Académique Documents
Professionnel Documents
Culture Documents
RESOLUTION
Submitted By:
1) The misuse of the due process and the abuse of legal technicalities;
3) Sheer weight of the court litigations arising from development and growth;
1) An efficient and mismanaged court system that fails to act promptly on legal
issues ;
5) The lawyers propensity to elevate their cases to the appellate courts and
needlessly filing petitions for mandamus, prohibition and certiorari for the
The choice between a litigation and settlement is clear. He would rather cut
through the chase and solve his disputes swiftly and move on with his life.
AGAN v. PIATCO (GR> NO. 15501)-SC ordered all affected parties to comment
filing a request for arbitration with the secretariat of the Internation chamber of
justice.
providers to serve those who need to resolve most types of consumer, civil,
-Parties generally agree to enter the private court system for one main
-“vigilante justice”
-Judges, selected by the parties and are paid on an hourly or a per session
basis, are for rent not for sale. They are paid for their time and their expertise, not
perfect system, it offers enormous savings in time, effort, anxiety, money in the
long haul.
Two fundamental reasons for failure of trial courts according to Ralph Warner and
Stephen Elias:
1) Court Rules and Procedures are so complicated and inefficient that lawyer
fees and other costs end up being a bigger problem than the dispute itself.
2) Winner take-all sustem defies logic, encourages lying and generally brings
the conflict.
-some parties get afflicted with AVOIDANCE SYNDROME (disregarding the
costs involved)
3) Parties choose their conflict resolution methods and select their strategies
ADR aims to solve the conflict not win the lawsuit which is the aim of litigation.
parties.
1) When you need to establish a legal precedent, such as the validity of the
2) When you need to publicy prove the truth, such as when a customer’s
complaint about the product quality or safety has received wide attention in
3) When your company’s legal rights have been infringed and you stand a
“Alternative” comes from the word “alternate” which means substitute, spare tire,
Which is wrong because litigation should be the LAST option not ADR.
Limitations of ADR
2) Anti-trust suits
3) Probate
4) Adoption
7) nuisance
If related issues of the following are matters in controversy may not be capable of
2) Validity of Marriage;
4) Futures support;
5) Future legitime;
A culture of PAKIKISAMA
Litigation is what many Filipino Lawyers do best. Students of law are trained to
think like lawyers, but they are not prepared to deal with they should do best: solve
their client problems and resolve their disputes with the least amount of time and
expense. The key to decongest the courts is that students should be trained to be
sensitive to their client’s wishes to settle their conflict or dispute swiftly and without
Filipino Values
1) Pakikiusap-request and
2) Pakikisama-Companionship
2) Pasikaban (one-upmanship)
3) Bahala na (fatalism)
4) Gantihan (retaliation)
Impede settlement and plays key roles in clogging the courts with frivolous suits
that are brought just to “Save face” or to give a “lesson to the opposing party.
But, positive aspects of Filipino culture that may tend to mitigate the Filipino
barangay level, which will in turn allow the courts to speed up the adjudication of
already pending cases. This again relates to the access-to-justice problem in the
country.
To ensure that the goal is met, the Local Government Code makes KP mediation
and conciliation a condition precedent to the filing of cases in court. 7 Though non-
compliance does not result in jurisdictional defect thereby rendering the court
proceedings void ab initio, such failure, if seasonably raised, makes the case
1) Labor Arbitration
personnel policies. The original and exclusive jurisdiction of which falls with
2) Construction Arbitration
Tesco v. Vera-While it is true that the CIAC shall have original and exclusive
involved in the construction industry in the Philippines, the parties must first
matter.
3) Consumer Arbitration
Consumer Act of the Philippines (RA no. 7394) provides for the creation of
4) Matrimonial Mediation
Disputes between couples that are civil in nature may be the subject of
Code.
d) future support
e) future legitime
5) Corporate Arbitration
Corporation Code provides for the mechanism to resolve corporate
disputes. The SEC can exercise its power to arbitrate the dispute upon written
6) Partnership Arbitration
The CC states that is beyond the authority of one or more but less than all
needed to carry out the plant to resolve partnership disputes without a court
trial.
