Alternative dispute resolution

-under the hospices of the government

- government recognizes this mode to settle justiciable controversies - more simplified, parties has more
freedom, economical, party autonomy, faster

there are different forms used by the government enforced by:

1. judiciary
2. executive branch

doctrine of exhaustion of administrative remedies

- first step of the executive branch

- adjudicatory function or power to resolve justiciable controversies – first. conciliation, mediation

general rule:

what happens in ADR remains in ADR

- if ADR case fails, it cannot be part of the record if the case will go to trial or beyond ADR
- confidentiality

conciliation

- conciliator will just guide the parties to settle or conciliate

- the proposal how to settle Dispute will come from the parties themselves
- conciliator will only facilitate and set the mood
- noncombatant

ADR - participation of lawyers are non combatant

there are ADR proceeding under the hospices of the state which bars lawyers from participating for
example:

1. katarunganG pambarangay
2. Small claims - somewhat ADR (quasi judicial)

Mediation - the mediator can suggest solutions

Arbitration - parties will agree in writing to submit their dispute for arbitration

- there is an arbitrator or panel of arbitrators chosen or elected by the parties themselves they
will present their pieces of evidence. oral, documentary or object
- thereafter the arbitrator or panel will render all award - not judgment

pre colonial era - there is already a system of settling disputes through the leader of the barangay
(balangay)

Datu: exercise is administrative, judicial, legislative functions,

there is norm of settling disputes (unwritten law) presently known as common law

traditional settling of dispute

- judicial proceedings

Jose rizal - backwardness because of the multitext of law

- appeals during this time we'll go to Spain which is costly

Ghandi - lawyer who practices ADR

- sees the effectiveness and speedy resolution

-