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Questions:

1. Which among the following terms is defined as “a


system, using means and methods allowed by law and
approved by the parties, for the purpose of resolving or
facilitating the resolution of disputes and controversies
between them, in an expeditious and speedy manner,
without resorting to court adjudication?”

a. Mediated Settlement Agreement


b. Conciliation
c. Alternative Dispute Resolution
d. Arbitration
BRIEFER: It must be noted that the aforementioned
definition is just one of the working definitions of the term,
Alternative Dispute Resolution. In the ADR Act of 2004, the
term is defined as “any process or procedure used to resolve
a dispute or controversy, other than by adjudication or a
presiding judge of a court or an officer of a government
agency in which a neutral third party participants to assist
in the resolution of issues.”
2. Which of the following terms are not considered as
principles of ADR?

a. Promotion of party autonomy and self-determination


in the resolution of disputes
b. Declogging of court dockets and speedy
disposition of justice
c. Recognition of ADR as an efficient tool and an
alternative procedure for the resolution of cases
d. Enlisting of private sector participation

3. What is the ultimate objective of ADR?

a. Speedy and impartial justice


b. The resolution of a dispute or controversy without
undergoing trial
c. The utilization of the cheapest means and methods
allowed by law in settling disputes
d. Declogging of court dockets
BRIEFER: Remember that the main point of the ADR is,
from the term itself, to seek alternative ways to resolve
controversies with the intent of minimizing the delay in the
delivery of justice brought about by the high number of cases
that require the resolution of a limited number of courts.
4. Alternative Dispute Resolutions often boasts of different
features. This particular feature of ADR speaks of the
parties being given the freedom to agree to resolve their
dispute and decide on the procedure therefore. Which
feature is being described in the preceding statement?

a. ADR is avoids court trial


b. ADR is a means used to resolve dispute or
controversy
c. ADR is contractual in nature
d. ADR is consensual in nature
BRIEFER: This feature of ADR emphasizes its promotion of
party autonomy when it comes to resolving judicial
controversies. As such, the parties in dispute are given the
freedom to agree to resolve their dispute and decide on the
procedure therefor; provided, of course, that just like any
contract, its stipulations must not be contrary to law,
morals, good customs, public order or public policy.
5. This particular feature of ADR speaks of the
involvement of another party in the resolution of a
dispute.

a. ADR usually involves the participation of a partial


third party
b. ADR usually involves the participation of a
neutral third party
c. ADR is a means to resolve a controversy
d. ADR is a means to resolve a dispute
BRIEFER: The neutral third party in ADRs may serve
various roles. They may be the arbitrator, mediator,
conciliator, or neutral evaluator. Regardless of the name of
the role taken by the third party, it is always imperative in
proper ADRs that the third party would observe neutrality at
all times. This neutrality is checked by the requirement of
third parties to disclose any factor that may influence the
performance of their duties in the conduct of the ADR.
6. The following are the essential features of ADR, except:

a. ADR utilizes means and methods allowed by law


b. ADR is contractual in nature
c. ADR promotes party autonomy and self-
determination in the resolution of disputes
d. ADR avoids court trial

7. The following are the sources of ADR except for one:

a. Decisions of the Regional Trial Court


b. Acts of the Executive Branch
c. International laws
d. General principles of law and equity
BRIEFER: There are five sources of rules in ADR. These are
(1) Domestic laws and rules, (2) Acts of the Executive
Branch, (3) Decisions of the Supreme Court, (4)
International Laws, and (5) General principles of law and
equity.
8. Which of the following is considered as a form of ADR?

a. Family Court Trials


b. Appeals
c. Summary Proceeding
d. Mini-trial
BRIEFER: Remember that ADRs are alternatives to court
proceedings in settling judicial controversies. Family court
trials, appeals, and summary proceedings all require the
participation of the court.
9. The following are all forms of ADR. Which form of ADR
is defined as “an arrangement whereupon a third party,
appointed in accordance with the agreement of the
parties, or rules promulgated pursuant to the ADR Act,
resolve a dispute by rendering an award.”?

