Question & AnswerQ&A (OSG)
The purpose is to provide a fair and expeditious settlement of disputes among NGAs through a non-judicial process that ensures harmonious and friendly relationships between or among the parties.
ADR means any process for resolving a dispute or controversy other than by judicial adjudication, including Mediation, Arbitration, or Early Neutral Evaluation.
The Solicitor General is authorized to choose the most appropriate mode of dispute resolution according to the nature of the interests involved.
Disputes involving constitutional issues, public order, public policy, morals, principles of public exemplarity or other matters of public interest must be resolved through adjudication and are not covered by these ADR Rules.
A National Government Agency (NGA) means any governmental entity, office or officer, other than a court, vested by law with quasi-judicial power or the power to resolve or adjudicate disputes involving the government, its agencies and instrumentalities or private persons, excluding government-owned or controlled corporations as defined in P.D. No. 2029.
Mediation is a voluntary process where a neutral third party facilitates communication and negotiation, assisting the parties in reaching a voluntary agreement. The mediation rules apply to disputes between or among NGAs that do not involve constitutional or public interest issues and may include private third parties indispensable to the resolution.
Arbitrators must be OSG accredited lawyers not related by blood or marriage within the sixth degree to any party, must not have financial or personal bias, and must disclose any circumstances affecting impartiality. They must also avoid conflicts of interest.
The arbitration proceeds despite a party's failure or refusal to participate. The Solicitor General appoints arbitrators, and the proceedings continue based on the claimant's evidence. The respondent may present evidence if appearing before the award.
The arbitrator or arbitral tribunal shall render a decision in the form of an award within thirty (30) days from the submission of the parties' draft decisions.
Mediation proceedings and incidents are strictly confidential, with all admissions or statements therein inadmissible in any proceeding. Arbitration proceedings are confidential and shall not be published except with party consent. No transcripts or minutes of mediation sessions are kept, except mediator reports.
Yes, mediated settlement agreements may be enforced under the rules provided by Republic Act No. 9285 (Alternative Dispute Resolution Act) and the implementing rules of the Supreme Court and Department of Justice.
Grounds include corruption, fraud or undue means in procuring the award, evident partiality or corruption of arbitrators, misconduct or refusal to hear pertinent evidence, arbitrators' disqualification or misbehavior, and exceeding or imperfect execution of powers resulting in no mutual, final, and definite award.
The award becomes final and binding upon the parties with the same force as a final decision of a court of justice.
Yes, an appeal may be taken to the Office of the President by filing a notice within fifteen (15) days from receipt of the Secretary of Justice's action. The award becomes final only after affirmation by the Office of the President.
Costs include filing fees, arbitrators' fees, expert fees if any, and other necessary costs. The filing fees and arbitrators' fees are fixed by a special assessment schedule based on the amount in dispute and paid initially by the petitioner. Arbitration expenses may be charged to the losing party or shared.