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What is Dispute?
- A dispute is a disagreement on a point of law Sec. 5. The Supreme Court shall have the
or fact, a conflict of legal views or interest following powers:
between two or more persons, natural or Xxx
juridical. (5) Promulgate rules concerning the protection
and enforcement of constitutional rights,
Alternative Dispute Resolution pleading, practice, and procedure in all courts.
- It means any process or procedure used to The admission to the practice of law, the
resolve a dispute or controversy, other than by integrated bar, and legal assistance to the
adjudication of a presiding judge of a court or underprivileged. Such rules shall provide a
an officer of a government agency, in which a simplified a d inexpensive procedure for
neutral third party participates to assist in the the speedy disposition of cases, shall be
resolution of issues, which includes arbitration, uniform for all court of the same grade, and
mediation, conciliation, early neutral shall not diminish, increase, or modify
evaluation, a mini-trial, or any combination substantive rights. Rules of procedure of
thereof.” (RA 9285) special court and quasi-judicial bodies shall
remain effective unless disapproved by the
Alternative dispute resolution methods or Supreme Court.
ADRS – like arbitration, mediation, negotiation
and conciliation – are encouraged by the Statement of Policies
Supreme court. By enabling parties to resolve Special Rules of Court for ADR
their disputes amicably, they provide solutions
that are less time-consuming, less tedious, less Rule 2.1. General Polies. – It is the policy of
confrontational, and more productive of the State to actively promote the use of
goodwill and lasting relationships. (LM Power various modes of ADR and to respect PARTY
Engineering Corporation vs. Capitol Industrial AUTONOMY or the freedom of the parties to
Construction Groups, Inc. GR No. 141833, make their own arrangements in the resolution
March 26, 2003.) of disputes with the greatest cooperation of
and the least intervention from courts. To tis
In our jurisdiction, the policy is to favor end, the objectives of the Special ADR Rules
alternative methods of resolving disputes, are to encourage and promote the use of ADR,
particularly in civil and commercial disputes. particularly arbitration and mediation, as an
Arbitration along with mediation, conciliation, important means to achieve speedy and
and negotiation, being inexpensive, speedy efficient resolution of disputes, impartial
and less hostile methods have long been justice, curb a litigious culture and to de-clog
favored by this Court. (Korea Technologies court dockets.
Co., LTD vs. Judge Lerma, GR No. 143581,
January 7, 2008.) Guidelines on The Katarungang
Pambarangay Conciliation Procedure to
Prevent Circumvention of the Revised
Philosophical Approaches to Alternative Katarungan Pambarangay Law (Sections
Dispute Resolution 399-422, Chapter VII, Title 1, Book III,
United Nations RA 7160. Otherwise known as the LGC of
- The parties to any dispute… shall, first of all, 1991)
seek resolution by negotiation, enquiry,
mediation, conciliation, arbitration, judicial All disputes are subject to Barangay
settlement… or other peaceful means of their Conciliation pursuant to the Revised
own choice. (UN Charter Article 33.1 (1945)) Katarungan Pambarangay Law and prior
recourse thereto is a pre-condition before filing
States “shall accordingly seek early and just a complaint in court or any government offices,
settlement of their international disputes by except in the following disputes:
negotiation, enquiry, mediation, conciliation. … 1. Where one party is the government, or any
(UN General Assembly Res.2625 (XXV) of subdivision or instrumentality thereof;
1970) 2. Where one party is a public officer or
employee, and the dispute relates to the
Section 5, Article VIII, Philippine performance of his official functions;
Constitution
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3. Where the disputes involves real properties The period for court-annexed mediation shall
located in different cities and municipalities, not exceed thirty (30) calendar days without
unless the parties thereto agree too submit further extension.
their difference to amicable settlement by an Sec. 1. Mandatory Coverage for CAM in
appropriate Lupon; CIVIL Cases
4. Ay complaint by or against corporations, a. All ordinary civil cases, including mediatable
partnership or juridical entities, since only permissive or compulsory counterclaim or
individuals shall be parties to Barangay cross-claim as pleaded in the answer,
conciliation proceedings either as complaints or complaint-in-intervention, and third (fourth,
respondents (Sec.1, Rule VI, Katarungan etc.) party complaint, except those which
Pambarangay Rules;) cannot be the subject of a compromise under
Art. 2035 of the New Civil Code.
Case may be dismissed: Not for lack of
jurisdiction of the court but for failure to b. All special civil actions, except under Rules
state a cause of action or prematurity 63,64,65,66, and 71 of the Rules of Court.

