Macalipay Grethel Wink B. Section B Output 6 1.Early neutral evaluation is a process that may take place soon after a case has been filed in court. The case is referred to an expert, usually an attorney, who is asked to provide a balanced and unbiased evaluation of the dispute. The parties either submit written comments or meet in person with the expert. 2.A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a trial. The presentations are observed by a neutral advisor and by representatives (usually high-level business executives) from each side who have authority to settle the dispute.
Kenneth Rey Andilan Section C 6th Output A. Based on what is discussed, what is Early Neutral Evaluation? -Early Neutral Evaluation is an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of a dispute. B. Explain what is mini-trial? -Mini-Trial means 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.
Maricris Baron Section A 5th Output > The discussion of this video it talks about the other important notes in domestic arbitration which stated below, no arbitrators shall act as a mediator in any proceedings even if requested by the parties. Then the next is the oathtaking is requirement for the arbitrators, if the Arbitrators fail to do the oath he or she will replaced it, the next is the tribunal shall have the power to administer oath, the next is a decision of the court confirming, faulting, setting aside, modifying or correcting and arbitral award may be appealed to the court of appeals in accordance with special ADR rules, and Last, is the venue and jurisdiction proceedings for recognition and enforcement of an arbitration agreement or for vacation or setting aside of an arbitral award shall be filled with the court.
Jianne Quisil Section C 4rth output A. A domestic arbitation is More person are appointment to hear a case that takes place with one jurisdiction B. Yes because they have the same provision of controversy according to republic act 9285. C. The difference between subpoena duces tecum and subpoena and testificandum is that subpoena ducs tecum required a person to submit a particularly ducument while the subpoena adtestificandum is an order by the court.
BAGUIO, RITZ GERALD D. SECTION A 6th Output A. Based on what is discussed, what is Early Neutral Evaluation? Early Neutral Evaluation, is an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of a dispute it basically means it happens before trial or the trial is not yet starting. So the Early Neutral Evaluation has an expert specialized in a particular field related to the conflict or controversy. That individual will somehow shed a light, or give an advice and provide recommendations or assessment on a particular existing issue. So the purpose of early neutral evaluation is to somehow or minimize the overloading on the part of court pillar. B. Explain what is mini-trial? The Mini- trial means a structured dispute resolution method in which the merits of a case argue before a panel comprising of senior decision maker in mini trial no neutral third person it only a panel senior decision maker mini-trial shall be governed by the rules and procedure agreed upon by the parties. Mini-trial is a continuation if not enough to the mediation or early neutral controversy it is conduct by mini-trial.
Cris Anne Reso-or Section A 6th output A.Early Neutral Evaluation is an ADR process where in parties and their lawyers are brought together early in a pre-trial phase to represent the summaries of their cases and recieve a nonbinding assessment by an experienced, neutral person, with expertise in the subject in a substance in a dispute.In other words,when we say Early Neutral Evaluation we mean that it will happen before the trial.There will be an expert invited who specializes in an area specific to the conflict or controversy.This assessment will help the parties assess their case and possibly lead to a settlement. b.Mini Trial means a structured dispute resolution method in which the merits of a case argued before a panel comprising of a senior desicion-makers with or without the presence of a neutral term person, instead their is a panel of senior desicion-makers.Futhermore the legislation only allows for one-hour presentation without interruption and the rebuttal or sur-rebuttal is limited to 30 minutes.Following the mini-trial the members of the mini-trial jury will independently seek a resolution of the conflict.
Galapate Joemar G. Section B 4th output 1.) The Domestic Arbitration is a form of ADR where one or more person are appointed to hear a case that takes place within one jurisdiction. 2.) The commercial contracts will commonly include provision for how disputes contract will be solved. If the Arbitration agreement will generally be part of the recording documents of terms of commercial transaction. 3.) The Subpoena Duces Tecum it's all respects, it concludes with an injunction that the witness shall bring with him and examine the books the documents or things describe in subpoena.
Maricris Baron Section A 6th Output A. Based on what is discussed, what is Early Neutral Evaluation? > The early neutral evaluation it takes place before the trial. It shall govern by the rules and procedure agreed upon by the parties. For instance, there will be an expert specialize in a particular field related to the dispute of controversy will be invited to somehow shed light to the given issue. Hence, the purpose of this is to minimize workloads, or even overloading in the court of pillars. B. Explain what is mini-trial? > In mini-trial, there is no need to have a neutral. The third person to resolve an issue rather a panel comprising of senior decision makers will do. However, if incase both parties agree to find a third person except form the panel of senior’s decision makers will be allowed. Therefore, after the mini-trial, the panel of members shall negotiate the settlement of the dispute by themselves. This will help to lay down settlement in terms of agreement between two parties.
Beverly C. Vilos Section A Last Output Mediation Arbitration, or Med-Arb, is the topic of the discussion. It is a strategy or a form of alternative conflict resolution. The Med-Arb is a two step dispute resolution process involving mediation and then followed by any Arbitration.Mediation and arbitration are two distinct processes. Mediation is an arrangement between the two parties in which a third party can mediate the conflict. Although the Arbitration is an arrangement or the terms of an agreement, the Arbitration will carry it out. Under Republic Act No. 9285, there are two regulations concerning mediation or arbitration. First is, A mediation -Arbitration shall be governed by the rules and procedure agreed upon by the parties. Second is, no person shall having been engage and having acted as mediator of a dispute between the parties, following a failed mediation, act as arbritrator of the same dispute, unless the parties in a written agreement, expressly authorize the mediator to hear and decide the case as an arbritrator.
Banua,Therese D. Section C 6th Output A.What is early neutral evaluation ? -An ADR process wherein parties and their lawyers are brought together early in a pre trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced ,neutral person,with expertise in the subject in the subtance of a dispute. -The neutral third person may structure the evaluation process on any manner he/she deems appropriate. B.What is mini-trial? -A structured dispute resolution method in which the merits of a case are argued before the panel comprising of senior decision -makers with or without the presence of a neutral third person before which the parties seek a negotiated settlement. -A mini trial shall be governed by the rules and procedure agreed upon by the parties.
Liela Rose M. Diaz Section C 6TH Output A. Based on what is discussed, what is Early Neutral Evaluation? An early neutral evaluation process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of a dispute. Meaning this will take place before trial. So, there is an expert specialized in a particular field related to the dispute or controversy who will be invited. For example, if a particular dispute involves a traffic incident so the dispute is about the civil liability of who is responsible for paying the damaged property. So, that is the time that the traffic investigator or an expert in that particular field can interview or invite and shed light on that particular issue. Possibly the traffic investigator will have to provide his recommendations or assessment on a particular existing issue so we can somehow solve the problem with a talk like for example, First party you are at fault so basically the way I say it is based on evidences so you are responsible to pay for the damages because if the case will be brought to trial in the court it will need much money and it will be a hassle and at the same time expensive. In short, the purpose of an early neutral evaluation is to minimize workload on the part of the court pillar. This is governed by the rules and procedure agreed upon by the parties and if the parties are unable to select a neutral third person or appointing authority, then, either party may request the default appointing authority to make the same appointment. The neutral third person may structure the evaluation process in any manner he\she deems appropriate. In the course thereof, the neutral third person may identify areas of agreement, clarify the issue, define those that are contentious, and encourage the parties to agree on a definition of issues. The neutral third person shall issue a written evaluation or assessment within thirty days from the conclusions of the evaluation process. The opinion shall be non-binding and shall set forth how the neutral third person would have ruled had the matter been subject to a binding process. Also papers and written presentations shall be treated as confidential. B. Explain what is mini-trial? Mini- trial means a structured dispute resolution method in which the merits of a case are argued before a panel consisting of senior decision makers, with or without the presence of a neutral third person. Before which the parties seek a negotiated settlement. It consists only of a panel of senior decision makers. This is governed by the rules and procedure agreed upon by the parties. A mini-trial shall be conducted either as a separate dispute resolution or a continuation of mediation, neutral or early neutral evaluation or any other ADR process. So, even if there is a small conflict that needs to be settled we can still conduct a mini-trial. On the other hand, the parties may agree that a mini-trial be conducted with or without the presence and participation of a neutral third person. If a neutral third person is agreed upon and chosen, he\she shall preside over the mini-trial. The parties may agree to appoint one or more but equal in number per party senior executive\s, on its behalf, to sit as mini-trial panel members. In addition, in case the two parties will agree or will insist if there is a third person except from the panel of senior decision makers. The senior executive\is chosen to sit as mini-trial panel members must be duly authorized to negotiate and settle the dispute with the other party. At the date time and place agreed upon, the parties shall appear before the mini-trial panel members. The lawyer of each party and\or authorized representative shall present his\her case starting with the claimant followed by the respondent. Furthermore, unless the parties agree on a shorter or longer period, the presentation-in-chief shall be made, without interruption, for one hour. The rebuttal or sur-rebuttal shall be 30 minutes and at the end of each presentation, rebuttal or sur-rebuttal. The mini trial panel members may ask clarificatory questions from any of the presentations, after the mini-trial, the mini-trial panel members shall negotiate a settlement of the dispute by themselves. So, the panel members are the one who will lay down some possible settlements or terms of agreement of the two parties. So those are the provisions that regulate mini-trial.
Antonette Faye O. Toro Section A 6th Output A. Early neutral evaluation is an ADR process wherein parties and their lawyer are brought together in a pre-trial phrase to present summaries of their cases. Early neutral evaluation will take place before trial, there is an expert specialized in a particular field related to the dispute or controversy who will be invited in order to reccomend possible solution to the dispute. For example if a particular dispute involves traffic incident, and the conflict is about the possibly liabilities and expenses of the said accident, and there concerns is who will be the one to pay of the expenses for the damage on property, then this is the time that they allow a traffic investigator expert to come in to somehow help on the particular issue, to reccomend possible solution for the dispute. B. It is an continuation if ever there is unsettled or unfinish issues during the early neutral evaluation, mediation or even in an arbitration proceedings. In a mini trial there is no neutral third person, it only has panel of decision makers but if ever both parties insist that there should be a neutral third person then the neutral third person will be the one who will preside the mini trial.
Somoza Rutchell D. Section A 6th Output A. Is a process that may take place soon after a case has been filed in court. The expert identifies each sides strengths and weaknesses and provides an evaluation of the likely outcome of a trial. B. Is a private consensual process where the attorneys for each party make a brief presentations are observed by a neutral advisor and by representatives (usually high level business executives) from each side who authority to settle the dispute.
John Willie David j. Liraza section:D 1st output This is a summary of the class from 1:00 to 6 minutes. The successful resolution of a dispute by compromise, negotiation, or a just settlement. They assist parties that are involved in conflicts with other parties; the OADR will look after them and find a simple and successful solution to their problems. Meeting at least some of each side's demands in order to resolve a disagreement or conflict needs and addressing thier interest.
Herrera, Jerico Section A 1st output This topic is Dispute resolution and crisis management it is all about implementing The rules and regulations of Republic Act 9285, relating to the topic as we mention about OADR which means office of the alternative dispute resolution is the one who mandates the RA 9285 that need to establish, the purpose of the OADR is to somehow assist to make resolution of Conflict incidents more faster,more efficient and more effective. There are 4 divisions that have been mention on the video First is the secretariat, second Public information and promotion division, third is Training Division and the last one is Records and library Division. The OADR also consist the Advisory Council 1st is the mediation profession 2nd arbitration profession 3rd is ADR organization 4th is IBP and the last is Academe.
Galapate Joemar G. Section B 6th output 1.) The Early Neutral Evaluation this will takes place before trial wherein there is an expert specialized in a particular field related to the dispute or controversy who will be invited,in addition the parties and lawyer will going to present summaries of their cases. 2.) Mini Trial a structure dispute resulotion method in which the merits of a case are argued before a panel compromising in mini Trial there's no third person, only panel of senior decision-makers.
Ramirez, Roxanne R. SectionA 6th output Early neutral evaluation is a process that may take place soon after a case has been filed in court. A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a trial.
Beverly C. Vilos Section A 6th Output A. Based on the discussion Early Neutral Evaluation is an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to represent summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in a substance of a dispute. In other words, When we say Early Neutral Evaluation, we mean that it will happen before the trial. There will be an expert invited who specializes in an area specific to the conflict or controversy. This assessment will help the parties assess their case and possibly lead to a settlement. B. Mini- Trial means 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. In other words, there is no such thing as a neutral term person, instead, there is a panel of senior decision-makers. Furthermore, the legislation only allows for a one-hour presentation without interruption, and the rebuttal or sur-rebuttal is limited to 30 minutes. Following the mini trial, the members of the mini trial jury would independently seek a resolution of the conflict.
Cris Anne Reso-or Section A 5th output The important notes in domestic arbitration are the venue of the proceedings,the issuance of subpoena etc.The venue of the domestic arbitration can be conducted in an office space, business center, functions room or any other suitable place for Arbitration.Party may represent himself/herself/itself or it can be through a representative in such hearing.No arbitrator shall act as a mediator,an arbitrator must be sworn by any officer aunthorized by law to administer an oath and if he/she will refuse,he/she will be replaced.An Early Neutral Evaluation will take place before the trial.In Early Neutral Evaluation, there is an expert specialized in a particular field related to the dispute or controversy who will be invited.
Somoza Rutchell D. Section A 5th Output No arbitrator shall act as a mediator in any proceeding even if request by the parties, before assuming the duties of his or her office , an arbitrator must be sworn by any officer authorized by law to administer an oath. If the arbitrator shall refuse to take an oath or affirmation he/she shall be replaced. An ADR process wherein parties and their lawyers ar bought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assesment by an experienced.
Catalan Anthony J. Section C First output DISPUTE RESOLUTION AND CRISIS MANAGEMENT RULES AND REGULATIONS OF REPUBLIC ACT 9285. As we mentioned about the 'OADR' Office of the alternative dispute resolution is the one who mandates the RA 9285 that need to establish. The purpose of the OADR is to somehow assist to make the solution of conflict incident more faster more efficient and more effective. The following Divisions of the OADR is secretarial, public information and promotion division training division and record as library division. And the functions of the division of the OADR is the secretarial shall provide necessary support and discharge such other functions and duties as may be directed by the executive director. And the public information and promotion division is shall be change with the dissemination of information, the promotion of the importance and public acceptance of mediation, conciliation, arbitration. Or any combination thereof. And other ADR forms a means of achieving speedy and efficient means of resolving the all disputes. As we all know there's a differentiation of mediation, conciliation, and arbitration, Mediation the agreement is executed by the parties, Conciliation requires a third party by giving the solution too the dispute, and the arbitration is the agreement executed by the arbitrators. Ans the training division is the ADR service provider these are the institutions the person who ate qualified to mediate and to arbitrate to the dispute. The last division is record and library division shall be charge with the establishment and maintenance of a central repository of ADR laws.
Gravador, April Rose G. Section C 6th Output A. Is a process that may take place soon after a case has been filed in court. The expert identifies each sides strengths and weaknesses and provides an evaluation of the likely outcome of a trial. B. Is a private consensual process where the attorneys for each party make a brief presentations are observed by a neutral advisor and by representatives (usually high level business executives) from each side who authority to settle the dispute.
Ramirez,Nikki Section-A 6th output A. Based on what is discussed, An Early Neutral Evaluation is an ADR process wherein parties and their lawyers brought early in a pre-trial to present summaries of their cases. Early Neutral Evaluation means, it takes place before trial. B.Mini-trial is a structured dispute resolution method in which the merits of a case are argued before a panel comprising of Senior decision-makers. So Early Neutral Evaluation is different from Mini-trial because in Mini-trial there is no such that what we called Neutral Third person, but only Panel of Senior decision-makers.
