QUIZ - Group B

PALE - GROUP B REPORT
1. Alternative Dispute Resolution System" means 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. (TRUE)
2. Mediation is a settlement of a dispute or controversy by setting up independent

person between two contending parties in order to aid them in the settlement of
their disagreement. (TRUE)
3. Arbitration is the process of adjusting or settling disputes in a friendly manner

through extra judicial means. Conciliation means bringing two opposing sides
together to reach a compromise in an attempt to avoid taking a case in trial.
(FALSE)
4. Conciliation is the submission of a dispute to an unbiased third person

designated by the parties to the controversy, who agree in advance to comply
with the award- a decision to be issued after hearing at which both parties have
an opportunity to be heard. (FALSE)
5. The objectives and benefits of ADR are speedy and Impartial Justice, and
Declogging of Court Dockets. (TRUE)
6. Conflict refers to the friction between incompatible parties and their differences.
(TRUE)
7. ADR utilizes means and methods not allowed by law. (FALSE)
8. It is any activity in or out of court which requires the application of law, legal
procedure, knowledge, training and experience. (PRACTICE OF LAW)
9. It is 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 (MEDIATION)
10. It is conducted prior to the pre-trial where the judge refers the parties to
the Philippine Mediation Center (PMC) for the settlement of their dispute by
trained and accredited mediators (COURT-ANNEXED MEDIATION)
11. A conduct which is so wilful, flagrant, or shameless as to show indifference to

the opinion of good and respectable members of the community. (IMMORAL
CONDUCT)
12.It is any agreement entered into because of the actual or supposed influence to
administrative or executive officers in the discharge of their duties which
contemplates the use of personal influence and personal solicitation rather than
any appeal to the judgement of the officer on the merits of the object sought
(INFLUENCE-PEDDLING)
13.14. Cite at least two of the four-fold duties of Lawyers
1. Lawyers must perform their four-fold duties to society;
2. The legal profession;
3. The courts;
4. Their clients, in accordance with the values and norms of the legal profession.
(Gala vs. Bala, 476 SCRA 85, 2005)
15. After mediation, what is the nature of the settlement which is binding between the
parties. (NATURE OF A CONTRACT)
16. Information obtained through mediation shall be privileged and _________.

(CONFIDENTIAL)
17. According to Canon 15 of the Code of Professional Responsibility, what

is required in order for the lawyer may act as mediator, conciliator or
arbitrator in settling disputes. (WRITTEN CONSENT OF ALL CONCERNED)
18-20.) Give at least three (3) roles of a lawyer in negotiations:
 They acknowledge the client’s central role and, in particular, do not speak for the
client; instead, attorneys offer advice, guidance and information.
 They do not challenge or cross-examine the other party, spar with the other
attorney or, in other ways, treat mediation like litigation.
 Attorneys maintain a supportive, cooperative demeanor and demonstrate

commitment to the mediation process by words and behavior. They do not treat
mediation as an adversarial process or as a means for finding the truth; instead,
they acknowledge the importance of searching for solutions. Attorneys assist in
defining the issues to be resolved.
 They provide normative information, usually in private, about the benefits and
risks of specific proposals.
 They act as an agent of reality, helping the client to balance the risks of accepting
or rejecting settlement offers and the potential complications of presenting the
case to a third party for decision as well as the time, stress and expense of a trial.
 Attorneys help manage the process by asking for breaks, for opportunities to
speak privately with the client or for a private meeting with the mediator.
 They assist clients to communicate by summarizing discussions or clarifying

matters that are confusing or where miscommunication is preventing
constructive problem-solving, or worse, leading to increased conflict.
 They help clients stay focused on the issues at hand, the information presented
and options for settlement as well as remain calm as they deal with frustration
over the pace of progress or feeling overwhelmed by direct confrontation with the
other party.
 Attorneys encourage clients to find creative solutions that will resolve the
dispute.
 They draft documents as required.

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PALE - GROUP B REPORT

1. Alternative Dispute Resolution System" means any process or procedure used to

2. Mediation is a settlement of a dispute or controversy by setting up independent

3. Arbitration is the process of adjusting or settling disputes in a friendly manner

4. Conciliation is the submission of a dispute to an unbiased third person

7. ADR utilizes means and methods not allowed by law. (FALSE)

9. It is a voluntary process in which a mediator, selected by the disputing parties,

11. A conduct which is so wilful, flagrant, or shameless as to show indifference to

13.14. Cite at least two of the four-fold duties of Lawyers

1. Lawyers must perform their four-fold duties to society;

2. The legal profession;

16. Information obtained through mediation shall be privileged and _________.

17. According to Canon 15 of the Code of Professional Responsibility, what

18-20.) Give at least three (3) roles of a lawyer in negotiations:

 Attorneys maintain a supportive, cooperative demeanor and demonstrate

 They assist clients to communicate by summarizing discussions or clarifying

 They draft documents as required.

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