1.

It refers to an altercation between people or groups that results from differences in

viewpoints, attitudes, understanding, interests, needs, and occasionally even perceptions. It can
be either beneficial or negative, a struggle or an opposition.
Answer: a. Conflict
Explanation: Conflict arises when there are disagreements or incompatible goals between
individuals or groups, often leading to tension or disputes.

2. Bill Gates, the owner of Windows, met his young Filipino employee in India, who complained
about wages and benefits. Gates felt infuriated and demoted the employee, believing he should
remain as the lowest-earning employee due to his nationality. The theory that best describes
Gates' feelings is:
Answer: d. Critical Race
Explanation: Critical Race Theory examines systemic racism and how power structures
perpetuate inequities based on race. Gates' action aligns with racial bias.

3. Feminist Theory examines the nature of sexuality and gender-based normativity.

Answer: c. Both statements are true
Explanation: Feminist Theory explores gender inequality and challenges traditional norms
regarding sexuality and gender.

4. They are the ones who developed an instrument that gauges the behavior of a person when
dealing with a conflict situation. This instrument was called:
Answer: d. Thomas and Kilman
Explanation: The Thomas-Kilmann Conflict Mode Instrument is a widely used tool to analyze
conflict management styles.

5. Nari Bang always bullies Pines Ty in school. Pines Ty’s friend, Pan Da, advises him to report
it, but Pines chooses to stay silent. What kind of conflict strategy does Pines Ty use?
Answer: a. Avoiding
Explanation: By staying silent and avoiding the issue, Pines uses the avoiding strategy, which
seeks to sidestep conflict rather than address it.

6. Mr. John Doe had a conflict with Ms. Jane Doe regarding a room schedule. Jane Doe
suggested a compromise, but neither used the room. What conflict strategy does this best
describe?
Answer: a. Avoiding
Explanation: Both parties avoided confrontation and chose not to address the issue directly.

7. It entails making an effort to work in partnership with others to discover a solution that
completely alleviates their worries.
Answer: d. Collaborating
Explanation: Collaboration involves working together to find mutually beneficial solutions and
fully resolve concerns.

8. Conflict comes from the Latin word _____________, which means "to come together for a
battle."
Answer: a. Conflingere
Explanation: The Latin root "conflingere" signifies a clash or coming together in conflict.
9. Is an arbitrator liable for malpractice if they refuse to oblige a party’s demand during
arbitration?
Answer: b. No, because he refuses to oblige Vine Ty to withdraw from the arbitration
process.
Explanation: Arbitrators must remain neutral and cannot be held liable for denying requests
that compromise fairness or due process.

10. It refers to organizations or individuals who are accredited to serve as mediators,

conciliators, or arbitrators.
Answer: c. Alternative Dispute Resolution Providers
Explanation: These entities facilitate dispute resolution through mediation or arbitration outside
traditional court systems.

11. The liability of an ADR provider is stated in:

Answer: a. Section 38 (1), Chapter 9, Book 1 of the Administrative Code of 1987
Explanation: This section outlines the responsibilities and liabilities of ADR providers under
Philippine law.

12. They shall be charged with maintaining a central repository of ADR laws, rules, and other
information.
Answer: b. Record and Library Division
Explanation: This division maintains and archives ADR-related documents for access and
reference.

13. They shall be charged with disseminating information and promoting ADR mechanisms.
Answer: d. Public Information and Promotion Division
Explanation: This division focuses on raising awareness and promoting the use of ADR
processes.

14. The following are the state policies of mediation:

Answer: d. All of the above
Explanation: Mediation policies encompass fostering amicable resolutions, confidentiality, and
promoting party autonomy.

15. It refers to any partial or final decision by an arbitrator in resolving a dispute.

Answer: d. Award
Explanation: An arbitrator’s decision, known as an award, resolves the issue between parties.

16. The mediation process shall consist of the following stages:

Answer: c. VI, IV, III, II, I, V
Explanation: This sequence ensures a structured progression from claims to resolution.

17. Mediation carried out by a court under supervision is known as:

Answer: d. Court-Annexed Mediation
Explanation: This refers to mediation integrated into the judicial process.
18. It is a type of mediation carried out under a court’s order but initiated prematurely.
Answer: a. Court-Referred Mediation
Explanation: This involves court-referred mediation occurring before the appropriate time.

