ADR NOTES 2018
ADR MECHANISM:
Arbitration, CAM & JDR
 History & concept
 Rule 18 & 118 Pre-Trial
 Continuous Trial in Criminal Cases
Topics:
1. Importance of ADR in the Philippine Judicial
System
2. FORMS of ADR in the Philippines
3. Rule 18 & 118, Rules of Court
4. Effectiveness & Success Rates in Current
Sites: Data & Statistics
5. CAM & JDR: Component Units of ADR
6. CAM & JDR: Benefits; Effective Tools:
a. Decongest Court Dockets
b. Reduce Unnecessary Delay
c. Humanize the Judiciary
d. Enhance Access to Justice
7. Philippine Mediation Center Office
8. Continuous Trial of Criminal Cases
IMPORTANCE OF ADR IN THE PHILIPPINE
JUDICIAL SYSTEM
 Empower the parties to resolve their own
disputes & give practical effect to the State
Policy expressed in the Alternative Dispute
Resolution Act of 2004 (RA 9285):
o “ … to actively promote party autonomy
in the resolution of disputes or the
freedom of the parties to make their own
arrangement to resolve disputes.
o Towards this end, the State shall
encourage & actively promote the use of
ADR as an important means to achieve
speedy & impartial justice & de-clog
court dockets.”
o Put an end to pending litigation
through a compromise agreement of
the parties
 ADMINISTRATIVE INNOVATION
o Attempts to settle cases based on legal
rights & obligations of parties may not
address the real interests & needs of
the disputants
FORMS of ADR IN THE PHILIPPINES
R.A 9285: Alternative Dispute Resolution (2004)
E.O. 1008: Construction Industry Arbitration Law (1985)
Labor Code [Collective Bargaining Agreements & Grievance
Machinery]
R.A. 7160: Local Government Code (1991) [Katarungang
Pambarangay]
R.A. 6734: Organic Act of the ARMM [Tribal Council]
P.D. 1083: Code of Muslim Personal Laws of the Philippines
Agama Arbitration Council (1997)
[Divorce/Talaq]
R.A. 8731: The Indigenous Peoples Rights Act [Ancestral
Domains]
Civil Code/Family Code
[Article 151 Family Council]
Model Law on International Commmercial Arbitration
[UN Commission on International Trade Law: UNCITRAL)
(June 21, 1985)
Continuous Trial of Criminal Cases
Recognition of ADR in the Civil Code
 Title XIV. – COMPROMISES AND
ARBITRATIONS
o CHAPTER 1. – COMPROMISES
 ART. 2028 – A COMPROMISE is a
contract whereby the parties, by
making reciprocal concessions, avoid
a litigation or put an end to one already
commenced.
 ART. 2029 – The court shall endeavor
to persuade the litigants in a civil case
to agree upon some fair compromise
o CHAPTER 2 – ARBITRATIONS
 ART. 2042 – The same persons who
may enter into. A compromise may
submit their controversies to one or
more arbitrators for decisions
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  ART. 2043 – The provisions of the
preceding Chapter upon compromises
shall be applicable to arbitrations
 ART. 2044 – Any stipulation that the
arbitrators’ award or decision shall be
final, is valid, without prejudice to
Articles 2038, 2039, and 2040.
RULES OF COURT
 Rule 18 – Pre-trial
o Sec. 2 Nature & purpose – The pre-trial is
mandatory. The Court shall consider:
 A. the possibility of an amicable
settlement or of a submission to
alternative modes of dispute
resolutions
o Despite Rule 18, SC observed that most
judges go through the function of
exploring settlement PERFUNCTORILY
for various reasons including fear of being
disqualified if he goes through the process
more intensively
