Mediation
Programs On Alternative Dispute Resolution
Alternative Dispute Resolution Program in the Executive Department
Executive Order 523 was instituted to promote the use of alternative modes
of dispute resolution such as, but not limited to, mediation, conciliation and arbitration
as part of their practice in resolving disputes filed before them. All agencies
under the Office of the President are mandated to develop, implement and institutionalize
an Alternative Dispute Resolution (ADR) Program, and report its progress annually
to the President. As such, all agencies are required to name at least 2 ADR specialists.
In line with this, the CoRe Group worked with the Office of the President to train
ADR Specialists in the skills necessary to perform their function and to assist
in the design of an ADR framework in their respective agencies. Scholarships were
awarded to 270 officials of from the Executive Department. They underwent a rigorous
3-week capacity-building program and 6 months of workshops. Alternative Dispute
Resolution Program at the Department of Education A total of 452 mediators from
all regions were trained at the Department of Education to assist in the speedy
resolution of internal disputes. This year-long project ended with the drafting
of an ADR framework and policy designed by the DEPED Technical Working Group and
supported by the CoRe Group.
Internal Dispute Resolution Program at the OPAPP
The Office of the Presidential Adviser on the Peace Process (OPAPP) sought the assistance
of the CoRe Group to make their existing grievance mechanism more adept to the needs
of the employees. Following a series of consultations with employees and the management,
a team from the OPAPP designed an Internal Dispute Resolution System (IDRS) that
incorporates mediation into the grievance mechanism. The new system enhanced the
existing grievance guidelines with mediation tools while adhering to the basic rules
set by the Civil Service Commission.
ADR at the Commission on Human Rights
A successful pilot program was implemented in NCR consisting of a training program
for new mediators. The pilot program included consultations among stakeholders in
the design of an ADR framework for disputes involving internal and external stakeholders
of CHR.
ADR at the Office of the Ombudsman
A comprehensive program was developed to institutionalize mediation at the Office
of the Ombudsman that included training of over 110 mediators across the country
and consultations for the drafting of operational guidelines for the new mediation
unit.
Office of the President (Executive Order 523)
The CoRe Group successfully trained over 270 ADR Specialists from over 150 agencies
under the Office of the President. Internship programs, where trainees were made
to mediate live cases, resulted in the following success rates from the following
agencies: 96% in the DTI, 100% in the NLRC, and 94% in POEA. This program also led
to the record zero-backlog of trade-related cases at the DTI-NCR- the first time
in 20 years. This program resulted to the installation of an ADR system in many
agencies.
Cooperative Development Agency
The CoRe Group conducted a series of dialogues among representatives of cooperatives
nationwide which resulted to the drafting of a memorandum circular instituting ADR
in all cooperatives nationwide. A critical element of the program is the enhancement
of the skills of conflict resolvers in over 50,000 cooperatives. A unique distance
education program was produced to reach a massive audience at the most cost-effective
means.
ADR in Business Program Development Series
The CoRe Group led the business community in devising strategies to expedite the
resolution of trade cases. Nine (9) of the largest business organizations were engaged
by CoRe in the signing of a covenant for the promotion of ADR in the private sector
and the establishment of National Center for Mediation (NCM) These apex organizations
include the following: Philippine Chamber of Commerce & Industry (PCCI), Management
Association of the Philippines (MAP), Federation of Filipino-Chinese Chamber of
Commerce and Industries, Inc. (FFCCII), Federation of Philippine Industries (FPI),
Chamber of Commerce Philippines Foundation (CCPF), Philippine Exporters Confederation
(PhilExport), Employers Confederation of the Philippines (ECOP), and Personnel Management
Association of the Philippines (PMAP). To date, there have been over 160 business
mediators trained by the CoRe Group in 8 NCM chapters across the country, namely
in NCR, Baguio, Clark, Cavite, Cebu, Bacolod, Davao and Cagayan de Oro. The NCM
has undergone public information campaigns, with the support of the CoRe Group,
to promote the mediation services. The center was formally launched in October 18,
2006 during the Philippine Business Conference.
Research
|
PROJECT NAME:
|
VIABILITY OF ADR IN THE SME SUB-SECTOR
|
|
PROJECT DURATION:
|
May – August 2007
|
|
CLIENT / PARTNER:
|
USAID & THE ASIA FOUNDATON
|
Various research methodologies were employed to ensure effective consultation with
all identified stakeholders of the SME sub-sector with the following project objectives:
- Review of the current government programs designed to assist in the conflict resolution
of SME
- Analyze the capability of various SME Associations to assist in the conflict resolution
requirements of the SME
- Mapping out of conflicts within the SME subsector and quantify its effects on
the productivity of the businesses
- Pinpoint the high-risk areas for conflict and determine how they can be addressed
- Outline a plan to strengthen the conflict management support systems available
for the SME either through policy or system enhancements.
The study culminated in the development of a Conflict Resolution Framework deemed
acceptable, accessible and cost-effective for all stakeholders of the sub-sector.