DISPUTE RESOLUTION

AND CRISIS INCIDENT

MANAGEMENT
Prepared by: PMSg ROY E ESTILLERO, PhD, RCrim, LPT
DISPUTE – it is an argument or
disagreement between people or
groups.
 DISPUTE RESOLUTION
The processes that are used to address
disputes. It includes all dispute resolution
methods and approaches from early resolution
through to formal tribunal or court processes.
 DISPUTE RESOLUTION
If parties are unable to settle disputes themselves
through negotiation and the disputes falls under
the jurisdiction of the Katarungang
Pambarangay, they must bring the case to the
Punong Barangay to attempt settlement prior to
filling or their complaint in court.
BJS, CTA, regular filling
 If the Punong Barangay is unable to achieve a
settlement, the case is referred to the Pangkat ng
Tagapagkasundo
 KATARUNGANG PAMBARANGAY
provides for local disputes (alitan/hidwaan), which
will fall under its jurisdiction to be resolved
through the process of mediation, conciliation, or
arbitration by the Lupong Tagapamayapa or
LUPONS of which the Punong Barangay is the
chairman.
 MEDIATION
A face-to-face disputes process with the
Punong Barangay as mediator assisting the
negotiating disputants in defining issue and
interest, reviewing interest, exploring
solutions, and developing mutually
acceptable settlements.
 MEDIATION
The mediation (or conciliation) proceeding are not held
for the purpose of determining the legal the rights and
obligations of the parties. Rather, they are for the
purpose of encouraging and helping the parties to
arrive at an amicable settlement of their dispute.
Amicable Settlement is an agreement
reached during mediation and
conciliation proceedings
 CONCILIATION
is a form of mediation where the Pangkat
ng Tagapagkasundo, a panel of three
mediators selected from the Lupong
Tagapamayapa, assists the parties in
formulating their own agreement in a face-
to-face meeting.
 ARBITRATION
A face-to-face dispute resolution
process whereby the Punong
Barangay or the Pangkat ng
Tagapagkasundo acting as an
arbitrator or tagapamagitan
 ARBITRATION
The parties present evidence as to
the facts and merits of the case to
the arbitrator. Based on the facts,
the arbitrator decides, an award that
he or she believes to be fair and just.
The arbitrator(s) must be neutral,
impartial, and acceptable to the
disputing parties.
 AWARD
Any partial or final decision by an
arbitrator in resolving the issue in a
controversy.
 KATARUNGANG PAMBARANGAY
1. A system of justice
2. For resolution of local level of
disputes
3. Free the court with cases
4. Provide justice to the poor
5. Not judge but assist.
KATARUNGANG PAMBARANGAY

LUPON TAGAPAMAYAPA

PANGKAT NG TAGAPAGKASUNDO
 the body that comprises the barangay
LUPON justice system and on it sit the barangay
captain and 10 to 20 members. The
TAGAPAMAYAPA body is normally constituted every three
years and holds office until a new body is
constituted in the third year.
PANGKAT NG A panel of three members
of the Lupong
TAGAPAGKASUN Tagapamayapa, who can
DO conciliate (mediate) or
arbitrate/settle the case
 AS A GENERAL RULE!

1. NO LAWYERS allowed in barangay

hearings
2. Not all cases go to the Katarungang
Pambarangay (civil case)
3. Execution may be filed in court.
4. Lupon Tagapamayapa is NOT a court!
 TAKE NOTE!

If neither the Punong Barangay (Brgy.

Chairman) nor the Pangkat is able to
arrive at a settlement, the Lupon
Secretary or the Pangkat Secretary
(with attestation by the Lupon or Pangkat
Chairman) will issue a Certificate to
File Action (CTA) in court, and the
parties may then file the complaint in
court. (regular filling)
 TAKE NOTE!
In offenses punishable by imprisonment not
exceeding one (1) year involving parties actually
residing in the same city or municipality, the
complainant should first file a complaint with the
LUPON of the barangay for a possible amicable
settlement. He/she should not directly file a
complaint with the Office of the Prosecutor
otherwise his complaint will be dismissed.
 AMICABLE SETTLEMENT

