ALTERNATIVE DISPUTE

RESOLUTION
R.A. NO. 9285
April 2, 2004
 What is meant by alternative
dispute resolution or ADR?
This is the choice given to parties to a
dispute to choose the mode of resolving
their differences either through
arbitration, mediation, conciliation and
other similar modes thereby avoiding
costly and time-consuming court
litigation.
 State’s policy on ADR
 Under the ADR Law, the state has declared it as its
policy to promote party autonomy in the resolution of
disputes or the freedom of the parties to make their
own arrangements to resolve their disputes.
 The state shall encourage and actively promote the
use of 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; enlist private sector participation
in the settlement of disputes through ADR.
 Ultimate goal of ADR
 The ultimate goal of ADR as
manifested in the declaration of
state policy, is the empowerment
of disputants in the manner of
resolving their disputes.
 Effect of ADR
 As an offshoot of the
empowerment of disputants in a
dispute, it has the effect of de-
clogging court dockets and allowing
them to focus their judicial
attention and resources to
resolving other more pressing
issues before them.
Alternative Dispute Resolution
System
 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.
 Arbitration
 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 R.A.
NO. 9285, resolve a dispute by rendering an
award.

 Arbitrator – the person appointed to render

an award, alone or with others, in a dispute
that is the subject of the arbitration
agreement
 Mediation
 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.
 Mediator- a person who conducts
mediation.
 Conciliation
 The adjustment and settlement of a
dispute in a friendly, unantagonistic
manner. It is oftentimes used on
courts before trial with a view towards
avoiding trial and in labor disputes
before arbitration.
 Mini-trial
 A structured dispute resolution method
in which the merits of a case are
argued before a panel comprising
senior decision makers with or without
the presence of a neutral third person
after which the parties seek a
negotiated settlement.
 Court-Referred/Annexed
Mediation
 Relatively young in Philippines;
 Formally began in 1999 when the Supreme Court
issued A.M. No. 99-6-01-SC;
 First pilot test was held from Dec. 1999 to Feb. 2000
and covered RTC’s, MTC’s of Mandaluyong and
Valenzuela Cities with funding from The Asia
Foundation (TAF);
 Second pilot test was held from July to Sept. 2000
covering selected cities in Metro Manila;
 Third pilot test on Oct.2000 to April 2001.
 Study found 67% of court-annexed mediation
satisfactorily settled their cases.
Cases referred to mediation as
a component of pre-trial
 All civil cases;
 Settlement of estates;
 Ejectment;
 Cases cognizable by the Katarungang
Pambarangay;
 Quasi-offenses or torts;
 Civil aspect of bouncing checks cases, estafa,
and libel;
 Claims for support and custody.
 Court-annexed mediation in
Court of Appeals
 Civil cases brought on ordinary appeal or petition for review;
 Appeals from final orders, awards, judgments, or resolutions of
quasi-judicial agencies in the exercise of their quasi-judicial
functions through petition for review or certiorari;
 Special civil actions for certiorari, except those involving pure
question of law;
 Habeas corpus cases involving custody of minors, with the
consent of the parties, provided that the minor is not detained
for commission of a criminal offense;
 Criminal cases cognizable by the Katarungang Pambarangay,
under R.A. No. 7160, involving offenses punishable by
imprisonment not exceeding one year or a fine not exceeding
P5,000.
 EXISTING COURT ANNEXED
MEDIATION AND JUDICIAL DISPUTE
RESOLUTION PROGRAMS IN THE
PHILIPPINES
COURT ANNEXED MEDIATION
 On October 16,2001 the SC institutionalized
and implemented the mediation program in
the Phils. thru A.M. 01-10-5-SC- PHILJA
 It designated the PHIJA as the component
unit of the Supreme Court for Court Annexed
Mediation
 As court diversion strategy, it simply connotes
a mediation process conducted under the
auspices of the Court
 In this program the assistance of the court is
inevitable.
 SOME DISTINCTIVE
FEATURES OF THE COURT
ANNEXED MEDIATION
PROGRAM
DISTINCTIVE FEATURES
 Cases are those already filed in court
 The mediatable cases are designed and
predetermined by the Supreme Court
 The process is part of Pre-trial
 The referral of these cases is MANDATORY
 Since mediation is part of Pre-trial Courts shall
impose appropriate sanctions
 Only mediators accredited by the SC can mediate
 The designation of a mediator must be confirmed by
the pre-trial judge
DISTINCTIVE FEATURES
 compromise agreement must be
submitted for the consideration or
approval of the Court