 Small Claims Court:
o Preliminary Conference
o Mediator v. Arbitrator
 NOW…
o Recognition of ADR in the
 Rules of Court:
 Amended Rules on Civil Procedure
 Rules 22 & 24
o Face to Face/Alternate Trial
 Justice Sector Coordinating Council
(SC, DOJ, DILG)
 “Continuous Trial of Criminal Cases
ARBITRATION
 RA 876: THE ARBITRATION LAW
o Section 2. Persons and matters subject
to arbitration. - Two or more persons or
parties may submit to the arbitration of
one or more arbitrators any controversy
existing between them at the time of the
submission and which may be the
subject of an action, or the parties to any
contract may in such contract agree to
settle by arbitration a controversy
thereafter arising between them. Such
submission or contract shall be valid,
enforceable and irrevocable, save upon
such grounds as exist at law for the
revocation of any contract. Xxx
 Current Issue:
o “Philippines prevails over China in the
South China Sea or now called the West
Philippine Sea.”
 Commercial Arbitration:
o PDRCI: Philippine Dispute Resolution
Center Inc.
o PIArb: Philippine Institute of Arbitrators
 3 STAGES OF DIVERSION
o Court Annexed Mediation (CAM) – CAM
on Wheels [Mobile Court Annexed
Mediation (MCAM)]
o Judicial Dispute Resolution (JDR)
o Appellate Court Mediation (ACM)
Court Annexed Mediation (CAM)
 MEDIATION is a process of settling disputes
with the assistance of an acceptable,
impartial & neutral third party called a
mediator
 Mediator assists parties to:
o Identify issues
o Develop proposals to resolve their
disputes
 Once the parties have arrived at a mutually
acceptable arrangement, the agreement
becomes the basis for the court’s decision on
the case
 Salient Points:
o Self-Determination
o Impartiality & neutrality
 Conflict of Interest
 Competence
o Confidentiality
 Justice Reform Initiatives (JURIS) Project
2003-2008
o Its intention is to restore the importance
of amicable settlement of cases and
install innovative procedures that will
remove such apprehension
Judicial Dispute Resolution (JDR)
 Another innovation in the Philippine Court
System
 When CAM in civil cases fail, Civil cases are
brought to the JDR judge who acts as:
o Conciliator
o Mediator
o Neutral Evaluator
 Judge will try to mediate the case
 PERIODS:
o 1st Level Courts: 30 days
o 2nd Level Courts: 60 days
 From Referral
 Monitoring Required
 If judge’s intervention succeeds, case is
concluded with a judgment base on a
compromise
 If dispute is still unresolved, case is referred
to another judge “trial judge” for trial
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 During trial, at the insistence of any party, o There are 704 accredited CAM
Mid-Trial JDR may be mediators, 102 ACM mediators and 731
 JDR GUIDELINE JDR Judges
o A.M No. 04-1-12-SC-PHILJA o The PMC Units have successfully
o A.M. No. 11-1-6-SC-PHILJA (Jan. 11, mediated
2011)  166,988 cases out of 440,909
referred cases for CAM with a
CAM & JDR: Benefits success rate of 63%;
Effective Tools  804 settled cases out of 5,071
1. Decongest Court Dockets referred cases for ACM with a
2. Reduce Unnecessary Delay success rate of 34%;
3. Humanize the Judiciary  12,505 settled cases out of 55,680
4. Enhance Access to Justice referred cases for JDR with a
success rate 39%; and
 10,002 settled cases through
INTEREST-BASED RIGHTS-BASED MCAM with a success rate of -4%