• Formally institutionalized in order to

help relieve the courts of such
docket congestion and thereby
enhance the quality of justice
dispensed by them.
• mapayapang kasunduan
 ACCEPTED CASES IN
KATARUNGANG PAMBARANGAY
Unlawful use of means of publication and unlawful utterances
(Art 154)
Alarms and scandals (Art 155)
Using false certificates (Art. 175)
Using fictitious names and concealing true names (Art 178)
Illegal use of uniforms and insignias (Art 179)
Physical injuries inflicted in a tumultuous affray (Art 252)
Giving assistance to consummated suicide (Art 253)
 ACCEPTED CASES IN
KATARUNGANG PAMBARANGAY
Responsibility of participants in a duel if only physical injuries
are inflicted or no physical injuries have been inflicted (Art 260)
Less serious physical injuries (Art 265)
Slight physical injuries and maltreatment (Art 266)
Unlawful arrest (Art. 269) refers to the offense of
arresting or detaining another without any
authorization or reasonable ground, to deliver the
latter to the proper authorities.
Inducing a minor to abandon his/her home (Art 271)
Abandonment of a person in danger and abandonment of one’s
 ACCEPTED CASES IN
KATARUNGANG PAMBARANGAY
Abandoning a minor (a child under seven 7 years old) (Art 276)
Abandonment of a minor by persons entrusted with his/her
custody
Indifference of parents (Art 277)
Qualified trespass to dwelling (w/out violence and intimidation)
(Art 280)
Other forms of trespass (Art 281)
Light threats (Art 283)
Other light threats (Art 285)
 ACCEPTED CASES IN
KATARUNGANG PAMBARANGAY
Grave coercion (Art 285)
Light coercion (Art 287)
Other similar coercions (compulsory purchase of merchandise
and payment of wages by means of tokens) (Art 288)
Formation, maintenance and prohibition of combination of
capital or labor through violence or threats (Art 289)
Discovering secrets through seizure and correspondence (Art
290)
Revealing secrets with abuse of authority (Art 291)
 ACCEPTED CASES IN
KATARUNGANG PAMBARANGAY
Theft (if the value of the property stolen does not exceed PHP 50 (Art 309)
Qualified theft (if the amount does not exceed PHP 500) (Art 310)
Occupation of real property or usurpation of real rights in property (Art
312)
Altering boundaries or landmarks (Art 313)
Swindling or estafa (if the amount does not exceed PHP 200.00) (Art 315)
Other form of swindling (Art 316)
Swindling a minor (Art 317)
Other deceits (Art 318)
 ACCEPTED CASES IN
KATARUNGANG PAMBARANGAY
Removal, sale, or pledge of mortgaged property (Art 319)
Special cases of malicious mischief (if the value of the damaged
property does not exceed PHP 1,000) (Art 328)
Other mischiefs (if the value of the damaged property does not
exceed PHP 1,000) (Art 329)
Simple seduction (Art 338)
Act of lasciviousness with the consent of the offended party (Art
339)
 ACCEPTED CASES IN
KATARUNGANG PAMBARANGAY
Threatening to publish and offer to prevent such publication for
compensation (Art 356)
Prohibiting publication of acts referred to in the course of official
proceedings (Art 357)
Incriminating innocent persons (Art 363)
Intriguing against honor (Art 364)
Issuing checks without sufficient funds (BP 22)
Fencing (if the property involved is not more than PHP 50.00
(PD 1612)
 ACCEPTED CASES IN
KATARUNGANG PAMBARANGAY
Threatening to publish and offer to prevent such publication for
compensation (Art 356)
Prohibiting publication of acts referred to in the course of official
proceedings (Art 357)
Incriminating innocent persons (Art 363)
Intriguing against honor (Art 364)
Issuing checks without sufficient funds (BP 22)
Fencing (if the property involved is not more than PHP 50.00
(PD 1612)
 RESTORATIVE JUSTICE
An approach to justice that seek to repair harm by
providing an opportunity for those harmed and those
who take responsibility for the harm to communicate
about and address their needs in the aftermath of a
crime.
RESTORATIVE JUSTICE
An approach to justice in which the response to a
crime is to organize a meeting between the victim
and the offender, sometimes with representatives of
the wider community.
 RESTORATIVE JUSTICE
A new movement in the fields of victimology and
criminology.
Acknowledging that crime causes injury to people and
communities, it insists that justice repair
Those injuries and that the parties be permitted to
participate in that process.
 RESTORATIVE VS
RETRIBUTIVE JUSTICE
Restorative is a valued-based approach focused on
determining harm resulting from crime, what
needs to be done to repair the harm, and who is
responsible for repairing the harm
 RESTORATIVE VS
RETRIBUTIVE JUSTICE
Retributive is an approach focused on determining
what law was broken, who broke it, and how they
should be punished.
 RESTORATIVE VS
RETRIBUTIVE JUSTICE
Restorative view crime as an act against another
person and the community and the control lies in the
community where the community facilitates the
restorative process.
 RESTORATIVE VS
RETRIBUTIVE JUSTICE
Retributive view crime as an act against the State and
a violation of law. The control lies in the justice system
and the community becomes a sideline, represented by
the State.
 RESTORATIVE VS
RETRIBUTIVE JUSTICE
Restorative justice views crime as an accountability by
both individual and the society and punishment is
not an eff ective means of changing behavior because
it disrupts community harmony and good relationship
 RESTORATIVE VS
RETRIBUTIVE JUSTICE
Retributive justice views crime as an individual
act and individual responsibility and the
offender should be punished in order to deter
crime and change behavior.
 GOAL OF
RESTORATIVE JUSTICE
The goal is for them to share their experience of what
happened, to discuss who was harmed by the crime
and how, and to create a consensus for what the
offender can do to repair the harm from the offense.
 GOAL OF
RESTORATIVE JUSTICE
It include a payment of money given from the
offender to the victim, apologies and other amends,
and other actions to compensate those affected and
to prevent the offender from causing future harm.
 TRANSFORMATIVE
JUSTICE

