Alternative Dispute Resolution Act of 2004

Sec 49

There is hereby established the Office for Alternative Dispute Resolution as an attached agency to the Department of Justice (DOJ) which shall have a Secretariat to be headed by an executive director. The executive director shall be appointed by the President of the Philippines. The objective of the office are: (a) to promote, develop and expand the use of ADR in the private and public sectors; and To assist the government to monitor, study and evaluate the use by the public and the private sector of ADR, and recommend to Congress needful statutory changes to develop. Strengthen and improve ADR practices in accordance with world standards.

Sec 50

The Office for Alternative Dispute Resolution shall have the following powers and functions: (a) To formulate standards for the training of the ADR practitioners and service providers; (b) To certify that such ADR practitioners and ADR service providers have undergone the professional training provided by the office; (c) To coordinate the development, implementation, monitoring, and evaluation of government ADR programs; (d) To charge fees for their services; and (e) To perform such acts as may be necessary to carry into effect the provisions of this Act.

Sec 51

The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter.

Sec 52

Within one (1) month after the approval of this Act, the secretary of justice shall convene a committee that shall formulate the appropriate rules and regulations necessary for the implementation of this Act. The committee, composed of representatives from: (a) the Department of Justice; (b) the Department of Trade and Industry; (c) the Department of the Interior and Local Government; (d) the president of the Integrated Bar of the Philippines; (e) A representative from the arbitration profession; and (f) A representative from the mediation profession; and (g) A representative from the ADR organizations shall within three (3) months after convening, submit the IRR to the Joint Congressional Oversight Committee for review and approval. The Oversight Committee shall be composed of the chairman of the Senate Committee on Justice and Human Rights, chairman of the House Committee on Justice, and one (1) member each from the majority and minority of both Houses. The Joint Oversight Committee shall become functus officio upon approval of the IRR.

Sec 53

This Act shall not be interpreted to repeal, amend or modify the jurisdiction of the Katarungan Pambarangay under Republic Act No. 7160, otherwise known as the Local Government Code of 1991.

Sec 54

All laws, decrees, executive orders, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Sec 55

If for any reason or reasons, any portion or provision of this Act shall be held unconstitutional or invalid, all other parts or provisions not affected shall thereby continue to remain in full force and effect.

Sec 56

This act shall take effect fifteen days (15) after its publication in at least two (2) national newspapers of general circulation.