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ALTERNATIVE DISPUTE RESOLUTION {ADR} AND THE GRIEVANCE PROCEDURE IN THE DEPED

ADR System any process

or procedure used to resolve


a dispute or controversy

other than by adjudication of

a presiding judge.

What does ADR include?

- dispute resolution processes


and techniques that fall outside the government judicial process.

4 Types of ADR

1. Negotiation
2. Mediation 3. Collaborative Law

4. Arbitration

Other Forms of ADR

1. Case Evaluation
2. Early Neutral Evaluation 3. Family Group Conference 4. Neutral Fact Finding 5. Ombuds

Common Types of Cases in the DepEd Teacher vs Teacher Teacher vs Students Teacher vs Principal/Administrator Administrator vs Administrator Student vs Principal/Administrator Community vs Administrator Community vs Teacher Student vs Student

Types of Disputes covered by D.O. No. 35, s. 2004 Teacher vs Teacher

Teacher vs Principal/Administrator
Administrator vs Administrator

Basis of D.O. No. 35, s. 2004 CSC Resolution No. 010113, dated

January 10, 2002 and implemented


through CSC Memorandum Circular

No. 2, s. 2001.

Basic Policies of D.O. 35, s. 2004 grievance shall be resolved


expeditiously at all times at the lowest possible level. aggrieved party is assured of freedom. grievance proceedings not bound by legal rules and technicalities. equal opportunities for men and women.

Objectives: activate/strengthen the Departments existing grievance machinery settle grievance at the lowest possible level provide catalyst for personnel to settle disputes

Scope of D.O. No. 35, s, 2004 The grievance machinery shall apply to all levels of officials and employees in DepEd, including

non-career employees whenever


applicable.

Grievance refers to a work-related discontentment or dissatisfaction which had been expressed verbally or in writing. Grievance Machinery a system or method determining/finding best way to address grievance.

Grievable Matters:
non-implementation of policies, practices on economic and financial issues non-implementation of policies which affect employees from recruitment to promotion etc. inadequate physical working condition poor interpersonal relationship protest on appointment other matters

Cases may not be acted upon through the grievance machinery. disciplinary cases

sexual harassment cases


union related issues and concerns

The Grievance Procedure discussion with immediate supervisor appeal to the higher supervisor appeal to the grievance committee appeal to the Office of the DepEd Secretary appeal to the Civil Service Commission

Grievance Committee Jurisdiction of Grievance Committee Decision of the Grievance Committee

Composition of the Grievance Committee a. School Grievance Committee

b. District Grievance Committee


c. Schools Division Grievance

Committee
d. Regional Grievance Committee

Responsibilities of Grievance Committee a. Establish its own procedures and strategies b. Develop and implement pro-active measures c. Conduct continuing information drive d. Conduct dialogues between/among parties involved e. Direct the documentation of the grievance f. Issue CFAG g. Submit a quarterly report

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