The Office for Alternative Dispute Resolution (OADR) is an attached agency of the Department of Justice.

The OADR aims to develop and expand the use of Alternative Dispute Resolution (ADR) in the private and public sector. This includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, and any combination thereof.

Mandate: To promote, develop and expand the use of alternative dispute resolution (ADR) in the private and public sectors; and, to assist government to monitor, study and evaluate the use by the public and the private sector of ADR, and recommend to Congress needful statutory changes to develop, strengthen and improve ADR practices in accordance with world standards. Enabling Law: Republic Act No. 9285 - AN ACT TO INSTITUTIONALIZE THE USE OF AN ALTERNATIVE DISPUTE RESOLUTION SYSTEM IN THE PHILIPPINES AND TO ESTABLISH THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION, AND FOR OTHER PURPOSES; otherwise known as the Alternative Dispute Resolution Act of 2004 Implementing Rules and Regulations: Department Circular No. 98, series of 2009 Location: DOJ Main Building, Padre Faura Street, Ermita, 1000 Manila, Philippines Description: The Office for Alternative Dispute Resolution (OADR) is an attached agency of the Department of Justice. General Information: Leila M. De Lima Secretary of Justice Jose Vicente B. Salazar Undersecretary-In-Charge Ricardo V. Paras III Chief State Counsel OIC, Office of Undersecretary Jose Vicente B. Salazar Bernadette C. Ongoco, OIC, Executive Director Marlyn L. Angeles, OIC, Director Accreditation Division Chulo B. Palencia Jr., OIC, Director Administrative Division Celeste E. Eneria, OIC, Director Certification Division Leilani R. Fajardo-Aspiras, OIC, Director Finance Division Nancy G. Lozano, OIC, Director Planning Division Rafael Archie E. Villanueva, OIC, Director Public Information and Promotion Division Albert L. Opon, OIC, Deputy Director - Public Information and Promotion Division Jose Mario B. Uy, OIC, Director Records and Library Division Analiza C. Ite-Manito, OIC, Director Training Division Ulyses A Aguila, OIC - Deputy Director, Training Division Charlene Mae C. Tapic, OIC - Deputy Director, Training Division Rodan G. Parrocha, OIC - Deputy Director, Training Division Suerte T. Gamiao-Gineta, OIC - Director, Secretariat Declaration of Policy: It is hereby declared the policy of the State to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own 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. As such, the State shall provide means for the use of ADR as an efficient tool and an alternative procedure for the resolution of appropriate cases. Likewise, the State shall enlist active private sector participation in the settlement of disputes through ADR. This Act shall be without prejudice to the adoption by the Supreme Court of any ADR system, such as mediation, conciliation, arbitration, or any combination

thereof as a means of achieving speedy and efficient means of resolving cases pending before all courts in the Philippines which shall be governed by such rules as the Supreme Court may approve from time to time.

State Policy
It is declared the policy of the State to:

Actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes;

Encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets;

Provide means for the use of ADR as an efficient tool and an alternative procedure for the resolution of appropriate cases; and

Enlist active participation of the private sector in the settlement of disputes through ADR.

Mission
To promote, develop and expand the use of alternative dispute resolution towards fast, accessible, convenient and economical administration of justice

Vision
For alternative dispute resolution to be the primary means of settling disputes

Mandate:
To promote, develop and expand the use of alternative dispute resolution (ADR) in the private and public sectors; and, to assist government to monitor, study and evaluate the use by the public and the private sector of ADR, and recommend to Congress needful statutory changes to develop, strengthen and improve ADR practices in accordance with world standards.

Objectives:
a) To promote, develop and expand the use of ADR in the private and public sectors; and b) To assist the government to monitor, study and evaluate the use by the public and the private sector of ADR; and c) To recommend to Congress needful statutory changes to develop, strengthen and improve ADR practices in accordance with world standards.

Powers of the OADR:

1. Act as the appointing authority of mediators and arbitrators when the parties agree in writing that it shall be empowered to do so; 2. Conduct seminars, symposia, conferences and other public fora and publish proceedings of said activities and relevant materials/information that would promote, develop and expand the use of ADR; 3. Establish an ADR library or resource center; 4. Establish training programs for ADR providers/practitioners, both in the public and private sectors, this would also include the conduct of periodic and continuing training programs for arbitration and mediation; 5. Certify those who have successfully completed the regular professional training programs provided by OADR; 6. Charge fees for services rendered (i.e. training and certifications); 7. Accept donations, grants and other assistance from local and foreign sources; and 8. Exercise such other powers as may be necessary and proper to carry into effect the provisions of R.A. No. 9285

Functions:
1. Promote, develop and expand the use of ADR in the private and public sectors through information, education and communication; 2. Monitor, study and evaluate the use of ADR by the private and public sectors for purposes of policy formulation; 3. Recommend to Congress needful statutory changes to develop, strengthen and improve ADR practices in accordance with international professional standards; 4. Make studies on and provide linkages for the development, implementation, monitoring and evaluation of government and private ADR programs; 5. Compile and publish a list or roster of ADR providers/practitioners; 6. Compile a list or roster of foreign or international ADR providers/practitioners; 7. Perform such other functions necessary in the exercise of its duties.

