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Alternative Dispute Resolution: Arbitration

Republic Act No. 9285 promotes the use of Alternative Dispute Resolution (ADR) to achieve speedy and impartial justice in the Philippines. It defines ADR as any process used to resolve disputes outside of court adjudication, including arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or combinations of these. Arbitration involves resolving disputes through a neutral arbitrator appointed by the parties. Mediation uses a neutral mediator to facilitate communication between parties and help them voluntarily agree on a resolution.

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0% found this document useful (0 votes)
153 views1 page

Alternative Dispute Resolution: Arbitration

Republic Act No. 9285 promotes the use of Alternative Dispute Resolution (ADR) to achieve speedy and impartial justice in the Philippines. It defines ADR as any process used to resolve disputes outside of court adjudication, including arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or combinations of these. Arbitration involves resolving disputes through a neutral arbitrator appointed by the parties. Mediation uses a neutral mediator to facilitate communication between parties and help them voluntarily agree on a resolution.

Uploaded by

Irene Quimson
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Republic Act No.

9285
-SEC. 2. Declaration of Policy.

Promote party autonomy in the


resolution of disputes or the freedom
of the party to make their own
arrangements to resolve their
disputes.
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.

EARLY NEUTRAL EVALUATION


-process

wherein parties and their


lawyers are brought together early in a
pre-trial phase to present summaries of
their cases and receive a nonbinding
assessment by an experienced, neutral
person, with expertise in the subject in
the substance of the dispute.

ARBITRATION
-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.

MEDIATION

Alternative Dispute Resolution


-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, minitrial, or any combination thereof (Republic
Act No. 9285 SEC. 3.a )

-a voluntary process in which a mediator,


selected by the disputing parties, facilitates
communication and negotiation, and assist
the
parties
in
reaching
a voluntary
agreement regarding a dispute.

CONCILIATION
-a dispute settlement procedure which uses
a neutral third party to clarify issues in a
dispute so that parties concerned may
themselves arrive at a mutually accepted
agreement.

MINI-TRIAL
-a structured dispute resolution method in which
the merits of a case are argued before a panel
comprising senior decision makers with or
without the presence of a neutral third person
after which the parties seek a negotiated
settlement.

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