ALTERNATIVE MODES OF DISPUTE RESOLUTIONJL Algo Zarah Domingo Chikki Ybiernas 14 December 2012

ARBITRATION IN THE PHILIPPINES

DEFINITIONS Arbitration a voluntary dispute resolution process in

which one or more arbitrators, appointed in accordance with the agreement of the parties or rules promulgated pursuant to law, resolve a dispute by rendering an award Arbitrator the person appointed to render an award, alone or with others, in a dispute that is the subject of an arbitration agreement Arbitral award any partial or final decision by an arbitrator in resolving the issue in a controversy

ADVANTAGES OF ARBITRATION COMPARED WITH COURT LITIGATIONSpeed of the proceedings

Flexibility of the rulesChoice of arbitrators Finality of the award Confidentiality

WHAT ISSUES CAN OR CANNOT BE DISPUTED? All types of commercial disputes can be subjected to arbitration

The following cannot be subjected to arbitral proceedings: Labor disputes covered by PD No. 442 Civil status of persons Validity of a marriage Any ground for legal separation Jurisdiction of courts Future legitime Criminal liability Disputes which by law cannot be compromised

INTERNATIONAL VS DOMESTIC ARBITRATIONInternational arbitration the parties to an

arbitration agreement have, at the time of the conclusion of such agreement, their places of business in different states Domestic arbitration arbitration that is not international

INTERNATIONAL ARBITRATION Considered to be international if The parties to an arbitration agreement have, at the time of the conclusion of such

agreement, their places of business in different states One of the following places is situated outside the State in which the parties have

their places of business The place of arbitration Any place where a substantial part of the obligations of the commercial relationship is to

be performed or the place with which the subject matter of the dispute is most closely connected Governed by UNCITRAL Model Law

DOMESTIC ARBITRATION Considered to be domestic if arbitration that is not international If the dispute is between parties who have their place of business in the Philippines,

obligations are performed within the country, and there is no stipulation in their agreement that the subject matter of the agreement relates to another country

RA 876: THE ARBITRATION LAW Alternative Dispute Resolution of 2004 from UNCITRAL Model Law

Form of arbitration agreement Must be in writing and subscribed by the party sought to be charged, or by his

lawful agent An agreement that incorporates, by reference, a document that contains an

attribution clause gives rise to a valid arbitration agreement

RA 876: THE ARBITRATION LAW Third parties If parties involved in a civil action are also involved in an arbitration

agreement, they will be referred to arbitration, while those who are not bound by said agreement may still be subject to civil action

Choice of arbitrators Legal age Full enjoyment of civil rights Literate Not related by blood or marriage within the 6th degree to any of the parties

involved No interest or any personal bias in the subject matter Does not advocate the cause of either party

RA 876: THE ARBITRATION LAWPreliminary Procedure Either party submits a demand for arbitration in accordance with the

contract (Section 5a) Arbitrators should be agreed upon by the parties involved (Section 5a);

otherwise the trial court shall appoint the arbitrator/s (Section 8) In the event that one party defaults in answering the demand, the

aggrieved party may file with [a trial court] with jurisdiction over the parties involved, a copy of the demand for arbitration under the contract to arbitrate (Section 5b) Submission of an existing controversy may be filed by any party and shall

be duly executed by both parties; failure to do so allows the aggrieved party to follow the procedure prescribed in Sections 5a and b

RA 876: THE ARBITRATION LAW Hearing Procedure Arbitrators must set a time and place for the hearing (Section 12)

Hearing can proceed in the absence of any party who fails to be present at such hearing

(Section 12) An award cannot be made solely due to the default of a party (Section 12) Any party desiring to be represented by counsel shall notify the other party/parties of

such intention (Section 12) Arbitrators shall have the power to require any person to attend a hearing as a witness,

as well as subpoena documents (Section 14) Arbitrators act as an interrogator and the sole evaluator of the evidence presented

