Nodalo, Monica Nina L.

BH | 6:00-8:00
1. The enactment of R.A. No. 9285 is in line with the policy of the State to actively
promote party autonomy in the resolution of disputes or the freedom of the party to
make their own arrangements to resolve their disputes. This is also found in Section
3, Article XIV of the 1987 Philippine Constitution which expresses the State’s
desire to promote voluntary modes in settling disputes and unclog courts
dockets.

2. Yes, it may do so. The Judicial Department may supplant or compliment

legislative actions such as the ADR Law by way of issuing Rules or Guidelines.
An example of this is A.M. No. 07-11-08 S.C or the Special Rules of Court on
Alternative Dispute Resolution. This would not constitute encroachment of the
legislative powers on the part of the Judicial Department because the act of
issuing Rules or Guidelines is consistent with the State’s policy in promoting
voluntary mode of dispute resolution.

3. This method is called Arbitration. Unlike in Conciliation and Mediation whose

communications are merely facilitated by an impartial third-party, the parties in an
Arbitration proceedings bring their dispute to a chosen arbitrator or panel of
arbitrators of their own choosing and hold themselves as bound by the decision
of the arbitrator or panel of arbitrators.

4. It is referred to as “Contracting State”

5. No, Mediation is not a bar to Arbitration. In fact, a mediation proceedings may be

turned into an arbitration proceedings upon agreement of the parties.
Necessarily, mediators in voluntary mediation may become arbitrators in the
same dispute subsequently except in disputes involving construction disputes as
provided in the CIAC. Further, there is also what is called mediation-arbitration or
‘med-arb’ which is a combination of both mediation and arbitration in a single
proceedings. Clearly, mediation is not a bar to arbitration.

6. It is called The UNCITRAL Model Law on International Commercial Arbitration.

7. The ADR Law does not apply to labor disputes which are covered by the Labor
Code, on the civil status of persons, on the validity of marriage and on any
ground of legal separation, on the jurisdiction of courts and those which cannot
be compromised as provided under the law.

8. It depends. Generally, pursuant to Section 9 of the ADR Law, information

obtained through mediation proceedings are privileged and confidential. A party,
a mediator, or even a non-party participant may not only refuse to disclose but
may also prevent the disclosure of such information. However, pursuant to
Section 10 of the same law, such confidentiality may be waived. Hence, if there is
such waiver, then mediation information may be disclosed. Further, Section 11
Nodalo, Monica Nina L.
BH | 6:00-8:00
provides for the exceptions to the said privilege or those mediation
communication which are not privileged.

9. Yes, he may do so. However, such a lawyer is restricted to providing legal

assistance to “A” in the drafting of necessary pleadings and other papers. In this
particular instance, the lawyer also assists the mediation in bringing the
proceedings to success.

10. Yes, in this case my answer would be different. It is the goal of our labor laws to
afford to parties a speedy disposition of their disputes and the presence of
lawyers, who can very well be expected to present full-blown argumentation on
behalf of their respective clients, will only delay the proceedings.

11. No, the Secretary of Labor was wrong. Our labor laws provide that in cases
where the renegotiation is entered into within 6 months from the expiration of the
existing CBA, the date of its effectivity shall retroact to the date immediately
following the expiration of the CBA, clearly, it was wrong to retroact such date to
December 1, 2016. Further, should the renegotiation be conducted beyond the
effectivity of the CBA, the parties have the discretion to decide on which date to
retroact the renegotiated CBA. However, in this case,where the CBA was
renegotiated before the expiration of the CBA, the Secretary of Labor was wrong.