a. Conciliation
b. Arbitration
c. Mini-trial
d. Mediation
BRIEFER: The keyword here is the presence of an award.
Among the nominate forms of ADR, it is only in arbitration
where an award is rendered at the end of the process.
10. Which of the following terms is defined as “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?”

a. Mediation
b. Conciliation
c. Arbitration
d. Mini-trial

11. Which of the following forms of ADR is defined as


“the adjustment and settlement of a dispute in a
friendly, unantagonistic manner?”

a. Mediation
b. Conciliation
c. Arbitration
d. Mini-trial
BRIEFER: The word Conciliate comes from the latin term,
Conciliare, or to unite. It is in keeping with this etymology
that this form of ADR puts emphasis on a friendly,
unantagonistic relationship between the parties involved.
12. Which of the following forms of ADR is defined as
“the voluntary process in which a mediator, selected by
the disputed parties, facilitates communication and
negotiation, and assists the parties in reaching a
voluntary agreement regarding a dispute?”

a. Conciliation
b. Arbitration
c. Neutral and early neutral evaluation
d. Mediation
BRIEFER: The keyword here is the word mediate.
13. This form of ADR is a process wherein the parties
and their lawyers are brought together to present
summaries of their cases and receive a non-binding
assessment by an experienced neutral person with
expertise in the subject or in the substance of the
dispute.

a. Summary evaluation
b. Early summary evaluation
c. Neutral evaluation
d. Early neutral conciliation
BRIEFER: The word to note here is the existence of a “non-
binding assessment” as the end result of the process. From
the term itself, this form of ADR merely seeks a neutral
evaluation – or an assessment – when the summaries of the
cases of the parties involved are weighed objectively.
14. ADR can be classified in seven ways. Which of the
following is not one of the seven:

a. As to number of judges
b. As to the number of parties
c. As to the number of issues
d. As to the role of evidence in the proceedings
BRIEFER: This is a trick question. Remember that ADRs are
alternatives to court proceedings. Hence, there are no judges
included in the equation.
15. Every ADR is expected to have four components.
Which of the following is not one of the four components
necessary for an ADR?

a. Civil status of persons


b. Contending parties
c. Dispute or controversy
d. Form
BRIEFER: The question is looking for the essential
requisites for an ADR. The four requisites are (1) contending
parties, (2) dispute and controversy, (3) form of ADR, and (4)
ADR provider or practitioner. The civil status of the
contending parties is immaterial.
16. This component of ADR is an institution or person
accredited as mediator, conciliator, arbitrator, neutral
party evaluator, or any person exercising similar
functions in an ADR system.

a. ADR magistrate
b. ADR coordinator
c. ADR de oficio
d. ADR provider

17. Which of the following can be a subject of ADR?

a. Criminal liability
b. Future legitime
c. Civil liability arising from the offense
d. Civil status of persons
BRIEFER: While it is true that criminal liability is not
susceptible of ADR and must instead require the
intervention of an authorized court, civil liability arising from
the offense and the separate civil liability of quasi-delict
based on the art or omission constituting the offense are
proper subjects of ADR.
18. Which of the following cannot be a subject of ADR?

a. Separate civil liability arising from an offense


b. Custody of minor children subject to court approval
c. Any ground for legal separation
d. Support pendente lite
BRIEFER: Marriage is a matter over which the state has a
keen interest to protect. Hence, it is subject to court
intervention.
19. The seat of ADR is _______?

a. The jurisdiction under whose law the proceeding


is being conducted
b. The actual site where the arbitration is being
conducted
c. The venue of the ADR
d. The place of the ADR

20. This refers to the actual site where the arbitration


is being conducted.

a. The territorial jurisdiction of ADR


b. The venue or place of the ADR
c. The barangay hall
d. The city hall
BRIEFER: Venue and seat are different terms. While the
seat speaks of the jurisdiction under whose law the
proceeding is being conducted, the venue merely speaks of
the actual site where the arbitration is being conducted.
Thus, it is possible for the venue or the place of arbitration
to be in a country different from the country where the
arbitration has its seat.
21. This term refers to the partial or final decision of
the arbitrator in resolving the issue in a controversy.
a. Compromise agreement
b. Mediated Settlement Agreement
c. Arbitral Award
d. Compromise Award

