Alternative Dispute Resolution under RA 92851. Nature and concept of ADR

Promote party autonomy in the resolution of disputes Gives freedom to parties to enter into their own arrangement

Achieve speedy and impartial justice

Declog court dockets

Efficient tool and an alternative procedure for dispute resolution

Cost effective

Lawyers are not prohibited in the proceedings

Lawyers are allowed to attend mediation and their role is that as an adviser, consultant, of free legal aid councilor for indigent litigants particularly in the drafting of the compromise agreement or they can be mediators themselves. [AM No. 04-3-05] and Bar Matter 2012

Personal appearance of the parties required

Mediation is the wave of the future

Case: Frabelle Fishing Corp. v. PhilAm Properties Gr. No. 158580, August 17, 2007

The gateway of Filipino Lawyers into international/legal practice Arbitration Clause

Lecomcen Incorporated vs. Foundation Specialist Inc. Gr. 167022/169678, August 31, 2007 [Jurisdiction of CIAC]

Metro Construction Inc. vs. Catham Properties Inc. Gr. No. 141897, September 24, 2001 [Appeal of CIAC decision to CA under Rule 43]

Magellan Capital Management Corporation v. Rolando Ms. Zosa and Hon. Jose P. Soberano in his capacity as presiding judge, GR. NO. 129916, March 26, 2001 [Arbitration Clause] Philippine Economic Zone Authority v. Edison Cogeneration Corporation, G.R. No. 179537, Ocotber 23, 2009 [Separability Doctrine]

2. Means to settle dispute

Arbitration

a. International Commercial Arbitration

b. Domestic Arbitration

c. Arbitration of Construction Disputes

Mediation

Conciliation

Evaluation of Third Person

Mini Trial

Mediation Arbitration or combination thereof

3. Parties cognizable

Complaint respondent

ADR provider and practitioner

Liabilities of parties

Parties to Arbitration: Del Monte USA v. Court of Appeals, February 27, 2001

4. Jurisdiction Mediatable cases Coverage5. Arbitral Award

Judicial Review of Arbitral AwardCourt Annex Mediation (CAM)

Part of the pre-trail conference and is mandatory

Form of ADR

Coverage:a. All civil cases

b. Settlement of estate

c. Cases cognizable by Lupong Tagapamayapa

d. Cases covered by the Rule on Summary Procedure

e. Civil aspect of imprudence and negligence under Title 14 of the Revised Penal Code

f. Family law issues such as support, custody, validation, guardianship of minors and property matters

g. In criminal cases, the civil aspect or claim for damages for violation of BP 22, libel and estafa

Not Covered:a. Acts of violence against women and their children

b. Criminal violation of tax laws

c. Civil forfeiture under the Anti Money laundering, cannot be referred to mediation

d. Civil status of persons

e. Validity of marriage

f. Legal separation (counseling is more appropriate)

g. Ground for legal separation

h. Future support

i. Legitimacy

j. Jurisdiction of Courts

Techniques utilized in Court Annex Mediation

a. Conciliation

b. Arbitration

c. Early Neutral Evaluation

d. Judicial Dispute Resolution

e. Early Neutral Evaluation

f. Mini Trial

g. Mobile Court Annex mediation inside the enhanced justice on wheels buses that go where there are mediation centers

Other forms of ADR which are already components of our judicial system a. Enhanced pre-trial

b. Application of discovery modes (A.M No. 03-01-09, August 14, 2004)

c. Rule on Summary Procedure

d. Diversion of children in conflict with the law (RA 9344) SC Rules on Juveniles in Conflict with the law

e. The requirements of earnest family efforts towards compromisef. Barangay Certification to file action

g. Night courts

h. Procedure in small claim cases

Basic Procedure

Mediator trained and accredited mediator of the Philippine Mediation Center

Mediation is conducted for 30 days If the mediation ends in settlement, either a compromise agreement, a joint motion to dismiss the case by the parties or a manifestation of the plaintiff that the civil claim has been satisfied is submitted to the court for approval.

A compromise agreement is the law between the parties and such is binding on them, they are expected to abide by it in good faith.

If mediation fails, the case is returned to the court with dispatch

Judges conducts judicial dispute resolution first

If still unsuccessful, then the case is set for enhanced pre-trial conference and thereafter for trial by, for neutrality, a trial judge who usually has no knowledge of what happened in the mediation.