Philippine alternative dispute resolution
/ Irene De Torres Alogoc
- 2021 edition
- xl, 1205 pages
History of Philippine alternative dispute resolution State policy on ADR Advantages of ADR Sources of ADR in the Philippines ADR challenges in the Philippines The office for alternative dispute resolution Legal bases for the creation and functions of the OADR Mandate and objectives of the OADR Powers and functions of the OADR Staff and service divisions of the OADR Requirements and procedures for OADR Accreditation Other services offered by the OADR The OADR advisory council The government program on ADR Executive order no. 78, series of 2012 Executive order no. 97, series of 2012 Purpose of agency reports Procedure on agency reports Status of compliance of agencies with executive department to E.O. 97 Challenges in ADR governance OADR milestones The OADR strategic framework Types of ADR mechanisms under the ADR act The ADR spectrum Types of ADR mechanisms Mediation Arbitration Conciliation Negotiation Early neutral evaluation Mini-trial Mediation-arbitration Other forms of ADR ADR practice in other countries Multi-tiered dispute resolution Mediation Classifications of mediation under the ADR act Ad hoc mediation Institutional mediation Court-annexed mediation Court-referred mediation Advantages of mediation Mediator Certified mediator Mediation party Non-party participant Selection process of a mediator Ethical standards in selecting a mediator Lawyer as a representative in mediation Role of a counsel in mediation Conduct of mediation Considerations in the conduct of mediation Place of mediation Effect of agreement to submit dispute to mediation under institutional rules Non-reporting or communication by a mediator Guidelines on the confidentiality of information in mediation Rules on the waiver of confidentiality Exceptions to the confidentiality privilege Prohibited mediator reports Mediator's disclosure and conflict of interest Guideline and principles in the acceptance of role as mediator Effect of agreement to submit dispute to mediation under the ADR act Enforcement of mediated settlement agreement Mediation under the special ADR rules Deposit and enforcement of mediated settlement agreement with the court Interest-based mediation Mediators Areas of application Stages of mediation Sample opening statement Sample compromise agreement Seven elements of an effective mediation Conflict resolution techniques Ethical issues in mediation The 2019 Singapore convention on mediation Advantages of the Singapore convention Effectivity of Singapore convention Scope of application of application of the Singapore convention Form of settlement agreement in the Singapore convention Mediation under Singapore convention General principles of mediation under the Singapore convention Requirements for reliance on settlement agreements Grounds when the grant of relief may be refused under the Singapore convention Parallel application or claims Other laws or treaties Application of other laws or treaties in a settlement agreement in the Singapore convention Parallel application or claims Other laws or treaties Application of other laws or treaties in a settlement agreement in the Singapore convention Parties to the convention or reservation on settlement agreements The depositary under the convention The rule on signature, ratification, acceptance, approval, and accession under the convention The participation of regional economic integration organizations in the convention The rule in case of non-unified legal systems Effectivity of the convention Amendments to the convention Denunciation of the convention What is arbitration Key features of arbitration Types of arbitration State-state arbitration Investor-state arbitration Ad hoc arbitration Institutional arbitration Legislated arbitration Construction arbitration Commercial arbitration Domestic arbitration International Commercial Arbitration (ICA) Arbitration agreement Sample submission agreement Key elements to an arbitration agreement Submission to arbitration The seat of arbitration Arbitral rules Number of arbitrators Language of the arbitration Substantive law of the contract vs. law governing the arbitration agreement International Bar Association (IBA) guidelines for drafting international arbitration clauses Basic drafting guidelines for multi-contract arbitration clauses in the IBA Form of an arbitration agreement Principle of separability of arbitration clause Pathological clauses Arbitration agreement and substantive claim before the court Doctrine of competence-competence Who may submit to arbitration? Party disqualification to a domestic arbitration and exceptions Party in a case pending in court may refer the case for arbitration Multi-party arbitration Consolidation of proceedings and concurrent hearings Treatment of parties in an arbitral proceeding What is an arbitrator / arbitral tribunal? Examples of arbitral institutions Who may be arbitrators? IBA rules of ethics for international arbitrators IBA guidelines on conflicts of interest in international arbitration IBA guidelines on party representation in international arbitration Appointing authority Integrated Bar of the Philippines (IBP) guidelines for the appointment of an arbitrator Appointment of arbitrators Request of appointment Challenging the appointment of an arbitrator Arbitrator's failure or impossibility to