Enabling Law:
Republic Act No. 9285 AN ACT TO INSTITUTIONALIZE THE USE OF AN ALTERNATIVE DISPUTE RESOLUTION SYSTEM IN THE PHILIPPINES AND TO ESTABLISH THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION, AND FOR OTHER PURPOSES; otherwise known as the Alternative Dispute Resolution Act of 2004

Implementing Rules and Regulations:

Department Circular No. 98, series of 2009

Related Issuances:
Department Circular No. 049 Adopting Accreditation Guidelines for Alternative Dispute Resolution Provider Organizations and Training Standards for Alternative Dispute Resolution Practitioners - PDF Executive Order No. 97, s. 2012 Revoking Executive Order No. 523 (s. 2006) and Conferring Upon the Office for Alternative Dispute Resolution the Management, Development, Coordination and Oversight of Alternative Dispute Resolution Programs in the Executive Department, and for other purposes - PDF Executive Order No. 78, s. 2010 Mandating the Inclusion of Provisions on the Use of Alternative Dispute Resolution Mechanisms in All Contracts Involving Public-Private Partnership Projects, Build-Operate and Transfer Projects, Joint Venture Agreements Between the Government and Private Entitites and Those Entered into by Local Government Units - PDF Proclamation No. 518, s. 2012 Declaring December 19 of Every Year as National Alternative Dispute Resolution (ADR) Day" Republic Act No. 876 The Arbitration Law N.B. The provisions of R.A. No. 876, as amended by Chapter 5 of R.A. 9285, continues to be the governing law in Domestic Arbitration. A.M. No. 07-11-08-SC, Special Rules of Court On Alternative Dispute Resolution Date of Effectivity: October 30, 2009 Executive Order No. 523, series 2006, Instituting The Use of ADR in the Executive Department of the Government (E.O. 97 recognizing the existence of OADR supersedes E.O. 523) UNCITRAL Model Law on International Commercial Arbitration (As adopted by the United Nations Commission on International Trade Law on 21 June 1985) This is made an integral part of R.A. No. 9285, with respect to International Commercial Arbitration Executive Order No. 1008, s. 1985 Creating An Arbitration Machinery in the Construction Industry of the Philippines

Description:
The Office for Alternative Dispute Resolution (OADR) is an attached agency of the Department of Justice.

Divisions
OADR is headed by an Executive Director

Divisions
Secretariat Administrative Division Finance Division Planning Division Public Information and Promotion Division Training Division Accreditation Division Certification Division Records and Library Division

Frequently Asked Questions

I. Alternative Dispute Resolution
1. What is Alternative Dispute Resolution (ADR)?
ADR is 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, in which a neutral third party participates to assist in the resolution of issues. ADR may be arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof.

2. What is the importance of ADR system?

ADR System is important because it provides an alternative and efficient tool in the resolution of cases before they even reach the courts. It promotes party autonomy which is the freedom of the parties to make their own arrangements to resolve their disputes. It encourages creativity between/among parties.

3. What are the benefits of undergoing ADR?

ADR:

Ensures party autonomy on how parties settle their disputes Parties can be creative in settling their disputes Flexibility of proceedings Confidentiality of proceedings Reduced cost and time in the resolution of conflict Less stress because it will avoid long litigation Preservation of relationship

4. What are the common forms of ADR?

The most common forms of ADR are: Arbitration, Mediation, Conciliation, Early Neutral Evaluation, MiniTrial and Good Offices. Arbitration is the voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the agreement of the parties, or rules promulgated pursuant to relevant legislation and rules and regulations, resolve a dispute by rendering an award. Mediation is 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. Conciliation is a process whereby parties request a third person or persons (the conciliator) to assist them in their attempt to reach an amicable settlement of their dispute arising out of or relating to a contractual or other legal relationship. The conciliator does not have the authority to impose upon the parties a solution to the dispute. Early Neutral Evaluation is an ADR process wherein parties and their lawyers are brought together early in pre-trial phase to present summaries of their cases and receive a non-binding assessment by an experienced neutral person with expertise in the subject in the substance of the dispute. Mini-Trial is a structured dispute resolution method in which the merits of a case are argued before a panel composed of senior decision makers with or without the presence of a neutral third person after which the parties seek a negotiated settlement. Good Offices are offices that essentially provide logistical support to parties to come up with consultation. It is merely the provision of venue only and not the consultation itself. It is plainly administrative support.