19. Statement 1: A mediator shall keep in utmost confidence all confidential information
obtained in the course of the mediation process.
Statement 2: A mediator shall recognize and put in mind that his primary responsibility is the
resolution of a dispute and securing settlement with parties.

 Answer: a. Statement number 1 is true while statement number 2 is false.

 Explanation: Statement 1 is true because confidentiality is a core principle of mediation.
Statement 2 is false because the mediator’s role is not to resolve the dispute but to
facilitate communication between the parties so they can reach their own resolution.

20. It is a voluntary process in which a mediator, selected by the disputing parties, facilitates
communication and negotiation and assists the parties in reaching a voluntary agreement
regarding a dispute.

 Answer: d. Mediation
 Explanation: Mediation is the process described, where a neutral mediator assists
parties in resolving disputes voluntarily.

21. Ryan Bang and Vice Ganda entered into a business contract. Later, a dispute arose, and
both parties chose a lawyer as a mediator. However, Vice Ganda compelled the mediator to
withdraw for being "overqualified." If you are the mediator, would you withdraw?

 Answer: c. No, because I was the one that they had chosen from the
commencement of mediation proceedings.
 Explanation: A mediator should remain impartial and should only withdraw if there is a
legitimate reason, such as a conflict of interest or inability to mediate effectively. Being
“overqualified” is not a valid reason to withdraw unless the parties collectively agree to it.

22. After a successful mediation, which of the following is NOT required under the operative
principles of mediation in the Philippines?

 Answer: d. The parties may agree in the settlement agreement that the mediator
shall become the sole arbitrator for the dispute.
 Explanation: Mediators are not arbitrators. Arbitration is a separate process where the
arbitrator renders a binding decision. In mediation, the mediator’s role is solely to
facilitate negotiations and cannot act as an arbitrator.

23. A lawyer is representing their client in a mediation session. The other party has proposed
what the lawyer believes is unfair. The lawyer should:

 Answer: b. Encourage their client to speak up for themselves and to make their
own decision about whether to accept the proposal.
 Explanation: In mediation, the lawyer’s role is to support their client’s self-determination
and encourage their active participation in resolving the dispute. Asking for a recess
(option a) may be appropriate in some cases, but empowering the client to make their
own decisions is most aligned with the principles of mediation.
24. A mediator is attending to a dispute where one party discloses they are under financial
duress and feel pressured to settle on the other party’s terms. What should the mediator do?

 Answer: a. Continue with the mediation process, but take steps to ensure that the
party is making a voluntary and informed decision about whether to settle.
 Explanation: It is the mediator’s duty to ensure that the mediation process is fair and
that both parties voluntarily participate in decision-making. Stopping the process (option
c) may not always be necessary unless coercion or other severe factors prevent
meaningful participation.

25. During mediation, one party discloses confidential information to the mediator and
expresses their desire to waive confidentiality so the information can be shared with their
lawyer. What should the mediator do?

 Answer: a. Advise the party to seek independent legal advice before waiving the
confidentiality of the information.
 Explanation: Confidentiality is a cornerstone of mediation. The mediator should ensure
the party understands the implications of waiving it, which is why seeking legal advice is
necessary before proceeding.

26. During mediation, one party discloses confidential information. The other party files a lawsuit
and seeks to discover this information. Under what circumstances may the court order
disclosure?

 Answer: d. All of the above.

 Explanation: Confidential mediation communications may be disclosed in court only in
exceptional situations, such as when:
o The need for evidence outweighs confidentiality.
o The evidence cannot be obtained by other means.
o The communication involves a crime or felony.

27. It means any mediation process conducted under the rules of a mediation institution.

 Answer: c. Institutional Mediation

 Explanation: Institutional mediation refers to mediation conducted under a formal
institution's rules and guidelines. Examples include courts or alternative dispute
resolution centers.

28. It refers to a mediator certified by the Office for Alternative Dispute Resolution after
completing its regular professional training program.

 Answer: a. Certified Mediator

 Explanation: A Certified Mediator is an individual officially recognized for completing
professional training and being qualified to conduct mediation under the standards of the
Office for Alternative Dispute Resolution.

29. It refers to any mediation other than institutional or court-annexed.

 Answer: a. Ad Hoc Mediation

  Explanation: Ad hoc mediation is conducted independently of any institution or formal
setting. It allows the parties to agree on the process and rules without adhering to
institutional guidelines.