22. This term refers to a contract whereby the parties,


by making reciprocal concessions, avoid litigation or
put an end to one already existing.

a. Consensual contract
b. Judicial agreement
c. Compromise agreement
d. Consensual agreement
BRIEFER: If the controversy subject matter of the
compromise agreement is also the subject of litigation, the
compromise agreement can be submitted to the court or
tribunal for approval, and such approval is usually
contained in a judgment based on compromise.
23. This refers to a statement renouncing any right or
claim involved in a controversy by one party in favor of
the other.

a. Release contract
b. Statement of release
c. Judicial release contract
d. Quitclaim
BRIEFER: If the waived right or claim is also the subject of
litigation, the waiver or quitclaim can be submitted to the
court or tribunal and become the basis of the dismissal.
24. This is the remedy available for the review of
decisions and awards of ADR providers and
practitioners.

a. Petition for Certiorari under Rule 65 of the Rules of


Court
b. Appeal by Certiorari to the Supreme Court
c. Petition for Review under Rule 43 of the Rules of
Court
d. Petition for Review under Rule 42 of the Rules of Civil
Procedure
25. Who among the following individuals appoints the
Executive Director of the Office of the Alternative
Dispute Resolution?

a. The Secretary of Justice


b. The Senate President
c. The President of the Philippines
d. The Chief Justice of the Supreme Court

26. The following are the principal objectives of the


Office of the Alternative Dispute Resolution, except:

a. To promote, develop, and expand the use of ADR in


the private and public sectors through information,
education, and communication;
b. To be bound by the internal mediation and
administrative policies of such institution;
c. To act as appointing authority of mediators when the
parties agree in writing that it shall be empowered to
do so;
d. To compile and publish a list/roster of ADR
provider/practitioners, and to compile a list or roster
of foreign or international ADR
providers/practitioners.
1. The class shall be
divided into five groups
of six to seven
members each. Each
group must send a new
representative to
compete per round.
There shall be no
repeat representations
until all members of
the group have had the
chance to compete.

2. Each round will


feature a multiple
choice question. The
group representatives
must write the letter of
their chosen answer on
the whiteboard after
the host says “GO!”
and before the time
limit is up. Each round
shall be given a
window of opportunity
of 10 seconds.

3. Every correct
answer will award the
group with an “x”
number of points. The
number of points
awarded will be in
progression, and all
points accrued are
POINT PROGRESSION
temporary until
“banked” by the group
representative. a. 1
b. 2
4. Points accrued by c. 3
the group which are d. 5
left unbanked shall e. 8
diminish should the f. 13
group representative g. 18
obtain a wrong answer. h. 23
i. 29
5. Banking can only be j. 35
done at the start of a k. 41
round, before the l. 47
question is presented. m. 54
Upon banking, the n. 61
amount of points o. 68
awarded reverts to the p. 75
base value. q. 82
r. 90
6. All points banked by s. 98
the groups can be used t. 106
after the game in a u. 114
Token Economy v. 122
system, with the points w. 131
used as currency to x. 140
purchase different y. 149
items to be delivered z. 158
next meeting. Points
cannot be combined Token Economy
between groups.
1 pt. = 1 Maxx Candy
2 pts. = 1 Chewy Choco
6 pts. = 1 Choco
Mallows
7 pts. = 1 Cloud9
Chocolate Bar
8 pts. = 1 Roller
Coaster Pack
12 pts. = 1 Piatos/Nova
Pack
15 pts. = 3 Cloud9
Chocolate Bars
20 pts. = 4 Choco
Mallows
30 pts. = 3 Piatos/Nova
Packs
50 pts. = 1 Henlin
Hopia Pack
100 pts. = 3 Henlin
Hopia Pack
200 pts. = 1 Bucket of
6pcs. Chickenkoy*

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