A general philosophical strategy for responding to

conflicts. It takes the principles and practices of
restorative justice beyond the criminal justice.
 TRANSFORMATIVE
JUSTICE

A general philosophical strategy for responding to

conflicts. It takes the principles and practices of
restorative justice beyond the criminal justice.
 TRANSFORMATIVE
JUSTICE
Concerned with root causes and comprehensive
outcomes.
It is akin to healing justice more than other
alternatives to imprisonment
 RESTORATIVE JUSTICE

The analogy is that Restorative Justice are at par with

the concept of alternative dispute resolution and
amicable settlement.
 RESTORATIVE JUSTICE
In this premise, the dispute resolution system under R.A. 9285
"Alternative Dispute Resolution Act" provides the same perspective - the
opportunity of providing freedom of the parties to decide at their own
expense while resolving the dispute. In addition, the use of ADR is an
effi cient tool and an alternative procedure for the resolution of
appropriate cases while enlisting the active private sector participation in
the settlement of disputes
A conflict is a struggle between
people. The struggle may be
physical, or between conflicting
ideas.

THE CONCEPT OF CONFLICT

The word comes from Latin
"conflingere" means to come together
for a battle. Conflicts can either be within
one person, or they can involve several
people or groups.

THE CONCEPT OF CONFLICT

Conflict is a natural
disagreement arising between
two or more people. It exists when
they have incompatible goals and
one or more believe that the
behavior of the other prevents
them from their own goal
achievement.

THE CONCEPT OF CONFLICT

A dispute is a short-term disagreement
that can result in the disputants reaching
some sort of resolution; it involves issues
that are negotiable. Conflict, in contrast, is
long-term with deeply rooted issues that
are seen as “non-negotiable”

DISPUTE VS. CONFLICT

• This theory holds that crime is base on
the conflict between competing
interest groups; for example rich
against poor, management against labor,
whites against minorities, men against
women, adults against children, etc.

SOCIAL CONFLICT THEORY

• A theory associated with the
theories of Karl Marx, in which
different groups in society compete
over limited resources.

SOCIAL CONFLICT THEORY

 • This theory was introduced by Thorsten Sellin.
• He emphasized that the multiplicity of conflicting
culture is the principal source of social
disorganization. The high crime and delinquency
rates of certain ethnic or racial group is explained
by exposure to diverse and incongruent standards
and codes of larger society.

CONFLICT OF CULTURE THEORY

 The high rate of population mobility aggravates the
cultural diversity and exposure of children to varied
cultures; the more complex the culture the greater is
the chance that norms of various groups would
conflict.

CONFLICT OF CULTURE THEORY

An approach that recognizes
women's political, social, and
economic equality to men.

