conciliator, arbitrator or neutral

evaluator
Republic Act No. 9285 – Alternative Dispute  Arbitration. – Is a voluntary dispute
Resolution Act of 2004 resolution process in which one or more
arbitrators, appointed in accordance
with the agreement of the parties, or
Declaration of Policy. rules promulgated pursuant to this Act,
- It is the policy of the State to actively resolve a dispute by rendering an award
promote party autonomy in the resolution  Arbitrator. – the person appointed to
of disputes or the freedom of the party to render an award, alone or with others, in
make their own arrangements to resolve a dispute that is the subject of an
their disputes. Towards this end, the State arbitration agreement
shall encourage and actively promote the  Award. – any partial or final decision by
use of Alternative Dispute Resolution (ADR) an arbitrator in resolving the issue in a
as an important means to achieve speedy controversy
and impartial justice and declog court  Confidential Information. – any
dockets. As such, the State shall provide information, relative to the subject of
means for the use of ADR as an efficient tool mediation or arbitration, expressly
and an alternative procedure for the intended by the source not to be
resolution of appropriate cases. Likewise, disclosed, or obtained under
the State shall enlist active private sector circumstances that would create a
participation in the settlement of disputes reasonable expectation on behalf of the
through ADR. This Act shall be without source that the information shall not be
prejudice to the adoption by the Supreme disclosed
Court of any ADR system, such as  Convention Ward. – means a foreign
mediation, conciliation, arbitration, or any arbitral award made in a Convention
combination thereof as a means of State
achieving speedy and efficient means of  Court-Annexed Mediation. – means any
resolving cases pending before all courts in mediation process conducted under the
the Philippines which shall be governed by auspices of the court, after such court
such rules as the Supreme Court may has acquired jurisdiction of the dispute
approve from time to time.  Court-Reffered Mediation. – means
mediation ordered by a court to be
Definition of Terms. conducted in accordance with the
Agreement of the Parties when as action
 Alternative Dispute Resolution System. – is prematurely commenced in violation
any process or procedure used to of such agreement
resolve a dispute or controversy, other  Early Neutral Evaluation. – means an
than by adjudication of a presiding judge ADR process wherein parties and their
of a court or an officer of a government lawyers are brought together early in a
agency, as defined in this Act, in which a pre-trial phase to present summaries of
neutral third party participates to assist their cases and receive a nonbinding
in the resolution of issues, which assessment by an experienced, neutral
includes arbitration, mediation, person, with expertise in the subject in
conciliation, early neutral evaluation, the substance of the dispute
mini-trial, or any combination thereof  International Party. – means an ADR
 ADR Provider. – institutions or persons process wherein parties and their
accredited as mediator, conciliator, lawyers are brought together early in a
arbitrator, neutral evaluator, or any pre-trial phase to present summaries of
person exercising similar functions in their cases and receive a nonbinding
any Alternative Dispute Resolution assessment by an experienced, neutral
system. This is without prejudice to the person, with expertise in the subject in
rights of the parties to choose non- the substance of the dispute
accredited individuals to act as  Mediation. – means a voluntary process
mediator, conciliator, arbitrator, or in which a mediator, selected by the
neutral evaluator of their dispute. disputing parties, facilitates
Whenever referred to in this Act, the communication and negotiation, and
term "ADR practitioners" shall refer to assist the parties in reaching a voluntary
individuals acting as mediator, agreement regarding a dispute

