ALTERNATIVE DISPUTE RESOLUTION | BUKIDNON STATE UNIVERSITY

RA 9285: AN ACT TO INSTITUTIONALIZE THE USE OF AN

ALTERNATIVE DISPUTE RESOLUTION SYSTEM IN THE PHILIPPINES a voluntary process in which a mediator, selected by the
AND TO ESTABLISH THE OFFICE FOR ALTERNATIVE DISPUTE disputing parties, facilitates communication and negotiation,
and assist the parties in reaching a voluntary agreement
RESOLUTION, AND FOR OTHER PURPOSES
regarding a dispute.
Policy of the State in ADR
- It is hereby declared the policy of the State to actively promote party
autonomy in the resolution of disputes or the freedom of the party to
make their own arrangements to resolve their disputes. Towards this
end, the State shall encourage and actively promote the use of
Alternative Dispute Resolution (ADR) as an important means to
achieve speedy and impartial justice and declog court dockets.

Definition of terms

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;

means 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 this Act,
resolve a dispute by rendering an award

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Bukidnon State University – College of Law
 ALTERNATIVE DISPUTE RESOLUTION | BUKIDNON STATE UNIVERSITY

MEDIATION ARBITRATION
Exception to th application of ADR law
Does not render an award but only
arranges the facts to be negotiated so The arbitrator acts as an outof- court
that the parties can come to a judge and settles the dispute extra-
compromise agreement. He assists judicially. He makes a determination
the parties in reaching a mutually of the facts to resolve a dispute
agreeable settlement of their dispute independently of the actual result
through directnegotiations. desired by the parties.

There is only mediation settlement.

As a rule a mediator cannot make an
award but the mediation settlement
can be an award provided that it is
reduced into writing signed by the
parties and their counsel and the Advantages of ADR
mediator. There is an arbitral award

Failure to comply with such

mediation settlement will give the
right to the parties to go to court for
the enforcement of that mediation
settlement.

Party provides for the terms and

Award is rendered by a 3rd person
conditions

Ways ADR is implemented

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Bukidnon State University – College of Law
 ALTERNATIVE DISPUTE RESOLUTION | BUKIDNON STATE UNIVERSITY

Confidentiality of Arbitration proceedings RA 7160: LOCAL GOVERNMENT CODE

CHAPTER VII – KATARUNGANG PAMBARANGAY

Functions of Lupong tagapamayapa:

o Exercise administrative supervision over the conciliation panels provided

herein;
o Meet regularly once a month to provide a forum for exchange of ideas among
its members and the public on matters relevant to the amicable settlement of
disputes, and to enable various conciliation panel members to share with one
another their observations and experiences in effecting speedy resolution of
disputes; and
o Exercise such other powers and perform such other duties and functions as
Grounds for vacating award may be prescribed by law or ordinance.

Subject matter for amicable settlement; Exception thereto:

o The lupon of each barangay shall have authority to bring together the parties
actually residing in the same city or municipality for amicable settlement of
all disputes except:

 Where one party is the government, or any subdivision or

instrumentality thereof;
 Where one party is a public officer or employee, and the dispute
relates to the performance of his official functions;
 Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding Five thousand pesos (P5,000.00);
 Offenses where there is no private offended party;
 Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon;

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Bukidnon State University – College of Law
 ALTERNATIVE DISPUTE RESOLUTION | BUKIDNON STATE UNIVERSITY

 Disputes involving parties who actually reside in barangays of

Effect of amicable settlement and arbitration award
different cities or municipalities, except where such barangay units
adjoin each other and the parties thereto agree to submit their
o The amicable settlement and arbitration award shall have the force and effect
differences to amicable settlement by an appropriate lupon;
of a final judgment of a court upon the expiration of ten (10) days from the
 Such other classes of disputes which the President may determine in
date thereof, unless repudiation of the settlement has been made or a petition
the interest of Justice or upon the recommendation of the Secretary of
to nullify the award has been filed before the proper city or municipal court.
Justice.
 The court in which non-criminal cases not falling within the authority
Execution
of the lupon under this Code are filed may, at any time before trial
motu propio refer the case to the lupon concerned for amicable
o The amicable settlement or arbitration award may be enforced by execution
settlement.
by the lupon within six (6) months from the date of the settlement. After the
lapse of such time, the settlement may be enforced by action in the
Venue appropriate city or municipal court.

