Objectives of ADR Policy
- Promote party autonomy allowing disputing parties to independently arrange dispute resolution.
- Ensure quick settlement of disputes to reduce delays.
- Minimize expenses in resolving disputes.
- Prevent escalation of conflicts and ensure they remain within legal jurisdiction.
Policy Declaration
- NEA formally adopts and implements ADR specifically for resolving disputes involving ECs and stakeholders.
- This adoption is pursuant to NEA's "motu-proprio" powers under its charter, empowering it to act on its own initiative.
Scope of the ADR Policy
- The policy covers all Electric Cooperatives.
- Conflicts involving EC Boards of Directors, General Managers, employees, and member-consumers are subject to ADR processes.
- Under NEA's autonomous powers, ADR is an available option for dispute settlement within ECs.
- Mediation processes shall be conducted by ADR Specialists who have undergone proper training and accreditation.
Responsibilities for ADR Implementation
- The Deputy Administrator for Electric Distribution Utilities Services (EDUS) is responsible for policy implementation.
- Support is provided by an organized ADR Secretariat working under EDUS.
Procedural Mechanics
- NEA officials and employees who receive reports of brewing controversies linked to EC officials/employees must endorse these to the Office of the Deputy Administrator for EDUS.
- The DA-EDUS, via the ADR Secretariat and ADR Specialists, validates reports and determines if mediation is applicable.
- Upon validation, arrangements for mediation sessions, including scheduling and venue, are made.
- Complaints against EC officials/employees received by NEA are forwarded similarly for possible mediation.
- If mediation fails, the case is referred to the ADCOM for appropriate action.
- Upon referral to ADCOM, no further mediation or conciliation by NEA is mandated.
Effectivity
- The ADR policy takes immediate effect from 28 December 2010.
- The policy was formally adopted and signed by the NEA Administrator, Editha S. Bueno.