30. The mediation shall be closed under the following circumstances except:

 Answer: b. By an oral declaration of the mediator that any further effort at the
mediation would not be helpful.
 Explanation: The mediator’s opinion alone is insufficient to close mediation unless the
parties agree to end it or if it meets specific closure criteria. The other options involve
valid reasons to terminate the mediation process.

31. A mediator drafts a settlement agreement, and one party requests the mediator to report to
the court that the settlement is fair and reasonable. Can the mediator provide the report?

 Answer: c. The mediator can provide the report to the court, but only if the parties
agree in writing to allow the mediator to do so.
 Explanation: Mediators must respect the confidentiality of the process and can only
report to the court with the written consent of all parties involved.

32. A Filipino company and a US company have a dispute under an arbitration clause. The US
company seeks to set aside an award on public policy grounds. Will their petition likely
succeed?

 Answer: c. No, because the US Company has not demonstrated that the award is
actually in conflict with the public policy of the Philippines.
 Explanation: To succeed in setting aside an award on public policy grounds, a party
must prove that the award violates fundamental public policy principles. Simply alleging
a conflict is insufficient.

33. Two companies, one from the Philippines and the other from the US, enter into a contract
with an arbitration clause. Which statement is true?

 Answer: a. The ADR Act will apply to the arbitration, even if the parties agree to
arbitrate the dispute under a different set of rules.
 Explanation: The Philippine ADR (Alternative Dispute Resolution) Act governs
arbitration proceedings involving Philippine parties, regardless of the rules chosen by the
parties, as long as Philippine law applies to the arbitration.

Question 34. Question:

A Filipino company and a US company enter into a contract with an arbitration clause
under UNCITRAL. Which statement is true?

 a. The UNCITRAL Model Law will apply even if the parties agree to arbitrate under a
different set of rules.
 b. The UNCITRAL Model Law applies only if the arbitration's place is in the Philippines.
 c. The UNCITRAL Model Law applies only if the arbitration's place is in the United
States and in default of any party agreement.
  d. The UNCITRAL Model Law does not apply because the parties agreed to arbitrate
under Philippine Arbitration Law.

Answer:

 d. The UNCITRAL Model Law does not apply because the parties agreed to arbitrate
under Philippine Arbitration Law.

Explanation:
The UNCITRAL Model Law is only applicable when it is chosen as the governing law or if no
specific arbitration rules are agreed upon. In this case, the parties explicitly agreed to resolve
disputes under Philippine Arbitration Law, thereby excluding the application of the UNCITRAL
Model Law.

Question 35. Question:

Two companies (Philippines and US) enter a contract with an arbitration clause under
Philippine Arbitration Law. The Filipino company sends arbitration notice to the US
company’s last known address. The US company claims it didn’t receive the notice. Is
the notice deemed delivered?

 a. Yes, because the notice was sent by registered letter.

 b. Yes, because the notice was sent to the US company’s last known address.
 c. No, because the US company did not actually receive the notice.
 d. No, because the notice was not sent per Rules of Court.

Answer:

 b. Yes, because the notice was sent to the US company’s last known address.

Explanation:
The Philippine Arbitration Law allows notices to be sent to the party’s last known address. It is
presumed that the party is duly notified once the notice is sent, regardless of whether the notice
was physically received, as long as it was sent correctly according to the rules.

Question 36. Question:

Two companies (Philippines and China) enter a contract with an arbitration clause under
Philippine Arbitration Law, but the clause is unsigned. Is the arbitration clause valid?

 a. Yes, because the contract is in writing.

 b. Yes, because the arbitration clause is contained in an exchanged document.
 c. No, because the arbitration clause is unsigned by both parties.
 d. No, because the clause is not in a separate document.

Answer:

 b. Yes, because the arbitration clause is contained in a document exchanged between

the parties.
Explanation:
Under the Philippine Arbitration Law, an arbitration agreement is valid as long as it is
documented and agreed upon, regardless of whether it is formally signed, as long as the intent
of the parties to arbitrate is clear. An exchanged document containing the clause suffices.

Question 37. Question:

A Filipino company sues a US company in a Philippine court despite an arbitration
clause. Should the court refer the dispute to arbitration?

 a. Yes, because the contract contains an arbitration clause.

 b. Yes, because the US company requested arbitration.
 c. No, because the dispute is already before the court.
 d. No, because the parties are from different countries.

Answer:

 a. Yes, because the contract contains an arbitration clause.

Explanation:
The presence of an arbitration clause obliges the court to dismiss or stay the case and refer the
matter to arbitration if one party requests it, as per the Philippine Arbitration Law and
international arbitration principles.