 A judgment by compromise based on

the terms of the approved agreement
shall be rendered by the court
 Cases Covered by Mediation
1. All civil cases, settlement of estate and cases
covered by the Rule on Summary Procedure except
those cases which under the law may not be
compromised
2. Cases covered by the Lupon Tagapamayapa under
the Katarungang Pambarangay Law (PD 1508 as
amended by RA 7160
3. Civil Aspect of BP 22
4. Civil Aspect of Quasi-Offenses under Title 14 of the
Revised Civil code such as cases involving
negligence and imprudence
5. Civil aspect of Estafa and libel cases where
damages are sought (A.M. No. 01-10-5-SC-PHILJA
and AM NO. 04-2-04-SC)25 effective August
THE MEDIATION PROCESS
THE MEDIATION PROCESS
 Mediation is part of pre-trial
 Upon appearance of parties for pre-
trial, the judge shall immediately issue
an Order directing the parties (with or
without counsel ) to appear before PMC
Unit for initial mediation conference (
A.C. No. 20-2002
THE MEDIATION PROCESS
 The referral by the Judge of a mediatable
case to the PMC Unit is mandatory
 While referral is mandatory parties willingness
to mediate is crucial
 Being part of Pre-trial if the parties refuse or
fail to appear before the PMC Unit without
justifiable cause sanctions against the
defaulting party shall be imposed by the court
as provided in Sec. 5 Rule 18 of the Rules of
Court
TIME FRAME FOR MEDIATION
 As a rule mediation shall commence
immediately
 Once commenced the proceeding shall
continue and be terminated within 30
days
 An extension of an additional 30 days
maybe granted at the discretion of the
court
 PROCEDURE IN SELECTING A
MEDIATOR
1. The supervisor on duty at the PMC Unit shall
assist the parties in selecting a Court
accredited Mediator
2. He must be mutually acceptable to the parties
3. If the parties cannot agree on the mediator the
supervisor selects and assigns the mediator
4. In both instances the selection must be
confirmed by the court
5. This elevates the status of the mediator as an
officer of the court
 Mediator’s Duty If Mediation
Succeeds
1. To inform the court that mediation
succeeded
2. To furnish the court with the ff
documents
a. the compromise agreement
b. withdrawal of claim
c. satisfaction of claim
Procedure If Mediation Fails
1. To immediately issue a certificate of failed
mediation
2. Upon receipt of a notice that mediation did
not succeed , the court shall immediately
set the case for resumption of Pre-trial
3. Upon termination of Pre-trial, proceeds to
try the case on its merit until judgment
IN THE JURIS PROJECT
How Does the JDR (juris )
Process Work
 The pre-trial Judge conducts an intensive Pre-
trial conference pursuant to Sec. 2 rule 18
Rev. Rules of Court and enhanced Pre-trial
Guidelines in A.M. No. 04-1-12-SC, January
20, 2004

 After going through the process he will ask

the parties or counsel a summary of their
case and discuss this with the pre-trial judge
How Does the JDR (juris )
Process Work
 If the parties agree to mediate , the
Pre-trial Judge shall facilitate the
settlement using his acquired skills as a
mediator

 If the parties still reject mediation the

Pre-trial Judge terminates the pre-trial
process
How Does the JDR (juris )
Process Work
 Issues a pre-trial Order endorsing the
case to the pairing judge for trial on the
merits of the case, or in the absence of
a pairing judge to transmit the records
of the case to Office of the Clerk of
Court for re-raffle to the other branches
(except the pre-trial judge) and for the
court assigned to try and decide the
case on the merits.
THE ROLE OF COUNSEL IN
COURT ANNEXED MEDIATION
DUTIES AND RESPONSIBILITIES
OF COUNSEL IN MEDIATION

 Preparing Client for Mediation

 Participation in Mediation Session
 Assistance in Preparation of the
Compromise Agreement
 The Role of Counsel
 Re-orient lawyers and judges on
attitudes towards dispute
 Accepting SHIFT from a combative or
adversarial process to mediation
 The innovative approach views the
conflicts as a problem solving
opportunity for lawyers
OTHER RELEVANT MATTERS ON
LAWYER’S ROLE

RESPONSIBILITIES IN COURT
ANNEXED MEDIATION
OTHER RELEVANT ROLES
 The Marketing of Cases as Mediatable
 MCLE Requirements includes five (5)
units in ADR
 Encourage lawyers to participate in
mediation unlike in the Barangay
Justice System
ROLE OF JUDGE IN COURT
ANNEXED MEDIATION
 ROLE OF THE JUDGE
1. Referral by the trial courts of Mediatable
cases is Mandatory
2. The court shall impose appropriate
sanctions upon parties who fail or refuse to
appear before the mediation center
3. The designation/selection of mediator is
affirmed/confirmed by the Judge
4. The compromise agreement entered into is
submitted for consideration and approval
ADMINISTRATIVE ROLES
AND FUNCTIONS OF
JUDGES
A. IN GENERAL
 The Executive Judge and Presiding
Judge are Directed to assists and
support the Philippine Judicial
Academy in the organization ,
maintenance and operation of the
Philippine Mediation Center Units
B. SPECIFIC DUTIES/ROLES OF
EXECUTIVE JUDGES
1. Remind Presiding Judges to refer
cases for mediation office
2. Assists In providing a mediation
office
3. Designate a clerk in charge
4. Direct and ensure the collection
and deposit mediation fees
SPECIFIC DUTIES/ROLES OF
PRESIDING JUDGES
1. Extend the mediator assistance during
mediation proceedings
2. Refer mediatable cases to PMC
3. Direct his Branch Clerk to conduct a
Monthly Inventory of Mediatable cases
4. Monitor the case flow of cases being
mediated