A case filed in court without compliance with c. Special proceedings cases for settlement of
prior Barangay conciliation which is a estate where the dispute involves claims
precondition for formal adjudication (Sec. against the estate, or the distribution or
412(a) of the Revised Katarungan petition of estate in intestate proceedings;
Pambarangay Law) may be dismissed upon
motion of defendant/s, not for lack of d. All those cases involving issues under the
jurisdiction of court but for failure to state Family Code and other laws, in relation to
a cause of action prematurity (Royales vs. support, custody, visitation, property relations,
IAC, 127 SCRA), or the court may suspend guardianship of minor children, and other
proceedings upon petition of any party issues which can be the subject of a
under Sec.1, Rule 21 of the Rules of Court; compromise agreement;
and refer the case motu proprio to the
appropriate Barangay authority, applying e. Intellectual property cases;
by analogy Sec.408 (g) 2nd par., of the RKPL
which reads as follows: f. Commercial or intra-corporate controversies

The court in which non-criminal cases not g. Environmental cases, subject to the
falling within the authority of the Lupon under provisions in Sec.3, Rule 3 of the Rules of
this Code are filed may any time before trial, Procedure for Environmental Cases (AM No.
motu proprio refer case to the Lupon 09-6-8-SC) and;
concerned for amicable settlement.
h. Civil case covered by the Rule in Summary
Procedure
RA 7160
As in other arbitral proceedings, an award of Judicial Dispute Resolution
the Lupon Tagapamayapa has the “force and Sec. 9. Judicial Dispute Resolution. – Only
effect of a final judgment of a court” and “may if the judge of the court to which the case
be enforced by execution by the Lupon within 6 was originally raffled is convinced that
months from the date of settlement. After the settlement is still possible, the case may be
lapse of time, the settlement may be enforced referred to another court for judicial dispute
in an action in the appropriate city or municipal resolution. The judicial resolution shall be
court.” conducted within a non-extendible period
of fifteen (15) calendar days from notice of
Court Annexed Mediation in the Philippine failure of the court-annexed mediation.
Mediation Center
Sec. 8. Court Annexed Mediation. – After If judicial dispute resolution fails, trial before
pre-trial, after issues are joined, the court shall the original court shall proceed in the dates
refer the parties for mandatory court-annexed agreed upon.
mediation.
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All proceedings during the court-annexed - Formal Process regulated by Rules of

mediation and the judicial dispute resolution Evidence and Court Procedure.
shall be confidential. (n) - Role of lawyer is to act as advocate and
discredit opposition.
- Adversarial process were lawyers act in
Sec. 3. Permissive Referral to CAM and party’s behalf.
JDR in Other Actions. – In all other actions - Focus is on rights and past events/
or proceedings where compromise is not - Decisions is imposed on the parties by the
prohibited by law and there is a significant Judges.
likelihood of settlement, either or both of the
parties may, by oral manifestation or written Arbitration vs. Litigation
motion after pre-trial/preliminary conference, Arbitration Litigation
or at any stage of the proceedings, request the Who resolves Private Public
court to refer their dispute to CAM and JDR, individual Officer
provided there are still factual issues to be Basis of Agreement Law
resolved. Jurisdiction
Enforcement Voluntary Compulsory
Conflict Resolution Spectrum Appeal/Challenge Limited Full
- Negotiation
- Mediation Similarities:
- Arbitration Objective: binding decision in both
- Litigation Outcome: Binding decision in both

