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providing the best total solution to the clients multi-disciplined and

industry-specific legal service needs. Our office goal is to be an
instrumental part of each clients success.
AREAS OF PRACTICE

Litigation and Dispute Resolution

Corporate
Tax and Real Estate Planning
Labor
Civil Cases
Criminal Cases

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