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Print articleGetting the Deal Through – Mediation 2013
April, 2013 - Ricardo Ma. P.G. Ongkiko, Joan A. de Venecia, and Jon Edmarc R. Castillo
Law and institutions-1. Treaties Is your country a signatory to any treatises that refer to mediation? Is your domestic mediation law based on a treaty? The Philippines is currently not a party to any treaties that refer to mediation.
2. Domestic mediation law
What are the primary domestic sources of law relating to domestic and foreign mediation? Are there any differences for the mediation of international cases?
For voluntary mediation, the Philippine Congress passed Republic Act No. 9285 or the Alternative Dispute Resolution Act of 2004 (the ADR Law), which, inter alia, prescribes rules governing voluntary mediation, whether ad hoc or institutional, other than court-annexed. On the other hand, for court-annexed mediation, the Philippine Supreme Court -- pursuant to article VIII, section 5 of the Philippine Constitution, which authorises the Supreme Court to promulgate rules for the enforcement of constitutional rights, which rules shall provide for simplified and inexpensive procedure for the speedy disposition of cases -- issued AM No. 11-1-6-SC-PHILJA, providing guidelines for the mediation process through the court-annexed mediation (CAM) programme in the trial courts up to the appeals court level (the Revised Guidelines).
3. Mandatory provisions
Are there provisions of domestic mediation law that must be considered in mediation?
Yes. The ADR Law treats information obtained through voluntary mediation as generally privileged and confidential; however, the guarantee of confidentiality may be waived by the mediation parties. Moreover, the ADR Law provides that an agreement to submit a dispute to mediation by an institution shall include an agreement to be bound by the internal mediation and administrative policies of such institution, and that an agreement to submit a dispute to...
PHILIPPINES
Ricardo Ma P G Ongkiko, Joan A de Venecia and Jon Edmarc R Castillo
SyCip Salazar Hernandez & Gatmaitan
Read the rest of the publication by downloading the PDF from the SyCipLaw website.
2. Domestic mediation law
What are the primary domestic sources of law relating to domestic and foreign mediation? Are there any differences for the mediation of international cases?
For voluntary mediation, the Philippine Congress passed Republic Act No. 9285 or the Alternative Dispute Resolution Act of 2004 (the ADR Law), which, inter alia, prescribes rules governing voluntary mediation, whether ad hoc or institutional, other than court-annexed. On the other hand, for court-annexed mediation, the Philippine Supreme Court -- pursuant to article VIII, section 5 of the Philippine Constitution, which authorises the Supreme Court to promulgate rules for the enforcement of constitutional rights, which rules shall provide for simplified and inexpensive procedure for the speedy disposition of cases -- issued AM No. 11-1-6-SC-PHILJA, providing guidelines for the mediation process through the court-annexed mediation (CAM) programme in the trial courts up to the appeals court level (the Revised Guidelines).
3. Mandatory provisions
Are there provisions of domestic mediation law that must be considered in mediation?
Yes. The ADR Law treats information obtained through voluntary mediation as generally privileged and confidential; however, the guarantee of confidentiality may be waived by the mediation parties. Moreover, the ADR Law provides that an agreement to submit a dispute to mediation by an institution shall include an agreement to be bound by the internal mediation and administrative policies of such institution, and that an agreement to submit a dispute to...
PHILIPPINES
Ricardo Ma P G Ongkiko, Joan A de Venecia and Jon Edmarc R Castillo
SyCip Salazar Hernandez & Gatmaitan
Read the rest of the publication by downloading the PDF from the SyCipLaw website.
Footnotes: The downloadable copy is reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Mediation, (published in October, 2012; contributing editor: Renate Dendorfer-Ditges of Heussen Rechtsanwaltsgesellschaft mbH). For further information, please visit www.GettingTheDealThrough.com. |