Ryan G. Quillano Section B 6th Output A. Early Neutral evolution, an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. B. Mini- Trial, means a structured dispute resolution method in which the merits of a case are argued before a panel comprising senior decision makers with or without the presence of a neutral third person after which the parties seek a negotiated settlement.
Redil , Sharina A. Section A Output 6 Early Neutral Evaluation is a process that happens before the final were in the involved parties together with their lawyer will undergo a pre-trial phase. Early Neutral Evaluation takes place before start of trial. Mini-trial is a structured dispute resolution method in which the merits of a case argued before a panel comprising of senior decision- makers , with or without the presence of a neutral third person , before which the parties seek negotiated. Mini trial a panel of senior decision-makers are present unlike in Early Neutral Evaluation it involves a third person. But the exception for the mini trial according to its provisions a third person can participate on the mini trial only if the both parties are agree or insist having a third person, in that case the third person who one to preside in the mini trial.
CHRISTIAN M. PAPASIN Section B 6th Output A. What is Early Neutral Evaluation? ■Early Neutral Evaluation is an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of a dispute. So when we say Early neutral evaluation this will takes place before trial. So what will happened to early neutral evaluation? there is an expert specialized in a particular field related to the duspute or controversy who will be invited. For example if a particular dispute involves liked Traffic Incidents. B. Explain what is mini - trial? ■Mini-trial means a structured dispute resolution method in which the merits of a case are argued before a panel comprising of senior decision-makers, with or wothout the presence of a neutral third person, before which the parties seek a negotiated settlement. A Mini-trial shall be governed by the rules and procedure agreed upon by the parties. A Mini-trial also conducted either as a separate dispute resolution process, a continuation of mediation, neutral or early neutral evaluation or any other ADR process.
Maricris Baron Section A 3rd Output A. What is an award? > An award is a form of writing signed by the arbitrator or arbitrators given by the two parties who are agreed and has its closure. B. Enumerate the powers of the arbitral tribunal. > Require any person to attend a hearing as a witness. > Subpoena witnesses and documents. > Require the retirement of any witness during the testimony of any other witness. C. Enumerate the form and contents of the award. > The award shall be made in writing and shall be signed by the arbitrator or arbitrators. > The award shall state a reasons upon which it is based. > The award shall state its date and the place or arbitration. > After the award is made a copy signed by the arbitrators shall delivered to each party. D. Enumerate the grounds for the termination of the arbitration proceedings. > The claimant withdraws his/her its claim; > The parties agree the termination of the proceedings; > The arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
Berjamin Jayson B. Section B 5th output It is being discussed the important notes in domestic arbitration like the venue of the proceedings. Early trial evaluation is the same with domestic and international arbitration where both parties can select their own arbitrators. The purpose of early trial evaluation is for the both parties to come with a agreed solution so they don't need to bring their cases to the court.
Markee Lee C. Tubil Section C 6th output A. Early Neutral Evaluation refers to an evaluation made before a specific trial. In this stage , there is a presence of an experience, "neutral" person whose specialization is related to the subject in the substance of a dispute. For example, a nurse has been suspected of conducting a malpractice to her patient. Before proceeding to a trial in court there must be a conference first between the nurse, the victim , head nurse and the doctor (neutral persons) to check whether or not the nurse committed a malpractice act. B. A mini trial is the opposite of the early neutral evaluation wherein , the neutral person is no longer important in the situation. It means that the important contributing factor now is the senior decision-maker before which the party seeks to negotiate for proper settlement.
Abarial,Alliah Q. Section D 4th output 1. Domestic arbitration is a local arbitration proceedings. When one or more person are appointed to hear a case that takes place within one jurisdiction. 2. Yes, Domestic and international arbitration has the same process on the selection of arbitrators, the domestic arbitration, the parties are free to determine the number of arbitrators the same with international arbitration. 3. Subpoena duces tecum the person is required to submit a document that contain evidences while subpoena ad testificandum it is an order for a person to submit or testify in the court.
Bael, Razel R. Section-C Last Output It talks about Mini trial. Mini trial is a private consensual process where the attorneys for each party make a brief presentations are observe by a neutral advisor and by representatives executives from each side who have authority to settle the dispute. Mediation and arbitration , Med-Arb is a two-step dispute resolution process involving mediation and the followed by arbitration.
Flores, Brylle Joshua O. Section A 1st Output The discussion is about Implementing Rules and Regulations of RA 9285. The Division of the OADR is divided into 4, these are the SECRETARIAT, PUBLIC INFORMATION AND PROMOTION DIVISION, TRAINING DIVISION, and RECORDS AND LIBRARY DIVISION. Each of them has its own different functions. On the other hand the OADR also consist of an advisory council. The composition of the advisory council are the following: MEDIATION PROFESSION, ARBITRATION PROFESSION, ADR ORGANIZATIONS, IBP, and ACADEME. The role of the advisory council is to advise the Executive Director on policy, operational and other relevant matters. The Council shall meet regularly, at least once every two months, or upon call by the Executive Director.
Aehron John Yocor Section B Last Output The 40th to the last minute about the video still talks about the mini trial. The duration of the mini trial unless both parties decide how long the presentation in chief without interruption shall be made in an hour. Thirty minutes is given for a rebuttal or sur-rebuttal after the presentation the mini trial members may ask questions or clarifications from any of the presentors after the mini trial the mini trial member may start talking and decide, possible settlements and negotiate a settlement for the dispute just by themselves. Another ADR process is the mediation-arbitration, med-arb is a two step resolution process involving first the mediation and then the arbitration. Take note mediation and arbitration are different so this process is like the combination of these two ADR processes so to recap mediation is a process where both parties are the one to decide a settlement, and only assisted by a third party while a arbitration is where both parties will pick and choose the arbitrators which then will arrive at a decision of a settlement of the dispute in a form of an arbitral award. According to R.A 9285 still the parties will decide the rules and procedure and mediators who didn't reach the agreement which resulted to a failed mediation is not allowed to participate or act as an arbitrator but there still there is an excemption if both parties agree for that mediator function and if there is a written document and if there is an agreement then the mediator may still act as an arbitrator according to R.A 9285. So in the whole duration of the video we learned about the different ADR processes which is the mediation, arbitration, early neutral evaluation, mini trial and the mediation-arbitration which in common is that their main purpose is to solve disputes and that there are all under the law R.A 9285 "Alternative Dispute Resolution.
Randolf A Arada BScim II Section C 1st output this is my summary at 1:00 to 6:00 mins of the class. The settle of the disagreement peacefully by way of compromise, negotiation or fair settlements. They help the parties who have disputes with other parties, the OADR will take care of them and to make a quick and effective resolution to put an end to their disputes. Resolving a dispute or a conflict by meeting at least some of each side's needs and addressing their interests. Alternative dispute resolution methods are becoming preferable due to the need to move away from crowded courtrooms, increasing litigation costs, and the delays experienced in courts before judgment is delivered.
Neil John T. Alaban Section A 1st output In the 1st-6th minutes of the discussion, it talks about implementing rules and regulations of Republic Act 9285. The divisions of the OADR are Secretariat, Public information and Promotion Division, Training Division, and Records and Library Division. The purpose of the OADR is to assist to make the solution of conflict incidents more faster, more efficient, and more effective. The OADR means Office of Alternative Dispute Resolution. It is an attached agency of the Department of Justice which was created pursuant to Republic Act No. 9285. The OADR is also consist of the Advisory Council. The composition of the Advisory Council of OADR are Mediation Profession, Arbitration Profession, ADR organizations, IBP and Academe.
Galapate Joemar G. Section B 5th output The importance in Domestic Arbitration are the following ' The venue of the proceedings, the issuance of subpoenas'. Domestic Arbitration can be conduct function room, office space , business or other places for arbitration. No arbirator shall act as a mediator, an arbirator must be sworn by any authorized officer by law administer an oath, if he/she will refuse, or replaced. An early neutral evaluation it happen before the preliminary. The early neutral evaluation is to decalogue,limited on the part of court pillar.
Maricris Baron Section A 4th Output A. What is domestic arbitration? > Domestic arbitration is a controversy cannot be arbitrated where one of the parties to the controversy is an infant, or a person judicially declared to be incompetent, unless the appropriate court having jurisdiction approved a petition for permission to submit such controversy to arbitration made by the general guardian if the infant or of the incompetent. B. Are the processes for the selection of arbitrators in the domestic arbitration the same with the processes with international arbitration? support your answer. > The processes for the selection of arbitrators in the domestic arbitration is different from the process with in the international arbitration, because when we say domestic arbitration, it talks about the Philippine territory only or the arbitration proceeding is a local. C. As discussed, what is the difference between subpoena duces tecum and subpoena ad testificandum ? > Subpoena ad testificandum it is an order by the court, ordering a person to submit or to testify in the court. Meanwhile the subpoena duces tecum the person is required to submit a document, and this document contains of the evidences.
Brillantes Reymart J Section A 2nd output A. The parties are free to determine the number of arbitrators failing such determination, the number of arbitrators shall be three. So in other words each party shall appoint one arbitrator they choose , meaning the two parties have their own arbitrator, And the parties will choose to select who will be in the position. B.Appointing authority C.The ground for the termination of the services of an arbitrator. Will actually if the arbitrator unable to perform his/her function or for other reasons fails to act with delay his/her mandates terminates if he/she withdraws from his/her office or if the parties agree on the termination.
Berjamin Jayson B Section B Last output The continuation of mini trial where is is being discussed that there is no need for the presence of third person but only the decision makers. The mini trial panel members may ask any clarification from any of the presentors. Mediation-arbitration is being discussed also where it is governed with rules and procedures agreed by the parties. It is a combination of mediation in first phase and second phase is arbitration.
Peter John Labe Section D 4th Output A. Domestic Arbitration is a form of alternative dispute resolution (ADR) in which one or more individuals are assigned to hear a case that occurs within a single jurisdiction. The award is legally binding and enforceable. B. Yes, both provisions are similar in that the parties are free to choose how many arbitrators they want. In the absence of such a determination, the arbitrators' digit should be 3. Furthermore, the number of arbitrators must be determined by consensus between two parties. C. When we talk about "subpoena duces tecum," we're talking about a person who is forced to submit documents such as evidence, while "subpoena and testificandum" is a court order that requires a person to submit documents and testify in court.
Toquero Junrey T. Section D Output 4 A. The domestic arbitration is a form of alternative dispute resolution (ADR) where one or more persons are appointed to hear a case that takes place within one jurisdiction the word is binding and enforceable in court. B. Yes the process for the selection of arbitrators in the domestic and international arbitration is the same. The parties are free to determine the number of arbitrators. C. The difference between subpoena duces tecum and subpoena ad testificandum, the subpoena duces tecum required a person to submit a documents that contains evidence and subpoena ad testificandum is an order from the court a witness to testify in the court.
Cejay Y. Agir Section B 1st Output In the discussion of the 1st to 6th minute video it talks about the OADR or the Office of the Alternative Dispute Resolution. It also talks about implementing the rules and regulation of republic Act 9285. The discussion talks about the division of OADR that composed of the following: Secretariat, Public Information and Promotion Division, Training Division, Records and Library Division. And the advisory Councel of OADR are the following composition: Mediation profession, Arbitration profession, ADR Organization, IBP also known as Integrated Bar of the Philippines and Academe. The Main purpose of ADR is to achieve speedy and efficient in resolving all disputes.
Cejay Y. Agir Section B 2nd Output A. The process should be the arbitrators, each party shall appoint only one arbitrator and the two arbitrators that is appointed shall appoint the third arbitrator. B. Appointment shall be made, upon request of a party, by the appointing authority, the appointing authority will choose the arbitrators. C. If an arbitrator unables to perform his/her functions or for other reasons fails to act with delay, his/her mandate terminates if he she withdraws from from his/her office or if the parties agree on the termination. Otherwise, if the controversy remains concerning any of these ground, any party may request the appointing authority to decide on the termination of the mandate.
Fritz B. Garcia Section D Output 2 A. Each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator B. If the parties are unable to agree on the arbitrator, he/she shall be appointed, upon request of a party, by the appointing authority C. If an arbitrator becomes unable to perform his/her functions or for other reasons fails to act with delay, his/her mandate terminates if he/she withdraws from his/her offuce or if the parties agree on the termination.
Omar B. Balingit Section B 4th output A- A controversy cannot be arbitrated where one of the parties to the controversy is an infant, or a person judicially declared to be incompetent, unless the appropriate court having jurisdiction approved a petition for permission to submit such controversy to arbitration made by the general guardian of the infant or of incompetent. B- No because domestic arbitration is one concerned with purely notional or domestic issues. This means, in general terms that all aspects of the arbitration proceedings are related to a single jurisdiction. For example, the nationality of the parties , the governing law of the contract, the place of performance of the contruct and the facts giving rise to the dispute will all relate to the same jurisdiction. An international arbitration, on the other hand will reach beyond the borders of a single jurisdiction. Brodly speaking the domestic laws of different jurisdictions,adopt one of three different approaches to determining whether an arbitration is truly international first, the nature of the dispute approach, second the party nationality approach , third the hybrid approach. C- A Subpoena duces tecum or also called Subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or the tangible evidence for use at a hearing or trial. Subpoena ad testificandum which is a write summoning a witness to testify orally. However unlike the letter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court. In most jurisdiction a subpoena usually has to be serve personally.
Jerson lobo padura Section B 6th output A) An ADR process wherein parties and their lawyer are brought together early in pre-trial phase e to present summaries of their cases and receive a nonbinding assessment by an experienced. Neutral person. With expertise in the subject in the substance of a dispute B) means structured dispute resolution method in which the merits of a cases 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
Santillan, Jaymark A. Section A 2nd output A. If both parties agreed to select 3 arbitrators, but has disagreement as to who will fill-in in the positions, what would be the process of the selection? -If all sides have decided to have three arbitrators but cannot agree about who would be named as arbitrator, the law specifies that each party will nominate one arbitrator, which means the complaining party would appoint one arbitrator and the guilty party would still appoint one arbitrator in the case where they already have two arbitrators and only one arbitrator is absent, the two arbitrators who have already been named will now appoint the one arbitrator who is needed. B. If both parties agreed to have only one arbitrator, but fails to agree as to who will fill-in in that position, who will make an appointment? -If the parties cannot agree on naming a single arbitrator, the Appointing Authority is tasked with making the appointment. This is an individual who is approved by the arbitration agreement to make the appointment. C. What is the ground for the termination of the services of an arbitrator? -If the arbitrator is incapable of performing his or her duties or functions as an arbitrator, or if the parties have decided on his or her termination, the parties may petition the appointing authority for a decision on the arbitrator's termination.
TABAÑERA , RODIMAR D. SECTION C 6TH OUTPUT 1. Early Neutral Evaluation is a process that may take place soon after a case has been filed in court. If the parties are unable to select a neutral thrid person or appointing authority to make the appoinment. In other words when we say Early Neutral Evaluation we mean that it will happen before the trial. 2. Mini - trial is private conversation between the two person with there own attorneys. It is a settlement process in which the parties present highly summarized version of their respective cases to a panel of officials who represent each party.
