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    Adr Assignment

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    Amor Ladera-Orchidaceae
    ADR or alternative dispute resolution refers to mechanisms outside of full court proceedings for resolving disputes. It includes negotiation, mediation, conciliation, and arbitration. Negotiation involves direct discussions between parties without a third party, while mediation and conciliation use a third party to facilitate settlement but not decide the outcome. Arbitration uses a third party to decide the resolution. Processes can be binding, requiring the parties to accept the outcome, or non-binding, allowing the parties to reject it. They can also be mandatory, requiring use before court, or voluntary.

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    Adr Assignment

    Uploaded by

    Amor Ladera-Orchidaceae
    230 views2 pages
    ADR or alternative dispute resolution refers to mechanisms outside of full court proceedings for resolving disputes. It includes negotiation, mediation, conciliation, and arbitration. Negotiation involves direct discussions between parties without a third party, while mediation and conciliation use a third party to facilitate settlement but not decide the outcome. Arbitration uses a third party to decide the resolution. Processes can be binding, requiring the parties to accept the outcome, or non-binding, allowing the parties to reject it. They can also be mandatory, requiring use before court, or voluntary.

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    ADR Definition

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    ADR or alternative dispute resolution refers to mechanisms outside of full court proceedings for resolving disputes. It includes negotiation, mediation, conciliation, and arbitration. Negotiation involves direct discussions between parties without a third party, while mediation and conciliation use a third party to facilitate settlement but not decide the outcome. Arbitration uses a third party to decide the resolution. Processes can be binding, requiring the parties to accept the outcome, or non-binding, allowing the parties to reject it. They can also be mandatory, requiring use before court, or voluntary.

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    Download as PDF, TXT or read online from Scribd
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    230 views2 pages

    Adr Assignment

    Uploaded by

    Amor Ladera-Orchidaceae
    ADR or alternative dispute resolution refers to mechanisms outside of full court proceedings for resolving disputes. It includes negotiation, mediation, conciliation, and arbitration. Negotiation involves direct discussions between parties without a third party, while mediation and conciliation use a third party to facilitate settlement but not decide the outcome. Arbitration uses a third party to decide the resolution. Processes can be binding, requiring the parties to accept the outcome, or non-binding, allowing the parties to reject it. They can also be mandatory, requiring use before court, or voluntary.

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    1. What is ADR?

    “ADR” or Alternative Dispute Resolution is a term used to describe a wide variety of


    dispute resolution mechanism that are in a way, may be considered as an alternative to full-
    scale court processes. It may be categorized into these systems; Negotiation, Conciliation/
    mediation or Arbitration systems. Negotiation systems create a structure to encourage and
    facilitate direct negotiation between parties to a dispute without the intervention of a third party.
    While Conciliation/mediation systems interject a third party between disputants to simply
    facilitate communication or help direct or structure a settlement, but this third party do not have
    the authority to decide or rule on a settlement. Lastly, Arbitration systems authorize a third party
    to decide how a dispute should be resolved.

    2. Distinguish between a binding process and a non-binding process.

    Negotiation, mediation and conciliation programs are non- binding which means that it
    will depend on the willingness of the parties to reach a voluntary agreement. While Arbitration
    programs may either be binding or non-binding. Binding arbitration produces a third party
    decision that the disputants must follow even if they disagree with the result, but in non - binding
    arbitration the third party decision my be rejected by the parties/disputants.

    3. Distinguish between mandatory process and voluntary process.

    Mandatory process of ADR means that litigants are required to negotiate, conciliate,
    mediate or arbitrate prior to court action. This mandatory process of ADR is true in some judicial
    systems and in some contractual agreement between parties. While voluntary process of ADR
    means that the submission to an ADR depends entirely on the will of the parties.

    PAGE 14 ANSWERS

    1. What are the two ways of describing ADR processes?

    ADR processes may be described in two fundamental ways, namely Basic ADR
    processes and Hybrid ADR processes. Basic ADR processes are the tradition way, which
    include negotiation, conciliation, mediation and arbitration. While Hybrid ADR processes are
    specific elements of basic processes that have been combined to create a wide variety of ADR
    methods. It also incorporate features found in court-based adjudication.

    2. Explain each basic ADR Process.

    a. Negotiation - is the most common form of dispute resolution wherein the parties
    voluntarily seek a mutually acceptable agreement to resolve their common dispute. it allows
    disputants themselves to control the process and the solution.

    b. Conciliation - is the process in which a third party meets with the disputants separately
    in an effort to establish mutual understanding of the underlying causes of the dispute and
    thereby promote settlement in a friendly, antagonistic manner.
    c. Mediation - is a voluntary and formal process in which the disputing parties select a
    neutral third party to assist them in reaching a mutually - acceptable settlement. A mediator has
    no power to impose a solution on the disputants, unlike a judge or arbitrator. Instead, a mediator
    assists in shaping solutions to meet their interests.

    d. Arbitration - is an adjudicatory dispute resolution process in which one or more


    arbitrators issues a judgment on the merits, which may be binding or non-binding, after an
    expedited, adversarial hearing, in which each party has the opportunity to present proofs and
    arguments.

    3. Which of the basic ADR process are used in the Philippines? State your source.

    In the Philippines, there is no single rule for ADR mechanisms that exits. However
    specific ADR mechanisms have been incorporated in some provision of specific laws enacted
    by Congress, and these laws are mostly those laws that affect natural resources and
    environment. An example with be are those remedies available under the Clean Air Act or the
    Mining Act of 1995. Source: http://www.ide.go.jp/library/English/Publish/Download/Als/pdf/
    18.pdfa

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