Arbitration vs. Mediation/Conciliation

Negotiation Arbitration Mediation/
- Parties control the process. Conciliation
- Parties engage in verbal interaction Objective Award Settlement
completely in their own terms. Outcome Award Settlement
- Decision is made by the parties. or no
- Outcome is whatever the parties agree to. Settlement
Mediation
Similarities:
- Mediator agreed to by the parties.
Basis of judgment: Agreement on both parties
- Informal Process controlled by the Mediator.
Who resolves: Private individuals in both
- Mediator is independent and impartial
Enforcement: voluntary in both
facilitator.
Appeal/Challenge: Limited in both
- Parties fully participate in deciding issues,
creating evaluation and agreeing options.
Mediation
- Focus is on the present and future and
A voluntary process in which a mediator
solving problems.
selected by the disputing parties, facilitates
- Outcome aims for mutually accepted win-win
communication and negotiation, and assists
solution.
the parties in reaching a voluntary agreement
regarding a dispute.
Arbitration
- Arbitrator appointed by the parties.
Kinds of Mediation:
- Formal process- regulated by arbitration
1. Court Annexed
procedures.
- The court has already acquired jurisdiction
- Parties input ideas and background.
- Covered by SC circulars and memorandum
- Adversarial proceedings.
- Focus is on rights and past events.
2. Not Court Annexed
- Decisions, which is based on evidence and
- Covered by RA 9285, the ADR Law
technical assessment, is imposed on the
- Institutional
parties by the arbitrator.
- Ad Hoc
Litigation
Features of Mediation
- Judge appointed by the state.
A. Confidentiality
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GR: Information obtained through mediation - A structured dispute resolution method in

shall be privileged and which merits of the a case are argued before a
confidential/inadmissible. (Sec.9 ADR law) panel compromising senior decision makers
with or without presence of a neutral third
XPN: person after which the parties seek a
1. Waiver (Sec 10) negotiated settlement.
2. Required by law to be Opened
3. Signed Agreement of the parties
4. Threat or plan to commit bodily injury or a 3. Mediation-Arbitration
crime or concealing a crime - This is two step dispute resolution process
5. To prove and disprove abused, neglect, involving both mediation and arbitration.
abandonment, exploitations;
6. To prove or disprove a claim of professional Arbitration
misconduct or malpractice filed against a What is Arbitration?
mediator. Arbitration is “a voluntary dispute resolution
7. Available in public or/made in public. process in which one or more arbitrators,
appointed in accordance with the agreement of
B. Disclosures of a mediator re the parties, or rues promulgated pursuant to
impartiality and conflict of interest this ACT, resolve a dispute by rendering an
award” (RA 9285 or the ADR Law, Sec. 3 (d))
C. A party may designate a lawyer or any
other person to provide assistance in Principal Characteristics
mediation (Sec. 14 ADR Law) 1. Arbitration is consensual
2. Arbitration gives primacy to Party Autonomy
D. Parties are free to agree on the place of 3. Arbitration award is final and relatively easy
mediation (Sec 15) to enforce.
- ADR Law prevails over provisions of
institutional rules. Advantages of Arbitration:
1. Neutrality of Arbitrators
E. Enforcement of Mediated Settlements 2. technical Expertise of Arbitrators
(Compromise agreement) 3. Privacy and Confidentiality
4. Speed of the Disposition
5. Non-Formal and More Flexible Procedure
How is mediated Enforced 6. Better Enforcement of Arbitral Awards vs.
1. the agreement may be deposited in an RTC Judicial Decisions
where one of the parties reside. A petition to 7. Less expenses than litigation
enforce the agreement may be filed with that
court. Hearing will be summary.
Sources of Law
- Parties may agree in a settlement agreement A. RA 9285 – “The ADR Act of 2004” which is
that the mediator shall become a sole UNCITRAL based. For international arbitration,
arbitrator and shall treat the settlement the UNCITRAL Model Law was adopted as an
agreement as an arbitral award which shall be Annex to the law and the travaux
enforced under RA 876 (RA 9285) preparatoires were expressly referred to in
interpreting the same.
Other Forms of ADR
1. Evaluation of a third person B. RA 876 – The Philippines Arbitration Law
which is based on the US Federal Arbitration
Early neutral evaluation – ADR process where Law. It continues to govern domestic
parties and their lawyers are brought together arbitration as modified by RA 9285.
early in a pre-trial phase to present summaries
of their cases and receive a non-binding C. EO 1008 – The Construction Industry
assessment by an experience, neutral person, Arbitration Law which created the Construction
with expertise in the subject in the substance Industry Arbitration Commission (CIAC). EO
of the dispute. 1008 governs construction arbitration and is
largely based on International Chamber of
2. Mini-Trial Commerce arbitration.
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An arbitration is “commercial’ if it covers