Question 38. The US company challenges the arbitrator's appointment on the grounds of
bias. Is the US company’s challenge likely to succeed?
Choices:

 a. Yes, because the arbitrator’s close relationship with the Filipino company’s CEO gives
rise to justifiable doubts about impartiality.
 b. No, because the Filipino company appointed the arbitrator and did not become aware
of the arbitrator’s close relationship with the Filipino company’s CEO until after the
appointment.
 c. No, because the parties did not agree to any specific qualifications for the arbitrator.
 d. No, because the US company has not demonstrated that the arbitrator’s close
relationship with the Filipino company’s CEO will actually affect the outcome of
arbitration.

Answer: a. Yes, because the arbitrator’s close relationship with the Filipino company’s
CEO gives rise to justifiable doubts about impartiality.
Explanation:
Impartiality and independence are critical for arbitration. If there are justifiable doubts about an
arbitrator’s impartiality due to a close relationship with one of the parties, the challenge is likely
to succeed under arbitration rules like those of the UNCITRAL Model Law.

Question 39. Shermimix Company files for arbitration and requests an interim injunction
to prevent Wilson's Pharmacy Corporation from selling assets. The tribunal finds
Shermimix has a likelihood of success on the merits and that selling assets at a rapid
pace will harm Shermimix. What is the consequence if the tribunal does not grant the
petition?
Choices:

 a. Shermimix Company will not be able to enforce the interim measure.

 b. Shermimix Company will not be able to enforce the substantive claim.
 c. Shermimix Company will not be able to enforce the arbitral award if it becomes
successful in arbitration.
 d. None of the above.

Answer: c. Shermimix Company will not be able to enforce the arbitral award if it
becomes successful in arbitration.
Explanation:
If Wilson’s assets are dissipated before the resolution of the arbitration, any favorable award for
Shermimix may become unenforceable due to the lack of available assets, rendering the
arbitration ineffective.

Question 40. Jopay Corporation and SMDC Incorporated are in a dispute. SMDC files an
arbitration claim on September 3, 2023, and arbitration begins 20 days after the
respondent’s receipt of the communication. The request was received on September 5,
and the tribunal was constituted on September 10. When do arbitral proceedings
commence?
Choices:

 a. September 5, 2023
 b. September 10, 2023
 c. October 3, 2023
 d. October 1, 2023

Answer: a. September 5, 2023

Explanation:
Under most arbitration rules, arbitral proceedings commence when the respondent receives the
request for arbitration. In this case, the communication was received on September 5, 2023,
marking the start of the proceedings.

Question 41 It refers to an arbitration covering relationships of a commercial nature,

including trade transactions, distribution agreements, and other commercial activities.
Choices:

 a. International Commercial Arbitration

 b. Commercial Arbitration
 c. Arbitration
 d. Convention

Answer: a. International Commercial Arbitration

Explanation:
"International Commercial Arbitration" is the term used for arbitration involving disputes arising
from commercial relationships, especially where the parties are from different countries or the
transaction involves international elements.
Question 42. Who is the appointing authority in an ad hoc arbitration?
Choices:

 a. Institution
 b. UN Secretariat or Secretary General
 c. National President of IBP
 d. All of the above

Answer: d. All of the above

Explanation:
In ad hoc arbitration, the parties can agree on an appointing authority. If they fail to agree, an
institution (such as the International Chamber of Commerce or other organizations), the UN
Secretariat, or other authorities like the IBP (Integrated Bar of the Philippines) may serve as
appointing authorities, depending on the rules applicable to the arbitration.

Question 43. A Filipino company and a US company enter into a contract with an
arbitration clause specifying disputes to be resolved under Philippine Arbitration Law,
but no place of arbitration is agreed upon. Where will the arbitration be held?
Choices:

 a. In Metro Manila, because the parties did not agree on a place of arbitration and Metro
Manila is the default under the Philippine Arbitration Law.
 b. In the Philippines, but not necessarily in Metro Manila. The arbitral tribunal has the
discretion to choose a different place in the Philippines, taking into account the
circumstances and convenience of the parties.
 c. In a place that is convenient for both parties, as determined by the arbitral tribunal.
 d. In a place that is convenient for the majority of the arbitrators.

Answer: b. In the Philippines, but not necessarily in Metro Manila.