Fejay B. Garcia Section B 4th Output 1. - Domestic Arbitration is a form of alternative dispute resolution (ADR) where one or more person(s) are appointed to hear a case that takes place within one jurisdiction. The award is binding and enforceable in court. 2. - No, Because when it is say domestic arbitration it is only for the territory of the Philippines or local only the procedings. 3. - So, in the Subpoena ad testificandum it is the order of the court ordering the person to submit or testify the court while in Subpoena duces tecum that means the person is required to submit a document contain with evidences then so, again Subpoena duces tecum it is an order from competent authority to a direct person to submit particular document
Bael, Razel R. Section-C 1st output The 1st-6th minutes of the discussion it talks about the Alternative Dispute Resolution (OADR) is the process or procedure use to resolve a dispute or controversy, which includes arbitration, mediation and conciliation. It is hereby declared the policy of the state to actively promote party autonomy in the Resolution of dispute or the freedom of the parties to make their own arrangements to resolve disputes. The purpose of OADR is to somehow assist is to made Resolution of conflict incidents more faster more efficient and more effective.
Rodriguez, Joycie Fyrra R. Section B 1st output In the first 6 minutes discussion it talks about the Dispute Resolution and Crisis management. It is the implementing Rules and Regulations of Republic Act 9285. OADR stands for Office of the Alternative Dispute Resolution. OADR has 4 divisions. First is Secretarist, Second is Public Information and Promotion Division, Third is training division and lastly is Records and library Division. Each division has its own functions and plays an important role. Its mandates are to promote, develop and expand the use of alternative dispute resolution in the private or public sectors. OADR also have an advisory council. Composition: Mediation profession, Arbitration profession, ADR organizations, IBP and Academe. It's role shall advice the executive director on policy operational and other relevant matter.
Shane Mae Vilan Section D 6th Output A. Early Neutral Evaluation is an event that takes place before a trail where both parties with their lawyers brought in for a pre-trial in the presence of an expert or specialist of a specific field regarding the current issue. An expert whose not bias that will give light, explanation to help the issue solved and not make it big. B. Mini trial is a structured method in which an issue or merits are argued or settled before the parties seek settlement, unlike early neutral evaluation, mini trail has no neutral third person to give them both enlightenment. Mini trail consist of panel of decision makers and vice-versa for early Neutral Evaluation
Bael, Razel R. Section-C Output 2 A. According to the law the three arbitrators which will facilitate the proceedings or process. B. If the parties are unable to agree on the arbitrator, he/ she shall be appointed, upon request of a party by the appointing authority. C. If an arbitrator unable to perform his/her functions or for other reasons fails to act with delay, his/her mandate terminates if he/she withdraws from his/her office or if the parties agree on the termination. Otherwise, any party may request to the appointing authority to decide on the termination of the mandate.
Toquero Junrey T. Section D Output 6 A. The early neutral evaluation based on the discussion there is an expert specialist a particular dispute or controversy to encourage settlement discussion without going to court early neutral evaluation no pane decision makers but they have only a third person. B. The mini trial no need to have a neutral third person but do you have only a panel of senior decision-makers this is the continuation if there is a lack of mediation in genera mini trial have no 3rd person but there is a exception if in case the two parties they want 3rd person so the third person will preside in trial.
Peter John Labe Section D 1st Output The first six minutes of the video presentation focus on the R.A. 9285 Implementing Rules and Regulations. There are divisions in this legislation that will aid in the resolution of a conflict or dispute. There is no need for a simple dispute to be heard in court, and the more cases heard in court, the greater the risk of the court being overburdened. The Office of Dispute Resolution (OADR) has a purpose and serves a function. Each division is critical in resolving disputes.
Bael, Razel R. Section-C Output 6 1. Early Neutral Evaluation is the process wherein parties and their lawyer are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person with expertise in the subject in the substance of a dispute. The purpose of Early Neutral Evaluation is to minimize the overloading to the part on court pillar. 2. Mini trial is a private consensual process where the attorneys for each party make a brief presentations are observe by a neutral advisor and by representatives usually high level business executives from each side who have authority to settle the dispute.
Eunice Dawn B. Melon Section A 6th Output A. Early Neutral Evaluation is a process which precedes litigation. You may have heard it referred to as a private judging - which is quite an apt description. In this case, both parties appoint an evaluator, who will be impartial like a mediator or judge. The evaluator will look at both sides of a case and tell you what the outcome would be if you took it to court. You can then progress your settlement negotiations with this in mind. It is an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of a dispute it basically means it happens before trial or the trial is not yet starting. B. The Mini- trial means a structured dispute resolution method in which the merits of a case argue before a panel comprising of senior decision maker in mini trial no neutral third person it only a panel senior decision maker mini-trial shall be governed by the rules and procedure agreed upon by the parties. Mini-trial is a continuation if not enough to the mediation or early neutral controversy it is conduct by mini-trial.
Antonette Faye O. Toro Section A 1st Output Last discussion we tackled about the introductory topics of the Republic Act. 9285, basically known as the Alternative dispute Resolution. In this episode we will tackle more about on implementing rules and regulations of the law. Office of Alternative dispute resolution is one of the mandates of Republic Act. 9285 or Alternative dispute resolution, its purpose is to somehow assist to make a resolution to a conflict incidents for faster resolution and effectiveness. There are divisions of OADR according to the law, and these are Secretariat, public information and promotion division, training division and, Records and library Division. In secretariat they are the ones who provides necessary supports and discharge such other functions and duties as may be directed by the Executive Director. In public information and promotion division their functions are to simply disseminate the information promoting the significance and importance of mediation, consolation and arbitration in a speedy and important means of resolving disputes. In Training division - they are the ones who are charged for those person who are under training, and for the formulation of effective standards for the training of ADR practitioners. and lastly in records and Library Division they are charged with the establishment and maintenance of a central respository of ADR law, rules and regulations, books, articles and other information about ADR not just in the Philippines but also elsewhere. The OADR also consist of an advisory council, these are the Mediation profession, Arbitration profession, ADR organization, IBP or the Integrated bar of the Philippines and lastly the Academe, which personalities coming from universities, colleges or any educational institution. Roles of advisory council is to advise the executive director on policy, operational and other important matters.
Jamer,Angelo C. Section D 6th output A. Early Neutral Evaluation is a process that may take place soon after a case been filed in court .The expert identifies each sides strengths and weaknesses and provides an evaluation of the likely outcome of atrial. B. A Mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a trial. The presentations are observed by a neutral advisor and by representatives (usually high-level business executives) from each side who have authority to settle the dispute.
Bael, Rocky R. section- C 2nd output A- If both parties agreed to select 3 arbitrators, but has disagreement as to who will fill-in in the positions, the process of the selection would be the two parties should choose an arbitrator. The two arbitrators chosen by two parties will appoint a third arbitrator then the third arbitrator will arbitrate the proceedings. B- If both parties agreed to have only one arbitrator, but fails to agree as to who will fill-in in that position, the appointing authority will take over the appointment. C- If the arbitrator fails to perform his function, he will be terminated upon the agreement of the two parties.
Ryan G. Quillano Section B 7th Output (LAST OUTPUT) In this discussion, it talks about mini-trial, which the parties may agree that a mini-trial be conducted with or without the presence and participation of a neutral third person. The parties may agree to appoint one or more (but equal number per party) senior executives, or on its behalf to sit as mini-trial panel members. Lastly, the Mediation-arbitration or Med-Arb, a two-step dispute resolution process involving mediation and then followed by arbitration.
Neil John T. Alaban Section A Last Output A. In the mini-trial, the senior executive/s chosen to sit as mini-trial panel members must be duly authorized to negotiate and settle the dispute with the other party. At the date time and place agreed upon, the parties shall appear before the mini-trial panel members. Unless the parties agree on a shorter or longer period, the presentation-in-chief shall be made, without interruption, for one hour. The rebuttal or sur-rebuttal shall be thirty minutes. At the end of each presentation, rebuttal or sur-rebuttal, the mini-trial panel members may ask clarificatory questions from any of presentors. After the mini-trial, the mini-trial panel members shall negotiate a settlement of the dispute by themselves. In the mediation-arbitration or med arb, it is a two dispute resolution process involving mediation and then followed by arbitration. The regulations of a med-arb are; a med-arb shall be governed by the rules and procedure agreed upon by the parties; No person shall having been engage and having acted as mediator of a dispute between the parties, following a failed mediation, act as arbitrator of the same dispute, unless the parties, in a written agreement, expressly authorize the mediator to hear and decide the case as an arbitrator.
Tañara, Mary Joyce N ( Section A) Sixth Output (a) Early Neutral Evaluation is typically a non-binding form of alternative dispute resolution which is often without prejudice (in other words hidden from the court) and can help parties avoid further unnecessary stages in litigation. (b) mini -trial means a structed dispute resolution method in which the merits of the case are argued before a panel comprising of senior decision makers, with or without the prensence of a neutral third person, before which the parties seek a negotiated settlement.
Macalipay Grethel Wink B Section B Output 4 1.Domestic Arbitration is a form of alternative dispute resolution (ADR) where one or more person(s) are appointed to hear a case that takes place within one jurisdiction. The award is binding and enforceable in court. 2. No person appointed to serve as an arbitrator shall be related by blood or marriage. 3.The subpoena duces tecum is, in all respects, like the ordinary subpoena ad testificandum with the exception that it concludes with an injunction that the witness shall bring with him and produce at the examination the books, documents, or things described in the subpoena.
Remopalos Charles B. Section B 1st Output The first 1-6 minutes of the video was all about implementing Rules and Regulations of Republic Act 9285. The Office for Alternative Dispute Resolution (OADR) is an attached agency of the Department of Justice which was created pursuant to Republic Act (R.A.) No. 9285 or the Alternative Dispute Resolution Act of 2004.. In accordance of the Law the division of the OADR are the following Secretarial, Public Information and Promotion Division, Training Division and Records and Library Division. The office of the ADR also consists of an advisory council and the composition of the ADR to OADR are Mediation Profession, Abitration profession, ADR organization, IBP and Academe.
Mendaros, Christian P. Section A 6th Output A. An early neutral evaluation is an ADR process where in parties and their lawyers brought early in a pre-trial to present summaries of their cases. B. Minu trial a structure dispute resolution method in which the merits of a case are argued before a panel compromising in mini trial there's no third person.
Sham Earlyn D. Logronio Section: C Last Output 1. At the date time and place agreed upon, the parties shall appear before the mini-trial panel members. The lawyer of each party and or authorized representatives shall present his/her case starting with the claimant followed by the respondent. The senior executives chosen to set as mini-trial panel members must be duly authorized to negotiate and settlement dispute with the other party . At the end of the presentations, the representatives attempt to settle the dispute. Med-Arb family dispute resolution process, that uses mediation and arbitration to try to resolve legal issues without going to court. It depends on the both parties if they would settle it so that it would not go into the court.
Dionesio Cabugason Section D 6th output 1. Based in my understanding that the early neutral evaluation it's not get to the court directly and have ad process and their submitting there cases they handle. B.Mini-trial is a structured dispute resolution method in which the merits of a case are argued before a panel comprising of senior decision makers.
Remopalos Charles B Section B 6th Output A. Early neutral evaluation takes place before start of trial, there will be an expert specialize in a particular field will be invited to give a statement to a particular issue, this is to minimize workloads in the court of pillars B. In mini trial it is a structured dispute resolution method, in which merits of a case are argues with or without the presence of a neutral third person,only a panel of senior decession makers.
Hernandez, John Bryan B Section B 6th out put A. Early neutral evaluation is just like in domestic or international arbitration that talked about parties governed the procedure of the early neutral evaluation, it's purpose is to help minimizing the amount of case that is being handled by the court. The third person given only 30 days by the court to submit his opinion, but that opinion is non-binding that makes the early neutral evaluation different to the arbitration. B. Mini-trial is a structured dispute resolution method using the panel senior decision-makers without the presence of the third person, that is the different of mini-trial to early neutral evaluation. Mini-trial is the continuation of the early neutral evaluation, which is a case that is not totally solve in early neutral evaluation. But in mini-trial third person can be appointed if the two parties agreed to have. If each party decide to have one or more senior executive, they should have they same number per party, and if the time and place was agreed, each parties shall appear before the mini-trial panel members. Further explanation in mini-trial only one hour was given by the law to the presentation without interruption, and the rebuttal or sur-rebuttal shall be 30 minutes. After the mini-trial, the mini-trial panel members shall negotiate a settlement of the dispute by themselves.
Aljun Calda(Section B) 2nd output A.According to the law which is the RA 9285, If there is a disagreement between the two parties, each parties would select one arbitrator.The arbitrator selected in each party will provide or appoint the 3rd arbitrator.And I think this is the process of selection. B.If they fails to agree according to the law, there shall atleast 3 arbitrators which facilitate the proceeding.The appointing authority will make an appointment. C.The ground for termination if an arbitrator is unable to perform his/her function.
John Paul B. Berjamin Sec. B 6th output 1. The Early Neutral Evaluation is an ADR process wherein parties and their lawyers are brought together early in pre- trial phase to present summaries of their case and received a nonbinding assessment by an experienced , neutral person, with expertise in the subject substance of a dispute. Early neutral evaluation will takes place before the trial. And there will be an expert on the issue or controversy who will be invited to somehow shed light on a particular issue. 2. Mini trial is a structured dispute resolution method in which 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.
Edroa Jude D. Velonta Section D 5th output Domestic arbitration is a form of alternative dispute resolution where one or more person are appointed to hear a case that takes place within one jurisdiction. The 10 minutes video clips sum up the importance of domestic arbitration. It provides the contract between two parties. It talks about the time, place, hearing matters and the person that is authorized in administering the oath. Also, the place where the award should be given. It should be same place where the hearing happened.
Herrera, Jerico Section A 6th output A. Bases on what is discussed, what is early Neutral Evaluation? - Is an ADR process wherein partiesband their lawyears are brought together early in a pre trial phase to present summaries of their case and receive a non biding assessmebt by an experienced, neutral person, with expertise in the subject in the substance if a dispute . B. Explain what is mini-trial? - A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a trial. The presentations are observed by a neutral advisor and by representatives from each side who have authority to settle the dispute.
Ramirez, Nikki Section-A Last output A. As a summary of the 40th to the last minute of the pre-recorded discussion is In addition of Mini-trial in which the senior executive/s chosen to set as Mini-trial panel members must be duly authorized to negotiate and settle the dispute with other party. After the Mini-trial, the Mini-trial panel members shall negotiate a settlement of the dispute by themselves. Another is the Mediation-Arbitration is a two step process involving mediation and then followed by arbitration. Mediation-Arbitration shall governed by the rules and procedure agreed upon by the parties.
Namacpacan Angelo - C Last Output In my understanding mini-trial is a third conflict resolution mechanism in which the parties present their case before a jury of senior decision-makers, with or without the assistance of a neutral third party, in order to achieve a negotiated settlement. For a minute hearing, the parties must agree on the rules and procedure. Many trials will be held as: I a separate dispute resolution procedure; or (ii) a continuation of mediation, neutral or early neutral review, or any other alternative conflict resolution method. Mediation arbitration (med-arb) is a two-step dispute resolution procedure that begins with mediation and ends with arbitration. The two parties execute the agreement reached through mediation. The terms of the arbitration agreement are enforced by the arbitration.
