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Alternative Dispute Resolution Law and Executive Order 523
Republic Act 9285: ADR Act of 2004
The CoRe Group Foundation convened stakeholders to draft the hallmark Law,
An Act to Institutionalize the Use of Alternative Dispute Resolution in the Philippines and create the Office of ADR in 2004.
We also catalyzed consensus discussions of quasi-judicial agency officials that drafted President Gloria Macapagal Arroyo's Executive Order on Administrative Justice Reform.
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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 who shall undergo training.
The Office of the President shall be awarding 360 scholarships to senior officials from the Executive Department for an academic program that will be facilitated by the Conflict Resolution Group Foundation, Inc. (The CoRe Group). The comprehensive training program will provide the necessary capacity-building skills that would enable the scholars to become ADR practitioners by international standards, and to design, implement and manage ADR programs in their respective agencies.
Alternative Dispute Resolution in Business and the Establishment of the National Mediation Center
We implemented a forum series which led to the signing of a covenant with 9 of the largest business organizations in the country to push for the use of ADR by business and the set-up of Business ADR Units in Metro Manila, Southern Luzon, Vizayas and Mindanao.
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Department of Education
Ang Batang Tagapamagitan Program: The Peer Mediation in Public Schools
The CoRe Group Foundation piloted the Batang Tagapamagitan Program (Peer Mediation) for Elementary Schools in the country. 30 students, aged 9 to 12, of the Old Balara Elementary School (OBES) District IV Quezon City underwent a specially designed mediation training program to become student mediators. Since then, they have been solving classroom disputes arising in their school. Of the 26 student disputes documented within the first 2 months of implementation, 24 were successfully resolved through Peer Mediation. By the end of the school year, 90.9% of the mediation cases reported were resolved.
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Supreme Court Pilot Mediation Project in the Lower Courts
In 1999, the Supreme Court under the auspices of the Philippine Judicial Academy tested a program involving 43 mediation trainees, of which 21 qualified. The field training in actual court settings conducted in the first quarter of the year 2000 resulted in the settlement of 40% of the cases referred to the trainees.
In July, 2000, Prof. Annabelle Tecson-Abaya was invited to participate in the project. Involving the Singapore Mediation Center, 60 new mediators were trained. She then designed a supervised internship program as supplement training to intensify the trainees' skills. The pilot yielded an 84% settlement rate.
Buoyed by the success of the first 2 projects, the Supreme Court and the Philippine Judicial Academy decided to advance the development of the project by 4 years, by embarking on the full-blown national Court-referred Mediation Project. Prof. Tecson-Abaya was engaged to design and manage the program, which included:
- the training and accreditation of over 400 mediators in Manila, Cebu and Davao
- the continuous training of previously trained mediators
- the holding of advocacy and consultative forums/conferences for stakeholders (lawyers, judges, business, NGO, academe, media)
- the holding of Settlement Weeks, a 2-week program where judges and mediators were paired up for the intensive effort of resolving cases amicably
- the formation of the Philippine Mediation Center, which now serves as the receptacle for the continuance of the mission of the project in training, mediator accreditation, mediation service and development of other mediation applications
The 14 pilot projects conducted in preparation for the Settlement Weeks Project resulted in a total average settlement rate of 77%, while the Settlement Weeks Project, called by Chief Justice Hilario Davide Jr., generated an 81% settlement rate of 1,800 cases mediated, with close to 1,500 cases resolved within the 2-week period. Moreover, we were able to train 400 mediators of the Courts in Metro Manila, Cebu and Davao.
The success of the Supreme Court in the use of a formal mediation process can serve as model for any effort that other quasi-judicial agencies can use in resolving disputes speedily and satisfactorily.
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Various Government and Non-government Agencies
Bangko Sentral ng Pilipinas
We are installing a dispute resolution system in the workplace.
Board of Investments
We trained 30 mediators to compose its newly formed Mediation Board.
Commission on Higher Education
A highly interactive program to strengthen the trainees on the field of conflict resolution, specifically on
- understanding the self in the context of peace, social and interpersonal conflict,
- theoretical tools for the analysis of conflict,
- differentiation of the various methods of conflict resolution,
- experiential learning of the use of negotiation and mediation and
- the essentials of power of dialogue was conducted. 60 mediators were produced.
Cooperative Development Authority
We are in the process of preparing the Cooperative Sector for the nationwide implementation of Conciliation-Mediation of Coop disputes at the primary and union-federation levels.
Department of Trade's Bureau of Trade Regulation and Consumer Protection
We trained over 150 mediators.
East Asian Pastoral Institute
We conduct annual training programs for religious and lay people from 26 countries under the EAPI.
Housing and Land-Use Regulatory Board
Frontline staff of HLURB Main Office participated in mediation training aimed at incorporating mediation into the dispute resolution system of their agency. After a 4-day live-in training on conflict resolution and a 10-day internship program which involved actual, supervised mediation of three cases per trainee, 30 mediators were produced.
Intellectual Property Office
We trained 30 new mediators that succeeded in settling 84% of cases mediated.
National Labor Relations Commission
The annual case intake of the National Labor Relations Commission is estimated at 15,000 disputes per year. In 2003, the NLRC embarked on a mediation project directed at intensifying efforts at resolving disputes prior to filing for litigation. The CoRe Group developed and trained 100 new mediators, consisting of Arbiters and Labor Arbiter Associates and other designated NLRC employees who actively participated in the settlement program. This resulted in a 94% successful settlement of hundreds of dispute cases mediated.
To institutionalize what proved to be successful, the NLRC established the Conciliation Mediation Center in December, 2004. Its goal is to intercept the escalation of minor complaints through Mediation. By October 2005, settlement rate at the NLRC increased to 98%. Reports show that 2,484 workers benefited from the Mediation.
OFW Recruitment Agencies
We have a Memorandum of Understanding with the largest OFW Recruitment agencies and the OFW Cub with over 300,000 card bearing members to provide mediation for the faster resolution of their cases.
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Various Private Institutions, Corporate Clients and Individuals
We have conducted training programs for various large corporations. Customized trainings and workshops are also available for private institutions and individuals
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