FEMINIST THEORY
An approach that recognizes
women's political, social, and
economic equality to men.

FEMINIST THEORY
 A way of thinking that dismantles
traditional assumptions about gender
and sexual identities. The goal of this
theory is to challenge the traditional
academic approaches and fight against
social inequality.

QUEER THEORY
CONFLICT RESOLUTION is conceptualized as
the methods and processes involved in
facilitating the peaceful ending of conflict and
retribution.
The term conflict resolution may also be used
interchangeably with dispute resolution, where
arbitration and litigation processes are
critically involved.

CONCEPT OF CONFLICT
 1. AVOIDING
The concept of conflict resolution can be
thought to encompass the use of
nonviolent resistance measures by
conflicted parties to promote effective
resolution

CONFLICT RESOLUTION
 2. ACCOMODATING
Using the strategy of "accommodating" to
resolve conflict essentially involves taking
steps to satisfy the other party's concerns or
demands at the expense of your own needs or
desires.

CONFLICT RESOLUTION
 3. COMPROMISING
The strategy of "compromising" involves
finding an acceptable resolution that will
partly, but not entirely, satisfy the
concerns of all parties involved.

CONFLICT RESOLUTION
 4. COMPETING
Someone who uses the conflict
resolution strategy of "competing" tries
to satisfy their own desires at the
expense of the other parties involved.

CONFLICT RESOLUTION
 5. COLLABORATING
Using "collaborating" involves finding a
solution that entirely satisfies the
concerns of all involved parties.

CONFLICT RESOLUTION
 5. COLLABORATING
The Thomas-Kilmann model identifies two dimensions
people fall into when choosing a conflict resolution
strategy: assertiveness and cooperativeness.
Assertiveness involves taking action to satisfy your
own needs, while cooperativeness involves taking
action to satisfy the other's needs.

CONFLICT RESOLUTION
 5. COLLABORATING
The Thomas-Kilmann model identifies two dimensions
people fall into when choosing a conflict resolution
strategy: assertiveness and cooperativeness.
Assertiveness involves taking action to satisfy your
own needs, while cooperativeness involves taking
action to satisfy the other's needs.

CONFLICT RESOLUTION
Each of the conflict resolution strategies above
involves different degrees of
assertiveness and cooperativeness. For
example, while “accommodating” includes a
high degree of cooperativeness and a low
degree of assertiveness, competing consists of
a low degree of cooperativeness and a high
degree of assertiveness.

CONFLICT RESOLUTION
APPROACH – AVOIDANCE CONFLICT
occurs when an individual moves closer to a
seemingly desirable object, only to have the
potentially negative consequences of
contacting that object push back against the
closing behavior.

FORMS OF CONFLICT
 APPROACH – APPROACH CONFLICT
This is a conflict resulting from the necessity of
choosing between two desirable alternatives.
There are usually two desirable things wanted,
but only one option can be chosen.

FORMS OF CONFLICT
AVOIDANCE – AVOIDANCE CONFLICT
This form of conflict involves two undesirable
or unattractive alternatives where a person
must decide of choosing one of the
undesirable things

FORMS OF CONFLICT
DISPUTE RESOLUTION
SYSTEM AND AMICABLE
SETTLEMENT
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
• To promote party autonomy in the resolution
of disputes or the freedom of the parties
to make them own arrangements to
resolve their disputes.
• To encourage and actively promote the use
of Alternative Dispute Resolution ("ADR") as
an important means to achieve speedy and
impartial justice and to declog court
PURPOSES
dockets OF ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
• To provide means for the use of ADR
as an efficient tool and an
alternative procedure for the
resolution of appropriate cases.
• To enlist active private sector
participation in the settlement of
disputes through ADR.
PURPOSES OF ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
• To provide means for the use of ADR
as an efficient tool and an
alternative procedure for the
resolution of appropriate cases.
• To enlist active private sector
participation in the settlement of
disputes through ADR.
PURPOSES OF ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

REPUBLIC ACT NO. 9285

• Also known as the

“ALTERNATIVE DISPUTE
RESOLUTION ACT NO
2004”.
PURPOSES OF ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

EXCEPTION TO THE APPLICATION OF

ADR
• Labor disputes covered by Presidential
Decree No. 442, otherwise known as
the “Labor Code of the Philippines, as
amended”, and its Implementing
Rules and Regulations.
• The civil status of persons;
• The validity of marriage
•PURPOSES
Any ground for OF ALTERNATIVE
legal separation; DISPUTE
• The jurisdiction of courts
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

