HUMIWAT, NELZA MAE D.

2B; ADR

ALTERNATIVE DISPUTE RESOLUTION IN THE PHILIPPINES

Alternative Dispute Resolution (ADR) is an option that is becoming more and more popular which
allows people to resolve their disputes outside of the court in a comprehensive and cooperative way. ADR
is an approach that is quick, less stressful, and cheaper than going to court. ADR processes refer to a
variety of action that can help parties resolve their disputes. The ADR processes include mediation,
arbitration,
neutral
evaluation,
and
collaborative.
In the Philippine setting today, amicable settlement of litigious cases is a highly efficient and
effective instrument in the settlement of disputes, even history can tell. It came out to address the problem
of judicial delays. Since we cannot go away with conflicts within our own society, ADR can be an effective
tool in settling disputes. It is mostly observed in our own small community wherein the Barangay officials
together with the elders and the parties involve help hand in hand to settle every controversy rather than
resolving to litigation. With this practice, the confidentiality of the case is preserve also with the future
relationship of the parties after the amicable settlement thus both parties may still live their life and move
on, whereas in litigation, after the court proceedings, the relations of both parties cant be compromise. As
decades pass by with the progress of civilization, physical fighting has been ruled out and instead, the
restoration of public tranquility has been evolved.
The use of courts in settling disputes in our country sometimes discouraging and most of us are
being dissatisfied despites the increase of number of cases being resolve through litigation because of
the very slow and costly process of litigation, rigidity of the rules, adversarial system of courts and the
inadequacy of legal solutions in solving high profiled cases or complex issues. However, these factors
encourage the promotion of ADR.
As future lawyers, as integral part of the judicial system, we must also take part in encouraging
disputants to avail ADR in dispute resolution since one of our court problems today is the clogging of court
dockets also, to explain the benefits of such to them. We must consider also inter-personal relations and
our own cultures and values, thus we should contribute in promoting viable alternative solutions not
contrary to law, public morals, and public policy to provide the parties proceedings which lessen
humiliation, confrontation, and a longer lasting solutions that would bind the parties especially their future
relations. We must not only think of ourselves getting paid in helping the parties resolving their problems
but we must consider our primary role that in all our actions we must adhere to the principle of justice and
fairness.