Alan A.

Gultia JULY 06, 2019

ADR 2019-2020

1. What is ADR?
ADR, as defined in RA 9285, means alternative dispute resolution. This process is short of, or alternative to,
full-scale court processes. It refers to everything from facilitated settlement negotiations in which disputants
are encouraged to negotiate directly with each other prior to some other legal processes, to arbitration
systems or minitrials that look and feel very much like a courtroom process.

2. Distinguish between binding process and non-binding process.

From the reading reference assigned, both processes are basics processes of ADR. In ADR process which
has binding effect, this is a process which produce a third party decision that disputants must follow even if
they disagree with the result, likened to that judicial decisions. An example is arbitration process which has
binding effect to disputants. The non-binding processes of ADR, however, are those which third party
decision the parties thereto may reject. Example of these processes are negotiation, mediation, conciliation
and arbitration processes.

3. Distinguish between mandatory processes and voluntary processes.

In the same reading reference assigned, the ADR mandatory processes are those prescribed by some
judicial systems which is a priori negotiation, conciliation, mediation, or arbitration, the party-litigants have to
go through before going to courts. While in voluntary processes, submission of a dispute to an ADR process
is discretionary to the parties.

4. What are the two ways of describing ADR processes?

In the same reading reference assigned, the ADR processes are described either as by basic ADR
processes, or hybrid processes. The basic ADR processes include negotiation, conciliation, mediation, and
arbitration, while hybrid ADR processes are those which specific elements of basic processes have been
combined to create a variety of ADR methods. In addition, hybrid ADR processes may also incorporate
features found in court-based adjudication.

5. Explain each basic ADR processes. In the same reading reference assigned ;
1. In negotiation the parties voluntarily seek a mutually acceptable agreement to resolve their
common dispute. In negotiation disputants are generally allowed to control the process and the
solution;
2. In conciliation the a third party meets with disputants separately in an effort to establish mutual
understanding of the underlying causes of the dispute and thereby promote settlement in a friendly,
unantagonistic manner, and is often the first step and at times, sufficient to resolve disputes;
3. In Mediation, this involves voluntary, informal act of disputing parties in which they select a neutral
third party (one or more individuals) to assist them in reaching a mutually-acceptable settlement.
The mediator has no authority to impose a solution on the disputants, but may assist them in
shaping solutions to their own interests;
4. In arbitration being an adjudicatory dispute resolution process, one or more arbitrators issues a
judgment on the merits (either binding or non-binding) after an expedited adversarial hearing, after
each party has the opportunity to present proofs and arguments. The procedural rules and
substantive law may be set by the parties themselves unlike in court adjudication.

6. Which of the basic ADR processes are used in the Philippines? State your source.
All of these basic ADR processes are used and applied in the Philippines by virtue of R.A. No. 9285 or
the Alternative Dispute Resolutions Act of 2004. The Philipines adopts the alternative dispute resolution
system and defined it as, “any processes or procedure used to resolve dispute or controversy, other than
by adjudication of a presiding judge of a court or an officer of the government agency…in which a neutral
third party participates to assist in the resolution of the issues, which includes arbitration, mediation,
conciliation, early neutral evaluation, minitrial, or any combination thereof.”