Golez, Sarah Monique Nicole Antoinette P.

G01
11592141 Special Proceedings

ADR: from angry public to strategic collaboration

Forum Report

Alternative Dispute resolution is a method of settling disputes outside of the court

of law. It is a process where parties agree to resolve their issues through one of the
various alternative dispute resolutions such as arbitration, mediation, conciliation. This is
an alternative to the traditional means of settling disputes in a court room as it provides
the parties involved a means to settle their dispute in a speedier or timely procedure.

Last March 27, 2019, De La Salle University-College of Law, held a forum on

Alternative Dispute Resolution entitled Public ADR: From Angry Publics to Strategic
Collaboration. The Guest speaker, Mr. David Fairman, Ph.D., from the CBI and Public
Consensus Building discussed the role of alternative dispute resolution in strategizing or
creating solutions in order to settle public disputes, and resolve conflicting interests
between parties amicably.

Initially, he discussed what is considered to be a public dispute. In his discussion,

he stated that a public dispute is a form of disagreement over an issue that is, or could
be, the subject of government action. Often times, the parties involved are public and
private actors such as government agencies, public officials, whether appointed or
elected, community members, or Non-Governmental Organizations. these parties are
termed as the stakeholders in the process of how an issue is addressed because they
are usually the ones that will be directly affected by the issue.

Public Disputes often come from disagreements over the facts or relevant
information, incompatible or conflicting interests, clash of values and identities, negative
relationships due to lack of trust or historic tension among the groups or parties involved,
other factors of public disputes also arise from unequal representation, unequal control
of power, authority, and resources, economic and political changes.

Mr. Fairman then tackled the key elements of public dispute resolution and what
makes it different from court resolved disputes. He stated that in an ADR, all stakeholders
or parties must be represented, they themselves must build a shared understanding of
their respective interests and issues at stake. It is the parties that shall develop the options
that could address the issues at hand and generate mutual gains. In ADR, it is the parties
that shall negotiate the agreements that would satisfy every party’s primary interests and
public goals. Finally, where relevant, the parties may seek to institutionalize collaboration.

In Alternative Dispute Resolution, particularly in Public Dispute Resolution, Mr.

Fairman discussed the parties involved in ADR as well as the process of resolution. Often
times there are three major parties: the stakeholders, who are the parties involved in the
dispute; the convener, who is sponsoring or organizing the dispute resolution process;
and the Assessor or Facilitator, who facilitates the ADR process.

The key steps to take note of in ADR are the following: Assess the potential, Design
and Decide the process, Clarify the facts and options, seek mutual gains, reach
agreement, implement, adapt, and learn. Mr. Fairman called this “strategic collaboration”
because it fosters mutual understanding and stronger relations between the parties,
further its implementation requires effort on both parties to uphold their agreement. The
outcome of the success of the collaboration of the parties fosters a collaboration among
the stakeholders involved.

In these steps, the stakeholders produces a shared insight as to the key drivers of
the dispute such as the problem itself, its source, or the policies or politics surrounding
the dispute. The stakeholders then design the process on how they will achieve their
shared ambition, address their power difference, and determine all forms of engagement.
In order to resolve the dispute between the parties. The parties are also involved in
clarifying the facts in which the dispute between them arose and to determine their options
in resolving the same. The parties then create or formulate a decision or agreement that
would secure their mutual gains and reflect wise trades. This decision facilitates the
production of a mutual understanding and stronger relationships between the parties.

Lastly, Mr. Fairman discussed that although Alternative Dispute resolution does
not require a lawyer or legal practitioner to facilitate such, lawyers still play an important
and indispensable role in the success of an ADR.

Stakeholders may require the counsel or guidance of lawyers in order to ensure

that the parties do not come to an agreement that may be unenforceable, void, or to
ensure that each party’s rights are not prejudiced in the negotiation or dispute settlement.
Lawyers also play a role in determining the legal background of the issue, to inform ADR
goals, strategy and process.

Lawyers may also be appointed as facilitators or mediators, that help develop a

process that builds on and goes beyond the contract and settlement negotiations, or
judicial arbitration.