❖ ALTERNATIVE DISPUTE RESOLUTION- this refers to any action sanctioned by law to resolve a

dispute in a manner that is immediate and inexpensive, with an end in view of restoring peace between
two affected parties. “ADR” refers to any means of settling disputes outside of the courtroom.
INCLUDES: - Neutral evaluation - Mediation - Negotiation - Arbitration - Conciliation AMICABLE
SETTLEMENT ACT (P.D 1508) Which provides the purpose of perpetuation and official recognition of
the time-honored tradition of amicably settling disputes among family and barangay members at barangay
level without judicial resources that would promote the speedy administration of justice and implement
the constitutional mandate to preserve and develop Filipino culture and to strengthen the family as a basic
social institution. ALTERNATIVE DISPUTE RESOLUTION SYSTEM IN THE PHILIPPINES
(Republic Act No. 9285) (April 2, 2004) - an act to institutionalize the use of an alternative dispute
resolution system in the Philippines and to establish the office for alternative dispute resolution, and for
other purposes. RESTORATIVE JUSTICE- is a valued-based approach focused on determining harm
resulting from crime, what needs to be done to repair the harm, and who is responsible for repairing the
harm. RESTORATIVE JUSTICE- views crime as an accountability by both individual and the society
and punishment is not an effective means of changing behavior because it disrupts community harmony
and good relationships. ❑ RESTORATIVE JUSTICE – CORE VALUES is based on the balance focused
on the offender, victim and community. The values, according to each participants, are: a. The offender-
apology or shaming and reintegration. b. the victim – the harm and opportunity for forgiveness. c. The
community- relationships. ✓ THE OFFENDER • APOLOGY – either oral or written, recognizing
responsibility and not seeing oneself as a victim and realizing and acknowledging the harm suffered by
the victim. • REINTEGRATION- earning his or her place back in the community, particularly through the
action plan developed under the healing the harm process. ✓ THE VICTIM • HARM – assessing what
harm was done, developing a case plan to repair the harm, creating an action plan for those responsible
for healing and repairing the harm. • FORGETTING- the opportunity is extended for the victim to accept
an apology from the offender and to extend forgiveness. ✓ THE COMMUNITY • RELATIONSHIP –
healing broken relationships and creating new relationships. FOUR KEY VALUES OF THE
RESTORATIVE PROGRAM 1. ENCOUNTER- create opportunities for victims, offenders and
community members who want to do so to meet to discuss the crime and its aftermath. The elements of
an encounter are: meeting, narrative, emotion, understanding and agreement. 2. AMENDS – expect
offenders to take steps to repair the harm they have caused. The four elements of making amends are:
apology, changed behavior, restitution and generosity. 3. REINTEGRATION- seeks to restore victims
and offenders as a whole, contributing members of society. The elements are; acknowledging human
dignity and worth, providing material assistance and offering moral spiritual direction. 4. INCLUSION-
provide opportunities for parties with a stake in a specific crime to participate in its resolution. The
ingredients are; invitation, acknowledgement that the person invited has unique interest and recognition
that he/she might want to try alternative approaches. RETRIBUTIVE JUSTICE- is an approach focused
on determining what law was broken, who broke it, and how they should be punished. RETRIBUTIVE
JUSTICE- views crime as an individual act and individual responsibility and the offender should be
punished in order to deter crime and change behavior. TRANSFORMATIVE JUSTICE- is a general
philosophical strategy for responding to conflicts. MEDIATION (PAMAMAGITAN) Is a voluntary
process in which a mediator, selected by disputing parties, facilitates communication and negotiation, and
assists the parties in reaching a voluntary agreement regarding a dispute. IMPORTANT TERMS: ✓AD
HOC MEDIATION- means any mediation other than institutional or court-annexed. ✓INSTITUTIONAL
MEDIATION- means any mediation administered by, and conducted under the rules of, a mediation
institution. COURT-ANNEXED MEDIATION- process conducted under the auspices of the court and in
accordance with Supreme Court approved guidelines, after such court has acquired jurisdiction of the
