INTRODUCTION TO

ALTERNATIVE DISPUTE
RESOLUTION (ADR),
CONFLICT MANAGEMENT
AND DAO 2016-30
Atty. Xandra Yzabelle T. Ebdalin-Bacus
DENR Region 10, Focal Alternative Dispute Resolution Officer
(FADRO)
Atty. III/OIC-Chief, Technical Services Section (PENRO Mis. Or.)
1. Empty your cup.
2. Be generous.
3. Keep environment safe.
4. Respect one another.
5. Enjoy!
Lecture Outline
I. Overview of Values Based Mediation
II. Overview Conflict Management
III. Overview of Alternative Dispute Resolution
(ADR)
IV. Types of ADR
V. Legal Bases of ADR in the Philippines
VI. ADR in DENR
VII. DAO 2016-30 “Guidelines in the Conduct of
Alternative Dispute Resolution (ADR) in
Land Management and Disposition”
Out beyond ideas of wrongdoing
and rightdoing, there is a field.
I’ll meet you there.
-Rumi
What words come to mind
when we say …
It is a fact of life. It is hardly possible to grow
up in a family, live in a community, attend
school, work, have intimate relationship, raise
children or actively participate in the world
without it.
There is a need that is
not being met. Thus, we
say things we do not
mean and mean things
we do not say.
Being so pained that we do not know how to –

Temper our anger with compassion

Listen to other’s pain

Try to understand what caused the other person to act as he did

Take responsibility for our own contribution to the conflict.

 RETALIATORY CYCLE
• Triggering Event – what was said or done by the other
person that triggered the conflict
• Perceived Threat to your Interest – what you assumed
to be behind the other person’s triggering his action
• Anger – your natural emotional response to the threat,
and is necessary for mobilizing self-protection
• Acting Out – how you expressed your anger
• Repetition – response of the other person to your acting
out
It is not CONFLICT that is the issue.

It is the way it is handled that is crucial…

So that it becomes an instrument for positive
transformation, for constructive growth and
learning.
TWO BASIC RESPONSES
TO CONFLICT
FLIGHT
FIGHT
1.Adversarial
2.Non-Adversarial
FIGHT NON-
ADVERSARIALLY
Based on the Interests/Needs Theory

“What is important to you?”

“Let’s work things out.”
“What areas can we agree on?”
“I’d like us to understand why we have taken our respective positions.”
Conflict Management
o Techniques and ideas designed to reduce the negative effects of conflict
o Enhance the positive outcomes for all parties involved
o Techniques and ideas used depend on the type of conflict that needs
managing
o Conflict resolution can be an aim of conflict management but not all
conflict management techniques or styles have conflict resolution
o The practice of recognizing and dealing with disputes in a rational,
balanced and effective way
o Every technique applied to manage conflict is aimed at resolution with fair
judgment, but it's worthy of note that it is not all approaches to solving
disputes that lead to a decision or positive outcomes
MANAGEMENT APPROACHES
TO COMBATING CONFLICTS
•AVOIDING
•ACCOMMODATING
•COMPROMISING
•COLLABORATING
•COMPETING
To find your most preferred style, total the points for each style.

Style Corresponding Statements:

