QuestionsQuestions (OSG)
The Rules aim to provide a fair and expeditious settlement of disputes among NGAs through a non-judicial process that promotes harmonious and friendly relationships among the parties.
ADR is any process for resolving a dispute or controversy other than by judicial adjudication. The Rules expressly mention Mediation, Arbitration, and Early Neutral Evaluation, among others.
The Solicitor General chooses the most appropriate mode according to the nature of the interests involved.
Yes. Mediation applies to all disputes, claims, and controversies, including incipient ones and those ongoing or pending cases with the OSG, as long as they meet the coverage criteria and do not involve excluded subject matters.
After evaluating the nature of the dispute, the Solicitor General determines whether it is appropriate for mediation under Section 2.1 criteria.
Each party must submit either an appropriate Board Resolution or a Special Power of Attorney showing that their representative is fully authorized to appear, negotiate, and enter into (1) a stipulation of facts and (2) a compromise agreement.
Mediator: parties select from the accredited OSG lawyer-mediators roster with the assigned ASG assisting; if they cannot agree, the assigned ASG assigns the mediator. Arbitration tribunal: the Solicitor General may appoint a sole arbitrator or a panel, chosen from the list of accredited OSG lawyer-arbitrators; the Solicitor General also handles replacements.
If no settlement is reached, mediation is terminated thirty (30) working days after the initial mediation conference, unless the parties agree to continue; an extension of another thirty (30) working days may be granted with written approval of the Solicitor General.
Mediation proceedings and all incidents thereto are strictly confidential. Admissions or statements made therein are inadmissible for any purpose in any proceeding. Specific items (e.g., views/suggestions for settlement, mediator proposals, willingness to accept a proposal, and the fact of willingness) cannot be relied upon or introduced as evidence in other proceedings.
A mediated compromise agreement may be converted into an arbitral award under R.A. 9285, submitted to the Solicitor General and later to the Secretary of Justice under Section 70, Chapter 14, E.O. 292 for final approval.
Arbitration may be used for disputes between/among NGAs that were not earlier selected for mediation by the Solicitor General, including: (a) cases of first instance where a petition for arbitration is filed; (b) matters forwarded after failed mediation; and (c) matters referred by the Secretary of Justice—excluding purely legal/constitutional and non-compromisable matters.
Because arbitration is an agreed/authorized means of dispute settlement under the Rules, parties to an arbitrable dispute must arbitrate first; they may not bypass arbitration and file directly in regular courts for matters covered by arbitration.
The petition must contain: (1) names and addresses of the parties; (2) the ultimate facts; (3) the signature of the head of the government agency; and (4) disclosure on whether the matter is pending before another forum. It must be verified by an affidavit with compliance with the 2004 Rules on Notarial Practice.
The proceedings continue despite the respondent’s absence or refusal. The Solicitor General appoints the sole arbitrator or tribunal if needed; the award is made after receiving evidence of the claimant. If the respondent later appears before award to present evidence, the proceedings may be reopened to allow the respondent’s evidence.
The tribunal must render the award within thirty (30) days from submission of the parties’ draft decisions. The award must state clearly and distinctly the facts and the law relied upon, and include the issues involved, a brief statement/discussion of facts, and the authority relied upon.