Alternative Dispute Resolution

Janice Nga-eo                                                                                

MBA 1

ALTERNATIVE DISPUTE RESOLUTION

Reflection Paper

I’ve never heard of the Alternative Dispute Resolution thing until now, maybe because the resolution is just recently accepted as part of the constitution of our country and/or ADR is not that unspoken or many people practices its concept but doesn’t know how it was called .  Though, I am not that well informed about what’s happening in our nation’s legal system or about the latest Act that was included, I am so happy to find out and learn about the ADR Act.

It is really good that our Constitution had made ADR formal in our country because in the past decades, people are using its idea but it’s not yet recognized in the law system of the Philippines. It is also used by many other countries like Europe because of the good things it brought to their nation and to their personal lives with regards to solving disagreements. This Act would not only help the nation’s welfare but it would also protect the people’s personal interest. The government should also educate its citizens about this regulation, especially to those people who faces disputes and want to engage and will choose to undergo in the ADR Act. They must be knowledgeable about it, for them to know the exceptions and to let them know what is accepted and not accepted in this Act. As we always say, “Ignorance of the law is not an excuse”.

The  disadvantage of the ADR, not having it formalized and/or when people knows little about it, is that there will be an abuse because it has no borderline or standard to be followed and/or because people are unfamiliar about it.  Like for instance in the criminal liability such as murder or rape, when both parties have already arranged an agreement, where in, the person who committed crime will pay a large amount of money to the person who is mistreated, in order that the person who was victimized will not file a case against the murderer or the rapist and not to be put to jail. The sad thing is that, though murder or rape cases is not accepted and highly prohibited in the ADR act, sometimes, it resulted to it. Well, this disadvantage doesn’t happen in all cases and in my point of view, it happens rarely. I have said this because sometimes, people’s interest and intentions are stronger than what they called justice.

I can also say that ADR may not be favorable to everyone. Since ADR is voluntary, there are times that one party will reject the other side’s proposal of settlement because the other party has higher claims than the other.

Embracing the practice of ADR is a wise decision.  But in order for this resolution to work both parties must wholeheartedly embrace its concept in order for them to experience its satisfaction benefits. It is really important there is agreement otherwise ADR is of no point for the both of them.