(Section 15) Parties can opt to submit an agreed written statement of facts, yet such procedure

should be approved by all parties involved (Section 18)

RA 876: THE ARBITRATION LAW Awards should be made 30 days after the closing of the

hearing, with all parties receiving copies of the written decision To validate, any party may apply to the court with the jurisdiction an order confirming the award, unless there are grounds to vacate the award

RA 876: THE ARBITRATION LAWGrounds for vacating/setting aside a domestic

arbitral award Procured by corruption, fraud, or other undue means Evident partiality by any of the arbitrators Misconduct (e.g. refusal to postpone the hearing despite sufficient

cause, willfully disclosing disqualifications for arbitrators) Exceeding their powers such that a final award was not made When an award is vacated The court with jurisdiction may direct a new hearing before either the

same or a new set of arbitrators

THE UNCITRAL MODEL LAW: INTERNATIONAL ARBITRATION Designed to meet concerns relating to the current state of national laws on

arbitration (1985) Interpretation Provisions on domestic arbitration are more-or-less similar to international arbitration They part ways in the interpretations of RA 876 and the Model Law Alternative Disputes Resolution Act of 2004: interpreting the Model Law should take into

consideration its international origin and the uniformity in its interpretation Travaux preparatories and the report of the UN Secretary-General on UNCITRAL review to

ensure proper interpretation Scope of judicial review sets international arbitration apart from domestic arbitration

THE UNCITRAL MODEL LAW: INTERNATIONAL ARBITRATION Form of arbitration contract In writing (broader than the definition under RA 876) if it is contained In a document signed by parties In an exchange of letters, telex, telegrams, or other means of

telecommunication which provide a record of the agreement In an exchange of statements of claim and defense in which the existence

of an agreement is alleged by on party and not denied by another Interim measures A party may apply for provisional relief or interim measures with the courts

prior to the constitution of the arbitral tribunal or even during the arbitration proceedings to the extent that the arbitral tribunal has no power to act or is unable to act effectively

THE UNCITRAL MODEL LAW: INTERNATIONAL ARBITRATION Proceedings Number of arbitrators determined by parties, or by court or other authority Parties can challenge the qualifications of an arbitrator With respect to the arbitration agreement, arbitral tribunal may rule on its own

jurisdiction Equal treatment for all parties Parties can choose and agree on the procedure to be followed by the arbitral tribunal and

place for conducting the proceedings Hearings and written proceedings may be deemed appropriate by the arbitral tribunal Awarding should take into consideration the rules of law as chosen by parties and the

substantive rules of the State Parties can settle the dispute during the proceedings end of the proceedings

THE UNCITRAL MODEL LAW: INTERNATIONAL ARBITRATION Grounds for setting aside/vacating an international arbitral

award

The composition of the arbitral tribunal or the arbitral procedure was not

in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of the Model Law from which the parties cannot derogate, or, failing such agreement, was not in accordance with the Model Law If the court finds that the subject matter of the dispute is not capable of settlement by arbitration under the law of this State (the Philippines) If the court finds that the award is in conflict with the public policy of this State Application should be made within three months from the date on which the party making that application received the award

THE UNCITRAL MODEL LAW: INTERNATIONAL ARBITRATION Grounds for setting aside/vacating an international arbitral award A party to the arbitration agreement referred to in Article 7 of the Model Law was

under some incapacity, or the said agreement is not valid under the law to which parties have subjected it or, failing any indication thereon, under the law of this state The party making the application was not given proper notice of the appointment of

an arbitrator or of the arbitral proceedings or was otherwise unable to present his case The award deals with a dispute not contemplated by or not falling within the terms

of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside

NEW YORK ARBITRATION CONVENTION Formally known as The Convention on the Recognition and

Enforcement of Foreign Arbitral Awards (1958) Philippines 1967 More than 140 signatory states Recognition and enforcement of international arbitral award

