Notes on ADR (simplified)
What is ADR?This is a process by which parties to a conflict may choose what mode to use in the resolution of their conflicting claims. They are free to choose between arbitration, mediation or conciliation. In fact, combinations thereof or other similar modes may also be utilized in order to attain the law's goal of avoiding costly and time-consuming court litigation.
Why do we need ADR?
It is that State's policy to promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolved their disputes. Not only that, it is also equally important to note that ADR also facilitates the speed, impartial and judicious disposition of cases and the unclogging of dockets of courts.
What is the fundamental aim of ADR?
This is to empower disputants in the process of conflict resolution. However, it also has a collateral effect of declogging courts.Is there a difference between court-annexed and court-referred mediation?
Yes, there is. A court-annexed mediation is that which is conducted under the auspices of the court. One the other hand, a court-referred mediation is that which is ordered by the court due to premature commencement.
Who are ADR-providers?
ADR providers are those institutions or persons accredited as mediators, conciliators, arbitrators, neutral evaluator or any person exercising similar function in any ADR system.
What is this model law called UNCITRAL Model Law?
This model law provides for a uniform application of arbitral procedures for its signatories. UNCITRAL means United Nations Commission on International Trade Law.
What does the New York Convention provide?
This Convention provides for a uniform set of rules on the recognition and enforcement of foreign arbitral awards.
What things are not covered by the ADR law?
There are certain matters to which the ADR cannot apply. These are labor disputes, the civil status of persons, validity of a marriage, grounds for legal separation, jurisdiction of courts, future legitime, criminal liability and those which by law cannot be compromised.
What are other things not covered by ADR?
(1) Habeas Corpus petitions
(2) All cases under Republic Act No. 9262
(3) Cases with pending application for Restraining Orders/Preliminary Injunctions
