Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR)

• ADR settles disputes without court intervention, generally involving a neutral third party
• ADR is a system using legally approved means to resolve disputes quickly without court adjudication
• ADR encompasses processes like arbitration, mediation, and conciliation, using a neutral third party

Negotiation

• Negotiation involves direct interaction between disputing parties to find a resolution without a third party
• Negotiation is a mechanism where parties aim for a joint decision on their issues without external compulsion
• The principle of negotiation is to achieve better outcomes than without it, aiming for mutually acceptable and implementable agreements

Arbitration

• Arbitration is a form of ADR where parties resolve a dispute outside court
• Parties select an arbitrator to review their case and make a decision

Advantages of Arbitration

• Arbitrators provide neutrality and technical expertise
• Arbitration offers privacy, confidentiality, speed, and flexibility
• Arbitration is more flexible than traditional court procedure
• Arbitration allows for a choice of laws and awards may be better enforced

General Principles of Arbitration

• Arbitration settles conflicts via an impartial third party in a private setting, involving a private arbitrator or jury
• In arbitration, decision-making authority is transferred to the arbitrator(s)
• Arbitration can be a non-binding alternative to court action with definitive and binding outcomes
• Arbitration aims for a fair settlement by a neutral third party at reasonable cost and time
• Parties can determine the conflict resolution method, subject to public interest protections
• Courts should not intervene in arbitration proceedings

Arbitrator Appointment

• Arbitrators are typically appointed one of three ways:
  • Direct naming by disputing parties
  • Nomination by current tribunal members
  • Nomination by an external entity

Advantages in Arbitration

• Arbitration is often quicker than court proceedings
• Hearings and awards typically remain private and can be rendered confidential
• Arbitration language may be chosen

Disadvantages in Arbitration

• Disclosure and publicity, required by courts, arbitrators, and parties, may conflict with confidentiality

Mediation

• Mediation resolves issues between parties without litigation
• A mediator facilitates communication, negotiation, and voluntary agreements
• Mediation uses a neutral third party to guide the parties toward a mutually agreeable solution
• Mediation aims to reduce tensions and find solutions, with the mediator potentially suggesting resolution terms

Advantages of Mediation

• Mediation does not requires and can follow an informal and adaptable approach
• There are no witnesses and no established rules of evidence
• Mediation is private, with information shared remaining confidential and notes destroyed afterward
• The mediator facilitates and directs discussions impartially

Disadvantages of Mediation

• Mediation is not compulsory
• Mediation relies on all parties agreeing to a resolution, with no guaranteed outcome
• Uncooperative parties can undermine the process

Arbitration vs. Mediation

• Arbitration settles disputes outside court, using an impartial arbitrator
• Mediation is facilitated by mediator who does not render judgements or make decisions
• Mediators assist parties in developing their own voluntary agreements
• Arbitrator decides how the disagreement will be resolved
• A court acts as a private entity who hears evidence and makes decisions
• A contract must be signed in order to be legally binding
• Parties reserve the right to try another type of ADR or court
• Unlike trials, mediation takes place in a more comfortable surrounding
• Mediation can occur at any point while the issue is pending

Conciliation

• Conciliation involves adjusting disputes amicably rather than antagonistically
• Conciliation-mediation is a conflict resolution type where parties discuss and resolve disagreements
• Conciliation is a moderate method of interference by an impartial conciliator-mediator

Restorative Justice

• A type of justice where remorse fills offenders accept responsibility for their acts
• Involves remorseful offenders accepting responsibility, especially concerning victims and the community

Key Values of Restorative Justice

• Encounter - Creates opportunities for victims, offenders and community members
• Amends - Expect offenders to take steps to repair the caused harm
• Reintegration - Seek to restore victim's and offender's to whole, in contributing in society
• Inclussion - Provide opportunities

Retributive Justice

• A system of justice dedicated to proper punishments to offenders
• States individuals should receive what they deserve

Restorative Justice vs. Retributive Justice

• Restorative believes that crime is an act against both the victim and the community
• Focuses on the rehabilitation of the offender, victim feeling, and reparation of the harm caused
• Retributive believes that crime is a state act against breaking state rules
• A punishment that is appropriate for the offense done

Barangay Justice System

• Local justice system in the Philippines
• Katarungang Pambarangay consists of three person mediation which are all barangay volunteers
• Created to help decongest the existing courts

Katarungan Pambarangay Objectives

• Promote speedy administration of justice and minimize filing of cases in court
• The party goes to the barangay justice system first before the courts

Court-Annexed Mediation (CAM)

• A voluntary process conducted that the court's supports
• The court is referred to the Philippine Mediation Center (PMC) Unit for dispute settlements
• It is assisted by a mediator that is accredited by the Supreme Court

Judicial Dispute Resolution (JDR)

• If JDR fails, the case will be heard and decided by another judge known as the trial judge

Benefits of Litigation

• The court system managed and heard by a professional judge
• The court can provide from enforcement of its own decision
• Jury trial may be waived by agreement of both parties