ALTERNATIVE DISPUTE RESOLUTION - Notes

Q: What are the other modes of solving disputes?

A:
1. Alternative Dispute Resolution (ADR)
a. Arbitration
i. Domestic Arbitration
ii. Construction Disputes
iii. International Commercial Arbitration
b. Mediation
c. Conciliation
d. Early Neutral Evaluation
e. Mini-trial
2. Court-Annexed Mediation
3. Appellate Court Mediation
4. Judicial Dispute Resolution
5. Katarungang Pambarangay Law
6. Small Claims Cases
7. Rules on Summary Procedure
Q: What is the State policy in alternative dispute
resolution?
A: The state policy in ADR is to actively promote
party autonomy in the resolution of disputes or
the freedom of the parties to make their own
arrangements in resolving their disputes.
Q: What is the Constitutional basis of alternative
dispute resolution?
A: The State shall promote the principle of shared
responsibility between workers and employers
and the preferential use of voluntary modes in
settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to
foster industrial peace. (Par. 2, Sec. 3, Art. XIII,
1987 Constitution)

A: It means any process or procedure used to

resolve a dispute or controversy, other than by
adjudication of a presiding judge of a court or an
officer of a government agency in which a neutral
third party participates to assist in the resolution
of issues, which includes arbitration, mediation,
conciliation, early neutral evaluation, mini-trial,
or any combination thereof. (Sec.3[a] of R.A. No.
9285)
Note: Its purposes are to:
1. Actively promote party autonomy in the
resolution of disputes or the freedom of the
parties to make their own arrangements to resolve
their disputes;
2. Achieve speedy and impartial justice; and
3. Unclog court dockets.

Q: Distinguish alternative dispute resolution

provider from an alternative dispute resolution
practitioner.
A: An ADR provider means institutions or
persons accredited as mediator, conciliator,
arbitrator, neutral evaluator, or any person
exercising similar functions in any ADR system.
An ADR practitioner refers to individuals acting
as mediator, conciliator, arbitrator or neutral
evaluator. (Sec.3[b] of R.A. No. 9285)

Q: What is the legal basis of alternative dispute

resolution?
A: The legal basis would be, the contracting
parties may establish such stipulations, clauses,
terms and conditions as they may deem
convenient, provided they are not contrary to law,
morals, good customs, public order, or public
policy. (Art. 1306, NCC)

COURT ANNEXED MEDIATION

Q: What is an alternative dispute resolution

system?

Purpose of CAM & JAR:

* 30 days to complete mediation but another 30day extension may be granted upon motion and
agreement of the parties.
* 30 Days start counting upon the first appearance
of the parties for the court mediation.

ALTERNATIVE DISPUTE RESOLUTION - Notes

The purposes of CAM and JDR is to put an end
to pending litigation through compromise
agreement of the parties and thereby help solve
the ever-pressing problem of court docket
congestion. It is also intended to empower the
parties to resolve their own disputes and give
practical effect to the State Policy expressly stated
in the ADR Act of 2004 (R.A. No. 9285)
Judicial Dispute Resolution
*Duration of proceedings:
1st level court - 30 days
2nd level court - 60 days (May be extended
upon the
discretion of the judge
depending on the chance of
settlement.)
*If JDR fails:
A. Single-sala court - Case will be given to
pairing judge, if
any, or to the
nearest court.
B. Multiple-sala court - Case will be raffled
off to another
court.
*Cases may be referred for JDR upon filing of the
parties of a written motion.
*General Rule: JDR and Trial judges are
normally separate persons; Exception: when there
is a joint motion of parties stating that the JDR
and the Trial Judge be one and the same.
*Duly authorized representatives need to present
a Special Power of Attorney (power to bargain,
negotiate, enter into a compromise agreement,
decide and settle)
*Decisions must state that it was attained through
a successful CAM/JDR.

*If party fails to attend JDR, without due cause,

he may be sanctioned by the judge as provided
for under Rule 18 of the Rules of Court.
If plaintiff fails to appear: dismissal of Case
If defendant fails to attend: Plaintiff will be
allowed to present evidence ex parte and case
shall be decided upon such evidence.
Contempt
Note: Court may impose sanction motu proprio or
upon motion (censure, reprimand, payment to
appearing party for costs)
* Representatives who appear in behalf of a party
without proper authority may also be sanctioned
by the court.
6
*+6JDR ++conferences should be set not more
than 2 weeks apart.