Mediation, arbitration, and alternative dispute resolution under Philippine ADR frameworks.
What this area covers
Dispute resolution covers the ways a disagreement can be settled outside, or alongside, a full court trial. Our work covers mediation, arbitration, and the drafting of the clauses that commit parties to these methods, under the country's alternative dispute resolution frameworks.
These methods are often faster and more private than litigation, and many commercial agreements now require them before a court case may be brought.
Matters we handle
Mediation
Arbitration
Drafting of arbitration clauses
Enforcement of arbitral awards
Settlement support
How these matters typically proceed
The principal statute is the Alternative Dispute Resolution Act of 2004 (Republic Act No. 9285). It recognizes two main methods. In mediation, a neutral third party helps the disputants reach their own settlement; the mediator does not decide the matter. In arbitration, the parties present their case to an arbitrator whose decision, called an award, is binding.
Many cases also pass through court-annexed mediation as a required step once a case is filed. An arbitral award, once rendered, may be brought to the courts for recognition and enforcement, giving it the force of a judgment.
Related areas
Dispute resolution is an alternative route for the same disagreements handled in our Civil Law practice, and arbitration clauses are a regular feature of our Business & Corporate Law work.