DISPUTES and disagreements have been existing since time immemorial.
Misunderstandings, negligence, lack of communication, or simply opposing views can spawn emotional and heated debates, sometimes resulting in physical altercations.
When parties cannot find a complete “win-win” solution (both parties getting completely what they want), a “win-enough-win-enough” alternative may be the best course of action to take.
This “win-enough-win-enough” formula is the focus of the conference for Alternative Dispute Resolution held at Planta Hotel in Bacolod City on November 12.
Attended by business owners, lawyers, mediators, university educators, and civic organization leaders, the event aims to fully engage industry stakeholders to be more active in employing the more efficient and effective process of Alternative Dispute Resolution (ADR).
The event was organized by the Department of Justice’s (DOJ) Office of Alternative Dispute Resolution (OADR). The conference was just one of the starting points in a wide campaign to promote ADR on a national scale and reach the grassroots area for speedier, less costly options than going to court.
Resolutions and agreements can be reached through arbitration and mediation which are the major thrusts of ADR.
In differentiating these two processes, Republic Act 9285 of 2004, an act to institutionalize the use of an Alternative Dispute Resolution System in the Philippines and to establish the office for alternative dispute resolution, and for other purposes, has these definitions:
1. Arbitration – means a voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the agreement of the parties, or rules promulgated pursuant to this Act, resolve a dispute by rendering an award.
2. Mediation – means 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.
As arbitration is more investigative in nature and focused on past events to reach the most justifiable award for the deserving party or parties, mediation is more interested in the future outcomes in reaching agreements. However, both are meant to prevent further losses in time, income, and relationships.
Public Information and Promotion Division director Albert Ignatius Abragan II and Training Division deputy director Jerome Coronel spoke extensively of the purposes and mandate of OADR, the ADR mechanisms, commercial arbitration and commercial mediation, and ADR accreditation guidelines.
The speakers also stated that even before disagreements and disputes can begin, a dispute resolution board may even be set up by an organization to handle possible areas of weaknesses.
Members of the board can then give immediate attention and accountability to the issues before they go out of hand. By establishing this preventive measure, organizations and business can save themselves significant amounts of time, money, and headaches.
Although there are exceptions to the application of the ADR Act (see Sec. 2, R.A. No. 9285), in its essence, alternative dispute resolution is something that most of humanity has been employing for centuries before courts even appeared. It is simply the means of resolving disputes peacefully and allow more people access to justice.
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To know more about Alternative Dispute Resolution, you may contact the Office of the Alternative Dispute Resolution (OADR) through (+632)5238481 to 89 local 398 (+632)5248939, or visit their website at http://oadr.gov.ph.
For local mediation inquiries, you may visit the Philippine Mediation Center on the second floor of the Hall of Justice.