EXCEPTION TO THE APPLICATION OF

ADR
• Future legitime
• Criminal liability
• Those disputes which by law cannot
be compromised
• Disputes referred to court – annexed
mediation.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

ADR PROVIDER
The institutions or persons
accredited as mediators, conciliators,
arbitrators, neutral evaluators or any
person exercising similar functions in
any Alternative Dispute Resolution
system.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

ALTERNATIVE DISPUTE RESOLUTION

SYSTEM
Any process or procedure 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, as defined in the
ADR Act, in which a neutral third person
participates to assist in the resolution of
PURPOSES
issues, includingOFarbitration,
ALTERNATIVE DISPUTE
mediation,
conciliation, early neutral evaluation,
RESOLUTION ACT OF 2004
mini-trial or any combination thereof
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

ARBITRATION

A voluntary dispute resolution

process in which one or more
arbitrators, appointed in accordance
with the agreement of the parties or
these Rules, resolve a dispute by
rendering an award.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

AUTHENTICATE

means to sign, execute, adopt a

symbol or encrypt a record in whole
or in part, intended to identify the
authenticating party and to adopt,
accept or establish the authenticity of a
record or term.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

AWARD

Any partial or final decision by

an arbitrator in resolving the issue
or controversy

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

AWARD

Any partial or final decision by

an arbitrator in resolving the issue
or controversy

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

CONFIDENTIAL INFORMATION

Any information, relative to the subject

of mediation or arbitration, expressly
intended by the source not to be
disclosed, or obtained under
circumstances that would create a
reasonable expectation on behalf of the
source that the information shall not be
PURPOSES OF ALTERNATIVE DISPUTE
disclosed.
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

ROSTER

• a list of persons qualified to

provide ADR services as neutrals or
to serve as arbitrators.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

MEDIATION

• A voluntary process in which a

mediator, selected by the
disputing parties, facilitates
communication and negotiation, and
assists the parties in reaching a
voluntary agreement regarding a
dispute.
PURPOSES OF ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

NON – PARTY PARTICIPANT

• A person, other than a party or

mediator, who participates in a
mediation proceeding as a witness,
resource person or expert.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

COURT ANNEXED MEDIATION

• A voluntary process conducted under

the auspices of the court by referring
the parties to the Philippine
Mediation Center (PMC) Unit for the
settlement of their dispute, assisted
by a Mediator accredited by the
Supreme Court.
PURPOSES OF ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

ADHOC MEDIATION

• Means any mediation other than

institutional or court- annexed

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

COURT – REFERRED MEDIATION

• A mediation ordered by a court to be

conducted in accordance with the
agreement of the parties when an
action is prematurely commenced in
violation of such agreement.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

MED – ARB

• A step dispute resolution process

involving both mediation and
arbitration;

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

MINI – TRIAL

• A structured dispute resolution

method in which the merits of a case
are argued before a panel comprising
of senior decision-makers, with or
without the presence of a neutral
third person, before which the parties
seek a negotiated settlement 15
PURPOSES OF ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

OFFICE FOR ALTERNATIVE DISPUTE

RESOLUTION (OADR)
• There is hereby established the OADR
as an agency attached to the
Department of Justice.
• It shall have a Secretariat and shall
be headed by an Executive Director,
who shall be appointed by the
President of the Philippines, taking
into consideration the
PURPOSES OF ALTERNATIVE DISPUTE
recommendation of the Secretary of
Justice. RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

POWERS OF THE OADR

• To act as appointing authority of
mediators and arbitrators when the
parties agree in writing that it shall be
empowered to do so.
• To conduct seminars, symposia,
conferences and other public fora and
publish proceedings of said activities
and relevant materials/information
PURPOSES OF ALTERNATIVE
that would promote, develop and DISPUTE
RESOLUTION
expand the use of ADRACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

POWERS OF THE OADR

• To establish an ADR library or
resource center where ADR laws,
rules and regulations, jurisprudence,
books, articles and other information
about ADR in the Philippines and
elsewhere may be stored and
accessed.
PURPOSES OF ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

