Answer the following :
1. Earlier means or methods for parties to amicably settle disputes outside of
court litigation found its basis from the Civil Code of the Philippines. Which
specific provisions in the Civil Code would apply to out of court settlement of
disputes? Summarize the provisions highlighting on significant aspects of such
process.
The Civil Code of the Philippines (RA386) contains provisions on
compromises and arbitrations (Chapter 1 and 2, Title XIV, Book IV)
which encourage litigants to agree upon a fair compromise and
authorize arbitration as a means of concluding controversies.
2. What is the lawyer’s role in Alternative Dispute Resolution (ADR)?
Lawyers are an integral part of the judicial system, they have to tow
the line and contribute to the promotion of alternative disoute
resolution. As duty to the court, they have to assist in encouraging the
parties to avail alternative dispute resolution. They have to explain to
their clients , the benefits of ADR. They have to exert efforts and
perform their functions in securing for the parties speedy’ inexpensive
and amicable settlement of their disputes and controversies.
3. Define ADR. What are its objectives?
Alternative Dispute Resolution is a system using means and methods allowed by
law and approved by the parties for the purpose of resolving or facilitating the
resolution of disputes and controversies between them, expeditious and speedy
manner, without resorting to court adjudication.
4. What are the principles of ADR? Explain each concisely.
a. Promotion of party autonomy and self-determination in the resolution of
disputes- Parties are given the freedom to choose the form of ADR they
desire to avail.
b. Recognition of ADR as an efficient tool and an alternative procedure for the
resolution of cases.-ADR merely provides and alternative in settling disputes
and does not go away with our court system.
c. Enlisting of private sector participation- Requires third parties in the
involvement in ADR.
5. What are the features of ADR? Explain each.
a. ADR is a means used to resolve a dispute or controversy. – ADR is used to
facilitate the resolution of a dispute in a speedy, amicable and inexpensive
manner.
b. ADR utilizes means and methods allowed by law- Takes the form of
arbitration, mediation, concillation, early neutral evaluation or mini trial or a
combination of such.
c. ADR is contractual in nature- The parties are given the freedom to agree to
resolve their disputes and decide the procedure thereof.
d. ADR avoids court trial- ADR is conducted outside of the Court system,
precisely to avoid trial.
6. What are the forms/types of ADR. Describe each briefly.
a. Arbitration- arrangement for taking and abiding by the judgement of
selected persons in some disputed manner, instead of carrying it to
established tribunals of justice, and is intended to avoid the formalities, the
delay , the expense and vexation of ordinary legislation.
b. Mediation- coluntary process in which a mediator, selected by the disputing
parties, facilitates communication and negotiation and assists the parties in
reaching a voluntary agreement regarding a dispute.
c. Conciliation- an adjustment and settlement of a dispute in a friendly,
antagonistic manner.
d. Neutral and early neutral evaluation- process wherein the parties and their
lawyers are brought together to present summaries of their cases and
receive a non-binding assessment by an experienced neutral person with
expertise in the subject or in the substance of the dispute.
e. Mini-trial- Structured dispute resolution method in which the merits of a
case are argued before a panel composed of senior decision makers with ot
without the presence of a neutral third person, after which the parties seek
a negotiated settlement.
f. Any combination of the foregoing- approved by the parties not contrary to
law, morals, good customs, public order and public policy may be
implemented.
g. Any other form (Inominate ADR Form)
7. What are the subject matters of ADR? Are there any exceptions? If so, what are
these?
All adversarial disputes and controversies can be the subject matter of ADR,
except those which by law or reasons of public policy are declared not capable of
being subjected to ADR. Under Section 6 (b) to (h) of R.A. No. 9285, the following
issues cannot be the subject matter of ADR: A. The civil status of persons – it is a
matter determined by law and is not subject to the discretion of the parties. B.
The validity of marriage or any ground for legal separation - these are matters
over which the State has a keen interest to protect. The distribution and
disposition of the assets of the conjugal partnership of gains or the absolute
community, custody of minor children subject to court approval, and support
pendent lite may, however, be the subject of ADR. C. The jurisdiction of the courts
– jurisdiction over the subject matter of a case is determined by law and is not
dependent upon the allegations of the parties. D. Future legitime – it is inexistent
and, hence, cannot be waived. E. Criminal liability – not susceptible of ADR,
although the civil liability arising from the offense and the separate civil liability
for quasi-delict based on the act or omissions constituting the offense are proper
subjects of ADR. F. Those which, by law, cannot be compromised
8. What are Concluding Acts or Agreements? How do these relate to the ADR
process?
ADR proceedings are completed upon the execution of a concluding act or
agreement; these may take the form of a mediated settlement arrangement or a
compromise agreement in the case of mediation, a judgment based on
compromise in the case of a court annexed mediation, or a waiver or quitclaim in
the case of conciliation. In the case of arbitration, they may take the forms of an
arbitral award, award on agreed terms, consent award or award based on
compromise. Concluding Acts or Agreements are not form of ADR. It constitutes a
part of the ADR proceeding that completes it.
9. Explain the principle of Preference for ADR.
The Principle of Preference for ADR refers to the clear preference for the use of
alternative dispute resolution methods over the court trial system. Article 2030 of
the Civil Code of the Philippines already instructs the courts to suspend the
proceedings if the possibility of settlement through the different modes of ADR is
present. even if a case is already pending in court, either party may, before or
during the pre-trial, file a motion for the court to refer the parties to ADR. And,
even after the pre-trial, the parties may jointly move for the suspension or
dismissal of the action to allow a compromise agreement.
10. What department/office in the Executive Branch implements the provisions of the
ADR Laws? What are its powers?
The Office for Alternative Dispute Resolution (OADR), which i attached to the
Department of Justice, was created under the ADR Act of 2004 to maximize the
benefits of ADR and to ensure the smooth and effective implementation of the
provisions of the ADR Act of 2004 and its IRR. It is headed by an Executive Director
appointed by the President upon the recommendation of the Secretary of Justice.
The powers and functions of the OADR are the following: (1) To promote, develop
and expand the use of ADR in the private and public sectors through information,
education and communication; (2) To assist the government to monitor, study and
evaluate the use by the public an private sectors of ADR, and recommend to
Congress needful statutory changes to develop, strengthen and improve ADR
practices in accordance with world standards; (3) To act as appointing authority of
mediators when the parties agrees in writing that it shall be empowered to do so;
and (4) To compile and publish a list or roster of ADR providers/practitioners, and
to compile a list of roster of foreign or international ADR providers/practitioners.