D. AM N0. 07-11-08-SC – The Special ADR matters arising from all relationships of a
Rules. commercial nature, whether contractual or not.
Relationships of a commercial nature include,
but are not limited to, the following
transactions: any trade transaction for the
supply or exchange of goods or services;
distribution agreements; constructions of
State Policy on Arbitration works; commercial representation of agency;
Sec. 2. Declaration of Policy. – It is hereby factoring; leasing; consulting; engineering;
declared the policy of the State to actively licensing; investment; financing; banking;
promote party autonomy in the resolution of insurance; joint venture and other forms of
disputes or the freedom of the party to make industrial or business cooperation; carriage of
their own arrangements to resolve their goods or passenger by air, sea, rail or road.
disputes. Towards this end, the State shall (ADR Law, Sec.21)
encourage and actively promote the use of
ADR as an important means to achieve speedy What Law governs ICA?
and impartial justice and de-clog court 1. UNCITRAL MODEL LAW (ADR Law, Sec. 19)
dockets. As such, the State shall provide 2. ADR LAW, Chapter 4. Sec. 19-31 (ICA)
means for the use of ADR as an efficient tool 3. ADR LAW, Chapter 7, Secs. 42-45, 47-48
and an alternative procedure for the resolution (recognition and enforcement of foreign
of appropriate cases. Likewise, the State shall arbitral awards)
enlist active private sector participation in the
settlement of disputes through ADR. This Act
shall be without prejudice to the adoption by Domestic Arbitration
the Supreme Court of any ADR system such a When is arbitration “domestic”?
mediation, conciliation, arbitration, or any Domestic Arbitration means an arbitration that
combination thereof as a means of achieving is not international, as defined in Article 1(3) of
speedy and efficient means of resolving cases the UNCITRAL Model Law (ADR Law, Sec.32)
pending before all courts in the Philippines
which shall be governed by such rules as the What law govern Domestic Arbitration?
Supreme Court may approve from time to 1, RA 876, otherwise known as “The Arbitration
rime. (ADR Law) Law’, as amended by Chapter 5 of the ADR
Law n Domestic Arbitration
2. Selection Sections of the UNCITRAL Model
Arbitration in the Philippines Law
Kinds of Arbitration under ADR LAW: - Art. 8,10,11,12,13,14,18 and 19
1. International Commercial Arbitration - Art. 29-32
2. Domestic Arbitration 3. Sec. 22 to 31 of Chapter 4 of the ADR Law
3. Construction Arbitration on ICA
4. Sec. 40-41, 46-48 of Chapter 7 of ADR Law
International Commercial Arbitration on Judicial review of Arbitral Awards
When is arbitrational “international”?
1. If the parties to an arbitration agreement Construction Arbitration
have, at the time of the conclusion of that - CIAC shall “continue to exercise original and
agreement, their places of business in different exclusive jurisdiction over construction
States. disputes although the arbitration is
2. If the place of arbitration, contract ‘commercial’ pursuant to Sec. 21” of ADR Law.
performance, or the place of the subject (ADR LAW, Sec.35)
matter of the dispute is situated in a State
other than the place of business of the parties - China Chang Jiang Energy Corporation
3. The parties expressly agree that subject Doctrine – CIAC, by law, the “compulsory
atter is international. (UNICTRAL Model Law, alternative”
Art. 1 (3))
- Arbitration Issues – includes, but is not
limited to, violation of specifications for
When is arbitration “Commercial”? materials and workmanship; violation of the
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terms of agreement; interpretation and/or - Agreement must be in writing (UML. Art.