Seeks to put international arbitration on equal footing with domestic

arbitration by providing that the parties to the convention should not impose more onerous conditions on the enforcement of foreign arbitral awards than on the enforcement of domestic awards

NEW YORK ARBITRATION CONVENTION Section V recognition/enforcement of an arbitral award can be refused only on

the following grounds: At the request of the party against whom it is invoked, if that party furnishes to the

competent court where recognition or enforcement is sought, proof that: A party to the arbitration agreement referred to in Article 7 was under some

incapacity; or the said agreement is not valid under the law to which parties have subjected it or, failing any indication thereon, under the law of the country where the award was made The party against whom the award is invoked was not given proper notice of

the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case The award deals with a dispute not contemplated by or not falling within the

terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted may be recognized and enforced

NEW YORK ARBITRATION CONVENTION Section V recognition/enforcement of an arbitral award can be refused only

on the following grounds: At the request of the party against whom it is invoked, if that party

furnishes to the competent court where recognition or enforcement is sought, proof that The composition of the arbitral tribunal or the arbitral procedure was not in

accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place The award has not yet become binding on the parties or has been set aside or

suspended by a court of the country in which, or under the law of which, that award was made If the court finds that the subject-matter of the dispute is not capable of

settlement by arbitration under the law of this State If the court finds that the recognition/enforcement of the award would be

contrary to the public policy of this State

CONSOLIDATED AND REVISED GUIDELINES TO IMPLEMENT THE EXPANDED COVERAGE OF COURT ANNEXED MEDIATION (CAM) AND JUDICIAL DISPUTE RESOLUTION (JDR)A.M. No. 11-1-6-SC-PHILJA

GENERAL PROVISIONS AND COVERAGECONCEPT OF COURT DIVERSION OF PENDING CASES Intended to put and end to pending litigation through a

compromise agreement of the parties and help solve the problem of court docket congestion Empower the parties to resolve their own disputes Give practical effect to the State Policy expressly stated in the Alternative Dispute Resolution Act of 2004 (RA No. 9285)to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangement to resolve disputes. Towards this end, the State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets

GENERAL PROVISIONS AND COVERAGE INDIGENOUS ADR UNDER CAM Recognition of indigenous modes of dispute resolutionindigenous dispute resolution in many varied forms remains to be the most appropriate and effective mechanism for settling disputes and peace-keeping. The process is called: Tongtong among the Kakanaey and Bago peoples of Bakun; Tigian among the Alangans and Hirayas of Mindoro Occidental; Mameepet among the Tagbanuas of Coron in Palawan; Husay among the Higaonons and Talaandigs of Misamis Oriental and Bukidnon; Kukuman among the Tinananon Manobo of Arakan Valley; Iskukom among the Tbolis of Lake Sebu; Tiwayan among the Tedurays of Maguindanao; and Gukom among the Subanons of Zamboanga

GENERAL PROVISIONS AND COVERAGE THREE STAGES OF DIVERSIONCourt Annexed Mediation Judge refers the parties to the Philippine Mediation Center

Judicial Dispute Resolution

JDR judge with continuing effort to secure a settlement; if failed, turn over the case to a new judge. Trial judge shall continue with pre-trial proper and proceed to try and decide the case.

PMC-Appeals Court Mediation (ACM)

GENERAL PROVISIONS AND COVERAGEMANDATORY COVERAGE FOR CAM AND JDR all civil cases and civil liability of criminal cases covered by the Rule of

Summary Procedure, including the civil liability for violation of BP 22, except those which by law may not be compromised special proceedings for the settlement of estates all civil and criminal cases filed with a certificate to file action issued by

the Punong Barangay or the Pangkat ng Tagapagkasundo under the Revised Katarungang Pambarangay Law the civil aspect of Quasi-Offenses under Title 14 of Revised Penal Code the civil aspect of less grave felonies punishable by correctional

penalties not exceeding 6 years imprisonment, where the offended party is a private person

