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What is Philippine ADR Provider? Philippine ADR Provider is a stock, profit and private corporation engaged in settling disputes through the varied modes of alternative dispute resolution. ADR Provider' is either a person or an institution commissioned to act as neutral(s) tasked to deliver determining processes through an Alternative Dispute Resolution system designed to actively resolve or terminate an existing dispute. Such person or institution may be accredited or non-accredited. Who can avail of its services? Any party or parties willing to go through the process of opting for any of the several modes of alternative dispute resolution. What kind of dispute may be filed to PAPI? •A. Criminal-Civil Aspects Physical Injury; Slander/Defamation; Damage to Property/Malicious Mischief; Vehicular Accident; Robbery/Theft
•B. Civil Settlement of Estates; Money Collection; Land Disputes; Unlawful Detainer/F. Entry; Specific Performance; Sexual Harassment and/or VAWC
•C. Labor Illegal Dismissal; Unfair Labor Practice; Violation of Labor Standards; Unpaid Benefits; Damages
•D. Others Corporate; Commercial; Intellectual Property What cases are not ADR-able? The guilt or innocence of a criminal as well as election contests and most other cases where public interest and concern are paramount may not be subjected to an alterative dispute resolution process. Section 6 of Republic Act 9285 (ADR Law of 2004) states that the Act shall not be applicable as well to labor disputes covered by the Labor Code; the civil status of a person including the validity of a marriage and any ground for legal separation; the jurisdiction of courts; future legitime and those which by law cannot be compromised. What are the advantages of going through ADR?
a). Less costs in fees: filing fees, attorney's fees and other. b). Less time involved. c). Ability to choose neutral (arbitrator/mediator). d). Less formality in proceedings. e). Choice in time/manner proceedings are to be conducted. f). Ability to choose venue/place of proceedings. g). Execution of agreement/award is secured. h). Generally no appeals. i). Choice in determining neutral arbitrator/mediator. j). Structured settlement agreement/award possible. Does PAPI and the Neutrals charge fees? PAPI charges filing fees (computed in accordance with the amount involved in the case), assistance fees and hearing room fees (when applicable). An advanced deposit equivalent to two hours study fee and two hours hearing fee shall be required from party litigants unless their matter had been classified either by PAPI as free, gratis, or pro bono. What happens if a party to a settlement did not comply with his/her part of the agreement? A party who raises an issue of conflict or complains against another party for breach or non-compliance with any of the provisions set forth in these rules shall first bring the matter for resolution in an ADR proceeding before any ADR provider of mutual choice within the Republic of the Philippines. How are the Neutrals chosen? Unless assigned by PAPI for failure to timely choose and nominate their primary Neutral, it is understood that the nominated chosen Neutral is the voluntary and mutual choice of the party clients. It is emphasized that party clients choose their Neutral they both can fully trust. All qualifications of PAPI Neutrals are listed in the Neutral's Information Sheet which will be furnished to all party clients for their review and appropriate use in selecting their Neutral. All questions regarding any qualifications of any Neutral of PAPI should be addressed directly and solely to PAPI. What happens if a party if a party chooses a Neutral outside of PAPI? Should party clients opt to choose a Neutral not included in the PAPI list, such Neutral will, in addition to submitting a written consent to serve as Neutral, have to register pertinent information to PAPI and who shall, as far as practicable, adhere to these rules, regulations and procedures.
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