1. What is the principle of party autonomy and self-determination in ADR?

ANS: The principle of party autonomy and self-determination in ADR is the freedom given to the parties
to choose the form of arrangement to resolve their disputes. It is also the discretion given to them to
prescribe the terms and procedures to govern the ADR process.

2. Discuss the distinction between voluntary arbitration and mediation.

ANS: In arbitration, the arbitrator decides the dispute and renders an arbitral award to conclude the
arbitral proceeding, whereas in mediation, the parties themselves who enter into and execute a mediated
settlement agreement to conclude the mediation proceeding.

3. What is an arbitration clause and how does the rule of severability apply to it?
ANS: An arbitration clause is a clause in a contract that requires the parties to resolve their disputes
through an arbitration process. It is a contract provision that mandates arbitration of disputes about the
rights, duties, and liabilities of the contracting parties.
The rule of severability otherwise known as the doctrine of severability or the doctrine of separability
enunciates that an arbitration agreement is independent of the main contact even if it is contained in an
arbitration clause. The arbitration agreement or clause is to be treated as a separate agreement such that,
even if the validity of the main contract is challenged, the arbitration agreement or clause remains valid
and enforceable.

4. Under what circumstances may the regular courts intervene in alternative dispute resolution?
 Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator
determines the outcome.
 Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, in
which the parties attempt to reach agreement.
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BOOK ANSWER:

 Judicial assistance in arbitration- allows party to secure from the courts orders or processes that
will aid in the conduct of the arbitration
 Judicial review of arbitral awards- involves passing upon and to the extent allowed and on
grounds provided for by law, the propriety of the arbitral award
 Judicial review of court decisions in ADR related cases- involves remedies available from
decisions or orders of the RTC and CA in the first two types of judicial intervention

5. Explain.
 a. Temporary Order of Protection or temporary protective measures- refers to the protection
order issued by the court on the filing of the application and after ex parte determination of its
need. It may also be issued in the course of a hearing, motu proprio or upon motion.

b. Confidentiality Rule- in mediation means any information, relative to the subject of

mediation or arbitration, expressly intended by the source not to be disclosed, or obtained under
circumstances that would create a reasonable expectation on behalf of the source that the
information shall not be disclosed. It shall include (1) communication, oral or written, made in a
dispute resolution proceedings, including any memoranda, notes or work product of the neutral
party or non-party participant, as defined in this Act; (2) an oral or written statement made or
which occurs during mediation or for purposes of considering, conducting, participating,
initiating, continuing of reconvening mediation or retaining a mediator; and (3) pleadings,
motions manifestations, witness statements, reports filed or submitted in an arbitration or for
expert evaluation;

c. Construction Dispute- Construction dispute shall include those between or among parties to,
or who are otherwise bound by, an arbitration agreement, directly or by reference, whether such
parties are project owner, contractor, subcontractor, fabricator, project manager, design
professional, consultant, quantity surveyor, bondsman or issuer of an insurance policy in a
construction project.

6. Who can be an arbiter?

ANS: One who is bound by rules of law and equity in rendering an award. The labor arbiters of the
arbitration branch of the National Labor Relations Commission is an example. The National Labor
Relations Commission (NLRC), a quasi-judicial agency attached to the Department of Labor and
Employment (DOLE), is mandated to adjudicate labor and management disputes involving both local
and overseas workers through compulsory arbitration and alternative modes of dispute resolution.

7. What is the duty of the judge when a case filed with his court involves an issue arising out of a
contract containing arbitration as a condition precedent to court litigation?
ANS: When a contract containing arbitration as a condition precedent to court litigation, the duty of the
judge is to allow compromise agreement and the referral of the dispute to arbitration in
accordance with the arbitration agreement.
If ADR materialize and result into settlement agreement, either party may submit the
agreement to the court before which the action is pending and move for the approval thereof. If
the court finds that the settlement agreement is not contrary to law, morals, public policy or
public order, it shall approve the same and render judgment based thereon. Once approved, either
party may ask for the execution of the agreement by filing for motion for confirmation and
securing an entry of judgement from the court. (Koppel, Inc. v. Rotary Club Foundation, Inc.)
TN: Judicial proceeding disregarding arbitration agreement, beyond the point when the
parties should have been referred to arbitration, are null and void. Decisions therein shall be
reverse and set aside.
 8. What is an arbitral award and how may it be enforced?

ANS: An arbitral award completes the arbitral proceeding constituting the partial or final decision by an
arbitrator in resolving the issue in the controversy. Arbitral Award may come in the form of an “award on
agreed terms”, “consent award”, or “award based on compromise” if the parties resolve their dispute
amicably. It may be enforced by filing for motion for confirmation and securing an entry of judgement
from the court.