GENERAL PROVISIONS AND COVERAGEMANDATORY COVERAGE FOR CAM AND JDR the civil aspect of estafa, theft and libel all civil and probate proceedings, testate and intestate, brought on appeal

from the exclusive and original jurisdiction granted to the first-level courts under Section 33, par. (1) of the Judiciary Reorganization Act of 1980 all cases of forcible entry and unlawful detainer brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (2) of the Judiciary Reorganization Act of 1980 all civil cases involving title to or possession of real property or an interest therein brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par (3) of the Judiciary Reorganization Act of 1980 all habeas corpus decided by the first level courts in the absence of the RTC judge, that are brought up on appeal from the special jurisdiction granted to the first level courts under Section 35 of the Judiciary Reorganization Act of 1980.

GENERAL PROVISIONS AND COVERAGEMANDATORY COVERAGE FOR CAM AND JDRThe following cases shall not be referred to CAM and JDR:1.2. 3.

Civil cases which by law cannot be compromised (Article 2035, New Civil Code)Other criminal cases not covered under paragraphs 3 to 6 above. Habeas Corpus petitions

4.5.

All cases under Republic Act No. 9262 ( Violence Against Women and Children)Cases with pending application for Restraining orders for Restraining Orders/Prelimenary Injunctions

COURT ANNEXED MEDIATION

COURT ANNEXED MEDIATION (CAM) PROCEDUREIndividual Parties Appear for Mediation Judge issues an order requiring parties to appear before the PMC Unit Staff for dispute settlement.-corporations, etc. should be represented by a high ranking official -warning should be issued that sanctions may be imposed

Parties shall select a mutually acceptable mediator from among the list of accredited mediators. If no agreement is reached, PMC Unit Staff will choose by lot.

Mediator is considered an officer of the court while performing his duties. Mediator shall forthwith start the mediation process.

Mediator shall explain to both parties the mediation process, stressing the benefits of an early settlement of their dispute serving their mutual interests. Mediator may hold separate caucuses with each party to determine their respective real interests in the dispute.

No record, in any manner, shall be made during the mediation. Personal notes shall be shredded and destroyed. If no settlement is reached, case must be returned to the referring judge.

COURT ANNEXED MEDIATION (CAM)SANCTIONS, DURATION, SUSPENSION OF PERIODS AND SETTLEMENT

Sanctions: may be imposed on (a) a party who fails to appear before the Philippine Mediation Center Unit, (b) any person who engages in abusive conduct during mediation proceedings, as provided for by the rules of court, or (c) upon the initiative of the judge or upon motion of the interested party.

Duration: not exceeding 30 days to complete the mediation process.Period shall be computed from the date when parties first appeared for the initial conference as stated in the Order to appear. An extension of another 30 days may be granted by the court upon motion filed by

the mediator, with the conformity of the parties.

COURT ANNEXED MEDIATION (CAM)SANCTIONS, DURATION, SUSPENSION OF PERIODS AND SETTLEMENTSuspension of Periods: The period during which the case is undergoing mediation shall be excluded from the regular and mandatory periods for trial and rendition of judgment in ordinary cases and in cases under summary proceedings.

Settlement Full Settlement: Parties will draft the compromise agreement which shall be

Submitted to the court for judgment upon compromise or otherappropriate action. Satisfaction of claims or mutual withdrawal of the case and the court shall enter an order dismissing the case. Partial Settlement: parties shall submit the terms thereof for the appropriate action of the court, without waiting for resolution of the unsettled part Unsettled Part of the Dispute: court shall proceed to conduct JDR proceedings

JUDICIAL DISPUTE RESOLUTION

JUDICIAL DISPUTE RESOLUTION MANDATEAll judges who have undergone orientation in JDR

procedures and completed their training in mediation, conciliation and neutral evaluation, are authorized to conduct JDR proceedings after parties failed to settle their disputes during CourtAnnexed Mediation at the Philippine Mediation Center Units (PMCU).