act Appointment of an emergency arbitrator Appointment of a substitute arbitrator Jurisdiction of arbitral tribunal Place of arbitration Rules of procedure in arbitral proceedings Confidentiality of arbitration proceedings Sample notice of arbitration Sample response to notice of arbitration Oath of the arbitrators Sample arbitrator's acceptance, oath of office, statement of independence and impartiality and statement disclosure Hearing and written proceedings Sample terms of reference Sample procedural order Statements of claim and defense Sample statement of claim Sample statement of defense and counterclaim Statement of counterclaim Default party Expert appointed by the arbitral tribunal Court assistance in taking evidence and other matters Rules applicable to the substance dispute Grant of interim measures Termination of proceedings Decisions of the panel of arbitral tribunal Settlement Award in arbitration Sample final award Forms and contests of award Correction and interpretation of award, additional award Laws governing post-award proceedingd Venue and jurisdiction Convention award Non-convention award Judicial review of arbitration awards Arbitration of construction disputes Special rules of court on alternative dispute resolution Objectives of the special ADR rules (SADRR) Spirit and intent of the SADRR Subject matter and governing rules Nature of the proceedings Summary proceedings in certain cases Policy on arbitration Principle of competence-competence The principle of separability Rules governing arbitral proceedings Policy implementing competence-competence principle Policy of mediation Policy on arbitration-mediation or mediation-arbitration Conversion of settlement agreement to an arbitration award When judicial relief is available Judicial relief before commencement of arbitration Judicial relief after arbitration commences Judicial relief involving the issue of existence, validity and enforceability of the arbitration agreement Procedure of judicial relief before and after commencement of arbitration Referral to ADR Interim measures of protection Appointment of arbitrators Challenge to appointment of arbitrator Termination of the mandate of arbitrator Assistance in taking evidence Confidentiality/protective orders Recognition and enforcement of awards under the special ADR rules Setting aside an award Recognition and enforcement of a foreign arbitration award under the New York convention and special ADR rules Special ADR rules in domestic arbitration confirmation, correction or vacation of award in domestic arbitration Special ADR rules on construction arbitration Deposit and enforcement of mediated settlement agreements Motion for reconsideration, appeal and certiorari Appeal and certiorari under the SADRR Appeals to the court of appeals Special civil action for certiorari Appeal by certiorari to the supreme court Online dispute resolution Guidelines for the resolution of issues related to arbitration of loans secured by collateral ADR in the judiciary The Philippine judicial academy The Philippine mediation center CAM and JDR as ADR mechanisms What is court-annexed mediation? Mediation under the revised guidelines for continuous trial of criminal cases Other ADR mechanisms Neutral or early neutral evaluation Mini-trial Rules governing mediation-arbitration Costs and fees of the med-arbiter ADR under the Katarungan Pambarangay system The Katarungan Pambarangay (KP) Origin of the Katarungang Pambarangay Objective of Katarungang Pambarangay law Effectiveness of Katarungang Pambarangay in the settlement of disputes in local government units Cases covered by the Katarungang Pambarangay Exceptions under R.A. 7160 Additional exceptions under R.A. 7160 Exceptions under Supreme Court administrative circular 14-93 Mandatory nature of barangay conciliation Non-exhaustion of administrative remedies Suspension of prescriptive period of offenses for complaints filed under the Katarungan Pambarangay law Prescriptive period of crimes for complaints filed under the Katarungan Pambarangay law Sample computation of prescriptive period Parties and venue in Katarungan Pambarangay Personal appearance is mandatory before the barangay The venue for filing complaints under the KP law Objections to venue The Punong Barangay Chief executive : powers, duties, and functions Other powers and duties of the Punong Barangay Instances when the next-in-rank may perform the duties of the Punong Barangay Duty of the Punong Barangay to constitute the lupon The lupong tagapamayapa ADR procedure in the barangay The pangkat ng tagapagkasundo Arbitration under the Katarungan Pambarangay Conduct of arbitration in the barangay What if the accused is a child in conflict with the law? ADR practice of indigenous peoples The Indigenous Cultural Communities (ICCs) / indigenous peoples Laws governing recognition of indigenous peoples' ADR mechanisms Indigenous peoples' rights act of 1997 The National Commission on Indigenous Cultural Communities (ICCs) Boundary conflicts with IP communities Resolution of conflicting claims 2018 national commission on indigenous peoples rules of procedure Venue Proceeding in the regional hearing office Proceedings in the Commission En Banc (CEB). Part 1. Appealed cases Part II. Petition for cancelation of CADTS/CALTS Evidence Subpoena ad testificandum and subpoena duces tecum Contempt Provisional remedies Legal fees