o If both parties are residents of the same barangay, before the lupon of the Repudiation
barangay.
o Different barangays but in the same municipality, in the barangay of the o Any party to the dispute may, within ten (10) days from the date of the
respondent. settlement, repudiate the same by filing with the lupon chairman a statement
to that effect sworn to before him, where the consent is vitiated by fraud,
o If real property is involved, in the place of real property.
violence, or intimidation. Such repudiation shall be sufficient basis for the
o If it involves work, in the place of work. issuance of the certification for filing a complaint as hereinabove provided

Form of settlement Why important?

o in writing, in a language or dialect known to the parties, signed by them, and
o This process is important because the court requires certificate to file action.
attested to by the lupon chairman or the pangkat chairman
In the absence of such certificate, a motion to dismissed may be filed for
premature or lack of cause of action. Motion to dismiss shall be filed at first
instance, if not- deemed waived.

Appearance of parties
o The parties must appear in person without the assistance of counsel or
representative, except for minors and incompetents who may be assisted by
their next-of-kin who are not lawyers.

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Bukidnon State University – College of Law
 ALTERNATIVE DISPUTE RESOLUTION | BUKIDNON STATE UNIVERSITY

COURT ANNEXED MEDIATION o Civil aspect – violation of RA1161 (Social security Law) & RA 9679 (Pag-ibig Law)
o Civil aspect of quasi-offenses under negligence
o Civil aspect of crimes against property
o Crimes against honor
Purpose: o Libel under Cybercrime Prevention Act
1. To unclog the docket of the court 2. To bring the parties into a settlement
3. To help in the evaluation of elements 4. To shorten the proceedings o Criminal negligence where liability is civil in nature
o Intellectual property rights
Mediator’s Ten Commandments:
o Maintain a high degree of moral authority and integrity to enhance public trust o Case is referred back to the pre-trial judge.
and confidence to the judiciary. o This begins the JDR process.
o Ensure that mediation proceedings are done with propriety, fidelity and
diligence.
o If JDR still fails, case is moved to another judge for trial.
o Act with impartiality towards the parties.
o Refrain from mediating a dispute where he/she has a clear conflict of interest.
o Conduct mediation in timely and expeditious manner avoiding delays.
o Inform the court that approved the compromise
o Treat as strictly confidential any information revealed during mediation o Court issue an order to comply
proceeding. o Sanctions will be imposed for non-compliance
o Avoid coercing or unfairly influencing the party toward agreeing to a
settlement, or making substantial decisions for any of the mediating parties. Period of Mediation:
o Refrain from using mediation to solicit or advertise for personal benefit or o Non-extendible 30 days for civil aspects of criminal cases
financial gain.
o Refuse any commission, gift or similar remuneration from parties or their
o 30 days extendible for another 30 days for civil cases
representative.
o Ensure that parties consider and understand the terms of a settlement.  Both civil and criminal cases will be returned to the referring judge within
three working days from:
Mandatory Cases covered by CAM:
o In case of settlement, from signing the compromise agreement
o All civil cases
o In case of refusal to mediate, from date of refusal
o Settlement of estates
o In case of failure to settle, from the time parties decide to terminate
o Cases covered by the Rule on Summary Procedure mediation
o Cases cognizable by the Lupong tagapamayapa o In case of failure to reach settlement, from date of lapse of mediation
o Civil aspect of BP 22 period

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Bukidnon State University – College of Law