Question & AnswerQ&A (Republic Act No. 9285)
Republic Act No. 9285 is known as the "Alternative Dispute Resolution Act of 2004."
The policy of the State is to actively promote party autonomy in dispute resolution by encouraging the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and to de-clog court dockets.
It means any process or procedure used to resolve a dispute other than by adjudication of a court or government agency officer, involving a neutral third party to assist in resolving issues, including arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or combinations thereof.
ADR Providers are institutions or persons accredited as mediator, conciliator, arbitrator, neutral evaluator, or persons exercising similar ADR functions. Parties may also choose non-accredited individuals as ADR practitioners.
The Act does not apply to labor disputes under the Labor Code, civil status of persons, validity of marriage, grounds for legal separation, jurisdiction of courts, future legitime, criminal liability, and those disputes which by law cannot be compromised.
Information obtained through mediation is privileged and confidential. Parties, mediators, and non-party participants may refuse disclosure. Such confidential information is inadmissible in adversarial proceedings except under specific exceptions defined by the law.
Yes, the privilege can be waived in writing or orally by the mediator, mediation parties, or a non-party participant. Disclosure of confidential information precludes asserting the privilege to bar further necessary disclosures.
Exceptions include information in signed agreements, public information, threats or plans to commit crimes, claims of abuse or neglect, professional misconduct or malpractice claims in relation to mediation, and where courts find substantial need after in-camera hearings.
The Office is an attached agency to the Department of Justice tasked to promote, develop, and expand ADR use; monitor and evaluate ADR programs; formulate standards for ADR practitioners and providers; and charge fees for services.
They are governed by the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law, ensuring uniformity and international standards.
A party may be represented by any person of their choice; however, a representative not admitted to the Philippine bar cannot appear in Philippine courts or quasi-judicial bodies in relation to the arbitration.
A court may grant interim measures of protection before or during arbitration; it may assist in enforcing such measures, and it shall refer disputes to arbitration if an arbitration agreement exists, unless found null or inoperative.
A mediated settlement agreement is signed by the parties and may be filed with the court. The court can enforce it summarily like a final judgment. Parties may also agree to have the mediator issue an arbitral award based on the settlement.
Construction disputes within the exclusive jurisdiction of the Construction Industry Arbitration Commission (CIAC) are covered, including disputes among project owners, contractors, subcontractors, consultants, and other parties bound by arbitration agreements.
By written agreement, an arbitrator may act as a mediator, and a mediator may act as an arbitrator. After mediation, the mediator may issue the settlement agreement as an arbitral award if agreed by the parties.