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Overview of
Alternative Dispute
Resolution (ADR)
Atty.
Atty. Cesar
Cesar A.
A. Manuel,
Manuel, MNSA
MNSA
Director,
Director, Legal
Legal Services
Services Group
Group
Supervising
Supervising Director,
Director, HOA
HOA Special
Special Project
Project Team
Team
Trained
Mediator
for
the
Executive
Branch,
CoRe
Trained Mediator for the Executive Branch, CoRe Group
Group
RA 9285
Alternative Dispute
Resolution Act of 2004
April 2, 2004
ADR System
Any process or procedure used to
resolve a dispute or controversy,
other than by adjudication of a
presiding judge of a court or an officer
of a government agency, as defined in
this Act, in which a neutral third party
participates to assist in the resolution
of issues, which includes
arbitration, mediation,
conciliation, early neutral
evaluation, mini-trial, or any
combination thereof. (Sec. 3 (a),
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Chapter 1, RA 9285)
Modes
Arbitration
Mediation
Conciliati
on
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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 this Act,
resolve a dispute by rendering an
award. (Sec. 3 (d), Chapter 1, RA
9285)
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Arbitration
Decision
Arbitrator
Disputant
Disputant
Conciliation
(under HLURB
Rules)
The Conciliator
Prior to the conduct of the conciliation
conference, the conciliator shall
explain the nature, objectives and
rules of the proceedings. The
conciliator shall facilitate the
dialogue/discussion between the parties
to encourage the settlement of the
dispute without need of filing of a formal
complaint. The conciliator may meet
or communicate with the parties
together or individually. (Sec. 14, Rule
3, HLURB MC No. 08, S. 21 March 2011)
Mediatio
n
A voluntary process in which a
mediator, selected by the
disputing parties, facilitates
communication and negotiation,
and assist the parties in reaching
a voluntary agreement regarding
a dispute. (Sec. 3 (q), Chapter
1, RA 9285)
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Mediatio
n
Mediator
Disputant
Disputant
Decision
In HLURB
Parlance
Conciliation
Mediation
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Mediation as
Preferred ADR
Mechanism for
HOA Disputes
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Mediation
Mediation
Mediation
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Mediation
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Mediation
Mediation
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Mediation
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Proposed Procedure
1) Commencement (Filing of Request)
2) Scheduling of the Conference
3) Termination of the Proceedings
Compromise Agreement
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Commencement
The grievance procedure commences when a
request is filed before the HOA Grievance
Committee in triplicate plus such number of
copies as there are respondents, after
service in person to the respondent/s of the
notice to undergo conciliation proceedings
together with the copy of the request.
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Non-Appearance of the
Parties
Failure of the parties to appear on
the scheduled conciliation
conference, shall be a ground for a
motu propio termination of the
proceeding.
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Confidentiality
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Thank
You!
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