James C. Elloreg Section A 2nd output A. If both parties agreed to select 3 arbitrators, but has disagreement as to who will fill-in in the position, each party shall appoint one (1) arbitrator and the two (2) arbitrators thus appointed shall appoint the third arbitrator. B. If both parties agreed to have only one arbitrator, but fails to agree as to who will fill-in in that position. The appointing authority will be appointed. C. If the arbitrator unable to perform his/her functions or for other reasons fails to act with delay, his/her mandate terminates if he/she withdraws from his/her office or if the parties agree on the termination. With that failure to do his/her job a substitute arbitrator may replace.
Brian U. Larena Section B 1st output For me, the main idea of the 1st to 6 minutes of the recorded discussion is all about the Implementing Rules and Regulations of Republic Act 9285. So we will handle about the elements of every divisions of Office of the Alternative Disputes Resolution. Secretariat offers important help and release, such capacities and obligations coordinated by the Executive Director. Public Information and Promotion Division accused of the dispersal of data, advancement of the significance and public acknowledgment of intervention, appeasement, assertion or any mix, and other OADR structures methods for accomplishing fast and proficient of settling all debates. Preparing division lead of preparing as per such principles, inssurance of affirmations of preparing to OADR experts and OADR specialist co-ops. Records and Library Divisions the foundation and support of a focal storehouse of OADR laws, rules and guidelines, statute, books, articles, and other data about OADR in the Philippines.
6th output Angel Saguban C. An ADR process wherein parties and there lawyer's are brought together early in a pre trial phase to present summaries of there case and receive a non biding assessment by an experienced , neutral person with expertice in the subject in the substance of a dispute. Just the same rules with international and domestic arbitration. A mini trial is a structured dispute resulotion method in which the merits of a case before a panel comprising of a senior decision makers with or without the presence of a third neutral person before which the parties seek a negotiated settlement.
Moreno ,Hermie G. Section D 2nd output A. In this case,according to Republic Act 9285 it depends on how they choose the amount of arbitrators and it depends on the agreement of the two parties. B. In this case,according to the law failing such agreement in an arbitration with three arbitrators each party shall appoint one arbitrator and the two arbitrators thus appointed shall appoint the third arbitrator. C. If an arbitrator becomes unable to perform his/her functions or other reasons fails to acts with delay his/her mandate terminates if he/she withdraws from his/her office or if the parties agree on the termination.
Adan Stephen c. Section B Output #2 A.If both parties agreed to select three arbitrators the process of selection will be selected and the name of the first arbitrator has the authority to fill the seats for second mediator and the third mediator will be chosen by the second authority which are chosen by both parties B.If in case if the one arbitrator fails to perform his or her function he or she can be terminated upon the agreement of the two parties and if one party will move for the termination of the arbitrator it can be given value by the appointing authority if the arbitrator will be proven that he or she is not doing their functions they can be replaced by the substitute arbitrator. C.If the arbitrator will unable to perform their functions his or her mandates terminates if they will withdraw on what both parties agreed on the termination or else it will remain concerning of these grounds and a substitute arbitrator may replace
Amil,Raffy Jose V. Section B 6th output A neutral evolution takes place before and trial. It shall governed by the rules and procedure agree upon by the parties for instance, there will be an expert specialize in a particular field related to the dispute of controversy will be invited to somehow shed light to the given issues. The purpose of this is to minimize workloads, or even overloading in the court of pillars. B mini-trials is a structred dispute resolution method in which the merits of a case are argued before a panel comprising of senior decision makers. Early neutral evolution is different from mini trials, because in mini trial there is no such that what we called neutral third person, but only panel of senior decision makers.
Macalipay, Grethel Wink B. Section B Output 2 A. As what i have understand it depend on the agreement of two parties, no matter how many arbitrator they will select as long as the two parties agreed it's ok, but if there is no agreement between two parties according to the law there shall be three arbitrator to facilitate the preceding. B. The appointing authority C. Any parties may request the appointing authority to decide on the termination of the mandate.
Aljun Calda(Section B) 1st Output The 1st-6th minutes video presentation talks more about the Implementing rules and regulations of R.A 9285.The part of this law, there are divisions that will help a conflict or the disputes to solve easier and faster.No need for a simple conflict to be in the court, because the more cases to be in the court their is a big possibility that the court became overloaded.The office of the dispute resolution (OADR) has its functions and purposes.each of the divison is important to solve the disputes.
Robert Dominic D Villadolid Section C 6 output 1 As what sir said that the early neutral evaluation base from my understanding that the early neutral evaluation its not get to court directly and have adr process and their submitting there summary there cases they handle. 2 mini trial is like consensual process where the both attorney have representation for the time of trial on the court.
Lagrama, Marimar P. Section B 1st Output As the summary of the discussion in 1-6 minutes is about Alternative Dispute Resolution which tackled about Implementing Rules and Regulations of Republic Act 9285, OADR (Office of the Alternative Dispute Resolution) is one of the mandates of Republic Act 9285 that’s needed to establish. In accordance of the Law the division of the OADR are the following Secretarial, Public Information and Promotion Division, Training Division and Records and Libary Division. The office of the ADR also consists of an advisory council and the composition of the ADR to OADR are Mediation Profession, Abitration profession, ADR organization, IBP and Academe. There is also a role of the Advisory council that shall advice the executive director on policy, operational and other relevant matters. the council shall meet regularly, at least once every two months, or upon call by the executive director.
Macalipay Grethel Wink B. Section B Output 3 A. An award could be defined as the final and binding decision made by a sole arbitrator or an arbitral tribunal, which resolves, wholly or in part, the dispute submitted to his/its jurisdiction. B. *Require any person to attend a hearing as a witness *Subpoena witnessed and documents *Required the retirement of any witness during the testimony of any other witness C. *The award shall be made in writing and shall be signed by the arbitrator or arbitrators *The award shall be taste the reasons upon which is based * The award shall taste its date and the place of arbitration * After the award is made, a copy signed by the arbitrators shall be delivered to each party. D. * The claimant withdraws his/her/its claim. * The parties agree that termination of the proceeding * The arbitral tribunal finds that the continuation of the proceedings has for any other reasons become unnecessary or impossible.
Mendaros, Christian P. Section A 4th Output A. Domestic Arbitration is a form of alternative dispute resolution (ADR) where one or more person are appointed to hear a case that takes place within one jurisdiction. The award is binding and enforceable in court. B. Commercial contracts will commonly include provision for how disputes relating to that contract are to be resolved. If the parties choose arbitration, the arbitration agreement will generally be part of the document recording the terms of the commercial transaction. Parties can also enter into an arbitration agreement after a dispute has arisen. C. The subpoena duces tecum is, in all respects, like the ordinary subpoena ad testificandum with the exception that it concludes with an injunction that the witness shall bring with him and produce at the examination the books, documents, or things described in the subpoena.
Moncida Renz Namoco Section C 6th output A) based on discussion an Early Neutral Evaluation is An ADR process in parties and their lawyers brought in pre- trial to present summaries of their case B) Mini-trial is an structured dispute resolution method in which the meant of e case are argued before a panel comprising of Senior Decision makers Early Neutral Evaluation is different from Mini-trial, in Mini trial there is no such that what we called Neutral Thirds person.
Tinay, Charlene M. Section A Last Output A. Summarize the discussion on the topics being discussed This portion is a continuation of the topic on mini-trial. Therefore, it is clear that parties involve may agree on a mini-trial whose panel will be appointed by each party provided they are equal in numbers. They may choose a neutral third person but they may opt not to. In case they will, such person will preside over the mini-trial. In the absence of the neutral third person, the senior executive/s are to sit as panel members and are authorized to settle and negotiate disputes. On how this will proceed is that the parties are to appear on a particular date, time and place with their respective lawyers and presents the case starting with the claimant followed by the respondent. Presentations-in-chief will be made without interruption for one hour unless there is a prior agreement made regarding the length of time. A rebuttal or sur-rebuttal is to delivered for 30 minutes after which panel member/s may ask clarificatory questions from any of the presenters. After the mini-trial, the panel members shall negotiate a settlement of the dispute by themselves. The later part of the video is about Med-Arb or Mediation-Arbitration. This is a two-step process which starts with mediation and is followed by arbitration. We have to remember that in mediation, both parties may come to an agreement by themselves while in arbitration, an arbitrator will grant the award to a party. The rules and procedures will agreed upon by the parties themselves. A person who acted as mediator in a failed mediation process is not allowed to sit as arbitrator in the same case unless the parties will agree and authorize that person to sit as arbitrator of the case.
Mendaros, Christian P. Section A Last Output A. This is my summary of the last minute of the pre-recorded discussion is in addition of mini trial in which the senior executive chosen to set as mini-trial panel members must be duly authorized to negotiate and settle the dispute eith other party. The different of mediation and arbitration is that mediation agreed on what two parties executed and the third person will be the one to mediate over this dispute. Another is the mediation-arbitration is a two step process involving mediation and then followed by arbitration. Lastly, the mediation-arbitration is the combination of mediation and arbitration.
Brillantes, Reymart J. Section-A 5th output A. Summarize the discussion on the topics other important note in domestic arbitration. - In domestic arbitration, the arbitrators must act like an arbitrators not as a mediator in any proceeding even it is requested by parties. In the oath taking is a requirement of arbitrators if arbitrators cannot take an oath automatic she/he will be replaced. And the process for the selection of arbitrators in the domestic arbitration is different from the process with international arbitration. In other words when we say domestic arbitration it talks about the philippine territory only for the arbitration proceeding is local. And in early neutral evaluation this will takes place before the trial. In other words there is an expert specialize to a particular field related to the dispute of controversy who will be invited. So possibly the traffic investigator will have to provide their advice and recommendation on a particular to the existing issues.
ROHCLEN S UNTO SECTION D 1ST OUTPUT Last Discussion we tackled is about the Republic Act 9285 is our country’s law that provides for Alternative Dispute Resolution. ADR refers to 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 RA 9285, in which a neutral third party participates to assist in the resolution of issues, which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof. The law covers mediation, international commercial arbitration, domestic arbitration, arbitration of construction disputes, and judicial review of arbitral awards (domestic and foreign) That RA 9285 created the Office for Alternative Dispute Resolution under the Department of Justice. Thus, if you are involved in a legal dispute with family members or with some other parties and you do not want to go into court litigation, you can avail of the services of this particular Office. The State actively promotes party autonomy in the resolution of disputes or the freedom of the party to make their own arrangements to resolve their disputes. Towards this end, the State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and declog court dockets. As such, the State shall provide means for the use of ADR as an efficient tool and an alternative procedure for the resolution of appropriate cases. Likewise, the State shall enlist active private sector participation in the settlement of disputes through ADR. RA 9285 shall be without prejudice to the adoption by the Supreme Court of any ADR system, such as mediation, conciliation, arbitration, or any combination thereof as a means of achieving speedy and efficient means of resolving cases pending before all courts in the Philippines which shall be governed by such rules as the Supreme Court may approve from time to time. It means institutions or persons accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in any Alternative Dispute Resolution system. This is without prejudice to the rights of the parties to choose non-accredited individuals to act as mediator, conciliator, arbitrator, or neutral evaluator of their dispute. Whenever referred to in RA 9285, the term ADR practitioners shall refer to individuals acting as mediator, conciliator, arbitrator or neutral evaluator. Like 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 RA 9285, resolve a dispute by rendering an awards before..
Namacpacan Angelo-Section C In the 1st to 6th minutes it is about what the Office for Alternative Dispute Resolution.- Is an attached agency of the Department of Justice. Its mandates are to promote, develop and expand the use of alternative dispute resolution (ADR) in the private and public sectors. It was created pursuant to Republic Act R.A No. 9285. They envision an enlightened society that rises above conflicts and empowers parties in making arrangements to settle their own disputes. The OADR will be a dynamic policy making body that aligns itself with global trends.
Kent Earl K. Partosa Section B 1st output This is about the Office Alternative Dispute Resolution . Its division Secretariat , Public Information and Promotion division ,training division, Record and library division . Every division has its own regulations and important every one of them . At around 1-3 minutes division secretariat and public information is being discuss . And in 4-6 minutes the rest of the division is being discuss and their differences.
Jahzeel Vanne V. Badon Section D 1st Output The topic in the first 1-6 minutes of the video was all about implementing Rules and Regulations of Republic Act 9285. We also tackled about the Office of the Alternative Dispute Resolution (OADR), the following divisions of OADR are: The Secreteriat, second is the Public Information and Promotion division, the third one is the Training Division, and the last one is the Records and Library division.
Kaile Darcy L. Briones Section B Last output A.summarize the discussion on the topics being discussed -Mini-trial most resembles a mediation hearing, in that there is a presentation by each party of a summarized version of his or her case to a panel of persons for the purpose of resolving or settling the dispute. Also like mediation, the parties are generally not bound to an outcome, and may end the process at an impasse. However, there is one important difference between a mediation and a mini-trial. In mediation, the mediator is a neutral third party who does not take the side of either party, but instead tries to facilitate open communication between the parties themselves in order to achieve compromise and settlement.
Lagrama, Marimar P. Section B 2nd Output A.According to the Law there shall be 3 Arbitrators which will facilitate the proceedings. Both of them shall agree on how much arbitration, if both of them still disagree, who will facilitate arbitration proceedings . So according to the law they must have 3 arbitrators. Furthermore, the Law provides for failure of disagreement arbitration with 3 arbitrators. It will happen that the one parties shall choose the arbitrator that they choose and the second parties will also appoint 1 arbitrator and the third arbitrator shall re appointed by the arbitrator to arbitration chosen by the two parties. B. If the parties are unable to agree on the arbitrator, he/ she shall be appointed, upon the request of a party, by the appointing authority. C. If one of the arbitrators fails to perform his/her function there is still possible that he/she would be terminated.
Garcia, Fejay B SECTION B 2nd Output A. Yes, through according to R.A 9285 it depends on the amount of they choose 3 or 4 arbitrators on the agreement of both parties so, if the both parties did not agreed or reject to who will fill - in in that positions as what on the discussion also in the module written and to the law. Failing such determination, the number of arbitrators shall be three (3) which will continue to the process of proceedings. B. It is clearly that the appointing authority will take over the proceedings or the appointment if the both parties will not agreed to have only 1 arbitrator, so that's why the appointing authority will take over. C. If that case as what also found on the module and the discussion as what written there " Failure or Impossible to act" as what written. If an arbitrator becomes unable to perform his/her functions or for other reasons fails to acquit delay, his/her monday terminates if he/she withdraws from his/her office or if the parties agree on the termination. Otherwise, if the controversy remains concerning any of these grounds, any party may request the appointing authority to decide on the termination of mandate, which decision shall be immediately executory and not subject for motion for reconsideration or appeal Note: A substitute arbitrator may replace
Sidello, Aljun I. SECTION B Output 1 My summary about the 1-6 minutes of the video was all about implements rules and regulations of Republic Act 9285 the first discussion we talk about the OADR (office of the alternative dispute resolution ). They have 4 divisions of the OADR the Secretariat,Public Information and Promotion Division, Training Division and Records and Library Division this 4 divisions have also a function according to the discussion.The advisory council and the composition are the Medration profession,Arbitration profession,ADR organization, IBP and acade and the advisory council have also a rule.
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Macalipay Grethel Wink B.
Section B
Output 6
1.Early neutral evaluation is a process that may take place soon after a case has been filed in court. The case is referred to an expert, usually an attorney, who is asked to provide a balanced and unbiased evaluation of the dispute. The parties either submit written comments or meet in person with the expert.
2.A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a trial. The presentations are observed by a neutral advisor and by representatives (usually high-level business executives) from each side who have authority to settle the dispute.
