Question & AnswerQ&A (NEA MEMORANDUM NO. 2011-007)
Republic Act No. 9285, known as the Alternative Dispute Resolution Act of 2004, mandates the institutionalization and promotion of ADR as a means to achieve speedy and impartial justice and to declog court dockets.
The Alternative Dispute Resolution System refers to any process used to resolve disputes other than adjudication by a court or government agency, involving a neutral third party assisting in resolution, including arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof.
All Electric Cooperatives (ECs), including the Board of Directors, General Managers, officials, employees, member-consumers, and other stakeholders, are covered under the NEA ADR Policy.
Mediation is primarily adopted, where mediators facilitate communication and negotiation between disputing parties to reach a voluntary agreement.
To promote party autonomy, ensure speedy dispute settlement, minimize expense in dispute resolution, and avoid conflict escalation that could require legal jurisdiction.
The Deputy Administrator for Electric Distribution Utilities Services (EDUS), supported by an organized ADR Secretariat, is responsible for implementing the NEA's ADR policy.
The ADR Secretariat and accredited ADR Specialists validate reports about disputes, determine the applicability of mediation, and arrange for and conduct mediation proceedings.
If mediation fails, the dispute is endorsed to the ADCOM (Administrative Committee) for appropriate action, and the ADCOM is no longer mandated to conduct mediation or conciliation proceedings.
NEA adopts and implements ADR pursuant to its amotu-proprio powers under its charter, allowing it to initiate the process of resolving conflicts within Electric Cooperatives.
The NEA ADR Policy took effect immediately upon its adoption on December 28, 2010.