Alternate Dispute Resolution Law at Philippines
The Philippines has established a comprehensive legal framework for Alternative Dispute Resolution (ADR) through Republic Act No. 9285, known as the Alternative Dispute Resolution Act of 2004. This law aims to institutionalize ADR as a means to resolve disputes efficiently, reduce court congestion, and promote party autonomy.
📜 Key Provisions of the ADR Act
Definition of ADR: The Act defines ADR as any process or procedure used to resolve a dispute or controversy, other than by adjudication by a judge or government officer, in which a neutral third party participates to assist in the resolution of issues. This includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof .
Confidentiality: The Act ensures the confidentiality of information relating to matters which are the subject of the dispute, protecting the privacy of the parties involved.
Enforcement of Agreements and Awards: It outlines the process for the enforcement of mediated settlement agreements and the recognition and implementation of both domestic and foreign arbitral awards .
🏢 Institutional Support: Office for Alternative Dispute Resolution (OADR)
The Office for Alternative Dispute Resolution (OADR), an attached agency of the Department of Justice, was established to:
Promote, develop, and expand the use of ADR in the private and public sectors.
Assist the government in monitoring, studying, and evaluating the use of ADR.
Recommend statutory changes to develop, strengthen, and improve ADR practices in accordance with world standards .
🏛️ Government Initiatives and Policies
Executive Order No. 78 (2012): Mandates the inclusion of provisions on the use of ADR mechanisms in all contracts involving Public-Private Partnership projects, Build-Operate and Transfer projects, Joint Venture Agreements between the government and private entities, and those entered into by Local Government Units .
🧑⚖️ Community-Based ADR: Katarungang Pambarangay
In addition to formal ADR processes, the Philippines has a community-based justice system known as Katarungang Pambarangay or the Barangay Justice System. Operated by the barangay (village), it serves as a compulsory mediation process for disputes at the local level. The Lupon Tagapamayapa, a committee within the barangay, facilitates the resolution of conflicts, aiming to decongest regular courts and provide accessible justice to the community .
✅ Conclusion
The Philippines' ADR framework, anchored by the ADR Act of 2004 and supported by institutions like the OADR, provides a structured and accessible system for resolving disputes outside the traditional court setting. By promoting ADR, the country aims to enhance the efficiency of its justice system and empower parties to resolve conflicts amicably.
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