Kenneth Rey Andilan
Section C
6th Output
A. Based on what is discussed, what is Early Neutral Evaluation?
-Early Neutral Evaluation is an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of
their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in
the substance of a dispute.
B. Explain what is mini-trial?
-Mini-Trial means 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.
Maricris Baron
Section A
5th Output
> The discussion of this video it talks about the other important notes in domestic arbitration which stated below, no arbitrators shall act as a mediator in any proceedings even if requested by the parties. Then the next is the oathtaking is requirement for the arbitrators, if the Arbitrators fail to do the oath he or she will replaced it, the next is the tribunal shall have the power to administer oath, the next is a decision of the court confirming, faulting, setting aside, modifying or correcting and arbitral award may be appealed to the court of appeals in accordance with special ADR rules, and Last, is the venue and jurisdiction proceedings for recognition and enforcement of an arbitration agreement or for vacation or setting aside of an arbitral award shall be filled with the court.
Jianne Quisil
Section C
4rth output
A. A domestic arbitation is More person are appointment to hear a case that takes place with one jurisdiction
B. Yes because they have the same provision of controversy according to republic act 9285.
C. The difference between subpoena duces tecum and subpoena and testificandum is that subpoena ducs tecum required a person to submit a particularly ducument while the subpoena adtestificandum is an order by the court.
BAGUIO, RITZ GERALD D.
SECTION A
6th Output
A. Based on what is discussed, what is Early Neutral Evaluation?
Early Neutral Evaluation, is an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of a dispute it basically means it happens before trial or the trial is not yet starting. So the Early Neutral Evaluation has an expert specialized in a particular field related to the conflict or controversy. That individual will somehow shed a light, or give an advice and provide recommendations or assessment on a particular existing issue. So the purpose of early neutral evaluation is to somehow or minimize the overloading on the part of court pillar.
B. Explain what is mini-trial?
The Mini- trial means a structured dispute resolution method in which the merits of a case argue before a panel comprising of senior decision maker in mini trial no neutral third person it only a panel senior decision maker mini-trial shall be governed by the rules and procedure agreed upon by the parties. Mini-trial is a continuation if not enough to the mediation or early neutral controversy it is conduct by mini-trial.
Cris Anne Reso-or
Section A
6th output
A.Early Neutral Evaluation is an ADR process where in parties and their lawyers are brought together early in a pre-trial phase to represent the summaries of their cases and recieve a nonbinding assessment by an experienced, neutral person, with expertise in the subject in a substance in a dispute.In other words,when we say Early Neutral Evaluation we mean that it will happen before the trial.There will be an expert invited who specializes in an area specific to the conflict or controversy.This assessment will help the parties assess their case and possibly lead to a settlement.
b.Mini Trial means a structured dispute resolution method in which the merits of a case argued before a panel comprising of a senior desicion-makers with or without the presence of a neutral term person, instead their is a panel of senior desicion-makers.Futhermore the legislation only allows for one-hour presentation without interruption and the rebuttal or sur-rebuttal is limited to 30 minutes.Following the mini-trial the members of the mini-trial jury will independently seek a resolution of the conflict.
Galapate Joemar G.
Section B
4th output
1.) The Domestic Arbitration is a form of ADR where one or more person are appointed to hear a case that takes place within one jurisdiction.
2.) The commercial contracts will commonly include provision for how disputes contract will be solved. If the Arbitration agreement will generally be part of the recording documents of terms of commercial transaction.
3.) The Subpoena Duces Tecum it's all respects, it concludes with an injunction that the witness shall bring with him and examine the books the documents or things describe in subpoena.
Maricris Baron
Section A
6th Output
A. Based on what is discussed, what is Early Neutral Evaluation?
> The early neutral evaluation it takes place before the trial. It shall govern by the rules and procedure agreed upon by the parties. For instance, there will be an expert specialize in a particular field related to the dispute of controversy will be invited to somehow shed light to the given issue. Hence, the purpose of this is to minimize workloads, or even overloading in the court of pillars.
B. Explain what is mini-trial?
> In mini-trial, there is no need to have a neutral. The third person to resolve an issue rather a panel comprising of senior decision makers will do. However, if incase both parties agree to find a third person except form the panel of senior’s decision makers will be allowed. Therefore, after the mini-trial, the panel of members shall negotiate the settlement of the dispute by themselves. This will help to lay down settlement in terms of agreement between two parties.
Beverly C. Vilos
Section A
Last Output
Mediation Arbitration, or Med-Arb, is the topic of the discussion. It is a strategy or a form of alternative conflict resolution. The Med-Arb is a two step dispute resolution process involving mediation and then followed by any Arbitration.Mediation and arbitration are two distinct processes. Mediation is an arrangement between the two parties in which a third party can mediate the conflict. Although the Arbitration is an arrangement or the terms of an agreement, the Arbitration will carry it out.
Under Republic Act No. 9285, there are two regulations concerning mediation or arbitration.
First is, A mediation -Arbitration shall be governed by the rules and procedure agreed upon by the parties.
Second is, no person shall having been engage and having acted as mediator of a dispute between the parties, following a failed mediation, act as arbritrator of the same dispute, unless the parties in a written agreement, expressly authorize the mediator to hear and decide the case as an arbritrator.
Banua,Therese D.
Section C
6th Output
A.What is early neutral evaluation ?
-An ADR process wherein parties and their lawyers are brought together early in a pre trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced ,neutral person,with expertise in the subject in the subtance of a dispute.
-The neutral third person may structure the evaluation process on any manner he/she deems appropriate.
B.What is mini-trial?
-A structured dispute resolution method in which the merits of a case are argued before the panel comprising of senior decision -makers with or without the presence of a neutral third person before which the parties seek a negotiated settlement.
-A mini trial shall be governed by the rules and procedure agreed upon by the parties.
Liela Rose M. Diaz
Section C
6TH Output
A. Based on what is discussed, what is Early Neutral Evaluation?
An early neutral evaluation process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of a dispute. Meaning this will take place before trial. So, there is an expert specialized in a particular field related to the dispute or controversy who will be invited. For example, if a particular dispute involves a traffic incident so the dispute is about the civil liability of who is responsible for paying the damaged property. So, that is the time that the traffic investigator or an expert in that particular field can interview or invite and shed light on that particular issue. Possibly the traffic investigator will have to provide his recommendations or assessment on a particular existing issue so we can somehow solve the problem with a talk like for example, First party you are at fault so basically the way I say it is based on evidences so you are responsible to pay for the damages because if the case will be brought to trial in the court it will need much money and it will be a hassle and at the same time expensive. In short, the purpose of an early neutral evaluation is to minimize workload on the part of the court pillar. This is governed by the rules and procedure agreed upon by the parties and if the parties are unable to select a neutral third person or appointing authority, then, either party may request the default appointing authority to make the same appointment. The neutral third person may structure the evaluation process in any manner he\she deems appropriate. In the course thereof, the neutral third person may identify areas of agreement, clarify the issue, define those that are contentious, and encourage the parties to agree on a definition of issues. The neutral third person shall issue a written evaluation or assessment within thirty days from the conclusions of the evaluation process. The opinion shall be non-binding and shall set forth how the neutral third person would have ruled had the matter been subject to a binding process. Also papers and written presentations shall be treated as confidential.
B. Explain what is mini-trial?
Mini- trial means a structured dispute resolution method in which the merits of a case are argued before a panel consisting of senior decision makers, with or without the presence of a neutral third person. Before which the parties seek a negotiated settlement. It consists only of a panel of senior decision makers. This is governed by the rules and procedure agreed upon by the parties. A mini-trial shall be conducted either as a separate dispute resolution or a continuation of mediation, neutral or early neutral evaluation or any other ADR process. So, even if there is a small conflict that needs to be settled we can still conduct a mini-trial. On the other hand, the parties may agree that a mini-trial be conducted with or without the presence and participation of a neutral third person. If a neutral third person is agreed upon and chosen, he\she shall preside over the mini-trial. The parties may agree to appoint one or more but equal in number per party senior executive\s, on its behalf, to sit as mini-trial panel members. In addition, in case the two parties will agree or will insist if there is a third person except from the panel of senior decision makers. The senior executive\is chosen to sit as mini-trial panel members must be duly authorized to negotiate and settle the dispute with the other party. At the date time and place agreed upon, the parties shall appear before the mini-trial panel members. The lawyer of each party and\or authorized representative shall present his\her case starting with the claimant followed by the respondent. Furthermore, unless the parties agree on a shorter or longer period, the presentation-in-chief shall be made, without interruption, for one hour. The rebuttal or sur-rebuttal shall be 30 minutes and at the end of each presentation, rebuttal or sur-rebuttal. The mini trial panel members may ask clarificatory questions from any of the presentations, after the mini-trial, the mini-trial panel members shall negotiate a settlement of the dispute by themselves. So, the panel members are the one who will lay down some possible settlements or terms of agreement of the two parties. So those are the provisions that regulate mini-trial.
Antonette Faye O. Toro
Section A
6th Output
A. Early neutral evaluation is an ADR process wherein parties and their lawyer are brought together in a pre-trial phrase to present summaries of their cases. Early neutral evaluation will take place before trial, there is an expert specialized in a particular field related to the dispute or controversy who will be invited in order to reccomend possible solution to the dispute. For example if a particular dispute involves traffic incident, and the conflict is about the possibly liabilities and expenses of the said accident, and there concerns is who will be the one to pay of the expenses for the damage on property, then this is the time that they allow a traffic investigator expert to come in to somehow help on the particular issue, to reccomend possible solution for the dispute.
B. It is an continuation if ever there is unsettled or unfinish issues during the early neutral evaluation, mediation or even in an arbitration proceedings. In a mini trial there is no neutral third person, it only has panel of decision makers but if ever both parties insist that there should be a neutral third person then the neutral third person will be the one who will preside the mini trial.
Somoza Rutchell D.
Section A
6th Output
A. Is a process that may take place soon after a case has been filed in court. The expert identifies each sides strengths and weaknesses and provides an evaluation of the likely outcome of a trial.
B. Is a private consensual process where the attorneys for each party make a brief presentations are observed by a neutral advisor and by representatives (usually high level business executives) from each side who authority to settle the dispute.
John Willie David j. Liraza
section:D
1st output
This is a summary of the class from 1:00 to 6 minutes. The successful resolution of a dispute by compromise, negotiation, or a just settlement. They assist parties that are involved in conflicts with other parties; the OADR will look after them and find a simple and successful solution to their problems. Meeting at least some of each side's demands in order to resolve a disagreement or conflict needs and addressing thier interest.
Herrera, Jerico
Section A
1st output
This topic is Dispute resolution and crisis management it is all about implementing The rules and regulations of Republic Act 9285, relating to the topic as we mention about OADR which means office of the alternative dispute resolution is the one who mandates the RA 9285 that need to establish, the purpose of the OADR is to somehow assist to make resolution of Conflict incidents more faster,more efficient and more effective. There are 4 divisions that have been mention on the video First is the secretariat, second Public information and promotion division, third is Training Division and the last one is Records and library Division. The OADR also consist the Advisory Council
1st is the mediation profession 2nd arbitration profession 3rd is ADR organization 4th is IBP and the last is Academe.
Galapate Joemar G.
Section B
6th output
1.) The Early Neutral Evaluation this will takes place before trial wherein there is an expert specialized in a particular field related to the dispute or controversy who will be invited,in addition the parties and lawyer will going to present summaries of their cases.
2.) Mini Trial a structure dispute resulotion method in which the merits of a case are argued before a panel compromising in mini Trial there's no third person, only panel of senior decision-makers.
Ramirez, Roxanne R.
SectionA
6th output
Early neutral evaluation is a process that may take place soon after a case has been filed in court.
A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a trial.
Beverly C. Vilos
Section A
6th Output
A. Based on the discussion Early Neutral Evaluation is an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to represent summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in a substance of a dispute. In other words, When we say Early Neutral Evaluation, we mean that it will happen before the trial. There will be an expert invited who specializes in an area specific to the conflict or controversy. This assessment will help the parties assess their case and possibly lead to a settlement.
B. Mini- Trial means 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.
In other words, there is no such thing as a neutral term person, instead, there is a panel of senior decision-makers. Furthermore, the legislation only allows for a one-hour presentation without interruption, and the rebuttal or sur-rebuttal is limited to 30 minutes. Following the mini trial, the members of the mini trial jury would independently seek a resolution of the conflict.
Cris Anne Reso-or
Section A
5th output
The important notes in domestic arbitration are the venue of the proceedings,the issuance of subpoena etc.The venue of the domestic arbitration can be conducted in an office space, business center, functions room or any other suitable place for Arbitration.Party may represent himself/herself/itself or it can be through a representative in such hearing.No arbitrator shall act as a mediator,an arbitrator must be sworn by any officer aunthorized by law to administer an oath and if he/she will refuse,he/she will be replaced.An Early Neutral Evaluation will take place before the trial.In Early Neutral Evaluation, there is an expert specialized in a particular field related to the dispute or controversy who will be invited.
Somoza Rutchell D.
Section A
5th Output
No arbitrator shall act as a mediator in any proceeding even if request by the parties, before assuming the duties of his or her office , an arbitrator must be sworn by any officer authorized by law to administer an oath. If the arbitrator shall refuse to take an oath or affirmation he/she shall be replaced.
An ADR process wherein parties and their lawyers ar bought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assesment by an experienced.
Catalan Anthony J.
Section C
First output
DISPUTE RESOLUTION AND CRISIS MANAGEMENT RULES AND REGULATIONS OF REPUBLIC ACT 9285. As we mentioned about the 'OADR' Office of the alternative dispute resolution is the one who mandates the RA 9285 that need to establish. The purpose of the OADR is to somehow assist to make the solution of conflict incident more faster more efficient and more effective. The following Divisions of the OADR is secretarial, public information and promotion division training division and record as library division. And the functions of the division of the OADR is the secretarial shall provide necessary support and discharge such other functions and duties as may be directed by the executive director. And the public information and promotion division is shall be change with the dissemination of information, the promotion of the importance and public acceptance of mediation, conciliation, arbitration. Or any combination thereof. And other ADR forms a means of achieving speedy and efficient means of resolving the all disputes. As we all know there's a differentiation of mediation, conciliation, and arbitration, Mediation the agreement is executed by the parties, Conciliation requires a third party by giving the solution too the dispute, and the arbitration is the agreement executed by the arbitrators. Ans the training division is the ADR service provider these are the institutions the person who ate qualified to mediate and to arbitrate to the dispute. The last division is record and library division shall be charge with the establishment and maintenance of a central repository of ADR laws.
Gravador, April Rose G.
Section C
6th Output
A. Is a process that may take place soon after a case has been filed in court. The expert identifies each sides strengths and weaknesses and provides an evaluation of the likely outcome of a trial.
B. Is a private consensual process where the attorneys for each party make a brief presentations are observed by a neutral advisor and by representatives (usually high level business executives) from each side who authority to settle the dispute.
Ramirez,Nikki
Section-A
6th output
A. Based on what is discussed, An Early Neutral Evaluation is an ADR process wherein parties and their lawyers brought early in a pre-trial to present summaries of their cases. Early Neutral Evaluation means, it takes place before trial.
B.Mini-trial is a structured dispute resolution method in which the merits of a case are argued before a panel comprising of Senior decision-makers.
So Early Neutral Evaluation is different from Mini-trial because in Mini-trial there is no such that what we called Neutral Third person, but only Panel of Senior decision-makers.
