Topics discussed:

-Arbitration agreement &

clause
-ADR providers
-Court Annexed Mediation &
Court Referred Mediation
-Salas Case (Multi party
aspect of the case; Sec 2 &
4.7 of RA 876)

-ADR v Public litigation (sirʼs

own distinction)

ADR PUBLIC
LITIGATION
Private Public
Private party Disputes
autonomy in resolved
the pursuant to
resolution of application of
disputes or law and rules
freedom of of procedure
parties to
make their
own
arrangement
to resolve
disputes
Neutral third Adjudication
party of presiding
participates judge of a
to assist in court or
the officer of a
resolution govʼt agency
Voluntary & Parties
non subjected to
adversarial operative
dispute force of court
resolution or
government
agency
(aspects of
jurisdiction,
substantive &
procedural
laws &
compulsory
process of
tribunal court
-JDR v Arbitration (sirʼs own
distinction)

JDR ARBITRATIO
N
Framework is Dispute is
based on the submitted to
process of arbitration
conciliation, who is a
mediation & neutral third
early neutral person or
evaluation group
which entails thereof
submission (panel of
of dispute to arbitrators)
JDR judge
who shall
facilitate
settlement
between
parties
JDR judge Arbitrator/
lacks Arbitral
authority to tribunal have
render the authority
resolution of to render a
dispute that resolution
is binding binding upon
upon the the parties
parties in (arbitral
conflict award)

For recitation starting next

mtg & midterm coverage:
-RA 876 (how to take initiative
in the conduct of arbitration,
remedies)
-exclusion
-privileges
-exceptions
-appointment, challenge &
removal of arbitrator