application of contractual provisions; amount 7(2))
of damages and penalties; commencement
time and delays; maintenance and defects; SIAC Model Arbitration Clause:
payments default of employer or contractor “Any dispute arising out of or in connection
and changes in contractual cost with this contract, including any question
regarding its existence, validity or termination,
CIAC has “original and exclusive jurisdiction shall be referred to and finally resolved by
over disputes arising from, or connected with, arbitration administered by the Singaporean
contracts entered into by parties involved in International Arbitration Centre (SIAC) in
construction in the Philippines.” (EO No. 1008, accordance with the Arbitration Rules of the
Sec.4) Singapore International Arbitration Centre
(SIAC RULES) for the time being in force,
- Applies to both government and which rules are deemed to be incorporated by
private contracts. (EO No. 1008, Sec.3) reference in this clause.”
- Includes disputes between or among
parties to, or who are otherwise bound by an PDRCI Model Arbitration Clause:
arbitration agreement, directly or by reference “Any dispute, controversy or claim arising out
whether such parties are project owner, of or relating to this contract, or the breach,
contractor, subcontractor, fabricator, project termination or invalidity thereof shall be settled
manager, design professional, consultant, by arbitration in accordance with the PDRCI
quantity surveyor, bondsman, or issuer of an Arbitration Rules as at present in force.”
insurance policy in a construction project. (ADR
LAW, Sec.35) Note: - Parties may wish to consider adding:
a. The appointing authority shall be – (nae of
What law govern Domestic Arbitration? institution or person)
1. EO No. 1008, as amended b. The member of arbitrators shall be – (one or
2. ADR Law, Chapter 6 on Arbitration of three)
Construction Disputes c. The place of arbitration shall be – (town or
3. ADR Law, Sec. 17(d) on mediated country)
settlement agreements d. The language to be used in the arbitral
4. ADR Law, sections 28 and 29 on authority to proceedings shall be – (language)
grant Interim Relief and/or Interim Measures
of Protection.
Arbitration Agreement under the CIAC
The Process of Arbitration Rules:
1. Arbitration Agreement Section 4.1 Submission to CIAC jurisdiction. –
2. Notice of/Request for Arbitration An arbitration clause n a construction contract
3. Composition of the Arbitral Tribunal or a submission to arbitration of a construction
4. Jurisdiction of the Arbitral Tribunal dispute shall be deemed an agreement to
5. Conduct of Arbitral Proceedings submit an existing or future controversy to
6. Making of Award and Termination of CIAC jurisdiction, notwithstanding the
Proceedings reference to a different arbitration institution or
7. Recourse Against the Award arbitral body in such contract or submission.”

1. Arbitral Agreement Arbitration Agreement under the 2019

A. Definition and Form of Agreement CIAC Rules:
- Arbitration Agreement is an agreement by 4.1.3. An arbitration agreement or submission
the parties to submit to arbitration all or to arbitration shall be in writing, but it need
certain disputes which have arisen or which not be signed by the parties, as long as the
may arise between them in respect of a intent is clear that the parties agree to submit
defined legal relationship, whether contractual a present or future controversy arising from a
or not. An arbitration agreement may be in the construction contract to arbitration. It mat be
form of an arbitration clause in a contract or in in the form of exchange of letters sent by post
the form of a separate agreement. (UML. or by telefax, telexes, telegrams, electronic
Article 7 (1)) mail or any other mode of communication.
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- In default thereof, the same would be