JUDICIAL DISPUTE RESOLUTION PROCEDURE 2 Stages1.

From the filing of a complaint to the conduct of CAM and JDR during the pre-trial stage JDR judge briefs the parties and counsels of the CAM and JDR processes. He

then issues an Order of Referral of the case to Cam and directs the parties and their counsel to proceed to PCMU. The JDR judge then should include the presetting of the case for JDR not earlier than 45 days from the time the parties first personally appear at the PMCU so that JDR will be conducted immediately if the parties do not settle at CAM. If dispute is not resolved at CAM, parties and their counsels shall appear at the

preset date at the JDR judge who will then conduct the JDR process. JDR judge shall not preside over the trial of the case when parties did not settle

their dispute at JDR.2.

Pre-trial proper to trial and judgment

JUDICIAL DISPUTE RESOLUTION JDR DURING TRIAL Cases may be referred to JDR even during the trial stage upon written motion

of one or both parties indicating willingness to discuss a possible compromise. If the motion is granted, the trial shall be suspended and the case referred

to JDR, which shall be conducted by another judge through raffle in multiple sala courts. If settlement is reached during JDR, the JDR court shall take appropriate action

thereon, i.e., approval/disapproval of the compromise agreement. If settlement is not reached at JDR, the case shall be returned to the referring

court for continuation of trial.

JUDICIAL DISPUTE RESOLUTION JDR DURING TRIAL In single sala courts, the JDR shall be conducted by the nearest court (or pair

court, if any) regardless of the level of the latter court. The result of the JDR proceedings shall be referred to the court of origin for appropriate action, e.g., approval of the compromise agreement, trial, etc. The parties may, by joint written motion, despite confidential information that may

be divulged during JDR proceedings, file a request that their case be not transferred to other courts for JDR and that they agree to have the trial judge continue the trial should the case not be settled through JDR.

JUDICIAL DISPUTE RESOLUTION PARTY PARTICIPATION1. Individual Party Litigants The party litigants shall personally attend all mediation conferences or through duly authorized representatives. The authority of the representatives shall be in writing and shall state that they are fully empowered to offer, negotiate, accept, decide, and enter into a compromise agreement without need of further approval by or notification to the authorizing parties. 2. Corporate Party Litigants In case of corporations, the representatives must be senior management officials with written authority from the Board of Directors to offer, negotiate, accept, decide, and enter into compromise agreement without need of further approval by or notification to the authorizing parties.

JUDICIAL DISPUTE RESOLUTIONJUDGMENTS/DECISIONS IN JDR AND SANCTIONS Decisions/Judgments approving the compromise

agreements of the parties, through the efforts of the judge as a mediator, conciliator or neutral evaluator, shall contain a statement to the effect that the Judgments/Decisions were achieved through JDR. This is to distinguish Judgments/Decisions approving compromise

agreements secured through CAM. Copies of said Judgments/Decisions shall be submitted to the Philippine

Mediation Center Unit for documentation purposes.

JUDICIAL DISPUTE RESOLUTION DURATION OF JDR PROCEEDINGS Party fails to appear in court for the date set for JDR conference to censure, reprimand, contempt, and requiring the absent party to reimburse the

appearing party his costs, including attorneys fees for that day up to treble such costs, payable on or before the date of the re-scheduled setting Upon justifiable cause duly proved in the hearing of the motion to reconsider filed

by the absent party, the sanctions imposed may be lifted, set aside, or modified in the sound discretion of the JDR judge A representative who appears on behalf of an individual or corporate party without

the required authorization by special power of attorney or board resolution, respectively, may similarly be imposed appropriate sanctions.