Ryan G. Quillano
Section B
6th Output
A. Early Neutral evolution, an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute.
B. Mini- Trial, means a structured dispute resolution method in which the merits of a case are argued before a panel comprising senior decision makers with or without the presence of a neutral third person after which the parties seek a negotiated settlement.
Redil , Sharina A.
Section A
Output 6
Early Neutral Evaluation is a process that happens before the final were in the involved parties together with their lawyer will undergo a pre-trial phase. Early Neutral Evaluation takes place before start of trial.
Mini-trial is a structured dispute resolution method in which the merits of a case argued before a panel comprising of senior decision- makers , with or without the presence of a neutral third person , before which the parties seek negotiated. Mini trial a panel of senior decision-makers are present unlike in Early Neutral Evaluation it involves a third person. But the exception for the mini trial according to its provisions a third person can participate on the mini trial only if the both parties are agree or insist having a third person, in that case the third person who one to preside in the mini trial.
CHRISTIAN M. PAPASIN
Section B
6th Output
A. What is Early Neutral Evaluation?
■Early Neutral Evaluation is an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of a dispute. So when we say Early neutral evaluation this will takes place before trial. So what will happened to early neutral evaluation? there is an expert specialized in a particular field related to the duspute or controversy who will be invited. For example if a particular dispute involves liked Traffic Incidents.
B. Explain what is mini - trial?
■Mini-trial means a structured dispute resolution method in which the merits of a case are argued before a panel comprising of senior decision-makers, with or wothout the presence of a neutral third person, before which the parties seek a negotiated settlement. A Mini-trial shall be governed by the rules and procedure agreed upon by the parties. A Mini-trial also conducted either as a separate dispute resolution process, a continuation of mediation, neutral or early neutral evaluation or any other ADR process.
Maricris Baron
Section A
3rd Output
A. What is an award?
> An award is a form of writing signed by the arbitrator or arbitrators given by the two parties who are agreed and has its closure.
B. Enumerate the powers of the arbitral tribunal.
> Require any person to attend a hearing as a witness.
> Subpoena witnesses and documents.
> Require the retirement of any witness during the testimony of any other witness.
C. Enumerate the form and contents of the award.
> The award shall be made in writing and shall be signed by the arbitrator or arbitrators.
> The award shall state a reasons upon which it is based.
> The award shall state its date and the place or arbitration.
> After the award is made a copy signed by the arbitrators shall delivered to each party.
D. Enumerate the grounds for the termination of the arbitration proceedings.
> The claimant withdraws his/her its claim;
> The parties agree the termination of the proceedings;
> The arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
Berjamin Jayson B.
Section B
5th output
It is being discussed the important notes in domestic arbitration like the venue of the proceedings.
Early trial evaluation is the same with domestic and international arbitration where both parties can select their own arbitrators. The purpose of early trial evaluation is for the both parties to come with a agreed solution so they don't need to bring their cases to the court.
Markee Lee C. Tubil
Section C
6th output
A. Early Neutral Evaluation refers to an evaluation made before a specific trial. In this stage , there is a presence of an experience, "neutral" person whose specialization is related to the subject in the substance of a dispute.
For example, a nurse has been suspected of conducting a malpractice to her patient. Before proceeding to a trial in court there must be a conference first between the nurse, the victim , head nurse and the doctor (neutral persons) to check whether or not the nurse committed a malpractice act.
B. A mini trial is the opposite of the early neutral evaluation wherein , the neutral person is no longer important in the situation. It means that the important contributing factor now is the senior decision-maker before which the party seeks to negotiate for proper settlement.
Abarial,Alliah Q.
Section D
4th output
1. Domestic arbitration is a local arbitration proceedings. When one or more person are appointed to hear a case that takes place within one jurisdiction.
2. Yes, Domestic and international arbitration has the same process on the selection of arbitrators, the domestic arbitration, the parties are free to determine the number of arbitrators the same with international arbitration.
3. Subpoena duces tecum the person is required to submit a document that contain evidences while subpoena ad testificandum it is an order for a person to submit or testify in the court.
Bael, Razel R.
Section-C
Last Output
It talks about Mini trial. Mini trial is a private consensual process where the attorneys for each party make a brief presentations are observe by a neutral advisor and by representatives executives from each side who have authority to settle the dispute.
Mediation and arbitration , Med-Arb is a two-step dispute resolution process involving mediation and the followed by arbitration.
Flores, Brylle Joshua O.
Section A
1st Output
The discussion is about Implementing Rules and Regulations of RA 9285. The Division of the OADR is divided into 4, these are the SECRETARIAT, PUBLIC INFORMATION AND PROMOTION DIVISION, TRAINING DIVISION, and RECORDS AND LIBRARY DIVISION. Each of them has its own different functions. On the other hand the OADR also consist of an advisory council. The composition of the advisory council are the following: MEDIATION PROFESSION, ARBITRATION PROFESSION, ADR ORGANIZATIONS, IBP, and ACADEME. The role of the advisory council is to advise the Executive Director on policy, operational and other relevant matters. The Council shall meet regularly, at least once every two months, or upon call by the Executive Director.
Aehron John Yocor
Section B
Last Output
The 40th to the last minute about the video still talks about the mini trial. The duration of the mini trial unless both parties decide how long the presentation in chief without interruption shall be made in an hour. Thirty minutes is given for a rebuttal or sur-rebuttal after the presentation the mini trial members may ask questions or clarifications from any of the presentors after the mini trial the mini trial member may start talking and decide, possible settlements and negotiate a settlement for the dispute just by themselves. Another ADR process is the mediation-arbitration, med-arb is a two step resolution process involving first the mediation and then the arbitration. Take note mediation and arbitration are different so this process is like the combination of these two ADR processes so to recap mediation is a process where both parties are the one to decide a settlement, and only assisted by a third party while a arbitration is where both parties will pick and choose the arbitrators which then will arrive at a decision of a settlement of the dispute in a form of an arbitral award. According to R.A 9285 still the parties will decide the rules and procedure and mediators who didn't reach the agreement which resulted to a failed mediation is not allowed to participate or act as an arbitrator but there still there is an excemption if both parties agree for that mediator function and if there is a written document and if there is an agreement then the mediator may still act as an arbitrator according to R.A 9285. So in the whole duration of the video we learned about the different ADR processes which is the mediation, arbitration, early neutral evaluation, mini trial and the mediation-arbitration which in common is that their main purpose is to solve disputes and that there are all under the law R.A 9285 "Alternative Dispute Resolution.
Randolf A Arada
BScim II
Section C
1st output
this is my summary at 1:00 to 6:00 mins of the class. The settle of the disagreement peacefully by way of compromise, negotiation or fair settlements. They help the parties who have disputes with other parties, the OADR will take care of them and to make a quick and effective resolution
to put an end to their disputes. Resolving a dispute or a conflict by meeting at least some of each side's needs and addressing their interests. Alternative dispute resolution methods are becoming preferable due to the need to move away from crowded courtrooms, increasing litigation costs, and the delays experienced in courts before judgment is delivered.
Neil John T. Alaban
Section A
1st output
In the 1st-6th minutes of the discussion, it talks about implementing rules and regulations of Republic Act 9285. The divisions of the OADR are Secretariat, Public information and Promotion Division, Training Division, and Records and Library Division. The purpose of the OADR is to assist to make the solution of conflict incidents more faster, more efficient, and more effective. The OADR means Office of Alternative Dispute Resolution. It is an attached agency of the Department of Justice which was created pursuant to Republic Act No. 9285. The OADR is also consist of the Advisory Council. The composition of the Advisory Council of OADR are Mediation Profession, Arbitration Profession, ADR organizations, IBP and Academe.
Galapate Joemar G.
Section B
5th output
The importance in Domestic Arbitration are the following ' The venue of the proceedings, the issuance of subpoenas'. Domestic Arbitration can be conduct function room, office space , business or other places for arbitration. No arbirator shall act as a mediator, an arbirator must be sworn by any authorized officer by law administer an oath, if he/she will refuse, or replaced. An early neutral evaluation it happen before the preliminary. The early neutral evaluation is to decalogue,limited on the part of court pillar.
Maricris Baron
Section A
4th Output
A. What is domestic arbitration?
> Domestic arbitration is a controversy cannot be arbitrated where one of the parties to the controversy is an infant, or a person judicially declared to be incompetent, unless the appropriate court having jurisdiction approved a petition for permission to submit such controversy to arbitration made by the general guardian if the infant or of the incompetent.
B. Are the processes for the selection of arbitrators in the domestic arbitration the same with the processes with international arbitration? support your answer.
> The processes for the selection of arbitrators in the domestic arbitration is different from the process with in the international arbitration, because when we say domestic arbitration, it talks about the Philippine territory only or the arbitration proceeding is a local.
C. As discussed, what is the difference between subpoena duces tecum and subpoena ad testificandum ?
> Subpoena ad testificandum it is an order by the court, ordering a person to submit or to testify in the court. Meanwhile the subpoena duces tecum the person is required to submit a document, and this document contains of the evidences.
Brillantes Reymart J
Section A
2nd output
A. The parties are free to determine the number of arbitrators failing such determination, the number of arbitrators shall be three. So in other words each party shall appoint one arbitrator they choose , meaning the two parties have their own arbitrator, And the parties will choose to select who will be in the position.
B.Appointing authority
C.The ground for the termination of the services of an arbitrator. Will actually if the arbitrator unable to perform his/her function or for other reasons fails to act with delay his/her mandates terminates if he/she withdraws from his/her office or if the parties agree on the termination.
Berjamin Jayson B
Section B
Last output
The continuation of mini trial where is is being discussed that there is no need for the presence of third person but only the decision makers. The mini trial panel members may ask any clarification from any of the presentors.
Mediation-arbitration is being discussed also where it is governed with rules and procedures agreed by the parties. It is a combination of mediation in first phase and second phase is arbitration.
Peter John Labe
Section D
4th Output
A. Domestic Arbitration is a form of alternative dispute resolution (ADR) in which one or more individuals are assigned to hear a case that occurs within a single jurisdiction. The award is legally binding and enforceable.
B. Yes, both provisions are similar in that the parties are free to choose how many arbitrators they want. In the absence of such a determination, the arbitrators' digit should be 3. Furthermore, the number of arbitrators must be determined by consensus between two parties.
C. When we talk about "subpoena duces tecum," we're talking about a person who is forced to submit documents such as evidence, while "subpoena and testificandum" is a court order that requires a person to submit documents and testify in court.
Toquero Junrey T.
Section D
Output 4
A. The domestic arbitration is a form of alternative dispute resolution (ADR) where one or more persons are appointed to hear a case that takes place within one jurisdiction the word is binding and enforceable in court.
B. Yes the process for the selection of arbitrators in the domestic and international arbitration is the same. The parties are free to determine the number of arbitrators.
C. The difference between subpoena duces tecum and subpoena ad testificandum, the subpoena duces tecum required a person to submit a documents that contains evidence and subpoena ad testificandum is an order from the court a witness to testify in the court.
Cejay Y. Agir
Section B
1st Output
In the discussion of the 1st to 6th minute video it talks about the
OADR or the Office of the Alternative Dispute Resolution. It also talks about implementing the rules and regulation of republic Act 9285. The discussion talks about the division of OADR that composed of the following: Secretariat, Public Information and Promotion Division, Training Division, Records and Library Division. And the advisory Councel of OADR are the following composition: Mediation profession, Arbitration profession, ADR Organization, IBP also known as Integrated Bar of the Philippines and Academe. The Main purpose of ADR is to achieve speedy and efficient in resolving all disputes.
Cejay Y. Agir
Section B
2nd Output
A. The process should be the arbitrators, each party shall appoint only one arbitrator and the two arbitrators that is appointed shall appoint the third arbitrator.
B. Appointment shall be made, upon request of a party, by the appointing authority, the appointing authority will choose the arbitrators.
C. If an arbitrator unables to perform his/her functions or for other reasons fails to act with delay, his/her mandate terminates if he she withdraws from from his/her office or if the parties agree on the termination. Otherwise, if the controversy remains concerning any of these ground, any party may request the appointing authority to decide on the termination of the mandate.
Fritz B. Garcia
Section D
Output 2
A. Each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator
B. If the parties are unable to agree on the arbitrator, he/she shall be appointed, upon request of a party, by the appointing authority
C. If an arbitrator becomes unable to perform his/her functions or for other reasons fails to act with delay, his/her mandate terminates if he/she withdraws from his/her offuce or if the parties agree on the termination.
Omar B. Balingit
Section B
4th output
A- A controversy cannot be arbitrated where one of the parties to the controversy is an infant, or a person judicially declared to be incompetent, unless the appropriate court having jurisdiction approved a petition for permission to submit such controversy to arbitration made by the general guardian of the infant or of incompetent.
B- No because domestic arbitration is one concerned with purely notional or domestic issues. This means, in general terms that all aspects of the arbitration proceedings are related to a single jurisdiction. For example, the nationality of the parties , the governing law of the contract, the place of performance of the contruct and the facts giving rise to the dispute will all relate to the same jurisdiction. An international arbitration, on the other hand will reach beyond the borders of a single jurisdiction. Brodly speaking the domestic laws of different jurisdictions,adopt one of three different approaches to determining whether an arbitration is truly international first, the nature of the dispute approach, second the party nationality approach , third the hybrid approach.
C- A Subpoena duces tecum or also called Subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or the tangible evidence for use at a hearing or trial. Subpoena ad testificandum which is a write summoning a witness to testify orally. However unlike the letter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court. In most jurisdiction a subpoena usually has to be serve personally.
Jerson lobo padura
Section B
6th output
A) An ADR process wherein parties and their lawyer are brought together early in pre-trial phase e to present summaries of their cases and receive a nonbinding assessment by an experienced. Neutral person. With expertise in the subject in the substance of a dispute
B) means structured dispute resolution method in which the merits of a cases 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
Santillan, Jaymark A.
Section A
2nd output
A. If both parties agreed to select 3 arbitrators, but has disagreement as to who will fill-in in the positions, what would be the process of the selection?
-If all sides have decided to have three arbitrators but cannot agree about who would be named as arbitrator, the law specifies that each party will nominate one arbitrator, which means the complaining party would appoint one arbitrator and the guilty party would still appoint one arbitrator in the case where they already have two arbitrators and only one arbitrator is absent, the two arbitrators who have already been named will now appoint the one arbitrator who is needed.
B. If both parties agreed to have only one arbitrator, but fails to agree as to who will fill-in in that position, who will make an appointment?
-If the parties cannot agree on naming a single arbitrator, the Appointing Authority is tasked with making the appointment. This is an individual who is approved by the arbitration agreement to make the appointment.
C. What is the ground for the termination of the services of an arbitrator?
-If the arbitrator is incapable of performing his or her duties or functions as an arbitrator, or if the parties have decided on his or her termination, the parties may petition the appointing authority for a decision on the arbitrator's termination.
TABAÑERA , RODIMAR D.
SECTION C
6TH OUTPUT
1. Early Neutral Evaluation is a process that may take place soon after a case has been filed in court. If the parties are unable to select a neutral thrid person or appointing authority to make the appoinment. In other words when we say Early Neutral Evaluation we mean that it will happen before the trial.
2. Mini - trial is private conversation between the two person with there own attorneys. It is a settlement process in which the parties present highly summarized version of their respective cases to a panel of officials who represent each party.
Fejay B. Garcia
Section B
4th Output
1.
- Domestic Arbitration is a form of alternative dispute resolution (ADR) where one or more person(s) are appointed to hear a case that takes place within one jurisdiction. The award is binding and enforceable in court.