II. The Office for Alternative Dispute Resolution (OADR)

1. What is the Office for Alternative Dispute Resolution (OADR)?
The Office for Alternative Dispute Resolution (OADR) was created under Republic Act No. 9285 (Alternative Dispute Resolution Act of 2004). It is an attached agency of the Department of Justice (DOJ) tasked to oversee the state of both public sector and private sector ADR.

2. What is the role of OADR?

The objectives of the OADR are: 1. To promote, develop and expand the use of ADR in the private and public sectors; 2. To assist in the monitoring, studying and evaluating the use of ADR by the public and private sectors; and 3. To recommend to Congress needful statutory changes to develop, strengthen and improve ADR practices in accordance with world standards.

3. What are the powers and functions of the OADR?

The powers and functions of the OADR are: 1. To act as appointing authority of mediators and arbitrators when the parties agree in writing that it shall be empowered to do so; 2. To conduct seminars, symposia, conferences and other public fora and publish proceedings of said activities and relevant materials/information that would promote develop and expand the use of ADR; 3. To establish an ADR library or resource center that will contain laws, rules and regulations, jurisprudence, books, articles and other information about ADR in the Philippines and elsewhere for easy access to the public; 4. To establish training programs for ADR providers/practitioners, both in the public and private sectors; and to undertake periodic and continuing training programs for arbitration and mediation and charge fees on participants. It may do so in conjunction with or in cooperation with the IBP, private ADR organizations, and local and foreign government offices and agencies and international organizations; 5. To certify those who have successfully completed the regular professional training programs provided by the OADR or other ADR provider organizations as approved by the OADR; 6. To charge fees for services rendered such as, among others, for training and certifications of ADR providers; 7. To accept donations, grants and other assistance from local and foreign sources; and 8. To exercise such other powers as may be necessary and proper to carry into effect the provisions of the ADR Act of 2004 (R.A. No. 9285).

4. Does the OADR have jurisdiction over Court-Annexed Mediation?

No. Court-Annexed Mediation is governed by the rules of the Supreme Court.

5. Does the OADR provide ADR services?

No. The OADR only assists the parties in choosing their neutral/s.

III. ADR in the Philippines

1. Is ADR a new concept in the Philippine setting?
No. ADR is already being practiced in labor proceedings under the Labor Code (NLRC, Labor Relations cases, etc.); under the Katarungang Pambarangay Law and even in cases already filed in court, under the court-annexed mediation.

2. What laws govern the ADR practice in the Philippines?

R.A. No. 9285 AN ACT TO INSTITUTIONALIZE THE USE OF AN ALTERNATIVE DISPUTE RESOLUTION SYSTM IN THE PHILIPPINES AND TO ESTABLISH THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION, AND FOR OTHER PURPOSES

E.O. No. 1008 CREATING AN ARBITRATION MACHINERY IN THE CONSTRUCTION INDUSTRY OF THE PHILIPPINES R.A. No. 876 AN ACT TO AUTHORIZE THE MAKING OF ARBITRATION AND SUBMISSION AGREEMENTS, TO PROVIDE FOR THE APPOINTMENT OF ARBITRATORS AND THE PROCEDURE FOR ARBITRATION IN CIVIL CONTROVERSIES, AND FOR OTHER PURPOSES

UNCITRAL Law the Model Law is designed to assist States in reforming and modernizing their laws on arbitral procedure to take into account the particular features and needs of international commercial arbitration. It covers all stages of the arbitral process from the arbitration agreement, the composition and jurisdiction of the arbitral tribunal and the extent of court intervention through to the recognition and enforcement of arbitral award. It reflects worldwide consensus on key aspects of international arbitration practice having been accepted by States of all regions and the different legal or economic systems of systems of the world.

3. Are there exceptions to R.A. No. 9285?

Yes. According to Section 6 of R.A. No. 9285, it shall not apply in the resolution or settlement of the following: a. Labor disputes covered by Presidential Decree No. 442 (The Labor Code of the Philippines, as amended, and its Implementing Rules and Regulations); b. The civil status of persons; c. The validity of marriage; d. Any ground for legal separation; e. The jurisdiction of courts; f. Future legitime; g. Criminal liability;

h. Those which by law cannot be compromised; and i. Disputes referred to court-annexed mediation.

4. Did R.A. No. 9285 repeal or amend the Katarungang Pambarangay Law?
No. R.A. No. 9285 did not repeal, amend or modify the jurisdiction of the Katarungang Pambarangay Law under R.A. No. 7160 or the Local Government Code of 1991.

IV. General Concepts

1. What is party autonomy?
Party autonomy is the freedom of parties to draw the course towards the resolution of their own conflicts. This may include the following:

Selection and appointment of a mediator, arbitrator, conciliator or an early neutral evaluator; Agreement on the place of the proceedings where the ADR shall take place. If the parties fail to reach an agreement as to the venue, the place of the ADR shall be any place convenient and appropriate to the parties;

Agreement on the applicable rules to apply; and Agreement on the language to be used in the proceedings.