Collaborating (questions 1, 5, 7): _______

Competing: (questions 4, 9, 12): _______
Avoiding: (questions 6, 10, 15): _______
Accommodating: (questions 3, 11, 14): _______
Compromising: (questions 2, 8, 13) _______
 THOMAS KILMANN
CONFLICT MANAGEMENT
STYLE
COMPETING
It is assertive and uncooperative. An
individual prioritizes pursuit of his
own interests and uses whatever
power seems appropriate to win –
such as his rank, his ability to argue
and to impose any kind of sanction.
Power may be exerted through
majority rule or persuasive minority.
Produces win/lose outcome. Even if
issues are settled, conscious or
unconscious power struggle is
renewed.
COLLABORATING
It is both assertive and cooperative. Emphasis is
on attempt to work with the other person to find
some solution, which fully satisfies the concerns
of both persons, rather than defending a position
or faction. It means digging into an issue to
identify the underlying concerns, exploring a
disagreement to learn from each other’s insights,
preventing competing for resources, and
expecting to modify original views as work
progresses. Assumption is that joint effort
exceeds sum of individual’s contribution.
COLLABORATING (100/100)
Strategies: assert self while inviting other views, welcome
differences, jointly recognize strengths and weaknesses of all
views, cooperate in seeking additional information
Source of Power: trust, skill, ability, goodwill, creativity
Benefits: trust and mutuality in relationship, high cooperation,
creativity and growth, other blossom, develop new gifts,
energy and joy, has immense rewards when successfully used
on meaningful issues
Cost when Over-used: fatigue, time loss, distraction from
important tasks, analysis paralysis, cause people to feel burnt
out from talking too much
COMPROMISING
It is intermediate in both assertiveness and
cooperativeness. The goal is to find an
expedient, mutually acceptable solution, which
partially satisfies both parties. This might
mean splitting the difference, exchanging
concessions, or seeking a quick-middle ground
position. Often causes the parties to assume
inflated positions to buffer loss expected in
bargaining. Outcome is often watered down or
weakened to point of ineffectiveness. Usually,
there is no real commitment of parties to make
outcome work. Makes sense only when
resources are limited to forestall win/lose
ending.
COMPROMISING
(50/50)
Strategies: urge moderation, bargain, split the
difference, meet halfway
Source of Power: from moderation and pragmatism
Benefits: relatively fast, enables show to go on,
provides way out of stalemate, readily understood by
most people, builds atmosphere of cooperation
Cost when Over-used: mediocrity, blandness,
unprincipled agreements, patching symptoms and
ignoring causes, no one gets fully happy
AVOIDING
It is unassertive and uncooperative. The individual does not
immediately pursue his own concerns or those of the other
person. He attempts to get rid of the conflict by denying it
exists or not acknowledging it. Avoiding might take the form
of diplomatically sidestepping an issue, postponing it until a
better time, or simply withdrawing from a threatening position.
Because conflict does not “go away”, it grows to a point where
it is unmanageable.
AVOIDING (0/0)
Strategies: withdraw, avoid, ignore, deny, divert attention, suppress
personal emotions, be inaccessible and inscrutable
Source of Power: calmness, silence, non-cooperation, in-availability
Benefits: freedom from entanglement in trivial issues of unimportant
relationships, stability, status-quo, ability to block inactively
Cost when Over-used: long cottony silence punctuated by explosion
of pent-up anger, slow death relationships, residue of negative
feelings, stagnation, dullness, loss of accountability, sapped energy
ACCOMMODATI
NG
It is unassertive and cooperative. When
accommodating, an individual neglects his
own concerns to satisfy the other. There is an
element of self-sacrifice in this mode. This
might take the form of selfish generosity or
charity, obeying another’s order or yielding to
the other’s point of view when one prefers not
to or disagrees. Also takes the form of
“smoothing things over”, or playing down the
extent or importance of the conflict. May use
suppression to preserve a relationship because
there is no recognition of positive aspects of
conflict.
ACCOMMODATING
(20-80)
Strategies: agree, support, acknowledge error, give in,
convince self, its no big deal, placate
Source of Power: relationships, approval of others
Benefits: wins approval and appreciation of others, pleasant
atmosphere, likeable to others, freedom from hassles in short
run, fosters self-discipline of ego
Cost when Over-used: frustration for others who want to
problem solve, resentment and depression of user, stunted
growth of personal gifts, over dependence on others, denies
benefit of healthy confrontation, toleration of behaviors that
need to be challenged
Four Components of the Language of
Compassion (NAC)
• OBSERVING
• FEELING
• NEEDS
• REQUEST
OVERVIEW ON
ALTERNATIVE
DISPUTE
RESOLUTION
(ADR)
Alternative Dispute Resolution
o Techniques to help people settle their disputes
without litigation or to reach settlement more
efficiently within existing proceedings

o Collaboratively work to develop and consider

alternatives that are mutually satisfying to
parties

o Methods of settling disputes without going to

court in a non-confrontational way
 TYPES OF ADR
I. NEGOTIATION
o Communication for the purpose of persuasion.
o Parties discuss possible outcomes directly with each
other.
o No third-party facilitator.
o Informal and No limits on presentation of arguments.
o If agreement reached, it is enforceable as a contract.
o Three approaches
⮚ interest-based
⮚ rights-based
 TYPES OF ADR
II. MEDIATION
o Employs neutral/impartial person or persons.
o Voluntary process (except where there is a law of mandatory
mediation in place).
o The mediators, (hired, appointed, or volunteer ) help manage
the process, no direct interest in the conflict and its outcome,
and no power to render a decision.
o Useful when parties have a relationship they want to
preserve.
 TYPES OF ADR
III.ARBITRATION

