Title
NEA's Alternative Dispute Policy
Law
Nea Memorandum No. 2011-007
Decision Date
Dec 28, 2010
NEA adopts the Alternative Dispute Resolution (ADR) policy to resolve conflicts and disputes involving ECs and stakeholders, promoting speedy settlement, minimizing expenses, and avoiding escalation of conflicts. Mediation is used as the primary method of resolution, facilitated by ADR Specialists.
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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.

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