Law Summary
Definitions
- ADR: Any non-judicial process resolving disputes (e.g., Mediation, Arbitration, Early Neutral Evaluation).
- Arbitration: Dispute resolved by neutral third party issuing an award.
- Mediation: Voluntary facilitation by neutral third party for amicable agreement.
- Early Neutral Evaluation: Non-binding assessment to facilitate compromise.
- NGA: Government entities vested by law with quasi-judicial powers, excluding government-owned or controlled corporations.
Choice of ADR Mode and Limitations
- Solicitor General chooses appropriate ADR mode based on nature of dispute.
- Disputes involving constitutional issues, public order, morals, or public interest are resolved by adjudication, not ADR.
Application and Technical Rules
- ADR promotes party autonomy, confidentiality, prompt and amicable resolution.
- Formal rules of evidence are not binding in ADR to ensure substantive due process.
Mediation Procedure
- Applicable to disputes among NGAs excluding those involving constitutional or public interest issues.
- Solicitor General evaluates and determines suitability for mediation.
- Preliminary mediation conference requires authorized representatives with powers to negotiate and settle.
- Parties select mediator from accredited OSG lawyer-mediators; if no consensus, Solicitor General assigns mediator.
- Lawyers may attend mediation adhering to Supreme Court guidelines.
- Joint initial conference involves opening statements, exploration of interests, and confidential caucuses if needed.
- Mediation proceedings are confidential; statements and proposals are inadmissible in court.
- Agreements reached are drafted as written compromise agreements, which may be converted into arbitration awards.
- Mediation costs imposed by special assessment.
Arbitration Procedure
- Parties: NGAs and indispensable private individuals/entities.
- Cases eligible include first-instance arbitration petitions, cases after failed mediation, or Secretary of Justice referrals excluding cases with legal or constitutional questions.
- Arbitration is a precondition before filing in courts.
- Arbitration initiated by verified petition containing parties’ info, factual basis, signatures, and disclosure of pending cases.
- Respondents must answer within 10 days; failure allows resolution on complaint alone.
- No extensions granted except for compelling reasons.
- Refusal to arbitrate does not impede proceedings; arbitrator appointed and evidence received to decide case.
- Claims based on documents must annex originals or copies.
- Solicitor General appoints sole arbitrator or tribunal from accredited lawyers.
- Arbitrators must be impartial, without conflict of interest or bias.
- Arbitrators control proceedings to ensure speedy and just resolution.
- Arbitration is of record with AMD Secretariat acting as clerk and custodian.
- Arbitrators empowered to issue subpoenas for witnesses and documents.
- Preliminary conference to simplify issues and agree on procedures; failure to attend may result in dismissal or submission.
- Arbitration procedures guided by expeditious and equitable practices; not bound by strict legal technicalities.
- Witness testimonies are submitted via affidavits, with cross-examination at hearing.
- Arbitrators may appoint experts at parties’ or tribunal’s request; costs allocated accordingly.
- Arbitrators may issue interim measures to safeguard rights and property.
- After concluding evidence, parties submit draft decisions; award rendered within 30 days.
- Awards must state issues, facts, and legal basis clearly.
- Settlement agreements during arbitration may be entered as awards.
- Jurisdiction ends upon finality of award or appellate decision.
- Awards notified and filed with AMD Secretariat; parties may request certified copies.
- Motions to correct awards allowed for clerical or jurisdictional errors; motions for reconsideration or new trial prohibited.
- Secretary of Justice may vacate awards on grounds of corruption, partiality, misconduct, or excess of power.
- Awards become final and binding upon Secretary of Justice approval.
- Appeals to Office of the President allowed within 15 days; award final upon affirmation.
General Provisions
- Pleadings must have sufficient copies for parties, arbitrators, and AMD Secretariat.
- Notices deemed effective upon receipt or registered mail delivery.
- Arbitration proceedings are confidential unless parties consent to publication.
- Proceedings may be recorded with copies available upon request for a fee.
- Experts’ fees are shared or paid depending on who requests; subject to tribunal approval.
- Filing and arbitration fees charged as special assessment based on claim amount; fees subject to OSG adjustment.
Execution and Enforcement
- Final award is executory fifteen days after receipt by parties.
- Appeals do not automatically stay execution unless ordered.
- Enforcement may require bond posting from prevailing party if appealed.
- Upon reversal of award, orders for restitution may be issued.
Amendment of Rules
- Solicitor General to create committee to study proposed amendments.
- Amendments have prospective effect only.
- Amendments take effect 15 days after publication in a newspaper of general circulation.