ALTERNATIVE DISPUTE RESOLUTION
I. True of False: Just write down the number, then your answer. Do not include any reason or argument.
1. Court referred mediation is not legally feasible because, once a case were filed in court, the
court can only refer the parties to court annexed mediation.
2. Parties to a contract cannot include an ad hoc mediation clause because no viable default rule was provided by Republic Act No. 9285.
3. Parties to a domestic contract cannot enforce an arbitration clause in their contract because, to date, the joint legislative oversight committee created by Republic Act No, 9285 has not yet issued the implementing rules and regulations and the Supreme Court has not yet issued any rule of court in the instances when courts may he involved in arbitration.
4. The provisions of Republic Act Ng. 9285 allow contracting parties to stipulate that any dispute arising out of their contract can only be resolved through litigation as the latter term is understood under the law.
I. True of False: Just write down the number, then your answer. Do not include any reason or argument.
1. Court referred mediation is not legally feasible because, once a case were filed in court, the
court can only refer the parties to court annexed mediation.
2. Parties to a contract cannot include an ad hoc mediation clause because no viable default rule was provided by Republic Act No. 9285.
3. Parties to a domestic contract cannot enforce an arbitration clause in their contract because, to date, the joint legislative oversight committee created by Republic Act No, 9285 has not yet issued the implementing rules and regulations and the Supreme Court has not yet issued any rule of court in the instances when courts may he involved in arbitration.
4. The provisions of Republic Act Ng. 9285 allow contracting parties to stipulate that any dispute arising out of their contract can only be resolved through litigation as the latter term is understood under the law.
II. Instructions: Briefly explain your answers to the following questions. DO NOT USE MORE THAN FIVE LINES.
5. A management group disseminated a circular to its members with the following passages:
" To strongly advocate to our members to state in all contracts a clause specifying that ' in case of any dispute as a result of this contract, the case shall he referred to mediation, prior to arbitration or litigation. ' "
If you were counsel for a member company, and assuming that you are favorably inclined to the use of ADR and arbitration in resolving disputes, would you recommend the inclusion of the clause? Why?
06. A domestic contract contains the following dispute resolution clause:
“Any dispute arising out of this contract shall be referred to arbitration
A dispute arose and a party made a request for arbitration. You are counsel for the respondent and your client instructed you to try to evade the arbitration clause. How will you carry out your client's instructions? Explain.
III. Discussions
07 Discuss the concept of party autonomy in resolving private disputes between private parties.
08. Briefly explain the steps in exercising party autonomy in the resolution of private disputes?
09. May the exercise of party autonomy in the resolution of disputes help in solving the problems of the judiciary, particularly the latter’s docket problem? Explain.
10. Distinguish independent consent from derivative consent. Illustrate by giving an example.
11. Enumerate the different modes making—up the dispute resolution spectrum. Briefly discuss at least four of them.
Good luck!
Good luck!
No comments:
Post a Comment