MANILA, Philippines - The Mines and Geosciences Bureau (MGB) is shifting to a new alternative in resolving disputes involving mining.
The MGB said it would now adopt the Alternative Dispute Resolution (ADR) process that includes mediation, followed by arbitration to provide speedy action to mining cases.
The two-step ADR process was the outcome of the five-day seminar-workshop as a prelude to crafting the ADR rules and guidelines to resolve mining disputes and controversies other than by adjudication of any magistrate, court or tribunal, in adherence to settling mining conflicts and disputes amicably, as mandated by the ADR Law.
ADR is the “procedure used to resolve a dispute or controversy, other than by adjudication of a presiding judge of a court or an officer of a government agency, in which a neutral third person participates to assist in the resolution of issues, including arbitration, mediation, conciliation, early neutral evaluation, mini-trial or any combination thereof.”
Under the ADR Act, the use of ADR to resolve disputes among parties is strongly encouraged for several reasons including to reduce delay in decision-making and minimize the necessity of seeking court relief.
It also aims to actively promote party autonomy in the resolution of disputes and to achieve speedy and impartial justice and declog court dockets.