2. Who can be an arbitrator, mediator or conciliator?

In mediation, a person does not need to possess special qualifications, background or profession unless the special qualifications of a mediator are required in the mediation agreement. In arbitration, any person appointed to serve as an arbitrator must be of legal age, in full enjoyment of civil rights and knows how to read and write. No person appointed to serve as an arbitrator shall be related by blood or marriage within the sixth civil degree to either of the party to the controversy. Also, no person shall serve as an arbitrator in any proceeding if he has or had financial or fiduciary or other interest in the controversy or cause to be decided or in the result of proceeding, or has any personal bias which might prejudice the right of any party to a fair and impartial award.

3. What is the protection given to the parties in the ADR process?

In mediation proceedings, the information obtained shall be privileged and confidential. In arbitration proceedings, the records, evidence and the arbitral awards are confidential and shall not be published except with the consent of the parties or for limited purpose of disclosing to the court relevant documents in cases where resort to the court is allowed.

4. In mediation and arbitration, what is the result if the parties reach an amicable settlement?
a. In Mediation, if the parties reach an agreement, the mediator shall issue a settlement agreement which may be deposited with the appropriate Clerk of Regional Trial Court in the place where the parties resides. Where there is a need to enforce the settlement agreement, a petition may be filed with the same court, in which case, the court shall summarily hear the petition in accordance with the rules as may be promulgated by court. b. In Arbitration, the arbitrator or arbitration panel shall issue an arbitration award. At any time within one month after the award for issues arbitrated, is made, any party to the controversy may apply to the court having jurisdiction for an order confirming the award; and thereupon the court must grant such order unless the award is vacated, modified or corrected.

5. What are the remedies if one of the parties failed to comply with the agreement?
A party who does not comply with the order shall be liable for all damages resulting from non-compliance, including all expenses and reasonable attorneys fees, paid to obtain the judicial enforcement of the order. In addition, any party to a mediated settlement agreement, which was deposited with the Clerk of Regional Trial Court, may upon breach thereof, file a verified petition with the same court to enforce the said mediated agreement.

6. What rules have been issued by the Supreme Court in support of ADR?
The Special Rules of Court on Alternative Dispute Resolution or the Special ADR Rules was issued by the Supreme Court to govern identified cases related to ADR.

ALTERNATIVE DISPUTE RESOLUTION

ADOPTING ACCREDITATION GUIDELINES FOR ALTERNATIVE DISPUTE RESOLUTION PROVIDER ORGANIZATIONS AND TRAINING STANDARDS FOR ALTERNATIVE DISPUTE RESOLUTION PRACTITIONERS Dept. of Justice Office of Alternative Dispute Resolution LML-DC-17H12-_088_