JUDICIAL DISPUTE RESOLUTION SUSPENSION OF PERIODS To complete the JDR process, judges of the First Level Courts shall have a

period of not exceeding 30 days, while judges of the Second Level Courts shall have a period of not exceeding 60 days. A longer period, however, may be granted upon the discretion of the JDR judge if there is a high

probability of settlement and upon joint written motion of the parties. JDR conferences shall be set not more than two weeks apart so as to afford the parties ample time to negotiate meaningfully for settlement.

In criminal cases covered by CAM and JDR, where settlement on the civil aspect has been reached but the period of payment in accordance with the terms of settlement exceeds one year, the case may be archived upon motion of the prosecution, with notice to the private complainant and approval by the judge.

JUDICIAL DISPUTE RESOLUTION SETTLEMENT: CIVIL CASESFull settlement Partial Settlement

Compromise agreement by the parties to be submitted to the court for a judgment upon compromise

Courts approval and rendition of a judgment upon partial compromise

When full compliance is achieved, parties shall submit a satisfaction of claims or mutual withdrawal of parties claims and counterclaims.

Unsettled part pf the dispute: Trial shall proceed on the merits of the case of parties file a motion to do so

JUDICIAL DISPUTE RESOLUTION SETTLEMENT: CRIMINAL CASESSettlement is reached on the civil aspect of the criminal case Settlement is not reached on the civil aspect of the criminal case

Compromise agreement shall be submitted to the court for appropriate action

JDR judge shall proceed to conduct trial on the merits of the case once parties file a joint written motion for him to do so.

Action on the criminal aspect will be determined by the Public Prosecutor

If no joint written motion is made, JDR Judge shall turn over the case to a new judge for the pre-trial proper and trial.

JUDICIAL DISPUTE RESOLUTIONPRE-TRIAL PROPER AND TRIAL AND JUDGMENT Where no settlement or only a partial settlement was reached, and

there being no joint written motion submitted by the parties, as stated in the last preceding paragraphs, the JDR judge shall turn over the case to the trial judge, determined by re-raffle in multiple sala courts or to the originating court in single sala courts, as the case may be, to conduct pretrial proper. The trial judge to whom the case was turned over, shall expeditiously

proceed to trial after the pre-trial and, thereafter, render judgment in accordance with the established facts, evidence, and the applicable laws.

PROVISIONS COMMON TO BOTH CAM AND JDR

CONFIDENTIALITY Any and all matters discussed or communications made,

including requests for mediations, including requests for mediation, and documents presented during the mediation proceedings before the Philippine Mediation Center or the JDR proceedings before the trial judge, shall be privileged and confidential and the same shall be inadmissible as evidence for any purpose in any other proceedings. However, evidence or information that is otherwise admissible does not

become inadmissible solely by reason of its use in mediation or conciliation JDR judge shall not pass any information obtained in the course of

conciliation and early neutral evaluation to the trial judge or to any other person. All JDR conferences shall be conducted in private.

ROLE OF LAWYERS IN MEDIATION AND IN JDR PROCEEDINGS May attend mediation proceedings in the role of adviser

and consultant to their clients Less directive role in order to allow the parties more opportunities to craft their own agreement They shall perform the following functions:1.

Help their clients comprehend the mediation process and its benefits and allow them to assume greater responsibility in making decisions for the success for the success of mediation in resolving the dispute The substantive issues involved in the dispute. Prioritization of resolution in terms of important to client Understanding the position of the other side and the underlying fears,

2. Discuss with their clients the following:

concerns and needs underneath that position

ROLE OF LAWYERS IN MEDIATION AND IN JDR PROCEEDINGS Need for more information or facts to be gathered or exchanged with the other

side for informed decision making Possible bargaining options but stressing the need to be open minded about

other possibilities. The best, worst, and most likely alternatives to a negotiated agreement.

3.

Assist in preparing a compromise agreement that is not contrary to law, morals, good customs, public order or public policy so that the same may be approved by the court, paying particular attention to issues of voluntary compliance of what have been agreed upon or otherwise to issues of enforcement in case of breach. Assist, wherever applicable, in the preparation of a manifestation of satisfaction of claims and mutual withdrawal of complaint and counterclaim as basis for the court to issue an order of dismissal.

