CHAPTER 7: OTHER FORMS OF ADR

1. Early neutral evaluation

2. Neutral evaluation
3. Mini-trial
4. Mediation-arbitration
5. Combination
6. And any other ADR form

Provisions of IRR on foregoing forms apply only in the absence of an agreement between parties or the
insufficiency thereof.
IRR made specific provisions on arbitration and mediation suppletorily applicable to other form.
If more akin to MEDIATION If more akin to ARBITRATION
IRR on mediation shall have suppletory application to IRR on Arbitration shall have suppletory application
extent not in conflict with agreement of parties or to extent that not in conflict with agreement of
specific provisions of chosen ADR form. parties or specific provisions of chosen ADR form

If neural 3rd person will merely assist in reaching If neural 3rd person will have the power to make a
voluntary agreement binding resolution on dispute

Neutral evaluation Early neutral evaluation

ADR process wherein parties and their lawyers are Availed of early in the pre-trial phase
brought together to present summaries of their
cases and to receive a non-binding assessment by an
experienced neutral person, with expertise in the
subject matter or substance of the dispute

Conduct of neutral or early neutral evaluation

1. Agreement of parties
2. Provisions of IRR on neutral or early neutral evaluation
3. Essentially, neutral and early neutral evaluation are akin to mediation. Hence, in the absence of an
agreement between parties and of specific provisions of law, rules on MEDIATION suppletorily
4. However, parties may empower neutral 3rd person to render a binding assessment, thus become akin
to DOMESTIC ARBITRATION

Qualification of 3rd person

1. If parties cannot or fail to agree on qualification of 3rd person, manner of selection or appointing
authority thereof or if parties are unable to make selection despite agreement, default AA may
appoint
2. Default AA is same as ICANational President of IBP or his representative

Neutral evaluation
1. Parties submit and exchange position papers containing issues and statements
2. There shall be no ex parte communication between 3rd party and any party of dispute
3. Confidentiality of proceedings, communications and assessment shall also be maintained
4. Neutral 3rd person shall issue a written evaluation or assessment after 30 days
a. GR: Not binding
 b. However, neutral 3rd person is required to set forth how he would have ruled had the matter
been subject to a binding process

MINI TRIAL: structured dispute resolution method in which the merits of the case are argued before a panel
composed of senior decision-makers, with or without the presence of a neutral 3 rd person before which the
parties seek a negotiated settlement.
1. Agreement of parties
2. Provisions of IRR in mini-trial
3. Essentially akin to MEDIATION. Hence, CHAPTER 3 of IRR on MEDIATION is suppletorily applicable
4. Unless panel of decision makers or neutral 3rd person is given by parties the authority to render a
binding decision DOMESTIC ARBITRATION

May be conducted either as:

1. Separate dispute resolution process
2. Continuation of mediation, neutral or early neutral evaluation or any other ADR processes
In either case, proceedings may be conducted with or without presence of neutral 3 rd party.
If one is chosen, he shall preside over mini-trial.

Panel of senior executives/decision-makers

1. Appointed by parties
a. They may choose one or more for each party provided that parties shall appoint an equal
number

Proceeding
1. Parties shall submit a brief summary of dispute, specific factual or legal issues
2. They shall appear before mini-trial panel members before whom their lawyers shall present their
respective cases starting with the claimant
3. Lawyers or representatives may offer rebuttal or surrebuttal arguments
4. Presentation-in-chief shall be made without interruption for 1 hour
5. Rebuttal or sur-rebuttal shall be for 30 minutes, unless different period agreed upon
6. Panel members may ask clarificatory questions after each presentation, rebuttal or sur-rebuttal
7. After mini-trial, panel members shall negotiate a settlement of the dispute

MEDIATION-ARBITRATION (MED-ARB): 2-step dispute resolution process involving mediation and then
followed by arbitration

Proceedings
1. Agreement
2. Default
a. Rules of mediation
b. Followed by rules of domestic arbitration
3. GR: no arbitrator shall act as mediator and vice versa at the same time in any proceeding
a. EXCEPTION: parties have agreed in writing
b. Mediator is precluded from acting as arbitrator
c. Mediator is precluded from discussing with parties the merits of dispute
4. During arbitration stage, mediator who is authorized in writing to act as arbitrator shall make an
appropriate disclosure as if arbitration proceeding had just commenced
 5. He shall take appropriate oath or affirmation as an arbitrator

COMBINATION AND INNOMINATE FORMS OF ADR

1. Agreement of parties
2. Rules and procedure of MEDIATION are suppletory if combination or innominate ADR form is akin to
3. ARBITRATION suppletory if akin to

Parties are allowed to avail of any combination

May come up with their own forms or methods
Provided that they satisfy the requisites of ADR
a. Essential requisites of valid contract
b. Not contrary to laws, morals, public policy, public order and good customs