POWERS OF THE OADR

• To establish a training programs
for ADR providers/practitioners,
both in the public and private sectors;
and to undertake periodic and
continuing training programs for
arbitration and mediation and charge
fees on participants. It may do so in
conjunction with or in cooperation
PURPOSES
with the IBP, OF ALTERNATIVE
private ADR DISPUTE
RESOLUTION
organizations, ACT
and local and OF 2004
foreign
government offices and agencies and
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

POWERS OF THE OADR

• To certify those who have successfully
completed the regular professional
training programs provided by the
OADR;
• To charge fees for services rendered
such as, among others, for training
and certifications of ADR providers
• To accept donations, grants and other
PURPOSES OF local
assistance from ALTERNATIVE
and foreign DISPUTE
RESOLUTION
sources; and ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

POWERS OF THE OADR

• To exercise such other powers as may
be necessary and proper to carry into
effect the provisions of the ADR Act

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

SELECTION OF A MEDIATOR
• The parties have the freedom to
select their mediator.
• The parties may request the OADR to
provide them with a list or roster or
the resumés of its certified mediators.
The OADR may be requested to
inform the mediator of his/her
selection
PURPOSES OF ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

REFUSAL OR WITHDRAWAL OF
MEDIATOR
• If any of the parties so requests the
mediator to withdraw.
• The mediator does not have the
qualifications, training and experience
to enable him/her to meet the
reasonable expectations of the
parties
• PURPOSES OF ALTERNATIVE
Where the mediator’s DISPUTE
impartiality is in
question
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

REFUSAL OR WITHDRAWAL OF
MEDIATOR
• If continuation of the process would
violate any ethical standards.
• If the safety of any of the parties
would be jeopardized
• If the mediator is unable to provide
effective services
• In case of conflict of interest.
PURPOSES OF ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

REFUSAL OR WITHDRAWAL OF
MEDIATOR
• In any of the following instances, if the
mediator is satisfied that

a. one or more of the parties is/are not

acting in good faith;
b. the parties’ agreement would be
illegal or involve the commission of a
crime;
PURPOSES OF ALTERNATIVE
c. continuing the dispute resolution
DISPUTE
would RESOLUTION ACT OF 2004
give rise to an appearance of
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

REFUSAL OR WITHDRAWAL OF
MEDIATOR
c. continuing with the process would
cause significant harm to a non-
participating person or to the public;
or
d. continuing discussions would not be
in the best interest of the parties,
their minor children or the dispute
PURPOSES OF ALTERNATIVE DISPUTE
resolution process.
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

DESIGNATION OF COUNSEL OR ANY

PERSON TO ASSIST MEDIATION
A party may designate a lawyer or any
other person to aid in the mediation. A
waiver of this right shall be made in
writing by the party waiving it. A waiver
of participation or legal representation
may be rescinded at any time. 24

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

ROLE OF THE COUNSEL

• The lawyer shall view his/her role in

mediation as a collaborator with the
other lawyer in working together
toward the common goal of helping
their clients resolve their differences
to their mutual advantage.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

ROLE OF THE COUNSEL

• The lawyer shall encourage and assist
his/her client to actively participate in
positive discussions and cooperate in
crafting an agreement to resolve their
dispute.
• The lawyer must assist his/her client
to comprehend and appreciate the
mediation process and its
PURPOSES
benefits, as OFwellALTERNATIVE
as the client’s DISPUTE
greater personal responsibility for the
RESOLUTION ACT OF 2004
success of mediation in resolving the
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

CONDUCT OF MEDIATION
A. The mediator shall not make
untruthful or exaggerated claims
about the dispute resolution process,
its costs and benefits, its outcome or
the mediator’s qualifications and
abilities during the entire mediation
process.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

CONDUCT OF MEDIATION

B. The mediator shall help the parties

reach a satisfactory resolution of
their dispute but has no authority to
impose a settlement on the parties.
C. The parties shall personally appear for
mediation and may be assisted by a
lawyer. A party may be represented
by an agent who must have full
PURPOSES OF ALTERNATIVE
authority to negotiate DISPUTE
and settle the
RESOLUTION ACT OF 2004
dispute.
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

CONDUCT OF MEDIATION

D. The mediation proceeding shall be

held in private. Persons, other than
the parties, their representatives and
the mediator, may attend only with
the consent of all the parties.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