4.

SC-PHILJA-PMC MEDIATION TRUST FUND

CREATION OF TRUST FUND The Mediation Fees collected and collectibles,, and all

income therefrom shall constitute a special fund, to be known as the SCPHILJA-PMC Mediation Trust Fund, which shall be administered and disbursed in accordance with guidelines set by court issuances. All revenues of the PMC Office from sources other than the mediation fees above shall form part of its Special ADR Fund (SAF).

UTILIZATION AND DISBURSMENTThe Fund shall be used for:a. Establishment of PMC Units; b. Training seminars/workshops/internship programs for Mediators; c. Payment of Mediators Fees, including the PMC Unit Staff; d. Payment of operating expenses;

e. Advocacy and promotion of court-annexed mediation and other

relevant modes of ADR;f. Such other expenses as authorized by Section 9, Rule 141 of the Rules

of Court.

THE PHILIPPINE MEDIATION CENTER OFFICE (PMCO) AND MEDIATION CENTER UNITS

PHILIPPINE MEDIATION CENTER OFFICE AND PMC UNITSThe Philippine Mediation Center Office shall primarily be responsible for the expansion, development, implementation, monitoring, and sustainability of SC ADR mechanisms, namely: a. Court-Annexed Mediation (CAM) b. Appellate Court Mediation (ACM) c. Judicial Dispute Resolution (JDR) d. Mobile Court-Annexed Mediation (MCAM) e. Court-Annexed Arbitration (CAA) and other Alternative Dispute Resolution mechanisms The PMCO shall likewise be primarily tasked with the organization of PMC units, as it may deem necessary, throughout the country. It shall be under the operational control of and supervision of PHILJA, in coordination with the Office of the Court Administrator, through the Executive Judges.

LOCAL GOVERNMENT CODE OF 1991Sections 399-412

SECTION 399 LUPONG TAGAPAMAYAPA (LUPON)COMPOSITION LENGTH OF TERM PREREQUISITE FOR APPLICATION PROCESS OF APPLICATION (1) Punong Barangay (2) 10 to 20 Members 3 years -any person residing or working in the Barangay -possessing integrity, impartiality, reputation for probity (1) Punong Barangay prepares a notice to constitute the lupon (2) 10 Days after posting period, PB shall appoint the chosen members in writing. (3) List of appointed members shall be posted in 3 conspicuous places in the Barangay for the entire term (4) In barangays where majority are members of indigenous groups, councils of datu or elders shall be recognized without prejudice to the provisions of this code.

SECTION 400 OATH AND TERM OF OFFICEUpon appointment, each lupon member shall take an oath of office before the PB.

Serve for 3 years unless: (1) Terminated by resignation (2) Transferred residence or place of work (3) Withdrawal of appointment of PB with the consent of the majority of the members of the lupon

SECTION 401 VACANCIESPB immediately appoint a qualified person who shall hold office only for the unexplained portion of the term.

SECTION 402 FUNCTIONS OF THE LUPONAdministrative supervision over the conciliation panels provided thereinMeet regularly once a month to improve amicable settlement of disputes Exercise other powers as may be prescribed by law

SECTION 403 SECRETARY OF THE LUPONBarangay Secretary = Secretary of the Lupon

Record results of medication proceedings before the PB

Submit a report to the proper city or municipal courts

Receive and keep records of proceedings submitted by conciliation panels

SECTION 404 PANGKAT NG TAGAPAGKASUNDOConciliation panel is also known as the

Vacancyshall be filled by lot to be drawn by the lupon chairman

PANGKAT NG TAPAPAGKASUNDO (pangkat)Composition: 3 members chosen by the parties from the list of members of the lupon