dispute. COURT REFERRED MEDIATION- mediation ordered by the court to be conducted in
accordance with the agreement of the parties when an action is prematurely commenced in violation of
such agreement. CERTIFIED MEDIATOR- a mediator certified by the Office for ADR as having
successfully completed its regular professional training program. MEDIATION PARTY- a person who
participates in a mediation and whose consent in necessary to resolve the dispute. MEDIATOR- a person
who conducts mediation. NON- PARTY PARTICIPANT- a person, other than a party or mediator, who
participates in a mediation proceeding as a witness, resource person or expert. Selection of a Mediator -
the parties have the freedom to select their mediator. Replacement of Mediator - if the mediator selected
is unable to act a such for any reason, the parties may, upon being informed of such fact, select another
mediator. THE ETHICAL CONDUCT OF MEDIATOR o Competence o Impartiality o Confidentiality o
Consent and Self-Determination ‘ARBITRATION’ (PAGHUHUSGA) - -Means a voluntary dispute
resolution process in which one or more arbitrators, appointed in accordance with the agreement of
parties or these Rules, resolve a dispute by rendering an “AWARD”. ARBITRATION AGREEMENT
(ARBITRAL AWARD)- shall mean an agreement by the parties to submit to one or more arbitrators the
resolution of all or certain civil disputes which have arise in respect of a defined legal relationship and to
abide their award. ARBITRAL TRIBUNAL- shall mean a sole arbitrator or a panel of two or more
arbitrators, who, based on an arbitration agreement, conduct proceedings and make an ‘arbitral award’ in
respect of civil disputes subject thereto. AWARD- means any partial or final decision by an arbitrator in
resolving the issue or controversy. RECORD- means information written on a tangible medium or stored
in an electronic or other similar medium, retrievable in a perceivable form. ROSTER- means a list of
persons qualified to provide ADR services as neutrals or to serve as arbitrators. CLAIMANT- means a
person/s with a claim against another and who commence/s arbitration against the latter. RESPONDENT-
means the person/s against whom the claimant commence/s arbitration. WRITTEN
COMMUNICATION- means the pleading, motion, manifestation, notice, order, award and any other
document or paper submitted or filed with the arbitral tribunal or delivered to a party. THE OFFICE OF
ALTERNATIVE DISPUTE RESOLUTION Is an agency attached to the Department of Justice which
shall have a Secretariat and shall be headed by an Executive Director, who shall be appointed by the
President of the Philippines, taking into consideration the recommendation of the Secretary of Justice.
THE KATARUNGANG PAMBARANGAY (PD NO. 1508 repealed by r.a. 7160) Concept of Barangay
and Lupong Tagapamayapa • BARANGAY - refers not only to barrios which were declared barangays by
virtue of Presidential Decree No. 557 but also to barangays otherwise known as citizens assemblies
pursuant to Presidential Decree No. 86. • BARANGAY CAPTAIN • - refers to the Barangay Captains of
the barrios which declared barangay by virtue of PD No.557 and to the Chairmen of barangays otherwise
known as citizens assemblies pursuant to PD No. 86. • The Lupong tagapamayapa - a pangkat duly
organized by the punong barangay to arbitrate of certain complaints that were not successfully resolve
under the mediation of the punong barangay. - shall be composed of the Punong barangay as Chairman
and Ten (10) to twenty (20) members. The lupon shall be constituted every three (3) years. - any person
actually residing or working in the barangay, not otherwise expressly disqualified by law and possessing
integrity, impartiality, independence of mind, sense of fairness, and reputation for probity may be
appointed as member of the lupon. • PANGKAT NG TAGAPAGKASUNDO - a special body constituted
by the punong barangay through the selection of parties of a disputes that will serve as a go between or
act as mediators for the speedy resolution of the dispute not successfully resolved by the lupong
tagapayapa. CONCILIATION - is a process whereby a neutral third party takes a vigorous and active role
in assisting disputants formulate solutions in order to reach an amicable settlement. NEGOTIATION - A
negotiation is a strategic discussion that involves two or more parties to resolve an issue in a way that
each party finds acceptable.