DISPUTE LITIGATION JDR JUDGE:

RESOLUTION  No distinction between 1st and 2nd Level Court
1. PRODUCT – 1. Judgment is Judges
compromise imposed  JDR JURISDICTION & JUDGE must concur
agreement
(facilitated) HIGHLIGHTS:
2. FOCUS – person 2. Act; punishment  Focuses on interests rather than Position
3. OUTLOOK – 3. Backward looking  2 JUDGE SYSTEM: JDR Judge & Trial Judge
future; towards to past events  Skills Based
reconciliation  JDR Jurisdiction & Judge
4. PROCESS – 4. Rigid; Formal  Referral to CAM prerequisites in civil cases
informal (Documented) (to the conduct of JDR proceedings)
(confidential),  Confidentiality
flexible  Re-raffle
5. RESULT – WIN- 5. WIN-LOSE  JDR Process must be observed
WIN
The JDR Process
Philippine Mediation Center Office (PMCO) Stages of JDR:
 Rationally establishing & managing effective 1) DELIVERING AN OPENING STATEMENT
& efficient PMC units (& staff) nationwide 2) STATEMENT OF THE PARTIES
 Engaging qualified, performing, & highly- 3) NEGOTIATION
motivated mediators and PMC staff a. Applying Active Listening Skills
 Enabling the parties themselves to resolve b. Reflecting, reframing, restating,
the disputes brought to the courts, resulting clarifying, paraphrasing positions/rights
in the decongestion of court dockets, to interests
fostering party autonomy, & enhancing c. BATNA, WATNA, MLATNA, ZOPA
access to justice d. Causing Techniques & Impasse
 Developing ADR programs & initiatives that 4) SETTLEMENT/CLOSURE
are both relevant and sustainable 5) RETENTION OR RE-RAFFLING
 Generating & utilizing to the optimum ADR POSITIONS INTEREST
resources (research & policy materials funds R- Rights R- Relationship
& other means of ----- O- Obligations E- Emotions, Expectations
 PMCO SCORECARD (As of March, 2014)
o The PMCO has 115 CAM units, 1 MCAM V- Violations V- Values
unit, 18 JDR Units and 3 ACM units, I- Injuries I- Interests
manned by 193 Mediation Staff. D-Damages D- Data
S- Structures

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REVISED GUIDELINES FOR CONTINUOUS
TRIAL OF CRIMINAL CASES
III. Procedure; 9. Mediation.
a. The fallowing cases shall be referred to
mediation on the civil liability unless a
settlement is reached earlier in the pre-trial/
preliminary conference:
i. crimes where payment may prevent
criminal prosecution or may extinguish
criminal liability, such as violations of:
1. B.P. Blg. 22;
2. SSS Law (R.A. No. 1161, as a1nended
by R.A No. 8282); and
3. PAG-IBIG Law (R.A. No. 9679).
ii. Crimes against property under Title 10 of
the Revised Penal Code (RPC), where the
obligation may be civil in nature, such as:
1. Theft under Art. 308, RPC, cognizable
by the first level courts;
2. Estafa under Art. 315(1 ), RPC, except
estafa under Art. 315 (2) and (3);
3. Other forms of swindling under Art.
316, RPC;
4. Swindling of a minor under Art. 317,
RPC;
5. Other deceits under Art. 318, RPC;
and
6. Malicious mischief under Art. 327,
RPC.
iii. Crimes against honor under Title 13, RPC,
where the liability may be civil in nature,
such as:
1. Libel by means of writings or similar
means under Art. 355, RPC;
2. Threatening to publish and offer to
present such publication for a
compensation under Art. 356, RPC;
3. Prohibited publication of acts ref erred
to in the course of official proceedings
under Art. 357, RPC;
4. Grave Slander (Grave
Defamation) of serious and insulting
nature under Art. 358, par. 1, RPC;
5. Simple Slander (Oral Defamation) - not
of a serious and insulting nature under
Art. 358, par. 2, RPC;
6. Grave Slander by Deed - of a serious
nature under Art. 359, par. 1, RP
7. Incriminating innocent person under
Art. 363, RPC;
8. Intriguing against honor under Art.
364, RPC;
iv. Libel under R.A. 10175 (Cybercrime
Prevention Act of 2012) where the liability
may be civil in nature;
v. Criminal negligence under Title 14, RPC,
where the liability may be civil in nature;
and vi. Intellectual property rights cases
where the liability may be civil in nature.
b. The referral of the case for mediation to the
Philippine Mediation Center (PMC) Unit shall
be made only after the conduct of the
arraignment and the pre-trial/ preliminary
conference.
The court shall serve the Order of Referral to
the PMC Unit immediately after the
arraignment and the pre-trail/ preliminary
conference.
The mediation shall be terminated within a
non-extendible period of thirty (30) calendar
days from the date of referral by the court to
the PMC Unit. After the lapse of the mediation
period or if mediation fails, trial shall proceed.
Except those cases mentioned above,
criminal cases subject to the Rule on
Summary Procedure shall not be referred to
mediation
 No JDR IN CRIMINAL CASES
Not Subject to Alternative Dispute Resolution:
 B) the civil status of persons
 C) the validity of a marriage
 D) Any ground for legal separation
 E) the jurisdiction of courts
 F) future legitime
 G) criminal liability
 H) those which by law cannot be
compromised
 VAWC
CAN BE SUBJECT OF JUDICIAL DISPUTE
RESOLUTION
1) Custody of minor children
2) Separation of property or
3) Support pendent lite
Oral

