2. THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION
This is an agency to the Department of Justice (DOJ) which shall
have a Secratariat and shall be headed by an Executive Director,
who shall be appointed by the President of the Philippines, taking
into consideration the recommendation of the Secretary of Justice.
3. POWERS OF THE AODR
?To act as ppointing authority of mediators and arbitrators when the parties agree in writing that
it shall be empowered to do so.
?To conduct seminars, symposia, conferences and other public fora and and publish
proceedings of said activities and relevant materials/information that would promote, develop
and expand the use of ADR.
?To establish an ADR library or resource center where ADR laws, rules and regulations,
jurisprudence, book, articles and otehr information about ADR in the Philippines and elsewhere
may be stored and accessed.
4. POWERS OF THE AODR
?To establish a training programs for ADR providers/practitioners,
both in the public and private sectors; and to undertake periodic
and continuing training programs for arbitration and mediation
and charge fees on participants. It may do so in conjunction with
or in cooperation with the IBP, private ADR organizations and
local and foreign government offices and agencies and
international organizations.
?To certify those who have succesfully completed the regular
professional training programs provided by the AODR.
5. POWERS OF THE AODR
? To charge fees for services rendered such as among others, for
training and certifications of ADR providers.
?To accepts donations, grants and otehr assistance from local and
foreign sources.
?To exercise such other power as may be necessary and proper
to carry into effect the provisions of the ADR Act.
6. POWERS OF THE AODR
To charge fees for services rendered such as
among others, for training and certifications of
ADR providers.
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To accepts donations, grants and otehr
assistance from local and foreign sources.
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To exercise such other power as may be
necessary and proper to carry into effect the
provisions of the ADR Act.
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7. FUNCTIONS OF THE OADR
? To promote, develop and expand the use of ADR in the private
and public sectors through information, education and
communication.
?To monitor, study and evaluate the use of ADR, by the private
and public sectors for purposes of among others, policy
formulation.
?To recommend to Congress needful statutory changes to
develop, strenghten and improve ADR practices in accordance
with international professional standards.
8. FUNCTIONS OF THE OADR
? To make studies on and provide linkages for the development,
implementation, monitoring and evaluation of government and
private ADR programs and secure information about their
respective administrative rules/procedures, problems
encountered and how they were resolved.
9. FUNCTIONS OF THE OADR
?To compile and publish a list or roster of ADR
providers/practitioners, who have undergone training by the
AODR, or by such training providers/institutions recognized or
certified by the AODR as performing functions in any ADR
System. The list or roster shall include the adresses, contact
numbers, e-mail addresses, ADR service/s renderred (e.g.
arbitrationa, mediatio) and experience in ADR of the ADR
providers/practitioners.
10. FUNCTIONS OF THE OADR
?To compile a listor roster of foreign or international ADR
providers/practitioners. The list or roster shall include the
address, contact numbers, email addresses, ADR service/s
rendered (e.g. arbitration, mediation) and experience in ADR of
the ADR providers/practitioners.
11. DIVISIONS OF THE AODR
?Secretariat- which shall provide necessary support and
discharge such other functions and duties as may be directed by
tge Executive Director.
?Public Information and Promotion Division- which shall be
charged with the dissemination of information, the promotion of
the importance and public acceptance of mediation, conciliation,
arbitration or any combination thereof and other ADR forms as a
means of achieving speedy and efficient means of resolving all
disputes and to help in the pomotion, development and expansion
of the use of ADR.
12. DIVISIONS OF THE AODR
?Traning Division- which shall be charged with the formulation of
effective standards for the training of ADR practitioners, conduct
of trainings in accordance with such standards; issuance of
certifications of training to ADR practitioners and ADR service
providers who have undergone the professional training provided
by the AODR; and the coordination of the development,
implementation, monitoring and evaluation of government and
private sector ADR programs.
13. DIVISIONS OF THE AODR
?Records and Library Division- which shall be
charged with the establishment and maintenance
of a central repository of ADR laws, rules and
regulations, jurisprudence, books articles, and
other information about ADR in the Philippines and
elsewhere.
14. THE ADVISORY COUNCIL
Composition of the Advisory Council:
? Mediation Profession
? Arbitrary Profession
? Organizations
? IBP
? Academe
15. ROLE THE ADVISORY COUNCIL
The Advisory Council is responsible to advise the
Executive Director on policy, operational and other
relevant matters. The council shall meet regularly,
at least once every two (2) months, or upon call by
the Executive Director.
16. THE MEDIATION PROCESS
Mediation- is a voluntary process in which a
mediator, selected by the disputing parties,
facilitates communication and negotaition, and
assists the parties in reaching a voluntary
agreement regarding a dispute.
17. THE MEDIATION PROCESS
Important Terms to Concider:
?Ad hoc Mediation- means any mediation other
than institutional or court-annexed.
?Insitutional Mediation- any mediation
administered by and conducted under the rules
of a mediation institution.
18. IMPORTANT TERMS TO CONCIDER:
?Court-Annexed Mediation- any mediation process
conducted under the auspices of the court and in
accordance with Supreme Court approved guidelines,
after such court has acquired jusrisdiction of the dispute.
?Court-Referred Mediation- mediation ordered by the
court to be conducted in accordance with the agreement
of the parties when an action is prermaturely
commenced in violation of such agreement.
19. IMPORTANT TERMS TO CONCIDER:
?Certified Mediator- mediator certified by the Office for ADR as
having succesfully completed its regular professional training
program.
?Mediation Party- a person who participates in anmediation and
whose consent is necessary to resolve the dispute.
?Mediator- a person who conducts mediation.
?Non-Party Participant- a person, other than a party or
mediator, who participates in a mediation proceeding as a
witness, resource person or except.
20. THE MEDIATION PROCESS
?Selection of a Mediator
The parties have the freedom to select their mediator. The
parties may request the AODR to provide them with a list or
roster or the resumes of its certified mediators. The AODR may
be requested to inform the mediator of his/her selection.
21. THE MEDIATION PROCESS
?Repalcement of Mediator
If the mediator selected is unable to act as such for any reason,
the parties may, upon being informed of such fact, select another
mediator
22. REFUSAL OR WITHDRAWAL OF MEDIATOR
A mediator may refuse from acting as such, withdraw or may be
compelled to withdraw, from the mediation proceedings under the
following circumstances:
? If any of the parties so requests the mediator to withdraw.
?The mediator does not have the qualifications, training and
experience to enable him/her to meet the reasonable
expectations of the parties.
?Where the mediator’s impartiality is in question.
23. REFUSAL OR WITHDRAWAL OF MEDIATOR
? If continuation of the process would violate any ethical
standards.
? If the safety of any of the parties would be jeopardized.
? If the mediator is unable to provide effective services.
?In case of conflict of interest.
26. REFUSAL OR WITHDRAWAL OF MEDIATOR
?In any of the following instances, if the mediator is
satisfied that:
a. one or more of the parties is/are not acting in good faith;
b. the parties’ agreement would be illegal or involve the
commission of a crime;
c. continuing the dispute resolution would give rise to an
appearance of impropriety.
28. REFUSAL OR WITHDRAWAL OF MEDIATOR
d. continuing with the process would cause significant
harm to a nonparticipating person or to the public, or
e. continuing discussions would not be in the best
interest of the parties, their minor children or the dispute
resolution process.
