REACTION PAPER

Lau

Alternative Dispute

Resolution
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In the declaration of policy of the Alternative Dispute Resolution Act of 2004

(Act No.9285), it was declared the policy of the State to promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and declog court dockets. After a reading of Imelda D. Gidors The
Lawyers Perspective on ADR in the Courts and its Implication on the Profession, it
became clear what the policy seeks to achieve. The text also gave a status of the
progress of ADR in the Philippine judicial system.
It mainly points out the correlation between the role of lawyers as agents of
the court and ADR as a tool to achieve speedy disposition of cases. In the sense
that, although lawyers must devote to defend the interest of their clients, they must
not forget that they are bound to exert every effort to assist in the speedy and efficient administration of justice.
It was a great text as an introduction to the subject of ADR, its roles in the judicial system, and its impact to the law profession and how it affects lawyer-client
relationship. It made me appreciate how ADRs implementation is aimed towards
peace, a settlement where neither party loses. The text also explained how efforts
were geared towards fulfilling the state policy preferential use of ADR in courts,
lawyers professional responsibility not to unduly delay a case, judges responsibility
to take advantage of pretrial conference to arrive at settlements, and the like.
Another point emphasised in the text is the shift in the mode of dispute resolution from adjudication to mediation, in the role of lawyers from combative counsel
to collaborator, and the re-orientation of views on dispute from adversarial system of
justice to a problem solving opportunity. It also explained the concept of interestbased analysis where lawyers refocus on the parties interests and not solely on
their rights, and how it will give the lawyer an array of choices and opportunities to
forge an amicable settlement. This shows that the involvement of lawyers, coming
up with strategies, impacts greatly on the promotion and success of ADR.
Finally, the text effectively illustrated how ADR benefits not only the client but
also the lawyer. The ADR as a tool, reinforces good lawyer-client relations by doing
away with long months or years of litigation, less opportunity cost, less litigation expenses, and faster case turnover. I understood how ADR changes litigation to a
simpler and open process with more opportunities for the parties to talk freely and
how it restores trust and relationships.
In conclusion, the text opened my mind to a new way to settle disputes, a
fresh perspective towards peace and justice, and gave me a picture of the future of
dispute resolution.