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ALTERNATIVE DISPUTE RESOLUTION

Course Outline - 2017

I. Introduction

- What is Alternative Dispute Resolution?


-any process or procedure use 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 3rd party participates to assist in the resolution of
issues, which includes arbitration, mediation, conciliation, early neutral
evaluation, mini-trial,(AMCEM) or any combination thereof.

- What is Conflict? And How to Manage Conflict.

II. Common Types of Dispute Settlement

- Negotiation
- Inquiry and fact finding
- Mediation
A voluntary process in which a mediator, selected by the disputing parties,
facilitates communication and negotiation, and assist the parties in reaching a
voluntary agreement regarding a dispute.

Court-Annexed Mediation Court-Referred Mediation


Any mediation process conducted Mediation ordered by a court to be
under the auspices of the court, after conducted in accordance with the
such court has acquired jurisdiction of agreement of the Parties when as
the dispute. action is prematurely commenced in
violation of such agreement.
Purpose:
- To unclog courts docket
- To shorten the proceedings
- The help in the evaluation of
elements
- To bring the parties into a
settlement.

- Good offices
- Conciliation
- Arbitration
A voluntary dispute resolution process in which one or more arbitrators,
appointed in accordance with the agreement of the parties or ADR rules,
resolve a dispute by rendering an award.

Mediation Arbitration
As to function:
-does not render an award -arbitrator act as out of court judge
-only arranges the facts to be and settles the dispute extra-judicially.
negotiated so that parties can come to -he makes a determination of facts to
a compromise agreement. resolve a dispute independently of the
-through direct negotiations, he actual result desired by the parties.
assists the parties in reaching a
mutually agreeable settlement of their
dispute.
As to resolution:
-there is only mediation settlement
-mediator cannot make an award,
however mediation settlement can be
an award provided it is reduced into
writing signed by the parties and their
counsel and the mediator.
-failure to comply with mediation
settlement will give the right

III. International Dispute Resolutions

- Overview of International Law


- Basic principles of international law (sovereignty, jurisdiction, independence, etc.)
- Article 33, Paragraph 1 of the United Nations Charter
- International Court of Justice.

- Some of Alternative Dispute Settlement Institutions


- Permanent Court of Arbitration (Hague Convention 1907)
- International Court Arbitration (International Chamber of Commerce)
- United Nations Commission for International Trade Law (1985 UNCITRAL Model
Law On International Commercial Arbitration)
- 1958 New York Convention

- How to Settle International Business Dispute


- Types of Arbitration
- Arbitral tribunal
- Arbitration Proceedings
- Lex arbitri and the law of the subject matter
- Award (rendering, recognition, enforcement, etc)

IV. Domestic Dispute Resolutions

- Introduction to Domestic Dispute Resolution


- Arbitration Law (Republic Act No. 876)
- Alternative Dispute Resolution Act of 2004 (Republic Act No. 9285)
- DOJ department Circular No. 98 s 2009 (Implementing Rules and Regulations of
Alternative Dispute Resolution Act of 2004)
- A.M. No. 07-11-08-SC (Special Rules of Court on Alternative Dispute Resolution)