PROCESS OF MEDIATION

1. Opening statement of the mediator;

2. Individual narration by the parties
3. Exchange by the parties
4. Summary of issues
5. Generation and evaluation of options
6. Closure.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

THE MEDIATION SHALL BE CLOSED

1. By the execution of a settlement

agreement by the parties.
2. By the withdrawal of any party from
mediation.
3. By the written declaration of the
mediator that any further effort at
mediation would not be helpful. 28

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

PLACE OF MEDIATION

The parties are free to agree on the place

of mediation. Failing such agreement, the
place of mediation shall be any place
convenient and appropriate to all parties.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

ARBITRATION AGREEMENT

An agreement by the parties to submit to

arbitration all or certain disputes which
have arisen, or which may arise between
them in respect of a defined legal
relationship, whether contractual or not.
An arbitration agreement may be in the
form of an arbitration clause in a
contract or in the form of a separate
PURPOSES agreement
OF ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

ARBITRAL TRIBUNAL

means a sole arbitrator or a panel

of arbitrators.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

COMMERICAL ARBITRATION
It covers matters arising from all relationships
of a commercial nature, whether contractual or
not. Relationships of a commercial nature
include, but are not limited to, the following
commercial transactions: any trade transaction
for the supply or exchange of goods or services;
distribution agreements; construction of works;
commercial representation or agency; factoring;
leasing; consulting; engineering; licensing;
investment; financing; banking; insurance; joint
PURPOSES OF forms
venture and other ALTERNATIVE
of industrial orDISPUTE
RESOLUTION
business ACTofOF
cooperation; carriage goods2004
or
passengers by air, sea, rail or road.
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

INSTITUTIONAL ARBITRATION
arbitration administered by an entity,
which is registered as a domestic
corporation with the Securities and
Exchange Commission (SEC)’ and
engaged in, among others, arbitration of
disputes in the Philippines on a regular
and permanent basis.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

COMPOSITION OF ARBITRAL TRIBUNAL

The parties are free to determine

the number of arbitrators. Failing
such determination, the number of
arbitrators shall be three (3).

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

APPOINTMENT OF ARBITRATOR

A person appointed as an arbitrator

must be of legal age, have full civil
rights and must know how to read
and write.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

APPOINTMENT OF ARBITRATOR
The person appointed as an arbitrator
must not be following:
A. Be related by blood or marriage up to
the six degree to either party to the
arbitration agreement.
B. Have or have had any financial or
other interest in the dispute.
C. Have any personal bias that might
prejudice theOF
PURPOSES right of any party to DISPUTE
ALTERNATIVE a
fair and impartial award
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

APPOINTMENT OF ARBITRATOR
TAKE NOTE!

No person shall be precluded by reason

of his nationality from acting as an
arbitrator under otherwise agreed by the
parties.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

Failing such agreement:

 in an arbitration with three (3) arbitrators, each
party shall appoint one arbitrator, and the two (2)
arbitrators thus appointed shall appoint the third
arbitrator; if a party fails to appoint the arbitrator
within thirty (30) days of receipt of a request to do
so from the other party, or if the two (2) arbitrators
fail to agree on the third arbitrator within thirty (30)
days of their appointment, the appointment shall be
made, upon request of a party, by the appointing
authority;
 in an arbitration with a sole arbitrator, if the
parties are unable to agree on the arbitrator, he/she
PURPOSES
shall be appointed, OF
appointing authority.
ALTERNATIVE
upon request of a party, byDISPUTE
the

RESOLUTION ACT OF 2004

CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

DOES THE LAW CONTAIN DEFAULT PROVISIONS

RELATING TO THE APPOINTMENT OR REMOVAL OF
ARBITRATORS
The court must act as the appointing
authority to appoint arbitrators in the
following instances

A. Where any of the parties in an

institutional arbitration fail or refuse
to appoint an arbitrator
PURPOSES
B. Fail to reachOF ALTERNATIVE
an agreement on the DISPUTE
sole
arbitrator
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

DOES THE LAW CONTAIN DEFAULT PROVISIONS

RELATING TO THE APPOINTMENT OR REMOVAL OF
ARBITRATORS

C. When the two designated arbitrators

fail to reach an agreement on the third or
presiding arbitrator and the institution
under whose rules arbitration is to be
conducted fails or unable to perform its
duties as appointing authority within a
reasonable time from then receipt of the
PURPOSES requestOF
for ALTERNATIVE
appointment. DISPUTE
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