SECTION 405 VACANCIES IN THE PANGKAT

SECTION 406 CHARACTER OF OFFICE AND SERVICE OF LUPON MEMBERSLupon members, while in performance of their duties , shall be deemed as PERSONS IN AUTHORITY. The lupon or pangkat members shall serve WITHOUT COMPENSATION except as provided for in Section 393: (1) They shall receive honoraria , allowances, in no case shall it be less than P1000 /month for PB and P600 /month for Sanggunian g barangay members (2) Christmas bonus of at least P1000 (3) Insurance coverage: temporary and permanent disability, double indemnity, accident insurance, death and burial benefits (4) Be entitled to free medical care including subsistence medicines, and medical and medical attendance in any government hospital or institution

SECTION 407LEGAL ADVICE ON MATTERS INVOLVING QUESTIONS OF LAW

The provincial, city legal officer or prosecutor or the municipal legal officer shall render legal advice on matters involving questions of law to the Punong Barangay or any lupon or pangkat member whenever necessary in the exercise of his functions in the administration of the katarungang pambarangay.

SECTION 408SUBJECT MATTER FOR AMICABLE SETTLEMENT; EXCEPTION THERETOWhere one party is the government When one party is a public officer or employee

The lupon of each Barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes EXCEPT:

Offenses punishable by imprisonment exceeding 1 year ; fine exceeding P5000Offenses where there is no private offended party Where the dispute involves real properties located in different cities or municipalities Dispute involving parties residing in barangays of different cities

SECTION 409 VENUE(1) Disputes between persons actually residing in the same Barangay shall be brought for amicable settlement before the lupon of said Barangay. (2) Those involving actual residents of different Barangays within the same city or municipality shall be brought in the Barangay where the respondent or any of the respondents actually resides, at the election of the complainant. (3) All disputes involving real property or any interest therein shall be brought in the Barangay where the real property or the larger portion thereof is situated. (4) Those arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study, shall be brought in the Barangay where such workplace or institution is located.

SECTION 410PROCEDURE FOR AMICABLE SETTLEMENTWho may initiate proceeding --Any individual who has a cause of action against another individual may complain Issuance of summons; hearing; grounds for disqualification--The pangkat shall convene not later than 3 days from its constitution, on the day and hour set by the chairman.

Period to arrive at a settlement--The pangkat shall arrive at a settlement of resolution of the dispute within 15 days from the day it convenes.

Mediation by lupon chairman--Upon receipt of the complaint, the lupon chairman shall within the next working day summon both sides to appear before him for a mediation.

Suspension of prescriptive period of offenses--While the dispute is under mediation, the prescriptive period for offenses and cause for action under existing laws shall be interrupted upon filing of the complaint with the PB.

SECTION 411 FORM OF SETTLEMENTAll amicable settlements shall be in writing: (1) In a language or dialect known to the parties (2) Signed by them (3) Attested to by the lupon chairman or the pangkat chairman, as the case may be

SECTION 412 CONCILIATIONPre-conditioning to Filing a Complaint in Court:

Where parties may go directly to Court:(1) Where the accused is under detention; (2) When a person is deprived of personal liberty; (3) Where actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property etc.

Conciliation among members of Indigenous cultural communities: The customs and traditions of indigenous cultural communities shall be applied in settling disputes between members of the cultural communities.

No complaint shall be filed directly in court unless there has been a confrontation between the parties before the lupon chairman or the pangkat and that no settlement has been reached.

SOURCE http://oca.judiciary.gov.ph/issuances/circulars/OCA%20Circular%20No.

%2051-2011%20with%20attachment.pdf http://definitions.uslegal.com/a/arbitral-award/ http://www.lawphil.net/statutes/repacts/ra1953/ra_876_1953.html http://www.lawphil.net/statutes/repacts/ra2004/ra_9285_2004.html

http://www.uncitral.org/pdf/english/texts/arbitration/ml-arb/06-

54671_Ebook.pdf