DEPARTMENT CIRCULAR NO. ______ ADOPTING ACCREDITATION GUIDELINES FOR ALTERNATIVE DISPUTE RESOLUTION PROVIDER ORGANIZATIONS AND TRAINING STANDARDS FOR ALTERNATIVE DISPUTE RESOLUTION PRACTITIONERS WHEREAS, the Office for Alternative Dispute Resolution (OADR) is a government agency created under Section 49 of Republic Act (R.A.) No. 9285 (Alternative Dispute Resolution Act of 2004) to promote, develop and expand the use of Alternative Dispute Resolution (ADR) in the private and public sectors; assist the government to monitor, study and evaluate the use of ADR by the public and private sectors; and recommend to Congress needful statutory changes to develop, strengthen and improve ADR practices in accordance with world standards; WHEREAS, Section 50 [a], [b], [c] and [e] of R.A. No. 9285 and its Implementing Rules and Regulations confer upon the OADR, the power and duty, among others, to formulate accreditation and training standards of ADR practitioners and service providers; to certify that such practitioners and providers have undergone the professional training provided by the OADR; to compile and publish a list or roster of ADR provider organizations (APOs) accredited and certified by the OADR, and practitioners who have undergone training provided either by the OADR or its accredited providers; and to coordinate the development, implementation, monitoring and evaluation of government ADR programs; WHEREAS, the establishment of professional standards relating to qualifications, competence and performance promotes quality and accountability among ADR providers and practitioners; NOW, THEREFORE, the OADR adopts the following accreditation guidelines for ADR provider organizations and training standards for ADR practitioners: Section 1. Definition of Terms. a. Accreditation or Certification means a process whereby an individual or organization engaged in, or a program relating to, the delivery of ADR services undergoes evaluation for the purpose of determining whether it meets the minimum standards on qualifications, competence and performance in regard to those services; b. "ADR Practitioners" or ADR Neutrals shall refer to individuals acting as mediator, conciliator, arbitrator, neutral evaluator or any person exercising similar functions in any Alternative Dispute Resolution system; c. "ADR Provider Organizations" (APOs) means institutions, associations, centers or organizations which provide ADR services to the general public through a roster of neutrals serving as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in any Alternative Dispute Resolution system; d. ADR Services shall include but not be limited to serving as an ADR practitioner; providing ADR trainings; conducting program and system design; and managing, overseeing or administering ADR programs; e. "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, 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; f. "Arbitration" means 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 the ADR Act, resolve a dispute by rendering an award; g. "Arbitrator" means the person appointed to render an award, alone or with others, in a dispute that is the subject of an arbitration agreement; h. "Mediation" means a voluntary process in which a mediator facilitates communication and negotiation, and assists the parties in reaching a voluntary agreement regarding a dispute; i. "Mediator" means a person who conducts mediation; j. Private APOs means those private sector APOs which offer ADR training programs or dispute resolution services to the general public, to government agencies, or in partnership with said agencies; k. Public APOs means those government agencies which offer ADR training programs or dispute resolution services within that agency, to the general public, to other government agencies, or in partnership with said agencies; l. "Roster" means a list of persons qualified to provide ADR services as neutrals, whether as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in any Alternative Dispute Resolution system. TITLE I GUIDELINES FOR ACCREDITATION CHAPTER I. PRIVATE ADR PROVIDER ORGANIZATIONS Section 2. Coverage. These Guidelines shall apply to all private APOs as defined in Section 1 [j]. Section 3. Accreditation - when required. Accreditation is mandatory for private APOs offering ADR services to government agencies or in partnership with said agencies. Government agencies shall only partner with or engage the services of OADR-accredited private APOs. For all other private APOs offering services not covered by the preceding paragraph, accreditation is voluntary. Section 4. Accreditation Requirements. Any private APO applying for accreditation shall comply with the following requirements: a. Submission of a notarized application form (OADR Form 001), signed by a duly authorized senior officer of the applicant and supported by the corresponding board resolution where applicable; b. Submission of certificate of registration from the Securities and Exchange Commission or any other relevant regulatory agencies; c. Submission of the website address of the applicant, which website shall contain, at a minimum, the following: i. Basic information about the applicant, including:

o Company Profile o Statement defining the applicants mission and objectives o List of officers and directors o Contact information (office address, telephone and fax numbers and e-mail address) ii. ADR Services Offered o List and description of each ADR process offered o Process flow for each of these processes o Rules of procedure adopted for each ADR process o Enforcement mechanism for ADR outcomes, which must be consistent with the enforcement framework, provided under the ADR Act, its Implementing Rules and Regulations, and the Special ADR Rules of Court, unless a different enforcement mechanism is provided for by law. If the applicant intends to offer ADR training, it shall also submit a proposed training program that complies with the requirements provided under Sections 24 to 29 of Title II of this Circular. iii. Roster of Neutrals and Fees o Roster of accredited neutrals, with their corresponding professional resumes/curriculum vitae o Schedule of fees o Qualification standards for neutrals iv. Ethical Standards / Recourse Mechanisms o Code of ethics/ethical rules that the applicant has adopted, which must be consistent with ethical standards or guidelines provided under the ADR Act, its Implementing Rules and Regulations, and other relevant ADR laws and issuances o Recourse mechanism for parties in the event of complaints against neutrals In addition to the website link, the applicant shall submit a file containing a complete print-out (in letter-sized paper) of all the information contained in the website at the time the application is filed. d. Signing of a commitment (OADR Form 002) to comply with the guidelines and standards provided in the OADRs Statement of Principles for ADR Provider Organizations, attached hereto as Annex A, as well as the OADRs Training Standards for ADR Practitioners; and e. Payment of the corresponding application fee. Section 5. Assessment and Issuance of Certificate of Accreditation. Upon receipt of the application, the OADR shall make the corresponding examination, including site visits, where necessary. The OADR may likewise cause the publication of the application for comment. Upon determination that the foregoing requirements have been satisfactorily complied with, the OADR shall thereupon issue a Certificate of Accreditation to the applicant. Where the application and its supporting documents are incomplete or defective, the OADR may direct the applicant to make the corresponding corrections or submit additional documentation.

