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Moreno, Robert Paul Alternative Dispute Resolution

JD-401 Fiscal Carreon

I. Define and explain the following legal maxims in relation to Alternative


Dispute Resolution

A. Facta Legem Facunt unter Pares –


B. Pacta private juri public derogare non possunt – “Private agreements cannot
derogate from public right.”
C. Consensus Facit Legem – “Consent makes the Law.”
D. Arbitration Clause – It is a stipulation in the contract or in a form of separate
agreement between parties that will under Arbitration.
E. Submission to Arbitration – It is an agreement or contract of both parties that
will undergo to arbitration all or certain disputes which have arisen or which
may arise between them in respect of a defined legal relationship, whether
contractual or not.

II. What are the different forms of Alternative Dispute Resolution (ADR)?
a. Arbitration – this form of ADR pertains to the and abiding by the
judgement or selected person in dispute;

b. Mediation – It is a voluntary agreement between the parties with the help


of third person to convince them to come into an agreement;

c. Conciliation – mediating of dispute in an un-antagonistic manner;

d. Neutral – lawyers are brought to present the summary of the case;

e. Early Neutral – it is a form of ADR that can be avail of in pre-trial; and

f. Mini-trial – The merits of a particular case are argued in front of a panel.

*Note that the Law provides that parties of the dispute can combine any of
the foregoing forms and any other ADR forms.

III. What are the Two (2) schools of thought of negotiation?


a. Structural Approach - consider negotiated outcomes to be a function of
the characteristics or structural features that define each particular
negotiation.

In structural approaches to negotiation theory, analysts tend to define


negotiations as conflict scenarios between opponents who maintain
incompatible goals.
b. Strategic Approach - have roots in mathematics, decision theory and
rational choice theory, and also benefit from major contributions from the
area of economics, biology, and conflict analysis.

the emphasis in strategic models of negotiation is on the role of ends


(goals) in determining outcomes.

IV. What are the Two (2) forms of Arbitration?

a. Domestic Arbitration - It is governed by RA 876 otherwise known as “The


Arbitration Law” or model Law. It is binding only within the jurisdiction
within the Philippines; and

b. Institutional Arbitration – It is an arbitration administered by an entity,


which is registered as a domestic corporation with the Securities and
Exchange Commission (SEC) and engaged in, among others, arbitration of
disputes in the Philippines on a regular and permanent basis.