1. A.

Why is the implementation of ADR mechanisms considered a reform

measure in the Philippines?

— Implementation of ADR mechanisms is considered a reform

measure in the Philippines it addresses the long standing issue of
inefficiency and corruption of the judiciary which diminishes
the trust of the general public to the judges and the court
personnel. Solving this problem of delayed justice will catapult
the aim of judicial reform that is characterized by judicial
independence, integrity and effectiveness.

B. What are the more recognized / famous ADR mechanisms used in the
Philippines?

— The more recognized ADR mechanisms in the Philippines are

Compulsory Arbitration, Collective Bargaining, and Voluntary Arbitration.

2. What are the 5 cited causes for the reforms?

— A number of reasons have been given which discourage parties

from seeking redress through the courts, foremost of these are:

(1) the costly and slow process of litigation;

(2) rigidity of procedural and technical rules;

(3) adversarial nature of our litigation system;

(4) inadequacy of legal solutions or frameworks for resolving

intricate and complex issues involved in commercial
transactions amidst tremendous developments in global
trade and information technology.

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 (5) the culture of the Filipinos that strongly values the preservation
of amicable relationship especially between parties with a
history of kinship and community ties.

3. Why is mediation considered a “case diversion mechanism”?

— Mediation is considered a “case diversion mechanism” as the

dispute is presented before a mediator, selected by the disputing parties,
who facilitates communication and negotiation and assists the parties, in
reaching the voluntary agreement regarding the dispute. Once the parties
agree on a settlement, the case is diverted and they no longer pursue court
litigation.

The diversion of pending court cases to Court Annexed Mediation

(CAM) and to Judicial Dispute Resolution (JDR) is plainly intended to put
an end to pending litigation through a compromise agreement of the parties
and solve the ever-pressing problem of court dockets congestion. It is also
intended to empower the parties to resolve their own disputes and give
practical effect to the State Policy expressly stated in the ADR Act of 2004,
to wit: “to actively promote party autonomy in the resolution of disputes or
the freedom of the parties to make their own arrangement to resolve
disputes.”

4. Discuss the various ways when cases are diverted to mediation and at what
stage of the dispute mechanism?

— In the Philippines, when a case has already been filed in court,

the court may direct the parties to submit their dispute to the

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Mediator, a neutral third party, who works with them to reach a
settlement of their controversy.
This is referred to as Court-annexed Mediation – a voluntary process
conducted under the auspices of the court by referring the parties to
the Philippine Mediation Center (PMC) Unit for the settlement
of their dispute pursuant to Section 2 (a) of the 1997
Rules of Civil Procedure which requires the parties to hold a pre-
trial conference whereby the court shall consider the
possibility of an amicable settlement or of a submission to
alternative modes of dispute resolution.

Under the Supreme Court approved guidelines, the courts may refer
the following for mediation:
1. All civil cases, except those which by law may not be compromised
(Article 2035, New Civil Code);
2. Special proceedings for the settlement of estates;
3. The civil aspect of Quasi-Offenses under Title 14 of the Revised
Penal Code;
4. The civil aspect of criminal cases where the imposable penalty does
not exceed six years imprisonment and the offended party is a
private person; and
5. The civil aspect of theft (not qualified theft), estafa (not syndicated
or large scale estafa), and libel.

The trial court, after determining the possibility of an amicable

settlement or of a submission to alternative modes of dispute
resolution, shall issue an Order referring the case to the Philippine
Mediation Center (PMC) unit for mediation, and direct the parties
to proceed immediately to the PMC unit. The Order shall be personally given to
the parties during pre-trial. Copy of the order, together with a copy
of the Complaint and Answer/s, shall be furnished the PMC
Unit within the same date.

5. A. Why are mining, construction, agrarian, labor, land, insurance, and

consumer disputes considered “peculiar” within the ADR mechanism
paradigm?

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 — They are considered “peculiar” because administrative agencies
that have consumer protection agreements and public policy
agreement to protect public interest may either first have
mediation and arbitration as their original jurisdiction before
these bodies involve the court.

B. What do you think is/are the reasons for the peculiarity?

— The reason for the peculiarity is to let the parties involve enter
into arbitration agreement voluntarily over the dispute arising from or
connected with the contract before filing the dispute to court.