Question & AnswerQ&A (Republic Act No. 9285)
Republic Act No. 9285 shall be known as the "Alternative Dispute Resolution Act of 2004."
The State declares it a policy to actively promote party autonomy in the resolution of disputes and to encourage the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets.
Alternative Dispute Resolution System means any process or procedure used to resolve a dispute or controversy other than adjudication by a court or government agency officer, involving a neutral third party assisting in the resolution, including arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof.
The Act does not apply to resolution or settlement of labor disputes covered by the Labor Code, civil status of persons, validity of marriage, grounds for legal separation, jurisdiction of courts, future legitime, criminal liability, and disputes which by law cannot be compromised.
Information obtained through mediation is privileged and confidential, not subject to discovery or admissible in judicial or quasi-judicial proceedings, except under specified exceptions such as threats of bodily injury, professional misconduct claims, or when disclosed with waiver.
Before accepting mediation, a mediator must inquire and disclose any known facts that may affect impartiality, including any financial or personal interest or relationships with parties. If such facts are learned after acceptance, the mediator must disclose them as soon as practicable.
The Office for Alternative Dispute Resolution, attached to the DOJ, promotes, develops, and expands the use of ADR in private and public sectors, monitors ADR implementation, formulates standards and certifies ADR practitioners, and carries out necessary acts to implement the Act.
International commercial arbitration is governed by the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on June 21, 1985.
A court shall refer parties to arbitration if an action involves a matter subject to an arbitration agreement and if at least one party requests referral not later than pre-trial, unless the arbitration agreement is null, void, or incapable of performance.
A domestic arbitral award, once confirmed by the Regional Trial Court as per the Rules of Procedure promulgated by the Supreme Court, shall be enforced in the same manner as a final and executory judgment of the Regional Trial Court.