1. Define ADR and enumerate its modes?

-Any process or procedure that used to resolve a dispute or controversy, other than by
adjudication of a presiding judge of a court or an officer of a government agency, in which
includes negotiation, mediation, conciliation, arbitration, early neutral evaluation, mini-trial and
any combination thereof.

2. Give at least 10 subjects/issues that cannot be subjected to ADR?

- labor disputes, civil status of a person, validity of a marriage, any ground for legal separation,
courts jurisdiction, future legitime, criminal liability, graft and corrupt practices and those that
cannot be compromised under the law.

3. What is the liability of ADR providers and practitioners?

- Sec. 38 of the Administrative Code of 1987. Liability of Superior Officers.

(1) A public officer shall not be civilly liable for acts done in the performance of his official duties,
unless there is a clear showing of bad faith, malice or gross negligence.

(2) Any public officer who, without just cause, neglects to perform a duty within a period fixed by
law or regulation, or within a reasonable period if none is fixed, shall be liable for damages to the
private party concerned without prejudice to such other liability as may be prescribed by law.

(3) A head of a department or a superior officer shall not be civilly liable for the wrongful acts,
omissions of duty, negligence, or misfeasance of his subordinates, unless he has actually
authorized by written order the specific act or misconduct complained of.

4. Distinguish Mediation from Conciliation?

- In mediation, the recommendation of the Mediator is not binding among the parties; it is still
whether the parties may accept the recommendation or opinion of the Mediator. Further, the
duty of a Mediator in Mediation is either to facilitate or evaluate the facts of the case.

Conversely, in Conciliation, the award rendered by the Conciliator is binding, albeit, temporarily.

5. Give at least two distinctions between a court-annexed mediation and court referred mediation?

- Court-Annexed Mediation involves any mediation process conducted under the auspices of the
court, after such court has acquired jurisdiction of the dispute.

While in Court-Referred Mediation, a mediation ordered by a court to be conducted in accordance

with the Agreement of the Parties when as action is prematurely commenced in violation of such
agreement.
6. What are the two (2) options of parties in a mediation proceeding to ensure compliance or
enforceability of a mediated settlement agreement?

SEC. 17. Enforcement of Mediated Settlement Agreement. - The mediation shall be guided by the
following operative principles:

(a) A settlement agreement following successful mediation shall be prepared by the parties
with the assistance of their respective counsel, if any, and by the mediator.

The parties and their respective counsels shall endeavor to make the terms and condition
thereof complete and make adequate provisions for the contingency of breach to avoid
conflicting interpretations of the agreement.

(b) The parties and their respective counsels, if any, shall sign the settlement agreement. The
mediator shall certify that he/she explained the contents of the settlement agreement to the
parties in a language known to them.

(c) If the parties so desire, they may deposit such settlement agreement with the appropriate
Clerk of a Regional Trial Court of the place where one of the parties resides. Where there is a
need to enforce the settlement agreement, a petition may be filed by any of the parties with
the same court, in which case, the court shall proceed summarily to hear the petition, in
accordance with such rules of procedure as may be promulgated by the Supreme Court.

(d) The parties may agree in the settlement agreement that the mediator shall become a sole
arbitrator for the dispute and shall treat the settlement agreement as an arbitral award which
shall be subject to enforcement under Republic Act No. 876, otherwise known as the
Arbitration Law, notwithstanding the provisions of Executive Order No. 1008 for mediated
dispute outside of the CIAC.

7. Explain the competence-competence rule?

- means that the arbitral tribunal has the power to rule on its own jurisdiction, that is, on the
very foundation of its mandate and power.

Article 16. Competence of arbitral tribunal to rule on its jurisdiction (1) The arbitral tribunal may
rule on its own jurisdiction, including any objections with respect to the existence or validity of
the arbitration agreement.

For that purpose, an arbitration clause which forms part of a contract shall be treated as an
agreement independent of the other terms of the contract.

A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the
invalidity of the arbitration clause.

(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the
submission of the statement of defence. A party is not precluded from raising such a plea by the
 fact that he has appointed, or participated in the appointment of, an arbitrator. A plea that the
arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter
alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The
arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.

(3) The arbitral tribunal may rule on a plea referred to in paragraph (2) of this article either as a
preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary
question that it has jurisdiction, any party may request, within thirty days after having received
notice of that ruling, the court specified in article 6 to decide the matter, which decision shall be
subject to no appeal; while such a request is pending, the arbitral tribunal may continue the
arbitral proceedings and make an award.

8. Give an example of ADR Clause or provision in a contract or any agreement.

9. A. What are the qualifications to be an ADR provider or practitioners?

- There is no required qualifications that an ADR provider or practitioner must possess

B. State the basic policies of the state with regard to ADR practices?

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10.