o Parties agree to submit their dispute to a neutral party, who

will decide their case.
o The arbitrator has the power of decision in the dispute.
o It is a private and less formal process than litigation in
court.
o Binding or non-binding, and the arbitrator’s decision may
be with or without a written explanation or opinion.
 TYPES OF ADR
IV. CONCILIATION

o A third party brings together all sides of the conflict for

discussion among themselves

o Objective third party provides different solution offers

which will take form according to the circumstances of the
dispute and aims to provide the parties to reach an
agreement as per one of these offers after negotiations and
deliberations.
 TYPES OF ADR
V. ADJUDICATION/LITIGATION

o a conflict is presented to a judge, or a third party

appointed by the judge (a panel of judges, a jury, and
so on) for a legal decision that is binding and
enforceable.
THE STORY OF THE ORANGE
There was once a mother who ran an orange farm with her two grown
daughters. This year, sales of fresh oranges seem to have declined. Wanting to
help their mother and not burden the other, each daughter set off to secretly
establish their respective business ventures.
The first daughter negotiated with a grocery chain to supply bottled fresh
orange juice. The venture was so large that she will be able to buy out her
mother’s entire juice supply and more. The second daughter created a line of
cosmetic products like soaps, shampoos, lotions and more that make use of
orange rind. She introduced a few batches online and it sold like hotcake!
Demand was so high that a large cosmetic firm offered to partner with her to
mass produce the products. She was so excited to tell her family the news that
she will begin to buy all of their mother’s supply now and for the years to
come.
However, instead of happiness, the first sister got mad at her and said she
ADR LEGAL
BASES
 o Arbitration Law in 1953
o PD 1508 Katarungang Pambarangay 1978
o ART. VIII, Sec. 5 (5) 1987 Constitution
o The Local Government Code
o Rule 18, Sec 2(a) 1997 Rules of Civil
Procedure
o 2001, the Court Annex Mediation (CAM)
o RA 9285 (ADR Law) of 2004
1. EXECUTIVE ORDER 523
INSTITUTING THE USE OF ADR IN THE
EXECUTIVE DEPARTMENT OF THE
GOVERNMENT
Use of ADR
Promote Just and Efficient Administrative Dispute Resolution
Periodic review of ADR processes & develop procedures
Institutionalization of ADR process
Promote party autonomy
Expand non-lawyer representation
Train fact-finders, hearing officers, decision makers
Establish appropriate mechanisms
Executive Order 79
o Use of ADR mechanisms in all govt. contracts
o involving PPP & BOT Projects, JVA

o All contracts with provisions on the use of

o ADR mechanism, at the option of parties
 Executive Order 97
o OADR’s management, development, coordination
o and oversight of ADR Programs.
o Use of ADR in all agencies
o Reports to the OADR
 ADR in DENR
Disputes and Resolution Mechanisms
in Land Claims and Conflicts

DENR Lands Office Circular No . 68

DAO 38, Series of 1993, Disposition of Cases of

Claims and Conflicts.
 DAO 2005-18 Adoption of ADR Principles and Procedures
in the Resolution of Appropriate Environment and Natural
Resources Conflict

o Actively promote party autonomy

o ADR to achieve speedy and impartial justice

o De-clog dockets of cases filed with the Department.

DAO NO. 2016-30
Guidelines in the Conduct of Alternative Dispute Resolution
(ADR) in Land Management and Disposition
 DAO 2016-30
o Promote party autonomy

o Promote freedom of the parties to resolve

their land disputes

o Claims and Conflict in the Disposition and

Management of Public Lands
 Objectives
To integrate ADR in land management
and disposition for an efficient, speedy and
economical procedure

o Reduce claims and conflicts

o Unclog the case dockets

Institutionalization of ADR in Land
Disposition, Claims and Conflict

o ADR Committee
✔ Asec Legal Affairs– Chair
✔ Director, LAS– Member
✔ Director, LMB–Member

o Secretariat – designated lawyers, staff from

LAS & LMB Legal Division
Institutionalization of ADR in Land
Disposition, Claims and Conflict

o Accreditation and Designation of

ADROs in the Pool of ADR Officers
o ADRO candidates recommended by Dir-
LS; Dir-LMB and REDs
o Evaluation and accreditation of ADROs
 ADR PROCEEDINGS
UNDER DAO 2016-30