Explanation:
Under the Philippine Arbitration Law, if the place of arbitration is not agreed upon, the tribunal
has the discretion to determine the place based on the case's circumstances, including the
parties' convenience. There is no rule that Metro Manila automatically becomes the default
venue.

Question 44. A three-member arbitral tribunal is considering a procedural question about

admissibility of evidence. One arbitrator believes the evidence is admissible, while two
others believe it is inadmissible. How will the question be decided?
Choices:

 a. The arbitral tribunal will vote on the procedural question, and the decision will be
made by a majority vote.
 b. The presiding arbitrator will decide the procedural question.
 c. The arbitral tribunal will decide the procedural question by consensus.
 d. The arbitral tribunal will not be able to decide, and the dispute will be resolved by a
court.

Answer: a. The arbitral tribunal will vote on the procedural question, and the decision will
be made by a majority vote.
Explanation:
Under arbitration rules, decisions on procedural matters, including admissibility of evidence, are
generally decided by majority vote within the tribunal. This ensures that all arbitrators participate
in the decision-making process.

Question 45. An arbitral tribunal in the Philippines issues an award. The respondent
requests the tribunal to correct an error in computation and provide an interpretation of a
specific point in the award. Which statement is true?
Choices:

 a. The tribunal must correct the error in computation and give an interpretation, even if
the claimant objects.
 b. The tribunal has the discretion to decide whether to correct the error or provide an
interpretation.
 c. The tribunal cannot correct the error or provide an interpretation without the consent of
both parties.
 d. The tribunal must make a decision on the respondent's request within 30 days of
receiving it.

Answer: b. The tribunal has the discretion to decide whether to correct the error or
provide an interpretation.
Explanation:
Under arbitration rules, the tribunal has the authority to correct clerical or computational errors
and provide interpretations when necessary. However, this is discretionary and depends on the
tribunal’s assessment of the situation.

Question 46. It means by which a Philippine court gives legal acknowledgment to a

foreign arbitral award, making it enforceable under Philippine law.
Choices:

 a. Recognition
 b. Confirmation
 c. Enforcement
 d. None of the above

Answer: a. Recognition
Explanation:
Recognition refers to a court formally acknowledging the validity of a foreign arbitral award,
allowing it to be enforceable under local laws. Without recognition, enforcement of the award
cannot proceed.

Question 47. It refers to the judicial affirmation of a domestic arbitral award.

Choices:

 a. Recognition
 b. Confirmation
 c. Enforcement
 d. None of the above
Answer: b. Confirmation
Explanation:
For domestic arbitral awards, judicial confirmation is required for them to be enforceable.
Confirmation is the process where the court affirms the validity of the arbitral decision within its
jurisdiction.

Question 48. It refers to the execution and implementation of the foreign arbitral award
through Philippine legal processes.
Choices:

 a. Recognition
 b. Confirmation
 c. Enforcement
 d. None of the above

Answer: c. Enforcement
Explanation:
Under Philippine law, specifically the Alternative Dispute Resolution Act (RA 9285), foreign
arbitral awards must be enforced for them to take effect in the country. Enforcement refers to
the actual implementation or execution of the arbitral decision. Recognition, on the other hand,
is the formal acknowledgment of the award’s validity, but enforcement entails ensuring
compliance.

Question 49. The Regional Trial Court has jurisdiction to try the following cases, except:
Choices:

 a. The arbitration proceedings are conducted

 b. Where the asset to be attached or levied upon, or the act to be enjoined, is located
 c. Where any of the parties to the dispute resides or has its place of business
 d. In the National Capital Region at the option of the applicant

Answer: a. The arbitration proceedings are conducted

Explanation:
The Regional Trial Court (RTC) does not have jurisdiction over arbitration proceedings
themselves, as arbitration is conducted independently of court processes. However, the RTC
may intervene for judicial relief or support, such as enforcement of awards or interim measures,
provided the asset or party is within its territorial jurisdiction.

Question 50. The costs of arbitration do not include the following, except:
Choices:

 a. The travel and other expenses incurred by the arbitrators

 b. The travel and other expenses incurred by the judge
 c. The filing fee of one thousand pesos
 d. None of the above

Answer: a. The travel and other expenses incurred by the arbitrators

Explanation:
The costs of arbitration typically include the arbitrators' fees, their travel expenses, and other
administrative costs. However, costs related to judges are not part of arbitration expenses, as
judges do not play a role in arbitration proceedings. This question seeks the exception, which is
the arbitrators’ travel and expenses.