Definition of terms
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Compiled by: Rob Jane M. Solito
Bukidnon State University – College of Law
2018
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.
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:
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Compiled by: Rob Jane M. Solito
Bukidnon State University – College of Law
2018
ALTERNATIVE DISPUTE RESOLUTION | BUKIDNON STATE UNIVERSITY
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
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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Compiled by: Rob Jane M. Solito
Bukidnon State University – College of Law
2018
ALTERNATIVE DISPUTE RESOLUTION | BUKIDNON STATE UNIVERSITY
Purpose:
o To unclog the docket of the court
o To shorten the proceedings
o To help in the evaluation of elements
o To bring the parties into a settlement
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Compiled by: Rob Jane M. Solito
Bukidnon State University – College of Law
2018