IN PARTIAL FULFILLMENT OF THE REQUIREMENTS IN ALTERNATIVE DISPUTE RESOLUTION

GRAY BLANKET OF JUSTICE

BY: ROSANNA P. ROMANCA

A "no" uttered from the deepest conviction is better than a "yes"

merely uttered to please, or, what is worse, to avoid trouble.
-Mahatma Gandhi

The current judicial system of the Philippines shows that a lot of

cases are filing up in the courts waiting for the decision which would
define the attainment of justice for the victor. In the current status quo
where the ratio of our judicial warriors with the population craving for
the resolution of various legal problems is imbalance, an apparent
solution to address such a dilemma should be put in place. Some legal
disputes and misunderstandings can now be resolved without the
necessity of going to the courts. Conflicts of interests that may lead the
parties to a higher level of hatred can be fixed through the process of
negotiation. The latter is a well-accepted and highly appreciated
method of addressing various controversies. On the other hand, there
are some conflicts and disputes that cannot be taken out with a mere
negotiation between the parties. In this regard, the process of
mediation or arbitration will come to play.

Negotiation as a matter of resolving a conflict is simple. Say for

instance, a taxi driver has damaged the property of another person due
to his driving negligence, instead of going to the court with the aid of a
legal counsel, the person whose property was damaged can simply
negotiate with the taxi driver for him to be compensated with the
amount of damage that the former has caused to the property. In
mediation, an independent third party will sit in between the parties to
help settle the problem. The mediator however, shall not make the
decision, instead he can give advice as to what is the best resolution
for the matter in dispute. Arbitration is a process wherein the parties
involved will present their arguments and facts to the arbitrator. The
decision rendered by the latter in this process is binding among the
parties.

Alternative dispute resolution is an advantageous process in

addressing various legal claims and conflicts. In this side of settling the
complications of the parties, the lengthy, cumbersome, financially and
emotionally draining litigations in court can be avoided. The persons
convoluted in a particular problem will be able to finish it off without
actually going to the real war. It is indeed a practical way of gaining
justice.
In the strictest sense of looking into the substance of things, it is
crystal clear that practicability cannot always be equated to the
attainment of a real solution.

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 IN PARTIAL FULFILLMENT OF THE REQUIREMENTS IN ALTERNATIVE DISPUTE RESOLUTION

The process of resolving serious legal disputes outside the providence

of the courts poses a threat to the attainment of justice. It may be just
a small matter to deal with but still it is a wound that will cause a pain
through the corners of our judicial system. According to Martin Luther
King, Jr., injustice anywhere is a threat to justice everywhere. How did
alternative dispute resolution could hurt the essence of true justice?
The answer is simple. In the process, different techniques can be
employed by the more powerful and intelligent party to bring the
weaker one to agree and to settle things in accordance with the
former's whims and benefits. Though one can argue that it is not a
matter to be talked about because the said weaker party has been
given an equal opportunity to think and to discern regarding the
resolution of the matter in question. However, we cannot deny the fact
that a decision rooted from the fear of a further possible problem is not
a thing of justice. Machinations, manipulations, and betrayals are not
elusive but rather are highly possible things that may keep on repeating
in the process of trying to settle legal disputes alternatively.

Finding a solution to a matter that needs to be in order should be

taken with great prudence. One must weigh the risks and benefits in
taking up a particular action. Alternative dispute resolution is indeed a
big help in expediting the process of settling many legal disputes and
its role as a catalyst of securing order in the overcrowded sala of our
judicial system cannot be denied. Parties who wants to settle things off
the court should not forget the fact that vigilance and self-actualization
is a key. Disputes should be settled with equality and not out of fear
and threats for such will make the process as nothing but a mere gray
blanket covering the true essence of justice.

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