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    Crim 108 Reviewer

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    PRINCES ALLEN MATULAC
    This document defines various alternative dispute resolution (ADR) methods like arbitration, mediation, conciliation, and mini-trials. It also discusses key terms related to ADR like mediator, mediation party, non-party participant. The document outlines the qualities of a good mediator and considerations for mediator replacement or refusal. Finally, it briefly touches on international arbitration, domestic arbitration, and contents of an arbitration award.

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    Crim 108 Reviewer

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    PRINCES ALLEN MATULAC
    8 views2 pages
    This document defines various alternative dispute resolution (ADR) methods like arbitration, mediation, conciliation, and mini-trials. It also discusses key terms related to ADR like mediator, mediation party, non-party participant. The document outlines the qualities of a good mediator and considerations for mediator replacement or refusal. Finally, it briefly touches on international arbitration, domestic arbitration, and contents of an arbitration award.

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    Dispute

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    CRIM-108-REVIEWER

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    This document defines various alternative dispute resolution (ADR) methods like arbitration, mediation, conciliation, and mini-trials. It also discusses key terms related to ADR like mediator, mediation party, non-party participant. The document outlines the qualities of a good mediator and considerations for mediator replacement or refusal. Finally, it briefly touches on international arbitration, domestic arbitration, and contents of an arbitration award.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    8 views2 pages

    Crim 108 Reviewer

    Uploaded by

    PRINCES ALLEN MATULAC
    This document defines various alternative dispute resolution (ADR) methods like arbitration, mediation, conciliation, and mini-trials. It also discusses key terms related to ADR like mediator, mediation party, non-party participant. The document outlines the qualities of a good mediator and considerations for mediator replacement or refusal. Finally, it briefly touches on international arbitration, domestic arbitration, and contents of an arbitration award.

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    Arbitration • Institutional Mediation

    ADR Act of 2004 defined this as the • Court-Annexed Mediation


    voluntary resolution of dispute in which one or
    • Court-Referred Mediation
    more arbitrators are appointed by the parties
    • Certified Mediator
    Conciliation
    • Mediation Party
    Adjustment of dispute in a friendly, not
    in an antagonistic manner • Mediator
    Mediation • Non-Party Participant
    A neutral party facilitates the Mediator
    communication and negotiation
    the parties have the freedom to select
    Early Neutral Evaluation their mediators.
    Parties and their lawyer and their Replacement of Mediator
    lawyers are brought together to present
    summaries of their case and received a non If the mediator selected in unable to act
    binding assessment by an experienced neutral as such for any reason, the parties may, upon
    person with expertise in the subject or in being informed of such fact, select another
    substance of the dispute. mediator.

    Mini-trial Refusal or Withdrawal of Mediator

    Structured dispute resolution method in A mediator may refuse from acting as


    which the merits of a case are argued before such, withdraw or may be compelled to
    makers with or without the presence of neutral withdraw, from the mediation proceedings
    third person after which party seek a negotiated under the following circumstances.
    settlement Qualities of a Good Mediator
    Mediation-Arbitration - Active listening skills
    A dispute resolution process involving - Questioning and clarifying skills
    both mediation and arbitration
    - Emotional intelligence
    Sources of Alternative Dispute Resolution
    - Summarizing skills
    ◦ Domestic Laws and Rules
    - Empathy
    ◦ Acts of the Executive Branch
    - Integrity
    ◦ Decisions of the Supreme Court
    - Patience
    ◦ International Laws
    Consideration
    ◦ General Principles of Law and Equity
    mediator shall not make untruthful or
    Terms to Define exaggerated claims
    • Ad Hoc Mediation
    International Arbitration

    An arbitration where the parties


    to an arbitration agreement have, at the
    time of the conclusion of that
    agreement, their places of business in
    different states or one of the following
    places situated outside the Philippines
    in which the parties have their places of
    business

    Domestic Arbitration

    Arbitration that is not


    international

    Terms to consider

    ◦ Ad hoc Arbitration

    ◦ Appointing authority in Ad hoc


    Arbitration

    ◦ Appointing Authority Guidelines

    ◦ Arbitral Tribunal

    ◦ Claimant

    ◦ Institutional arbitration

    ◦ Request for Appointment

    ◦ Representative

    ◦ Respondent

    ◦ Written Communication

    Form and Contents of Award

    ◦ In writing and signed by arbitrators

    Termination of Proceedings

    ◦ The arbitral proceedings are terminated


    by the final award or by an order of the
    arbitral tribunal

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