Section 6. Validity Period of Accreditation. The Certificate of Accreditation shall be valid for a period of two (2) years from issuance, without prejudice to renewal, which shall be conditioned upon submission of a new application form, payment of the required fees and compliance with such additional requirements as may be set by the OADR. Section 7. Effects of Accreditation. The accreditation by the OADR of a private APO shall have the following effects: a. The private APO shall be included in the list of accredited APOs in the OADRs website. b. Any certification or accreditation of individual ADR practitioners granted by such private APO shall be recognized by the OADR, but only within the period within which the private APO remains accredited and only for the particular field of practice for which the neutral has been certified or accredited. For this purpose, the OADR shall likewise include in its website the list of accredited private APOs with link to the individual accredited practitioners of said private APOs. c. Accredited private APOs and certified and/or accredited individual ADR practitioners shall be permitted to offer dispute resolution services to other government agencies. They shall also be allowed to provide ADR training, systems design or similar services to government agencies subject to such additional guidelines as the OADR may prescribe. Section 8. Compliance Monitoring. The OADR shall monitor compliance by accredited private APOs with their commitments to the Guidelines and the standards provided in the OADRs Statement of Principles for Accredited ADR Provider Organizations (Statement of Principles) and the OADRs Training Standards for ADR Neutrals (Training Standards). The OADR may, upon complaint of any interested party or motu proprio, revoke any accreditation earlier conferred upon a finding of: i. Material violation of any provision of the Statement of Principles or the Training Standards; or ii. Failure to maintain the website required under these guidelines, or its material alteration in such a way that the private APO adopts ethical, professional, practice, legal or administrative standards significantly lower than those initially represented in the original website; or iii. Any other violations or circumstances of a similar nature and analogous to those above mentioned. For this purpose, the OADR shall issue separate guidelines prescribing the procedures for resolving complaints for violation of this section. TITLE II. ADR PRACTITIONERS Section 9. Purpose and Coverage. Pursuant to the OADRs policy to enlist active private sector participation in the settlement of disputes through ADR, the following guidelines are hereby adopted for the recognition of ADR Practitioners who were trained by non-accredited APOs, ADR centers or institutions. For those ADR practitioners trained by accredited APOs, the guidelines in Chapter I of Title I shall apply.

Section 10. Accreditation - when required. Accreditation is mandatory for ADR practitioners offering ADR services to government agencies or in partnership with said agencies. Government agencies shall only partner with or engage the services of the OADR-accredited ADR practitioners. For all other ADR practitioners offering services not covered by the preceding paragraph, accreditation is voluntary. Section 11. Accreditation Requirements. Any ADR practitioner applying for accreditation shall comply with the following requirements: 1. Submission of a notarized application form (OADR Form 003); 2. Submission of applicants curriculum vitae showing relevant ADR training and experience; 3. Submission of syllabus/brochure/program indicating training courses taken, names of instructors, corresponding training hours and training dates, or any other similar documentation indicating nature and duration of training received; 4. Submission of certificate or other proof of attendance to relevant trainings; and 5. Payment of the corresponding application fee. Section 12. Assessment and Issuance of Certificate of Accreditation. Upon receipt of the application, the OADR shall make the corresponding evaluation and upon determination that the foregoing requirements have been satisfactorily complied with, the OADR shall thereupon issue a Certificate of Accreditation to the applicant. Where the application and its supporting documents are incomplete or defective, the OADR may direct the applicant to make the corresponding corrections or submit additional documentation. Section 13. Validity Period of Accreditation. The Certificate of Accreditation shall be valid for a period of two (2) years from issuance, without prejudice to renewal, which shall be conditioned upon submission of a new application form, payment of the required fees and compliance with such additional requirements as may be set by the OADR. Section 14. Effects of Accreditation. The accreditation by the OADR of an ADR practitioner shall have the following effects: a. The ADR practitioner shall be included in the list of accredited ADR practitioners in the OADRs website. b. Accredited and certified ADR practitioners will be permitted to offer dispute resolution services to government agencies. They shall also be allowed to provide ADR training, systems design or similar services to government agencies subject to such additional guidelines as the OADR may prescribe. However, any certification and/or accreditation granted by the OADR to an ADR practitioner under this chapter shall only be for the particular field of practice for which the neutral has applied for and had been certified and/or accredited by the OADR.

