B.

Process Design Factors

These concepts shall be considered by the industry stakeholders in adopting their respective ADR
processes.

• Mediation - a trained third party facilitates a negotiation for the purpose of reaching a voluntary
agreement concluded by the parties themselves. The mediator refrains from dispensing advice or
suggestions, and aims to guide the discussion towards resolution by safeguarding the structure of the
process and observance of the ground rules agreed upon.

• Conciliation - While conciliation is similar to mediation, it is distinguished by the fact that a

conciliator actively offers opinions and suggestions.

C. Cases to be referred to the ADR process

Disputes related to a microinsurance product or service arising from claims and complaints are the types
of cases suitable for referral to ADR. These do not include those cases that RA 9285 does not allow to be
compromised.

D. Structural Elements of ADR mechanisms

These parameters aim to unify the various ADR processes that have been and will be established within
the microinsurance sector.

1. Least cost – Dispute resolution process is affordable for all microinsurance stakeholders.

2. Accessible - All stakeholders of the microinsurance sector must have convenient access to ADR
mechanisms at the local levels, based on clear procedures that are easily understood.

3. Practical - The ADR process must be feasible and appropriate for the microinsurance sector,
taking into account the needs of diverse stakeholders, and existing systems and policies. Available
resources must be maximized for sustainability.

4. Effective - A successful ADR process will result in mutually acceptable agreements that are
durable.

5. Timely - Disputes will be resolved swiftly and within the time prescribed by rules set by the
regulators.
E. Operational Elements of the Framework

• The rules on confidentiality, competence, impartiality, consent and self-determination, and

enforcement of settlement agreements that will govern each ADR system shall comply with RA 9285 and
its IRR.

• The IC shall formulate a uniform Code of Conduct for ADR process facilitators in consultation
with various stakeholders.

• Practitioners of ADR within the microinsurance sector shall abide by this Code of Conduct to
ensure that policyholders and providers alike are granted the highest standard of service.

F. Reporting

Information on the outcome of cases referred to ADR processes shall be incorporated in the Annual
Reports submitted by insurance providers to the IC.

G. Accreditation of Mediators and Conciliators

a. The IC shall establish an accreditation system to level ADR skills and empower facilitators at the
earliest stages of the process to handle disputes.

b. This system will include a regular performance evaluation of facilitators.

H. Information Campaign

Microinsurance providers and delivery channels shall promote the use of mediation and conciliation as a
recourse mechanism available to all policyholders to address any dispute.