7) Administrative Arbitration
8) Environmental Mediation
9) Executive Arbitration
15) IP Arbitration
16) Securities Arbitration
(I-H-I-M-I-S)
legal technicalities;
in court cases;
6) Court vacancies.
Definition of Terms:
Arbitration
private and the decision of the persons selected will be a substitute for a court
judgment. This avoids the formalities, delay and expenses of ordinary litigation.
Mediation
A dispute resolution procedure in which an impartial third party, mutually
chosen by the parties, acts as the referee to help the contending parties settle
their dispute. The mediator, unlike the arbitrator, has no authority to make the
conciliation.
Mini-trial
makers with or without the presence of a neutral third person after which the
mediator.
Method of resolving the claims of a huge class of claimants with the least
just like mediation it is a non binding hearing; the neutral party is allowed
to express his opinions and views about the case and will be obligated to
approval.
Mass Tort ADR Projects (Manville Personal Injury Settlement Trust and A.H
Robbins bankruptcy for claims of asbestos sufferers and for claims related to the
complete with a court reporter and the observance of the strict rules of evidence.
Mock-Jury trial
a “mock jury contract” sets forth all the provisions government the dispute
resolution process chosen by them, including how the mock jury proceedings will
be conducted.
Ombudsman
inside the organization. The objective is to solve problems and disputes quickly
Process Consultation
Court-Annexed Mediation
means any mediation process conducted under the auspices of the court,
2) Fear of lawsuit will result in an outcome far more adverse than reasonably
anticipated
activities
flames, the mediator will change colors-may not render a binding award as an
acts as a moderator in large meetings, acting as traffic police officer directing the
flow of traffic in the meeting and seeing to it that everyone says his piece during
the forum.
settlement of disputes between two big companies that are at loggerheads over
governing the conduct of discovery, how hearing will be handled and a few more
important stipulations.
or chosen by the parties design a set of claims procedures and forms that will be
is allowed to express his opinions and views about the case and will be obligated
to formulate an advisory opinion to be submitted to the parties for review and
approval.
Conciliation uses a neutral third party to clarify issues in dispute so that the
a court reporter and the observance of the strict rule of evidence but the parties
may agree to modify or disregard most formal rules of procedure, evidence and
Ombusdman
Process consultation the process consultants (PC) differs from the meditator in
that there is no discussion of the specific issues or any attempt to solve them.
Thus, process consultants are often more like counselors who help parties to get
along better so that they can engage in better negotiation and problem-solving.
understand not just your own needs but the needs of other party.xxx”
Jesus and Socrates were two of the best negotiators of history. One is a form of
Rock and a Hard Place- The rock is litigation, which as a means of resolving a
dispute is frustrating, time comsuiming, expensive and full of friction. The hard
accord between two disputants, each of whome has strong feelings about the
business”)
1) The wince
Well-timed flinch at the exact moment when the other party announces his
terms.
2) Silence
Staying absolutely quiet after making your offer or when the other party says
3) Good guy/bad-guy
Working with an actual partner to make it appear to the other party that
accepting the offer of the “good guy” is a much better alternative than giving
4) Limited authority
5) Red Herring
6) Trial Balloon
Raising questions designed to peek into the other party’s position without
chipping away at the terms of the original offer until the offer has been
severely altered
8) The Bait and switch-advertising one product to bring people inside the store
the deal
11) The vise-applying verbal pressure to force the other party “To do better”
13) Nibble-waiting for the major terms of the deal to be settled then asking for
over a period of time to convey the impression that the other party is getting
a “good deal”.
expense of the other and employ hard line tactics, such as exaggerating
claims or even threatening to abandon the discussion if he does not get his
way.
than an intimidator.
Class of negotiations
involves the willing disclosure of all germane information to the other party
other side of the least possible cost and at the shortest possible time.
2) Agree on easier terms first and skip over the points that are bogging you
3) Emphasize shared goals, get back to common ground and start building up
again
4) Reduce complexity, break down complicated negotiations into pieces and
6) Fine tune your agreement so that there is something that both of you can
find acceptable
8) Calling a time out when things get rough and not going your way.