PLACE OF ARBITRATION

The parties are free to agree on

the place of arbitration. Failing such
agreement, the place of arbitration
shall be in Metro Manila unless the
arbitral tribunal, having regard to the
circumstances of the case, including the
convenience of the parties, shall decide
on a different place of arbitration.
PURPOSES OF ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

DECISION MAKING BY PANEL OF

ARBITRATORS
In arbitral proceedings with more than
one arbitrator, any decision of the
arbitral tribunal shall be made, unless
otherwise agreed by the parties, by a
majority of all its members. However,
questions of procedure may be decided
by a presiding arbitrator, if so
authorized by the parties or all members
PURPOSES OF ALTERNATIVE
of the arbitral tribunal.
DISPUTE
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

SETTLEMENT

If, during arbitral proceedings,

the parties settle the dispute, the
arbitral tribunal shall terminate the
proceedings and, if requested by
the parties and not objected to by
the arbitral tribunal, record the
settlement in the form of an
arbitral award on agreed terms.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

SETTLEMENT

An award on agreed terms shall

be made in accordance with the
provisions of Form and Contents of
Award and shall state that it is an
award. Such an award has the same
status and effect as any other award
on the merits of the case.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

FORMS AND CONTENT OF AWARD

• The award shall be made in

writing and shall be signed by
the arbitrator or arbitrators. In
arbitral proceedings with more
than one arbitrator, the
signatures of most of all
members of the arbitral tribunal
shall suffice, provided that the
reason for any omitted signature
PURPOSES
is stated. OF ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

FORMS AND CONTENT OF AWARD

• The award shall state the reasons

upon which it is based, unless
the parties have agreed that no
reasons are to be given or the
award is an award on agreed
terms under the provisions of
Place of Arbitration.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

FORMS AND CONTENT OF AWARD

• The award shall state its date

and the place of arbitration. The
award shall be deemed to have
been made at that place.
• After the award is made, a copy
signed by the arbitrators shall be
delivered to each party.

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

TERMINATION OF THE PROCEEDINGS

• The arbitral proceedings are
terminated by the final award or by
an order of the arbitral tribunal. The
arbitral tribunal shall issue an order
for the termination of the arbitral
proceedings when:

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

TERMINATION OF THE PROCEEDINGS

• The claimant withdraws his/her/its
claim, unless the respondent
objects thereto and the arbitral
tribunal recognized a legitimate
interest on his/ her/its part in
obtaining a final settlement of the
dispute;
• The parties agree on the
termination of the proceedings;
• PURPOSES OF ALTERNATIVE
The arbitral tribunal finds that the DISPUTE
continuation of the proceedings
RESOLUTION ACT OF has
2004
for any other reason become
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

CORRECTION AND INTERPRETATION OF

AWARD, ADDITIONAL AWARD
• Within thirty (30) days from receipt
of the award, unless another period
has been agreed upon by the
parties:

A. A party may, with notice to the

other party, request the arbitral
tribunal to correct in the award any
PURPOSES OF ALTERNATIVE
errors in computation, any clerical DISPUTE
or typographical
RESOLUTION errorsACT
or any
OF 2004
errors of similar nature;
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

CORRECTION AND INTERPRETATION OF

AWARD, ADDITIONAL AWARD
B. A party may, with notice to the
other party, request the arbitral
tribunal to correct in the award any
errors in computation, any clerical
or typographical errors or any
errors of similar nature;

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004
CRIMINOLOGY 6: DISPUTE RESOLUTION & CRISIS/INCIDENT
MANAGEMENT
PROF. JOHN RAY D. QUIZON, RCRIM, MSCJ, PMDIP – AC
Co – Author, PPDOC Security System
Assistant Professor II, Dr. Carlos S. Lanting College

CORRECTION AND INTERPRETATION OF

AWARD, ADDITIONAL AWARD
If the arbitral tribunal considers the
request to be justified, it shall make
the correction or give the
interpretation within thirty (30) days
from receipt

PURPOSES OF ALTERNATIVE DISPUTE

RESOLUTION ACT OF 2004