TITLE III. PUBLIC ADR PROGRAMS Section 15. Coverage and Limitations. These Guidelines shall apply to ADR programs managed, overseen or administered by public APOs as defined in Section 1[k]. These Guidelines, however, shall not apply to ADR programs managed by the following with regard to their respective offices: 1. Constitutional Commissions; 2. Congress; 3. The Supreme Court, its subordinate agencies and all lower courts; and 4. The Construction Industry Arbitration Commission (CIAC) These Guidelines, likewise, shall not be applicable to any ADR programs involving the following: 1. Disputes covered by Presidential Decree No. 442, (Labor Code of the Philippines, as amended), and its Implementing Rules and Regulations; and 2. Disputes covered by the Katarungang Pambarangay Law under Sections 398 to 421 of Republic Act No. 7160 (Local Government Code of 1991). Section 16. Accreditation Requirements. Any public APO applying for accreditation of its proposed ADR program shall comply with the following requirements: 1. Submission of a notarized application form (OADR Form 004), signed by the head of agency or designated official; 2. Submission of the corresponding OADR certificate of accreditation of the private APO or private ADR practitioner in case the public APO intends to partner with such private APO or private ADR practitioner for the design or implementation of its proposed ADR program; 3. Submission of agency issuance authorizing the proposed ADR program, including subsequent issuances approving the revised ADR program, when applicable; 4. Submission of the proposed ADR Program and related documents, including, to the extent applicable, those enumerated under Section 4 herein; and 5. Payment of corresponding application fee. If the public APO intends to offer ADR training, it shall also submit a proposed training program that complies with the requirements provided under Sections 23 to 28 of Title II of this Circular. Section 17. Assessment and Issuance of Certificate of Accreditation. Upon receipt of the application, the OADR shall make the corresponding evaluation of the proposed ADR program. Upon determination that the foregoing requirements have been satisfactorily complied with, the OADR shall thereupon issue a Certificate of Accreditation for the ADR program. Where the application and its supporting documents are incomplete or defective, the OADR may direct the applicant to make the corresponding corrections or submit additional documentation.

Section 18. Validity Period of Accreditation. The Certificate of Accreditation shall be valid for a period of two (2) years from issuance, without prejudice to renewal, which shall be conditioned upon submission of a new application form, payment of the required fees and compliance with such requirements as may be set by the OADR. Section 19. Effects of Accreditation. The accreditation by the OADR of the ADR program shall have the following effects: a. The ADR program shall be included in the list of public APOs with accredited ADR Programs in the OADRs website. b. Any certification and/or accreditation of ADR practitioners granted by the public APO under the accredited ADR Program shall be recognized by the OADR. For this purpose, the OADR shall also include in its website the list of accredited ADR Programs with link to the accredited practitioners of those public APOs. However, any certification and/or accreditation granted by the OADR to an ADR practitioner under this chapter shall only be for the particular ADR Program and field of practice for which the neutral has been certified and/or accredited by the OADR. Section 20. Compliance Monitoring. The OADR shall monitor compliance by the Public APOs of their commitments with the foregoing guidelines under this Chapter and may revoke any accreditation previously granted upon the same grounds as provided under Section 8 herein. Section 21. Transitory Provisions. 1. The recognition of ADR practitioners certified and accredited under existing government ADR programs shall expire one (1) year after the effectivity of this Circular. Renewal of such accreditation shall be subject to compliance with the requirements provided under Section 10 herein. 2. The recognition of existing ADR programs of Public APOs shall expire one (1) year after the effectivity of this Circular. Renewal of such accreditation shall be subject to compliance with the requirements provided under Section 16 herein. 3. The recognition of ADR practitioners who are already accredited by private APOs at the time of the filing of application for accreditation by the private APOs with the OADR shall be subject to the submission of requirements under Section 10 herein and the corresponding evaluation by the OADR. TITLE II PROGRAM STANDARDS FOR THE TRAINING OF ADR PRACTITIONERS Section 22. Coverage and Applicability. These Standards shall apply to the training of ADR practitioners to enable them to serve as neutrals in ADR proceedings, such as arbitration, mediation, conciliation, early neutral evaluation, mini-trial or any other ADR process.

Section 23. Purpose. These Standards are intended to prescribe minimum requirements for the training of ADR practitioners to ensure that certified or accredited ADR neutrals possess the basic knowledge and skills to serve as such. Section 24. Prior Approval and Compliance Monitoring. The accredited public or private APO conducting the training shall submit a copy of the training program, faculty resumes/curriculum vitae and training materials/modules to the OADR for approval at least one (1) month prior to the intended training date. The OADR may require changes to the training program in accordance with the guidelines set forth herein. The OADR shall monitor any training thereafter conducted and may send a representative to ensure conformity with the approved training program. Any substantial deviation from the approved program without prior written approval of the OADR may be deemed a violation of the Program Standards and may be a ground for the revocation of any accreditation earlier conferred. Section 25. Objectives and Outcomes. All ADR training programs should contain a detailed statement informing the participants of the training objectives and expected outcome in terms of knowledge to be imparted and skills to be taught. The program content should directly meet the objectives and outcomes of the training program. Section 26. Training Faculty. The lecturers, trainors and facilitators shall be composed of persons who have either had advanced training in ADR or work experience of at least three (3) years in the specific area/s covered by the topic assigned. Section 27. Course Content. Any program intended to serve as a basic training and accreditation program for ADR neutrals shall consist of a minimum of twenty-four (24) hours of lectures and/or coursework, and a minimum of sixteen (16) hours of simulations, practical exercises and/or skills training. The training program shall cover, among others, the following areas: i. Discussion of applicable laws, administrative and executive issuances on ADR ii. ADR theory and concepts (For Basic Mediation Course) At a minimum, the following areas/topics should be covered: o Concept of Mediation o Benefits/Advantages of Mediation o Distinction between mediation and litigation; mediation and other ADR processes o Detailed Description/Discussion of the Stages of Mediation (Opening Statements, Joint Discussion, Private Caucuses, Joint Negotiation, Closure) o Different Mediation Styles (Facilitative, Evaluative, Transformative, etc.) o Role of Parties, Counsel and Mediators in Mediation o Ethics o Enforcement of Mediated Settlement Agreements (For Basic Arbitration Course) At a minimum, the following areas/topics should be covered: o Arbitration concepts o Benefits/Advantages of Arbitration

