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Alternative Dispute Resolution in the Philippines

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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.


AT A GLANCE:

Republic Act (RA) No. 9285 or the Alternative Dispute Resolution Act of 2004 was passed into law on April 2, 2004.  

The said law was enacted in line with the declared 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. 


 

Purpose

 

The use of Alternative Dispute Resolution (ADR) is an important means to achieve speedy and impartial justice and declog court dockets. 

 

What is an ADR System?

 

“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, as defined in this Act, 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.

 

Types of ADR System

 

The types of ADR System in the Philippines are arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof.

 

What is an ADR Provider?

 

“ADR Provider” means 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.

 

Whenever referred to in this Act, the term “ADR practitioners” shall refer to individuals acting as mediator, conciliator, arbitrator or neutral evaluator.

 

Arbitration

 

It is a voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the agreement of the parties, or rules promulgated pursuant to this Act, resolve a dispute by rendering an award. An award is any partial or final decision by an arbitrator in resolving the issue in a controversy The person appointed to render an award, alone or with others, in a dispute that is the subject of an arbitration agreement. 

 

In 2016, the Tribunal rendered a unanimous award in favor of the Philippines in the South China Sea Arbitration against the People’s Republic of China.

 

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. The provisions of this Chapter 2 of the Act shall cover voluntary mediation, whether ad hoc or institutional, other than court-annexed. The term “mediation’ shall include conciliation.

 

Exceptions

 

The provisions of this RA No. 9285 shall not apply to resolution or settlement of the following: 

(a) labor disputes covered by Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as amended and its Implementing Rules and Regulations; 

(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; and 

(h) those which by law cannot be compromised.

 

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.

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