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CHAPTER I - Dispute Resolution

This document defines key terms related to alternative dispute resolution (ADR) in the Philippines. It discusses Republic Act No. 9285, also known as the Alternative Dispute Resolution Act of 2004, which declares the state's policy of promoting party autonomy in resolving disputes through ADR. The act defines ADR as any process used to resolve disputes outside of court adjudication, including arbitration, mediation, conciliation, and other combinations. It also defines terms like ADR provider, arbitration, mediator, and confidential information as they relate to settling conflicts through alternative means instead of litigation.

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Erica Marie Bagon
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208 views5 pages

CHAPTER I - Dispute Resolution

This document defines key terms related to alternative dispute resolution (ADR) in the Philippines. It discusses Republic Act No. 9285, also known as the Alternative Dispute Resolution Act of 2004, which declares the state's policy of promoting party autonomy in resolving disputes through ADR. The act defines ADR as any process used to resolve disputes outside of court adjudication, including arbitration, mediation, conciliation, and other combinations. It also defines terms like ADR provider, arbitration, mediator, and confidential information as they relate to settling conflicts through alternative means instead of litigation.

Uploaded by

Erica Marie Bagon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Chapter I

Dispute Resolution

At the end of this chapter the student should be able to understand:

 Discuss the Alternative dispute resolution on each individuals conflict;


 Familiarize the different terms used to settle the dispute.

Republic Act No. 9285 -This act shall be known as


the "Alternative Dispute Resolution Act of 2004."

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
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.

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.

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 a mediator, conciliator, arbitrator, or neutral evaluator
of their dispute.

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

(c) "Authenticate" means to sign, execute or adopt a symbol, or encrypt a record in


whole or in part, intended to identify the authenticating party and to adopt, accept or
establish the authenticity of a record or term;

(d) "Arbitration" means a voluntary dispute resolution process in which one or more
arbitrators, appointed under the agreement of the parties, or rules promulgated according
to this Act, resolve a dispute by rendering an award;

(e) "Arbitrator" means the person appointed to render an award, alone or with others, in
a dispute that is the subject of an arbitration agreement;

(f) "Award" means any partial or final decision by an arbitrator in resolving the issue in a
controversy;

(g) "Commercial Arbitration" An arbitration is "commercial if it covers matter arising from


all relationships of a commercial nature, whether contractual or not;

(h) "Confidential information" means any information, relative to the subject of


mediation or arbitration, expressly intended by the source not to be disclosed, or obtained
under circumstances that would create a reasonable expectation on behalf of the source
that the information shall not be disclosed. It shall include (1) communication, oral or
written, made in a dispute resolution proceedings, including any memoranda, notes or
work product of the neutral party or non-party participant, as defined in this Act; (2) an
oral or written statement made or which occurs during mediation or for purposes of
considering, conducting, participating, initiating, continuing of reconvening a mediation or
retaining a mediator; and (3) pleadings, motions manifestations, witness statements,
reports filed or submitted in arbitration or for expert evaluation;

(i) "Convention Award" means a foreign arbitral award made in a Convention State;

(j) "Convention State" means a State that is a member of the New York Convention;

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(k) "Court" as referred to in Article 6 of the Model Law shall mean a Regional Trial Court;

(l) "Court-Annexed Mediation" means any mediation process conducted under the
auspices of the court, after such court has acquired jurisdiction of the dispute;

(m) "Court-Referred Mediation" means mediation ordered by a court to be conducted


under the Agreement of the Parties when as action is prematurely commenced in violation
of such agreement;

(n) "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 nonbinding assessment by an experienced, neutral person, with expertise in
the subject in the substance of the dispute;

(o) "Government Agency" means any government entity, office or officer, other than a
court, that is vested by law with quasi-judicial power to resolve or adjudicate dispute
involving the government, its agencies, and instrumentalities, or private persons;

(p) "International Party" shall mean an entity whose place of business is outside the
Philippines. It shall not include a domestic subsidiary of such an international party or a
coventurer in a joint venture with a party that has its place of business in the Philippines.

The term foreigner arbitrator shall mean a person who is not a national of the Philippines.

(q) "Mediation" means 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.

(r) "Mediator" means a person who conducts mediation;

(s) "Mediation Party" means a person who participates in a mediation and whose
consent is necessary to resolve the dispute;

3
(t) "Mediation-Arbitration" or Med-Arb is a step dispute resolution process involving both
mediation and arbitration;

(u) "Mini-Trial" means 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;

(v) "Model Law" means the Model Law on International Commercial Arbitration adopted
by the United Nations Commission on International Trade Law on 21 June 1985;

(w) "New York Convention" means the United Nations Convention on the Recognition
and Enforcement of Foreign Arbitral Awards approved in 1958 and ratified by the
Philippine Senate under Senate Resolution No. 71;

(x) "Non-Convention Award" means a foreign arbitral award made in a State which is
not a Convention State;

(y) "Non-Convention State" means a State that is not a member of the New York
Convention.

(z) "Non-Party Participant" means a person, other than a party or mediator, who
participates in a mediation proceeding as a witness, resource person, or expert;

(aa) "Proceeding" means judicial, administrative, or other adjudicative processes,


including related pre-hearing motions, conferences, and discovery;

(bb) "Record" means a piece of information written on a tangible medium or stored in an


electronic or other similar media, retrievable form; and

(cc) "Roster" means a list of persons qualified to provide ADR services as neutrals or to
serve as arbitrators.

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Reference https://www.lawphil.net/statutes/
repacts/ra2004/ra_9285_2004.ht
ml
Topics Video Links
What is the Difference Between Arbitration & https://www.youtube.com/watch?v
Mediation? =xHK_3_aVIVs
DISPUTE RESOLUTION Part 1 https://www.youtube.com/watch?v
=1ldIjnjEWkM&t=1037s
FYI Episode 9: The PH’s Alternative Dispute https://www.youtube.com/watch?v
Resolution System =ZGhp75nLKjo

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