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1. What is ADR? parties is part of that contract.

It is
likewise constitutional in nature.
Alternative Dispute Resolution System
means any process or procedure used to 5. Discuss the justification why ADR is
resolve a dispute or controversy, other contractual in nature.
than by adjudication of a presiding judge
(Contractual) Art. 1159 of the Civil Code.
of a court or an officer of a government
Obligations from Contracts have the
agency, as defined in this Act, in which a
force of law between the contracting
neutral third party participates to assist
parties and should be complied with in
in the resolution of issues, which
good faith.
includes arbitration, mediation,
conciliation, early neutral evaluation, (Constitutional) Sec. 16 Art. 3 of the
mini-trial, or any combination thereof. Philippine Constitution. All persons shall
have the right to a speedy disposition of
2. What is arbitration? their case before all judicial, quasi-
judicial or administrative bodies.
Section 3, Paragraphs D of ADR Act of
2004 (RA 9285) defines arbitration as
means of voluntary dispute resolution 6. Where is the place of Mediation?
process in which one or more arbitrators
appointed in accordance with the Look at the contract, if it is stipulated
agreement of the parties or rules parties are free to agree as to the place
promulgated pursuant to this act, because ADR is contractual in nature. If
resolve a dispute by rendering an award. no agreement, in any convenient place.

3. What are those prohibited mediation? 7. What is the effect of the agreement to
submit dispute for agreement?
A mediator may not make a report, Subject to a procedure, performed by
assessment, evaluation, any institution performing this function.
recommendation, finding, or other
communication regarding a mediation
to a court or agency or other authority 8. What is early neutral evaluation?
that make a ruling on a dispute that is
the subject of a mediation, except: Sec. 3(n) of RA 9285 defines ENE as ADR
(a) Where the mediation occurred or has process wherein parties and their
terminated, or where a settlement was lawyers are brought together early in a
reached. pre-trial phase to present summaries of
(b) As permitted to be disclosed under their cases and receive a non-binding
Section 13 of this Chapter. assessment by an experienced, neutral
person, with expertise in the subject in
the substance of the dispute.
4. What is the nature of ADR?

ADR is contractual in nature. The 9. What is mediation?


disputes do not go to arbitration unless
Mediation in Sec. 3(q) of RA 9285 means
and until the parties have agreed to
a voluntary process in which a mediator,
abide by the arbitrator’s decision.
selected by the disputing parties,
Necessarily, a contract is required in
facilitates the communication and
arbitration to take place and to be
negotiation and assists the parties in
binding. Furthermore, the court stated
reaching a voluntary agreement
that the provision to submit to
regarding a dispute.
arbitration any dispute arising
therefrom and the relationship of the
10. What are those dispute not covered 13. What are the Terms of Reference?
under the ADR Law?
It is similar to a pre-trial brief, which is a
The provisions of RA 9285 shall not apply written summary of your case so that
to resolution or settlement of the the mediator may be able to read it
following: before mediation.

a. Labor Disputes
b. Civil Status of a person
14. What is international Chamber of
c. Validity of Marriage
Commerce?
d. Any ground for legal separation
e. Jurisdiction of courts
f. Future legitime
g. Criminal liability 15. Is adopting the system of ADR
h. Those which the law cannot be beneficial?
compromised
Yes, in 705 scra 142 (2003) the SC
11. Who are the persons involved in a declared that ADR is a matter of state
mediation and may not be compelled to policy because ADR resolution methods
disclose confidential information? or DAR like arbitration, mediation,
negotiation or conciliation are
Sec. 9(d) of RA 9285 provides that in encouraged by the SC. By enabling the
such an adversarial proceeding, the parties to resolve their disputes
following persons involved or previously amicably, they provide solutions that are
involved in a mediation may not be less time consuming, less tedious, less
compelled to disclose confidential confrontational and more productive of
information obtained during mediation: goodwill and lasting relationships. It
must be borne in mind that arbitration
a. The parties of the dispute proceedings are mainly governed by the
b. The mediator or mediators arbitration law and suppletory by the
c. The counsel of the parties rules of court.
d. The non-party participants
e. Any person hired or engaged in
connection with the mediation
(secretary, stenographer, clerk or
assistant)
f. Any other person who obtains or
possess confidential information by
reason of his/her profession.

12. May the privilege be waived?

Yes. Sec. 10 of RA 9285 provides that a


privilege arising from the confidentiality
of information may be waived in a
record or orally during the proceedings
by the mediator and the mediation
parties.

A privilege arising from the


confidentiality of information may
likewise be waived by a non-party
participant if the information is provided
by such non-party participant.

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