B. Arbitration Agreements and the Courts referred to IBP president or his duly authorized
- Courts are mandated to refer the parties to representative (RA 9285, Sec.26)
arbitration if it finds that there exists an - If IBP president fails, then, parties may seek
arbitration agreement between the parties interim relief from the courts (Art. 11,13 and
except where the agreements is void. (UML., 14)
Art. 8(1))
Appointment of arbitrators under UML
- Sec. 24. Referral to Arbitration. – A court - The parties are free to determine the number
before which an action is brought in a matter of arbitrators. Failing such determination, the
which is the subject matter of an arbitration number of arbitrators shall be three (UML Art.
agreement shall, if at least one party so 10)
request not later that the pre-trial conference,
or upon the request of both parties thereafter, - The parties are free to agree on a procedure
refer the parties to arbitration unless it finds of appointing the arbitrators, Failing such
that the arbitration agreement is null and void, agreement:
inoperative or incapable of being performed.”  3 arbitrators are choose – each party
(ADR Law) shall appoint 1; the 2 chosen shall
appoint the 3rd
Rule 2.2 Policy on Arbitration. – (A) Where  1 arbitrator – parties agree
the parties have agreed to submit their  If there is a failure to appoint within 30
disputes arbitration, courts shall refer the days, appointed by appointing
parties to arbitration pursuant to RA 9285 authority or court. No appeal is
bearing in mind that such arbitration allowed. (UML Sec. 11)
agreement is the law between the parties and
that they are expected to abide by its good Challenge to Appointment of Arbitrator
faith. Further, the courts shall not refuse to - An arbitrators may be challenged only if
refer parties to arbitration for reasons but not circumstances exist that give rise to justifiable
limited to the following: doubts as to his impartiality or
a. The referral tends to oust a court of its independence. Or if he does not possess
jurisdiction qualifications agreed to by the parties. A
b. The court is in a better position to receive party may challenge an arbitrator appointed by
the dispute subject of arbitration him, or in whose appointment he has
c. The referral would result in multiplicity of participated, only for reasons of which he
suits becomes aware after appointment has been
d. The arbitration proceedings has not made. (UML Art.12)
commenced
e. The place of arbitration is in a foreign Challenge Procedure
country - Parties are free to agree on the challenge
f. One or more of the issues are legal and once procedure. Failing such agreement:
or more of the arbitrators are not lawyers  15 days from knowledge of
g. One or more of the arbitrators are not composition of tribunal, send a written
Philippine nationals or statement of the reasons for the
h. One or more of the arbitrators are alleged challenge to the arbitral tribunal.
not to possess the required qualifications under  Unless challenged arbitrators
the arbitration agreement or law. (Special ADR withdraws, tribunal shall decide on the
Rules) challenge
 If challenge is unsuccessful,
challenging party may, within 30 days
Composition of the Arbitral Tribunal from notice of tribunal rejection of
In the appointment, challenge or termination challenge, request the appointing
of mandate and replacement of arbitrator, authority (or court) to rule on the
what a rules apply? challenge. No MR, appeal or certiorari
- Agreed rules of an institution or an ad hoc allowed. (UML Sec. 13; Special ADR
procedure agreed upon by the parties Rules, Rule 7)
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Jurisdiction of the Arbitral Tribunal - Arbitral Tribunal decides the dispute in

A. “Kompetenz-Kompetenz” accordance with the rule of law agreed upon by
- The arbitral tribunal may rule on its won the parties.
jurisdiction and any objection with respect to
the existence or validity of the arbitration - The parties may also authorize the arbitral
agreement. tribunal to decide the dispute ex aequo et
- Arbitration clause is treated as an agreement bono. (UML, Art. 28)
independent of other terms of the contract
where it is contained. B. Making of Award and other decisions
- Any award or decision shall be made by a
B. Power to Order Interim Measures majority of the arbitrators. Questions of
- Arbitral Tribunal may order any party to take procedure may be left to the Presiding
an interim measure of protection in respect of Arbitrator.
the subject matter of the dispute. (UML,
Art.17) - Award must:
1. State Place of Arbitration
2. be in Writing
3. Dated
4. State the reasons on which the award is
Conduct of Arbitral Proceedings based
A. Determination of the Rules of
Procedure
General Rule: Parties are free to agree on the ------
procedure to be followed by the arbitral
tribunal.

Exception: If the parties fail to agree, Arbitral

Tribunal will conduct arbitration in a manner it
considers appropriate.

B. Filing of Statement of Claim/Defense;

Answer
- Arbitral Tribunal shall order the parties to file
statement of claims/defenses in the manner
and period agreed upon (ad hoc or Judicial Intervention
institutional) 1. Relief on the issue of Existence, Validity, or
Enforceability of the Arbitration Agreement
- In CIAC, Complaint is attached to the Notice 2. Referral to Alternative Dispute Resolution
of Arbitration Form. Respondent has 15 days to (ADR)
file Answer, extendible for justifiable reasons. 3. Interim Measures of Protection
4. Appointment of Arbitrator
C. Default of a Party 5. Challenge to Appointment of Arbitrator
- The arbitral tribunal may proceed in the 6. Termination of Mandate of Arbitrator
absence of a party only if due notice is given 7. Assistance in Taking Evidence
and where a party fails to submit his statement 8. Confirmation, Correction or Vacation of
of defense. Award in Domestic Arbitration
9. recognition and enforcement or Settling
- The arbitral tribunal may chose not to Aside of an Award in International Commercial
continue the proceedings if the claimant fails to Arbitration
submit his statement of claims. 10. Recognition and Enforcement of a Foreign
Arbitral Award
11. Confidentiality/ Protection Orders
Making of Award and Termination of 12. Deposit and Enforcement of Mediated
Proceedings Settlement Agreements; and
A. Rules Applicable to Substance of 13. Decision on Appeals
Dispute
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