2.
- No, Because when it is say domestic arbitration it is only for the territory of the Philippines or local only the procedings.
3.
- So, in the Subpoena ad testificandum it is the order of the court ordering the person to submit or testify the court while in Subpoena duces tecum that means the person is required to submit a document contain with evidences then so, again Subpoena duces tecum it is an order from competent authority to a direct person to submit particular document
Bael, Razel R.
Section-C
1st output
The 1st-6th minutes of the discussion it talks about the Alternative Dispute Resolution (OADR) is the process or procedure use to resolve a dispute or controversy, which includes arbitration, mediation and conciliation. It is hereby declared the policy of the state to actively promote party autonomy in the Resolution of dispute or the freedom of the parties to make their own arrangements to resolve disputes. The purpose of OADR is to somehow assist is to made Resolution of conflict incidents more faster more efficient and more effective.
Rodriguez, Joycie Fyrra R.
Section B
1st output
In the first 6 minutes discussion it talks about the Dispute Resolution and Crisis management. It is the implementing Rules and Regulations of Republic Act 9285.
OADR stands for Office of the Alternative Dispute Resolution.
OADR has 4 divisions. First is Secretarist, Second is Public Information and Promotion Division, Third is training division and lastly is Records and library Division.
Each division has its own functions and plays an important role. Its mandates are to promote, develop and expand the use of alternative dispute resolution in the private or public sectors.
OADR also have an advisory council. Composition: Mediation profession, Arbitration profession, ADR organizations, IBP and Academe. It's role shall advice the executive director on policy operational and other relevant matter.
Shane Mae Vilan
Section D
6th Output
A. Early Neutral Evaluation is an event that takes place before a trail where both parties with their lawyers brought in for a pre-trial in the presence of an expert or specialist of a specific field regarding the current issue. An expert whose not bias that will give light, explanation to help the issue solved and not make it big.
B. Mini trial is a structured method in which an issue or merits are argued or settled before the parties seek settlement, unlike early neutral evaluation, mini trail has no neutral third person to give them both enlightenment. Mini trail consist of panel of decision makers and vice-versa for early Neutral Evaluation
Bael, Razel R.
Section-C
Output 2
A. According to the law the three arbitrators which will facilitate the proceedings or process.
B. If the parties are unable to agree on the arbitrator, he/ she shall be appointed, upon request of a party by the appointing authority.
C. If an arbitrator unable to perform his/her functions or for other reasons fails to act with delay, his/her mandate terminates if he/she withdraws from his/her office or if the parties agree on the termination. Otherwise, any party may request to the appointing authority to decide on the termination of the mandate.
Toquero Junrey T.
Section D
Output 6
A. The early neutral evaluation based on the discussion there is an expert specialist a particular dispute or controversy to encourage settlement discussion without going to court early neutral evaluation no pane decision makers but they have only a third person.
B. The mini trial no need to have a neutral third person but do you have only a panel of senior decision-makers this is the continuation if there is a lack of mediation in genera mini trial have no 3rd person but there is a exception if in case the two parties they want 3rd person so the third person will preside in trial.
Peter John Labe
Section D
1st Output
The first six minutes of the video presentation focus on the R.A. 9285 Implementing Rules and Regulations. There are divisions in this legislation that will aid in the resolution of a conflict or dispute. There is no need for a simple dispute to be heard in court, and the more cases heard in court, the greater the risk of the court being overburdened. The Office of Dispute Resolution (OADR) has a purpose and serves a function. Each division is critical in resolving disputes.
Bael, Razel R.
Section-C
Output 6
1. Early Neutral Evaluation is the process wherein parties and their lawyer are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person with expertise in the subject in the substance of a dispute. The purpose of Early Neutral Evaluation is to minimize the overloading to the part on court pillar.
2. Mini trial is a private consensual process where the attorneys for each party make a brief presentations are observe by a neutral advisor and by representatives usually high level business executives from each side who have authority to settle the dispute.
Eunice Dawn B. Melon
Section A
6th Output
A. Early Neutral Evaluation is a process which precedes litigation. You may have heard it referred to as a private judging - which is quite an apt description. In this case, both parties appoint an evaluator, who will be impartial like a mediator or judge. The evaluator will look at both sides of a case and tell you what the outcome would be if you took it to court. You can then progress your settlement negotiations with this in mind. It is an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of a dispute it basically means it happens before trial or the trial is not yet starting.
B. The Mini- trial means a structured dispute resolution method in which the merits of a case argue before a panel comprising of senior decision maker in mini trial no neutral third person it only a panel senior decision maker mini-trial shall be governed by the rules and procedure agreed upon by the parties. Mini-trial is a continuation if not enough to the mediation or early neutral controversy it is conduct by mini-trial.
Antonette Faye O. Toro
Section A
1st Output
Last discussion we tackled about the introductory topics of the Republic Act. 9285, basically known as the Alternative dispute Resolution. In this episode we will tackle more about on implementing rules and regulations of the law. Office of Alternative dispute resolution is one of the mandates of Republic Act. 9285 or Alternative dispute resolution, its purpose is to somehow assist to make a resolution to a conflict incidents for faster resolution and effectiveness.
There are divisions of OADR according to the law, and these are Secretariat, public information and promotion division, training division and, Records and library Division. In secretariat they are the ones who provides necessary supports and discharge such other functions and duties as may be directed by the Executive Director. In public information and promotion division their functions are to simply disseminate the information promoting the significance and importance of mediation, consolation and arbitration in a speedy and important means of resolving disputes. In Training division - they are the ones who are charged for those person who are under training, and for the formulation of effective standards for the training of ADR practitioners.
and lastly in records and Library Division they are charged with the establishment and maintenance of a central respository of ADR law, rules and regulations, books, articles and other information about ADR not just in the Philippines but also elsewhere. The OADR also consist of an advisory council, these are the Mediation profession, Arbitration profession, ADR organization, IBP or the Integrated bar of the Philippines and lastly the Academe, which personalities coming from universities, colleges or any educational institution. Roles of advisory council is to advise the executive director on policy, operational and other important matters.
Jamer,Angelo C.
Section D
6th output
A. Early Neutral Evaluation is a process that may take place soon after a case been filed in court .The expert identifies each sides strengths and weaknesses and provides an evaluation of the likely outcome of atrial.
B. A Mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a trial. The presentations are observed by a neutral advisor and by representatives (usually high-level business executives) from each side who have authority to settle the dispute.
Bael, Rocky R.
section- C
2nd output
A- If both parties agreed to select 3 arbitrators, but has disagreement as to who will fill-in in the positions, the process of the selection would be the two parties should choose an arbitrator. The two arbitrators chosen by two parties will appoint a third arbitrator then the third arbitrator will arbitrate the proceedings.
B- If both parties agreed to have only one arbitrator, but fails to agree as to who will fill-in in that position, the appointing authority will take over the appointment.
C- If the arbitrator fails to perform his function, he will be terminated upon the agreement of the two parties.
Ryan G. Quillano
Section B
7th Output (LAST OUTPUT)
In this discussion, it talks about mini-trial, which the parties may agree that a mini-trial be conducted with or without the presence and participation of a neutral third person. The parties may agree to appoint one or more (but equal number per party) senior executives, or on its behalf to sit as mini-trial panel members. Lastly, the Mediation-arbitration or Med-Arb, a two-step dispute resolution process involving mediation and then followed by arbitration.
Neil John T. Alaban
Section A
Last Output
A. In the mini-trial, the senior executive/s chosen to sit as mini-trial panel members must be duly authorized to negotiate and settle the dispute with the other party. At the date time and place agreed upon, the parties shall appear before the mini-trial panel members. Unless the parties agree on a shorter or longer period, the presentation-in-chief shall be made, without interruption, for one hour. The rebuttal or sur-rebuttal shall be thirty minutes. At the end of each presentation, rebuttal or sur-rebuttal, the mini-trial panel members may ask clarificatory questions from any of presentors. After the mini-trial, the mini-trial panel members shall negotiate a settlement of the dispute by themselves. In the mediation-arbitration or med arb, it is a two dispute resolution process involving mediation and then followed by arbitration. The regulations of a med-arb are; a med-arb shall be governed by the rules and procedure agreed upon by the parties; No person shall having been engage and having acted as mediator of a dispute between the parties, following a failed mediation, act as arbitrator of the same dispute, unless the parties, in a written agreement, expressly authorize the mediator to hear and decide the case as an arbitrator.
Tañara, Mary Joyce N
( Section A)
Sixth Output
(a) Early Neutral Evaluation is typically a non-binding form of alternative dispute resolution which is often without prejudice (in other words hidden from the court) and can help parties avoid further unnecessary stages in litigation.
(b) mini -trial means a structed dispute resolution method in which the merits of the case are argued before a panel comprising of senior decision makers, with or without the prensence of a neutral third person, before which the parties seek a negotiated settlement.
Macalipay Grethel Wink B
Section B
Output 4
1.Domestic Arbitration is a form of alternative dispute resolution (ADR) where one or more person(s) are appointed to hear a case that takes place within one jurisdiction. The award is binding and enforceable in court.
2. No person appointed to serve as an arbitrator shall be related by blood or marriage.
3.The subpoena duces tecum is, in all respects, like the ordinary subpoena ad testificandum with the exception that it concludes with an injunction that the witness shall bring with him and produce at the examination the books, documents, or things described in the subpoena.
Remopalos Charles B.
Section B
1st Output
The first 1-6 minutes of the video was all about
implementing Rules and Regulations of Republic Act 9285.
The Office for Alternative Dispute Resolution
(OADR) is an attached agency of the Department of Justice which was created
pursuant to Republic Act (R.A.) No. 9285 or the Alternative Dispute Resolution
Act of 2004.. In accordance of the Law the
division of the OADR are the following Secretarial, Public Information and
Promotion Division, Training Division and Records and Library Division. The
office of the ADR also consists of an advisory council and the composition of
the ADR to OADR are Mediation Profession, Abitration profession, ADR
organization, IBP and Academe.
Mendaros, Christian P.
Section A
6th Output
A. An early neutral evaluation is an ADR process where in parties and their lawyers brought early in a pre-trial to present summaries of their cases.
B. Minu trial a structure dispute resolution method in which the merits of a case are argued before a panel compromising in mini trial there's no third person.
Sham Earlyn D. Logronio
Section: C
Last Output
1. At the date time and place agreed upon, the parties shall appear before the mini-trial panel members. The lawyer of each party and or authorized representatives shall present his/her case starting with the claimant followed by the respondent. The senior executives chosen to set as mini-trial panel members must be duly authorized to negotiate and settlement dispute with the other party . At the end of the presentations, the representatives attempt to settle the dispute.
Med-Arb family dispute resolution process, that uses mediation and arbitration to try to resolve legal issues without going to court. It depends on the both parties if they would settle it so that it would not go into the court.
Dionesio Cabugason
Section D
6th output
1. Based in my understanding that the early neutral evaluation it's not get to the court directly and have ad process and their submitting there cases they handle.
B.Mini-trial is a structured dispute resolution method in which the merits of a case are argued before a panel comprising of senior decision makers.
Remopalos Charles B
Section B
6th Output
A. Early neutral evaluation takes place before start of trial, there will be an expert specialize in a particular field will be invited to give a statement to a particular issue, this is to minimize workloads in the court of pillars
B.
In mini trial it is a structured dispute resolution method, in which merits of a case are argues with or without the presence of a neutral third person,only a panel of senior decession makers.
Hernandez, John Bryan B
Section B
6th out put
A. Early neutral evaluation is just like in domestic or international arbitration that talked about parties governed the procedure of the early neutral evaluation, it's purpose is to help minimizing the amount of case that is being handled by the court. The third person given only 30 days by the court to submit his opinion, but that opinion is non-binding that makes the early neutral evaluation different to the arbitration.
B. Mini-trial is a structured dispute resolution method using the panel senior decision-makers without the presence of the third person, that is the different of mini-trial to early neutral evaluation.
Mini-trial is the continuation of the early neutral evaluation, which is a case that is not totally solve in early neutral evaluation. But in mini-trial third person can be appointed if the two parties agreed to have. If each party decide to have one or more senior executive, they should have they same number per party, and if the time and place was agreed, each parties shall appear before the mini-trial panel members. Further explanation in mini-trial only one hour was given by the law to the presentation without interruption, and the rebuttal or sur-rebuttal shall be 30 minutes. After the mini-trial, the mini-trial panel members shall negotiate a settlement of the dispute by themselves.
Aljun Calda(Section B)
2nd output
A.According to the law which is the RA 9285, If there is a disagreement between the two parties, each parties would select one arbitrator.The arbitrator selected in each party will provide or appoint the 3rd arbitrator.And I think this is the process of selection.
B.If they fails to agree according to the law, there shall atleast 3 arbitrators which facilitate the proceeding.The appointing authority will make an appointment.
C.The ground for termination if an arbitrator is unable to perform his/her function.
John Paul B. Berjamin
Sec. B
6th output
1. The Early Neutral Evaluation is an ADR process wherein parties and their lawyers are brought together early in pre- trial phase to present summaries of their case and received a nonbinding assessment by an experienced , neutral person, with expertise in the subject substance of a dispute. Early neutral evaluation will takes place before the trial. And there will be an expert on the issue or controversy who will be invited to somehow shed light on a particular issue.
2. Mini trial is a structured dispute resolution method in which 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.
Edroa Jude D. Velonta
Section D
5th output
Domestic arbitration is a form of alternative dispute resolution where one or more person are appointed to hear a case that takes place within one jurisdiction. The 10 minutes video clips sum up the importance of domestic arbitration. It provides the contract between two parties. It talks about the time, place, hearing matters and the person that is authorized in administering the oath. Also, the place where the award should be given. It should be same place where the hearing happened.
Herrera, Jerico
Section A
6th output
A. Bases on what is discussed, what is early Neutral Evaluation?
- Is an ADR process wherein partiesband their lawyears are brought together early in a pre trial phase to present summaries of their case and receive a non biding assessmebt by an experienced, neutral person, with expertise in the subject in the substance if a dispute .
B. Explain what is mini-trial?
- A mini-trial is a private, consensual process where the attorneys for each party make a brief presentation of the case as if at a trial. The presentations are observed by a neutral advisor and by representatives from each side who have authority to settle the dispute.
Ramirez, Nikki
Section-A
Last output
A. As a summary of the 40th to the last minute of the pre-recorded discussion is In addition of Mini-trial in which the senior executive/s chosen to set as Mini-trial panel members must be duly authorized to negotiate and settle the dispute with other party. After the Mini-trial, the Mini-trial panel members shall negotiate a settlement of the dispute by themselves.
Another is the Mediation-Arbitration is a two step process involving mediation and then followed by arbitration. Mediation-Arbitration shall governed by the rules and procedure agreed upon by the parties.
Namacpacan Angelo - C
Last Output
In my understanding mini-trial is a third conflict resolution mechanism in which the parties present their case before a jury of senior decision-makers, with or without the assistance of a neutral third party, in order to achieve a negotiated settlement. For a minute hearing, the parties must agree on the rules and procedure. Many trials will be held as: I a separate dispute resolution procedure; or (ii) a continuation of mediation, neutral or early neutral review, or any other alternative conflict resolution method. Mediation arbitration (med-arb) is a two-step dispute resolution procedure that begins with mediation and ends with arbitration. The two parties execute the agreement reached through mediation. The terms of the arbitration agreement are enforced by the arbitration.
