Question & AnswerQ&A (CIAC Resolution NO. 9-98)
The policy of the State is to encourage the early and expeditious settlement of disputes in the Philippine construction industry.
The CIAC Rules of Conciliation aim to provide a fair and expeditious nonjudicial settlement of construction disputes, ensuring harmonious and friendly relationships between or among the parties.
These Rules apply to conciliation of construction disputes as defined in Executive Order No. 1008 and the CIAC Rules on Arbitration of Construction Disputes.
Disputes may be submitted when there is a conciliation agreement, upon a party's request if the dispute is not already submitted to court or arbitrator, or when both parties request conciliation before or during arbitration or litigation.
The term 'mediation' in a mediation agreement is synonymous with 'conciliation' under these rules.
The claimant must file a Request for Conciliation detailing the dispute, parties, addresses, amount in dispute, relief sought, pay required fees, and nominate at least three CIAC-accredited conciliators.
CIAC appoints a conciliator who is the common nominee; if none, CIAC appoints a qualified CIAC-accredited conciliator not nominated by either party.
No, the presence of lawyers is not required in conciliation proceedings.
Proceedings are confidential; only parties, authorized representatives/witnesses present; ex-parte communications and submitted documents require party consent for sharing; conciliator does not record proceedings; documents returned after proceedings; and no evidence from the conciliation is admissible in court or arbitration.
Conciliation ends if parties settle and sign agreement; or both agree conciliation failed; or one/both parties refuse to attend further meetings; conciliator then submits a report to CIAC.
No, a person who acted as conciliator shall not be appointed or act as arbitrator for the same dispute, and vice versa.
CIAC shall notify the claimant that conciliation cannot proceed.
The conciliator facilitates settlement by interviewing parties/witnesses, applying fairness and justice principles, making or encouraging settlement proposals, and formulating settlement terms based on parties’ observations.
There shall be only one conciliator unless the parties’ conciliation agreement provides otherwise.
Yes, all CIAC-accredited arbitrators are automatically accredited for conciliation services.