Group 2: Alternative Dispute Resolution 1

  Mediation Arbitration. – a step dispute (5) any persons hired or engaged in connection
resolution process involving both with the mediation as secretary, stenographer,
mediation and arbitration clerk or assistant; and
 Mini-Trial. – means a structured dispute (6) any other person who obtains or possesses
resolution method in which the merits of confidential information by reason of his/her
a case are argued before a panel profession
comprising senior decision makers with (e) The protections of this Act shall continue to
or without the presence of a neutral apply even of a mediator is found to have failed
third person after which the parties seek to act impartially.
a negotiated settlement. (f) a mediator may not be called to testify to
 Non-Party Participant. – means a provide information gathered in mediation. A
person, other than a party or mediator, mediator who is wrongfully subpoenaed shall be
who participates in a mediation reimbursed the full cost of his attorney's fees
proceeding as a witness, resource and related expenses.
person or expert
Waiver of Confidentiality.
 Roster. – means a list of persons  A privilege arising from the
qualified to provide ADR services as confidentiality of information may be
neutrals or to serve as arbitrators. waived in a record, or orally during a
proceeding by the mediator and the
Exception to the Application of this Act. mediation parties.
•The provisions of this Act shall not apply to  A privilege arising from the
resolution or settlement of the following: confidentiality of information may
(a) labor disputes covered by Presidential Decree likewise be waived by a nonparty
No. 442, otherwise known as the Labor Code of participant if the information is provided
the Philippines, as amended and its by such nonparty participant
Implementing Rules and Regulations;
(b) the civil status of persons; Exceptions to Privilege.
(c) the validity of a marriage; 1) There is no privilege against disclosure under
(d) any ground for legal separation; Section 9 if mediation communication is:
(e) the jurisdiction of courts; a) in an agreement evidenced by a record
(f) future legitime; authenticated by all parties to the
(g) criminal liability; and agreement;
(h) those which by law cannot be compromised. b) available to the public or that is made
during a session of a mediation which is
Principles and Guidelines in Mediation. open, or is required by law to be open,
(a) Information obtained through mediation to the public;
shall be privileged and confidential. c) a threat or statement of a plan to inflict
(b) A party, a mediator, or a nonparty participant bodily injury or commit a crime of
may refuse to disclose and may prevent any violence
other person from disclosing a mediation d) internationally used to plan a crime,
communication. attempt to commit, or commit a crime,
(c) Confidential Information shall not be subject or conceal an ongoing crime or criminal
to discovery and shall be inadmissible if any activity;
adversarial proceeding, whether judicial or e) sought or offered to prove or disprove
quasi-judicial, However, evidence or information abuse, neglect, abandonment, or
that is otherwise admissible or subject to exploitation in a proceeding in which a
discovery does not become inadmissible or public agency is protecting the interest
protected from discovery solely by reason of its of an individual protected by law; but
use in a mediation. this exception does not apply where a
(d) In such an adversarial proceeding, the child protection matter is referred to
following persons involved or previously mediation by a court or a public agency
involved in a mediation may not be compelled to participates in the child protection
disclose confidential information obtained mediation
during mediation: f) sought or offered to prove or disprove a
(1) the parties to the dispute; claim or complaint of professional
(2) the mediator or mediators; misconduct or malpractice filed against
(3) the counsel for the parties; mediator in a proceeding; or
(4) the nonparty participants;

Group 2: Alternative Dispute Resolution 2

 g) sought or offered to prove or disprove a or where a settlement was
claim of complaint of professional reached.
misconduct of malpractice filed against a (b) As permitted to be disclosed
party, nonparty participant, or under Section 13 of this
representative of a party based on Chapter.
conduct occurring during a mediation.
2) There is no privilege under Section 9 if a The mediation shall be guided by the ff.
court or administrative agency, finds, after a operative principles:
hearing in camera, that the party seeking
discovery of the proponent of the evidence (1) Before accepting a mediation, an
has shown that the evidence is not individual who is requested to serve
otherwise available, that there is a need for as a mediator shall:
the evidence that substantially outweighs (a) make an inquiry that is
the interest in protecting confidentiality, and reasonable under the
the mediation communication is sought or circumstances to determinate
offered in whether there are any known
3) here is no privilege under Section 9 if a court facts that a reasonable individual
or administrative agency, finds, after a would consider likely to affect
hearing in camera, that the party seeking the impartiality of the mediator,
discovery of the proponent of the evidence including a financial or personal
has shown that the evidence is not interest in the outcome of the
otherwise available, that there is a need for mediation and any existing or
the evidence that substantially outweighs past relationship with a party or
the interest in protecting confidentiality, and foreseeable participant in the
the mediation communication is sought or mediation; and
offered in (b) disclose to the mediation parties
(1) a court proceeding involving a any such fact known or learned as
crime or felony; or soon as is practical before
(2) a proceeding to prove a claim or accepting a mediation.
defense that under the law is (2) If a mediator learns any fact
sufficient to reform or avoid a described in paragraph (a) (1) of this
liability on a contract arising out section after accepting a mediation,
of the mediation. the mediator shall disclose it as soon
4) A mediator may not be compelled to provide as practicable.
evidence of a mediation communication or
testify in such proceeding.  At the request of a mediation party, an
5) If a mediation communication is not individual who is requested to serve as
privileged under an exception in subsection mediator shall disclose his/her
(a) or (b), only the portion of the qualifications to mediate a dispute.
communication necessary for the  This Act does not require that a mediator
application of the exception for shall have special qualifications by
nondisclosure may be admitted. The background or profession unless the
admission of particular evidence for the special qualifications of a mediator are
limited purpose of an exception does not required in the mediation agreement or
render that evidence, or any other by the mediation parties
mediation communication, admissible for
any other purpose Participation in Mediation.
 Except as otherwise provided in this Act,
Prohibited Mediator Reports. a party may designate a lawyer or any
 A mediator may not make a report, other person to provide assistance in the
assessment, evaluation, mediation. A lawyer of this right shall be
recommendation, finding, or other made in writing by the party waiving it.
communication regarding a mediation A waiver of participation or legal
to a court or agency or other authority representation may be rescinded at any
that make a ruling on a dispute that is time
the subject of a mediation, except:
(a) Where the mediation Place of Mediation.
occurred or has terminated,  The parties are free to agree on the
place of mediation. Failing such

