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