o Distinction between arbitration and litigation; arbitration and other ADR processes o Detailed Description/Discussion of the Stages of Arbitration o Applicable Arbitration Laws & Issuances (Arbitration Act, ADR Act and its IRR, UNCITRAL Model Law, Special ADR Rules of Court) o Special issues and problems (e.g., challenges to arbitrators; interim relief; court supervision and assistance; etc.) o Ethics o Enforcement of and Recourse Against Awards in Domestic and International Commercial Arbitration iii. Subject-matter content, which shall include materials applying the ADR theory and concepts to the types of disputes that are typically or commonly encountered in the field iv. Practical exercises, role plays, simulations or any similar skills based training The foregoing program requirement, as well as the assessment provided in the succeeding paragraph, does not apply if no accreditation and/or certification of the training participants is intended. Section 28. Assessment. As part of the training program, the participants shall undergo either a written or skills assessment to test their understanding and application of the concepts and skills imparted. In case the training covers mediation, conciliation or any other consensus-based process, skills assessment shall be mandatory. Section 29. Apprenticeship/Mentoring. While a program of apprenticeship or mentoring for newly-accredited or certified ADR neutrals is not required, each APO is strongly encouraged to adopt this as part of their continuing education/training for the newly-accredited neutrals. TITLE III COMMON PROVISIONS Section 30. Operational Guidelines. The OADR shall issue operational guidelines within ninety (90) days from the effectivity of this Circular. Section 31. Repealing Clause. All rules and regulations, as well as instructions, issuances or orders or parts thereof inconsistent with this Circular, are hereby superseded and/or repealed accordingly. Section 32. Effectivity. This Circular shall take effect immediately. 17 August 2012. (Signed) LEILA M. DE LIMA Secretary

ANNEX A STATEMENT OF PRINCIPLES FOR ACCREDITED ADR PROVIDER ORGANIZATIONS An ADR Provider Organization (APO) accredited by the OADR to render ADR services to the public shall commit to adhere to the following principles: 1. Quality and Competence An APO shall reasonably ensure that the neutrals it has accredited to provide ADR services are qualified and competent to render such services through a system of training, accreditation, performance monitoring and evaluation, and continuing education. The APO shall take measures to comply with or exceed the training standards set by the OADR, and will continuously strive to improve its training programs or curricula with the aim of providing the highest standards of training for its neutrals. 2. Confidentiality of ADR Process An APO shall preserve and protect the integrity and confidentiality of the ADR process. In this regard, it shall take measures to ensure that no information or communication obtained in the course of an ADR proceeding shall be disclosed without the express written consent of the parties except in those cases allowed or required by law. 3. Neutrality, Fairness, Independence and Impartiality An APO shall reasonably ensure that the rules of procedure governing ADR proceedings conducted under its auspices are fundamentally fair and impartial and that the neutrals performing ADR services are made aware of their obligation to remain neutral, fair, independent and impartial at all times. 4. Ethical Standards An APO shall require its neutrals to adhere to a code of ethical standards that it may draft or adopt, which shall at minimum be consistent with such guidelines or standards as are provided by law. 5. Grievance Mechanism An APO shall adopt guidelines to address grievances or complaints about the Organization, its administration or the neutrals conducting the ADR proceedings, and shall ensure that both the complainant and the subject of the complaint or grievance are fully and fairly heard. 6. Transparency An APO shall be transparent in regard to its processes, procedural rules, administrative guidelines, fees, grievance mechanisms, ethical standards, list of neutrals, training and qualification requirements, and similar matters. For this purpose, the APO shall maintain a website indicating the foregoing and such other additional information as the OADR may require it to disclose. 7. Provision of Statistical and Other Information to OADR Subject to reasonable restrictions that the OADR shall set in order to protect the privacy of parties, preserve the confidentiality of specific ADR proceedings and safeguard the privileged character of information received in the course of an ADR process, an accredited APO shall provide statistical or other information as the OADR may require from time to time in order to monitor, coordinate and assess the development of ADR in the country; evaluate existing ADR programs and processes and design new ones; refine, revise or improve its ADR policies and programs; propose

appropriate changes to ADR laws and other related issuances; and generally, to promote the development of ADR both in the public and private sectors.