Group 2: Alternative Dispute Resolution 3

 agreement, the place of mediation shall of procedure as may be promulgated
be any place convenient and by the Supreme Court.
appropriate to all parties d. The parties may agree in the
settlement agreement that the
Effect of Agreement to Submit Dispute to mediator shall become a sole
Mediation Under Institutional Rules. arbitrator for the dispute and shall
 An agreement to submit a dispute to treat the settlement agreement as an
mediation by any institution shall arbitral award which shall be subject
include an agreement to be bound by to enforcement under Republic Act
the internal mediation and No. 876, otherwise known as the
administrative policies of such Arbitration Law, notwithstanding the
institution. Further, an agreement to provisions of Executive Order No.
submit a dispute to mediation under 1008 for mediated dispute outside of
international mediation rule shall be the CIAC
deemed to include an agreement to
have such rules govern the mediation of Other ADR Forms. –
the dispute and for the mediator, the  The parties may agree to refer one or
parties, their respective counsel, and more or all issues arising in a dispute or
nonparty participants to abide by such during its pendency to other forms of
rules. ADR such as but not limited to (a) the
 In case of conflict between the evaluation of a third person or (b) a mini-
institutional mediation rules and the trial, (c) mediation-arbitration, or a
provisions of this Act, the latter shall combination thereof.
prevail.
International Commercial Arbitration.
Enforcement of Mediated Settlement  International commercial arbitration
Agreement. shall be governed by the Model Law on
International Commercial Arbitration
a. A settlement agreement following (the "Model Law") adopted by the
successful mediation shall be United Nations Commission on
prepared by the parties with the International Trade Law on June 21,
assistance of their respective counsel, 1985 (United Nations Document
if any, and by the mediator. The A/40/17) and recommended approved
parties and their respective counsels on December 11, 1985, copy of which is
shall endeavor to make the terms and hereto attached as Appendix "A".
condition thereof complete and make
adequate provisions for the Group 2 Members:
contingency of breach to avoid 1. Rosario Lego
conflicting interpretations of the 2. Regina Zagala
agreement 3. Eunice Pilador
b. The parties and their respective 4. Darryl Dojillo
counsels, if any, shall sign the 5. Nezzi Vegafria
settlement agreement. The mediator 6. Roland Cadiao
shall certify that he/she explained the 7. Angelo Ciudadano
contents of the settlement agreement 8. Kristine Tupas-Padrones
to the parties in a language known to 9. Denmark Molina
them. 10. Agnes Surmieda
c. If the parties so desire, they may 11. Mary Tanallon-Velasco
deposit such settlement agreement 12. Czarina Valencia
with the appropriate Clerk of a 13. Paulette Huelar
Regional Trial Court of the place 14. Sean Carlo Loriega
where one of the parties resides. 15. Hanna Supetran
Where there is a need to enforce the 16. Esther Nievales
settlement agreement, a petition may 17. Chrizia Cereneo
be filed by any of the parties with the 18. Herman G. Celiz Jr.
same court, in which case, the court 19. Hartney May Labaco
shall proceed summarily to hear the 20. Jose Detera
petition, in accordance with such rules 21. Riza Planco
22. Achmed Posadas

Group 2: Alternative Dispute Resolution 4