RA 9289
RA 9289
Alternative Dispute Resolution Act of 2004
Policy of the State regarding Alternative
Dispute Resolution (ADR)
Policy of the State regarding Alternative
Dispute Resolution (ADR)
It is hereby declared the policy of the State to actively promote party autonomy in
the resolution of disputes or the freedom of the party to make their own
arrangements to resolve their disputes. Towards this end, the State shall encourage
and actively promote the use of Alternative Dispute Resolution (ADR) as an
important means to achieve speedy and impartial justice and declog court dockets.
As such, the State shall provide means for the use of ADR as an efficient tool and an
alternative procedure for the resolution of appropriate cases. Likewise, the State
shall enlist active private sector participation in the settlement of disputes through
ADR.
This Act shall be without prejudice to the adoption by the Supreme Court of any
ADR system, such as mediation, conciliation, arbitration, or any combination
thereof as a means of achieving speedy and efficient means of resolving cases
pending before all courts in the Philippines which shall be governed by such rules
as the Supreme Court may approve from time to time.
Alternative Dispute Resolution System 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.
Arbitration means a voluntary dispute resolution process in which one or more
arbitrators, appointed in accordance with the agreement of the parties, or rules
promulgated, resolve a dispute by rendering an award.
Arbitration means a voluntary dispute resolution process in which one or more
arbitrators, appointed in accordance with the agreement of the parties, or rules
promulgated, resolve a dispute by rendering an award.
Award means any partial or final decision by an arbitrator in resolving the issue or
controversy.
Arbitrator means the person appointed to render an award, alone or with others,
in a dispute that is the subject of an arbitration agreement.
Early Neutral Evaluation
Early Neutral Evaluation
Means an ADR process wherein parties and their lawyers are brought
together early in a pre-trial phase to present summaries of their cases
and receive a nonbiding assessment by an experienced, neutral
person, with expertise in the subject in the substance of the dispute.
Mediation
Mediation
A voluntary 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.
Mediator
Mediator
Any person who conducts mediation
Mediation Party
Mediation Party
A person who participates in a mediation and whose consent
is necessary to resolve the dispute.
Mediation-Arbitration
Mediation-Arbitration
Or Med-Arb is a step dispute resolution process involving
both mediation and arbitration
Mini-trial
Mini-trial
A structured dispute resolution method in which the merits of a case
are argued before a penal comprising senior decision makers with or
without the presence of a neutral third person after which the parties
seek a negotiated settlement
Arbitration is a process where the parties submit their case to a neutral
third party who on the basis of discussion determine the dispute and
comes to a solution.
Arbitration is a process where the parties submit their case to a neutral
third party who on the basis of discussion determine the dispute and
comes to a solution.
Mediation and conciliation both are informal process. Whereas, arbitration is more
formal as compared to them. In mediation, the mediator generally sets out
alternatives for the parties to reach out an agreement. The main advantage of
mediation is that the settlement is made by the parties themselves rather than a
third party. It is not legally binding on the parties. In addition, the basic motive of
mediation is to proved opportunities to parties to negotiate and come to a final
solution catering the needs of both sides.
Arbitration is a process where the parties submit their case to a neutral
third party who on the basis of discussion determine the dispute and
comes to a solution.
Mediation and conciliation both are informal process. Whereas, arbitration is more
formal as compared to them. In mediation, the mediator generally sets out
alternatives for the parties to reach out an agreement. The main advantage of
mediation is that the settlement is made by the parties themselves rather than a
third party. It is not legally binding on the parties. In addition, the basic motive of
mediation is to proved opportunities to parties to negotiate and come to a final
solution catering the needs of both sides.
Dispute resolution through conciliation involves the assistance
of a neutral third party who plays an advisory role in reaching
an agreement.
ADR Provider
ADR Provider
Institutions or persons accredited as mediator, conciliator, arbitrator, neutral
evaluator, or any person exercising similar functions in any Alternative Dispute
Resolution System. This is without prejudice to the rights of the parties to
choose nonaccredited individuals to act as mediator, conciliator, arbitrator, or
neutral evaluator of their dispute.
Liability of ADR Providers
Liability of ADR Providers
Have the same civil liability for acts done in the performance of their
official duties as that of public officers , upon a clear showing of bad
faith, malice or gross negligence.
ADR does not apply
ADR does not apply
a. Labor disputes covered by PD 442, Labor Code of the
Philippines, as amended and its IRR
b. The Civil Status of Persons
c. The validity of a marriage
d. Any ground for legal separation
e. The jurisdiction of courts
f. Future legitime
g. Criminal Liability
h. Those which by law cannot be compromised
i. Those disputes referred to court-annexed mediation
Selection of a Mediator
Selection of a Mediator
The parties have the freedom to select a mediator. The parties may request the Office
for Alternative Dispute Resolution to provide them list or roster or the resumes of its
certified mediators.
Selection of a Mediator
As a Rule, ADR act does not require that a mediator shall have special qualifications by
background or profession unless the special qualifications of a mediator are required in
the mediation agreement or by the mediation parties.
Selection of a Mediator
Except as otherwise provided in RA 9285, a party may designate a lawyer or
any other person to provide assistance in the mediation. A lawyer of this right
shall be made in writing by the party waiving it. A waiver of participation or
legal representation may be rescinded any time.
Grounds wherein a Mediator may refuse or withdraw
Grounds wherein a Mediator may refuse or withdraw
a. If any of the parties so requests the mediator to withdraw
b. The mediator does not have the qualifications, training and experience to enable him to
meet the reasonable expectations of the parties
c. Where the mediator’s impartiality is in question
d. If continuation of the process would violated any ethical standards
e. If the safety of any of the parties would be jeopardized
f. If the mediator is unable to provide effective services
g. In case of conflict of interest
h. One or more of the parties is not acting in good faith
i. The parties’ agreement would be illegal or involve the commission of a crime
j. Continuing the dispute resolution would give rise to an appearance of impropriety
k. Continuing with the process would cause significant harm to a non-participating person or
to the public
l. Continuing discussion would not be in the best interest of the parties, their minor children
or the dispute resolution process
Role of Parties and their counsels in Mediation
Role of Parties and their counsels in Mediation
A party may designate a lawyer or any other person to provide assistance in the
mediation. A waiver of this right shall be made by the party waiving it. A waiver of
participation or legal representation may be rescinded at any time.
Enforcement of Mediated Settlement
Agreement
Enforcement of Mediated Settlement
Agreement
A settlement agreement following successful mediation shall be prepared by the
parties with the assistance of their respective counsels. If any, and by the mediator. The
parties and their respective counsels shall endeavor to make the terms and condition
of the settlement agreement complete and to make adequate provision for the
contingency of breach to avoid conflicting interpretations of the agreement
Enforcement of Mediated
Settlement Agreement
Enforcement of Mediated
Settlement Agreement
The parties and their respective counsels, if any, shall sign the settlement agreement.
The mediator shall certify that he/she explained the contents of the settlement
agreement to the parties in a language known to them.
Enforcement of Mediated
Settlement Agreement
If the parties agree, the settlement agreement may be jointly deposited by
the parties or deposited by one party with prior notice to the other party/ties
with the Clerk of Court of the Regional Trial Court
Enforcement of Mediated
Settlement Agreement
The parties may agree in the settlement agreement that the mediator shall
become a sole arbitrator for the dispute and shall treat the settlement
agreement as an arbitral award which shall be subject to enforcement