James C. Elloreg
Section A
2nd output
A. If both parties agreed to select 3 arbitrators, but has disagreement as to who will fill-in in the position, each party shall appoint one (1) arbitrator and the two (2) arbitrators thus appointed shall appoint the third arbitrator.
B. If both parties agreed to have only one arbitrator, but fails to agree as to who will fill-in in that position. The appointing authority will be appointed.
C. If the arbitrator unable to perform his/her functions or for other reasons fails to act with delay, his/her mandate terminates if he/she withdraws from his/her office or if the parties agree on the termination. With that failure to do his/her job a substitute arbitrator may replace.
Brian U. Larena
Section B
1st output
For me, the main idea of the 1st to 6 minutes of the recorded discussion is all about the Implementing Rules and Regulations of Republic Act 9285. So we will handle about the elements of every divisions of Office of the Alternative Disputes Resolution. Secretariat offers important help and release, such capacities and obligations coordinated by the Executive Director. Public Information and Promotion Division accused of the dispersal of data, advancement of the significance and public acknowledgment of intervention, appeasement, assertion or any mix, and other OADR structures methods for accomplishing fast and proficient of settling all debates. Preparing division lead of preparing as per such principles, inssurance of affirmations of preparing to OADR experts and OADR specialist co-ops. Records and Library Divisions the foundation and support of a focal storehouse of OADR laws, rules and guidelines, statute, books, articles, and other data about OADR in the Philippines.
6th output
Angel Saguban C.
An ADR process wherein parties and there lawyer's are brought together early in a pre trial phase to present summaries of there case and receive a non biding assessment by an experienced , neutral person with expertice in the subject in the substance of a dispute. Just the same rules with international and domestic arbitration.
A mini trial is a structured dispute resulotion method in which the merits of a case before a panel comprising of a senior decision makers with or without the presence of a third neutral person before which the parties seek a negotiated settlement.
Moreno ,Hermie G.
Section D
2nd output
A.
In this case,according to Republic Act 9285 it depends on how they choose the amount of arbitrators and it depends on the agreement of the two parties.
B.
In this case,according to the law failing such agreement in an arbitration with three arbitrators each party shall appoint one arbitrator and the two arbitrators thus appointed shall appoint the third arbitrator.
C.
If an arbitrator becomes unable to perform his/her functions or other reasons fails to acts with delay his/her mandate terminates if he/she withdraws from his/her office or if the parties agree on the termination.
Adan Stephen c.
Section B
Output #2
A.If both parties agreed to select three arbitrators the process of selection will be selected and the name of the first arbitrator has the authority to fill the seats for second mediator and the third mediator will be chosen by the second authority which are chosen by both parties
B.If in case if the one arbitrator fails to perform his or her function he or she can be terminated upon the agreement of the two parties and if one party will move for the termination of the arbitrator it can be given value by the appointing authority if the arbitrator will be proven that he or she is not doing their functions they can be replaced by the substitute arbitrator.
C.If the arbitrator will unable to perform their functions his or her mandates terminates if they will withdraw on what both parties agreed on the termination or else it will remain concerning of these grounds and a substitute arbitrator may replace
Amil,Raffy Jose V.
Section B
6th output
A neutral evolution takes place before and trial. It shall governed by the rules and procedure agree upon by the parties for instance, there will be an expert specialize in a particular field related to the dispute of controversy will be invited to somehow shed light to the given issues. The purpose of this is to minimize workloads, or even overloading in the court of pillars.
B mini-trials is a structred dispute resolution method in which the merits of a case are argued before a panel comprising of senior decision makers. Early neutral evolution is different from mini trials, because in mini trial there is no such that what we called neutral third person, but only panel of senior decision makers.
Macalipay, Grethel Wink B.
Section B
Output 2
A. As what i have understand it depend on the agreement of two parties, no matter how many arbitrator they will select as long as the two parties agreed it's ok, but if there is no agreement between two parties according to the law there shall be three arbitrator to facilitate the preceding.
B. The appointing authority
C. Any parties may request the appointing authority to decide on the termination of the mandate.
Aljun Calda(Section B)
1st Output
The 1st-6th minutes video presentation talks more about the Implementing rules and regulations of R.A 9285.The part of this law, there are divisions that will help a conflict or the disputes to solve easier and faster.No need for a simple conflict to be in the court, because the more cases to be in the court their is a big possibility that the court became overloaded.The office of the dispute resolution (OADR) has its functions and purposes.each of the divison is important to solve the disputes.
Robert Dominic D Villadolid
Section C
6 output
1 As what sir said that the early neutral evaluation base from my understanding that the early neutral evaluation its not get to court directly and have adr process and their submitting there summary there cases they handle.
2 mini trial is like consensual process where the both attorney have representation for the time of trial on the court.
Lagrama, Marimar P.
Section B
1st Output
As the summary of the discussion in 1-6 minutes is about Alternative Dispute Resolution which tackled about Implementing Rules and Regulations of Republic Act 9285, OADR (Office of the Alternative Dispute Resolution) is one of the mandates of Republic Act 9285 that’s needed to establish. In accordance of the Law the division of the OADR are the following Secretarial, Public Information and Promotion Division, Training Division and Records and Libary Division. The office of the ADR also consists of an advisory council and the composition of the ADR to OADR are Mediation Profession, Abitration profession, ADR organization, IBP and Academe. There is also a role of the Advisory council that shall advice the executive director on policy, operational and other relevant matters. the council shall meet regularly, at least once every two months, or upon call by the executive director.
Macalipay Grethel Wink B.
Section B
Output 3
A. An award could be defined as the final and binding decision made by a sole arbitrator or an arbitral tribunal, which resolves, wholly or in part, the dispute submitted to his/its jurisdiction.
B.
*Require any person to attend a hearing as a witness
*Subpoena witnessed and documents
*Required the retirement of any witness during the testimony of any other witness
C.
*The award shall be made in writing and shall be signed by the arbitrator or arbitrators
*The award shall be taste the reasons upon which is based
* The award shall taste its date and the place of arbitration
* After the award is made, a copy signed by the arbitrators shall be delivered to each party.
D.
* The claimant withdraws his/her/its claim.
* The parties agree that termination of the proceeding
* The arbitral tribunal finds that the continuation of the proceedings has for any other reasons become unnecessary or impossible.
Mendaros, Christian P.
Section A
4th Output
A. Domestic Arbitration is a form of alternative dispute resolution (ADR) where one or more person are appointed to hear a case that takes place within one jurisdiction. The award is binding and enforceable in court.
B. Commercial contracts will commonly include provision for how disputes relating to that contract are to be resolved. If the parties choose arbitration, the arbitration agreement will generally be part of the document recording the terms of the commercial transaction. Parties can also enter into an arbitration agreement after a dispute has arisen.
C. The subpoena duces tecum is, in all respects, like the ordinary subpoena ad testificandum with the exception that it concludes with an injunction that the witness shall bring with him and produce at the examination the books, documents, or things described in the subpoena.
Moncida Renz Namoco
Section C
6th output
A) based on discussion an Early Neutral Evaluation is An ADR process in parties and their lawyers brought in pre- trial to present summaries of their case
B) Mini-trial is an structured dispute resolution method in which the meant of e case are argued before a panel comprising of Senior Decision makers Early Neutral Evaluation is different from Mini-trial, in Mini trial there is no such that what we called Neutral Thirds person.
Tinay, Charlene M.
Section A
Last Output
A. Summarize the discussion on the topics being discussed
This portion is a continuation of the topic on mini-trial. Therefore, it is clear that parties involve may agree on a mini-trial whose panel will be appointed by each party provided they are equal in numbers. They may choose a neutral third person but they may opt not to. In case they will, such person will preside over the mini-trial. In the absence of the neutral third person, the senior executive/s are to sit as panel members and are authorized to settle and negotiate disputes. On how this will proceed is that the parties are to appear on a particular date, time and place with their respective lawyers and presents the case starting with the claimant followed by the respondent. Presentations-in-chief will be made without interruption for one hour unless there is a prior agreement made regarding the length of time. A rebuttal or sur-rebuttal is to delivered for 30 minutes after which panel member/s may ask clarificatory questions from any of the presenters. After the mini-trial, the panel members shall negotiate a settlement of the dispute by themselves.
The later part of the video is about Med-Arb or Mediation-Arbitration. This is a two-step process which starts with mediation and is followed by arbitration. We have to remember that in mediation, both parties may come to an agreement by themselves while in arbitration, an arbitrator will grant the award to a party. The rules and procedures will agreed upon by the parties themselves. A person who acted as mediator in a failed mediation process is not allowed to sit as arbitrator in the same case unless the parties will agree and authorize that person to sit as arbitrator of the case.
Mendaros, Christian P.
Section A
Last Output
A. This is my summary of the last minute of the pre-recorded discussion is in addition of mini trial in which the senior executive chosen to set as mini-trial panel members must be duly authorized to negotiate and settle the dispute eith other party. The different of mediation and arbitration is that mediation agreed on what two parties executed and the third person will be the one to mediate over this dispute. Another is the mediation-arbitration is a two step process involving mediation and then followed by arbitration. Lastly, the mediation-arbitration is the combination of mediation and arbitration.
Brillantes, Reymart J.
Section-A
5th output
A. Summarize the discussion on the topics other important note in domestic arbitration.
- In domestic arbitration, the arbitrators must act like an arbitrators not as a mediator in any proceeding even it is requested by parties. In the oath taking is a requirement of arbitrators if arbitrators cannot take an oath automatic she/he will be replaced. And the process for the selection of arbitrators in the domestic arbitration is different from the process with international arbitration. In other words when we say domestic arbitration it talks about the philippine territory only for the arbitration proceeding is local. And in early neutral evaluation this will takes place before the trial. In other words there is an expert specialize to a particular field related to the dispute of controversy who will be invited. So possibly the traffic investigator will have to provide their advice and recommendation on a particular to the existing issues.
ROHCLEN S UNTO
SECTION D
1ST OUTPUT
Last Discussion we tackled is about the Republic Act 9285 is our country’s law that provides for Alternative Dispute Resolution. ADR refers to 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 RA 9285, in which a neutral third party participates to assist in the resolution of issues, which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof. The law covers mediation, international commercial arbitration, domestic arbitration, arbitration of construction disputes, and judicial review of arbitral awards (domestic and foreign) That RA 9285 created the Office for Alternative Dispute Resolution under the Department of Justice. Thus, if you are involved in a legal dispute with family members or with some other parties and you do not want to go into court litigation, you can avail of the services of this particular Office. The State actively promotes party autonomy in the resolution of disputes or the freedom of the party to make their own arrangements to resolve their disputes. Towards this end, the State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and declog court dockets. As such, the State shall provide means for the use of ADR as an efficient tool and an alternative procedure for the resolution of appropriate cases.
Likewise, the State shall enlist active private sector participation in the settlement of disputes through ADR. RA 9285 shall be without prejudice to the adoption by the Supreme Court of any ADR system, such as mediation, conciliation, arbitration, or any combination thereof as a means of achieving speedy and efficient means of resolving cases pending before all courts in the Philippines which shall be governed by such rules as the Supreme Court may approve from time to time. It means institutions or persons accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in any Alternative Dispute Resolution system. This is without prejudice to the rights of the parties to choose non-accredited individuals to act as mediator, conciliator, arbitrator, or neutral evaluator of their dispute. Whenever referred to in RA 9285, the term ADR practitioners shall refer to individuals acting as mediator, conciliator, arbitrator or neutral evaluator. Like 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 RA 9285, resolve a dispute by rendering an awards before..
Namacpacan Angelo-Section C
In the 1st to 6th minutes it is about what the Office for Alternative Dispute Resolution.- Is an attached agency of the Department of Justice. Its mandates are to promote, develop and expand the use of alternative dispute resolution (ADR) in the private and public sectors. It was created pursuant to Republic Act R.A No. 9285.
They envision an enlightened society that rises above conflicts and empowers parties in making arrangements to settle their own disputes. The OADR will be a dynamic policy making body that aligns itself with global trends.
Kent Earl K. Partosa
Section B
1st output
This is about the Office Alternative Dispute Resolution . Its division Secretariat , Public Information and Promotion division ,training division, Record and library division . Every division has its own regulations and important every one of them . At around 1-3 minutes division secretariat and public information is being discuss . And in 4-6 minutes the rest of the division is being discuss and their differences.
Jahzeel Vanne V. Badon
Section D
1st Output
The topic in the first 1-6 minutes of the video was all about implementing Rules and Regulations of Republic Act 9285. We also tackled about the Office of the Alternative Dispute Resolution (OADR), the following divisions of OADR are: The Secreteriat, second is the Public Information and Promotion division, the third one is the Training Division, and the last one is the Records and Library division.
Kaile Darcy L. Briones
Section B
Last output
A.summarize the discussion on the topics being discussed
-Mini-trial most resembles a mediation hearing, in that there is a presentation by each party of a summarized version of his or her case to a panel of persons for the purpose of resolving or settling the dispute. Also like mediation, the parties are generally not bound to an outcome, and may end the process at an impasse. However, there is one important difference between a mediation and a mini-trial. In mediation, the mediator is a neutral third party who does not take the side of either party, but instead tries to facilitate open communication between the parties themselves in order to achieve compromise and settlement.
Lagrama, Marimar P.
Section B
2nd Output
A.According to the Law there shall be 3 Arbitrators which will facilitate the proceedings. Both of them shall agree on how much arbitration, if both of them still disagree, who will facilitate arbitration proceedings . So according to the law they must have 3 arbitrators. Furthermore, the Law provides for failure of disagreement arbitration with 3 arbitrators. It will happen that the one parties shall choose the arbitrator that they choose and the second parties will also appoint 1 arbitrator and the third arbitrator shall re appointed by the arbitrator to arbitration chosen by the two parties.
B. If the parties are unable to agree on the arbitrator, he/ she shall be appointed, upon the request of a party, by the appointing authority.
C. If one of the arbitrators fails to perform his/her function there is still possible that he/she would be terminated.
Garcia, Fejay B
SECTION B
2nd Output
A. Yes, through according to R.A 9285 it depends on the amount of they choose 3 or 4 arbitrators on the agreement of both parties so, if the both parties did not agreed or reject to who will fill - in in that positions as what on the discussion also in the module written and to the law. Failing such determination, the number of arbitrators shall be three (3) which will continue to the process of proceedings.
B. It is clearly that the appointing authority will take over the proceedings or the appointment if the both parties will not agreed to have only 1 arbitrator, so that's why the appointing authority will take over.
C. If that case as what also found on the module and the discussion as what written there " Failure or Impossible to act" as what written. If an arbitrator becomes unable to perform his/her functions or for other reasons fails to acquit delay, his/her monday terminates if he/she withdraws from his/her office or if the parties agree on the termination. Otherwise, if the controversy remains concerning any of these grounds, any party may request the appointing authority to decide on the termination of mandate, which decision shall be immediately executory and not subject for motion for reconsideration or appeal
Note: A substitute arbitrator may replace
Sidello, Aljun I.
SECTION B
Output 1
My summary about the 1-6 minutes of the video was all about implements rules and regulations of Republic Act 9285 the first discussion we talk about the OADR (office of the alternative dispute resolution ). They have 4 divisions of the OADR the Secretariat,Public Information and Promotion Division, Training Division and Records and Library Division this 4 divisions have also a function according to the discussion.The advisory council and the composition are the Medration profession,Arbitration profession,ADR organization, IBP and acade and the advisory council have also a rule.