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CONFLICT POSITIONS

WHAT IS CONFLICT Rights

(Latin) Obligations
Violations
Con (together) + Figere (to strike) = configure Injuries
(conflict-strike together) / conflictus (a contest or Damages
clash) = CONFLICT

ASPECTS OF CONFLICT SOURCES OF CONFLICT

Negative aspect Positive aspect
Time consuming Causes needed Non-Legal or Non-Rights Perspective
change (REVIDS)
Wastes resources Develops solutions
Affects health Awakens people into Relationship conflicts & Emotional conflicts
action  Personality Differences
Causes further harm Enhances the work  Past bad experiences
environment  Poor or miscommunication
Distorts information Opens up new  Biases
and behavior channels of  Negative, repetitive behavior
communication  Strong emotions
Develops ill feelings Relieves pent-up
and emotions feelings and emotions Value of conflicts
Induces destructive Moves parties to learn  Incompatible values and beliefs
thoughts and more about  What is right behavior
behavior themselves and other
Interest conflicts
STAGES  Underlying perceived
 Latent – basic conditions exist, but have not  Incompatible concerns, goals & needs
been recognized by the parties  4 areas to be addressed (Substantive,
 Perceived – basic conditions are recognized Procedural, Psychological, Contextual)
by one or both parties
 Emerging/Felt – internal tensions begin to Data conflicts
build conflict, though parties are still open  Insufficient data
 Manifest – conflicts is out in the open and  Different views on what is relevant
becomes obvious, both parties start to get  Misinformation
involved  Different interpretations
 Aftermath – Conflict stopped, new conditions  Different assessment procedures
established (leads either to new conflict)
Structural conflicts
 Poor role definitions
 Time constraints
 How a situation is set up
 Geographical/physical relationship
 Unequal power and authority
 Unequal control of resources

VALUES CONFLICTS
 Caused by perceived or actual
incompatible belief systems
 Values are beliefs that people use to give
meaning to their lives. Values explain
what is good/bad, just/unjust, or
right/wrong
 Values need not always cause
conflict. Conflicts arise when

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 someone tries to impose a set of Accommodate Collaborate
values on someone else I lose, you win I win, you win

Importance of Relationship
Avoid Compromise Compete
o Lack of information What problem? We both I win, you
o Misinformation somehow win lose
o Different views on what is relevant and lose
o Different interpretations of data
o Different assessment procedures
o Different data collection procedures
Importance to Self
Caused by the way a situation is set up – may be
external to those involved in the dispute
o Limited resources
o Rules (ambiguous, contradictory) Take away points
o Lack of clear roles description o Conflict is a fact of life
o Structure of the organization o Conflicts affect harmonious human
o Geographic constraints relationship
o Decision-making processes o Conflicts happens because parties have
o Time (too little or too much) unmet substantive, procedural and
psychological needs, which are often
HOW PARTIES DEAL WITH CONFLICT “obscured” by data problems,
relationship issues and values
BASIC CONCEPTS OF CONFLICT differences
MANAGEMENT o We have various options available in
dealing with conflicts
Typologies of styles o We can choose our manner of response
and learn the skills to help manage
Fight or flight responses to conflict (Dana,1996) conflicts and resolve disputes effectively
– this model proposes that our instinctive
reactions are to fight back or to flee from the
conflict

Freeze – to become paralyzed

Flow (Cornelius & Faire, 1989) – requires that

you break out of your old instinctive reactions, the
reflexes we all have inherited from pre-human
ancestors

APPROACHES TO CONFLICT

5 Conflict styles
1. Competing – high assertiveness and low
cooperativeness
2. Accommodating – low assertiveness and
high cooperativeness
3. Avoiding – low assertiveness and
cooperativeness
4. Compromising – intermediate on
assertiveness and cooperativeness
5. Collaborating – high assertiveness and
cooperativeness

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