Voluntary ADR Mandatory ADR

Proceedings Proceedings
• During gathering, processing • Formal Protest filed against
and Evaluation of PLAs the PLA
• Any incidental activities • After the issuance of any
during filing/evaluation of order/decision/permits by
PLA DENR
 Voluntary ADR Proceedings
Authority of Land Investigators/ Inspectors
o LI/Inspectors can conduct conciliation proceedings
at the onset of investigation if they discover
conflicting claims

o During Site Verification

✔ Require presence of applicants or Reps. &
Adjoining lot owners
✔ If unavailable, representative with SPA
✔ Use ADR Form No. 002
✔ Submission of authenticated copies of
Voluntary ADR Proceedings

Absence of
Conflict
•PLA
processed for
issuance of
patent
 Voluntary ADR Proceedings

Potential Conflict
o Recommend voluntary ADR
o If parties agree, get agreement to undertake ADR
o LI (not an ADRO) submit report to supervisor together
with agreement to undergo ADR
o Supervisor after evaluation, issue memorandum directing
ADRO to conduct ADR within 30 days
 Voluntary ADR Proceedings

Potential Conflict
o If parties not agree to undergo ADR
✔ Inform parties of the issues
✔ Brief parties of the Procedure for LCC
✔ Submit report to supervisor
✔ Supervisor issue an Order to continue or
suspend processing of PLA
Voluntary ADR Proceedings
Kinds of Conflict
1. Boundary Dispute
o ADRO issue Notices of ADR Proceedings
o Explore mutual solution
o If parties agree on the actual boundaries, sign an
Agreement (ADR Form 003)
1. as to correctness of the metes and bounds
2. Duly marked on the ground by survey monuments
ADR Form 003
ADR Form 003
Voluntary ADR Proceedings
Kinds of Conflict
2. Ownership Dispute
o ADRO require claimants to submit documents to
support claims
o Clarify issues and generate offers towards amicable
settlement (AS)
o If AS by parties, ADR Form 003 executed and signed by
parties, attested by LI/ADRO and approved by
competent authority:
1. PENRO or
2. RD
Voluntary ADR Proceedings
Failure of ADR

✔Failure of ADR
ADRO Draft ✔ Advise to file Protest
Order ✔ Recommend Investigation
for approval by ✔ Return Records to LMO
immediate supervisor
Voluntary ADR Proceedings
 Mandatory ADR
Pendency of Claims & Conflicts
o Mandatory Referral to ADR

✔ After Prelim Conference, HO refer case to

CENRO for designation of ADRO
✔ Records of the Protest transmitted
✔ ADR proceedings shall be conducted
pursuant to Chapter 7 of the DAO
Resumption of Investigation Proceedings

o If no amicable settlement, ADRO

issue Certificate of Failure to
Settle
o Return records to HO for
resumption of investigation
 UPON REFERRAL TO ADRO
✔ Call for Preliminary ADR Conference
✔ Discuss ADR Process as required by DAO, Get consent of
Parties

Yes to ADR No to ADR

Accomplish ADR Form to Advice parties on the claims and
Undertake ADR conflict proceedings
Set the Ground Rules Issue Certificate for Failure to
Undertake ADR
Set the Schedule for the ADR
Session Return records to HO for
resumption of investigation
Conduct ADR process with 30
days from referral
MANDATORY
● PENDENCY OF CLAIMS AND CONFLICTS
ADR CASES AT CENRO LEVEL
● WITH FORMAL PROTEST PURSUANT TO DAO
2016-31
● AFTER ISSUANCE OF ORDER TO
MANDATORY REFERRAL FOR ADR PROCESS
INVESTIGATE AND
ADRO CALL FOR PRELIMINARY
ADR PRELIMINARY CONFERENCE
CONFERENCE

YES FOR ADR

NO TO ADR PROCESS
PROCESS

ADRO ISSUE CERTIFICATE

PARTIES REACHED OF FAILURE TO SETTLE (Sec
PARTIES FAILED TO
SETTLEMENT 25)
REACH SETTLEMENT

COMPROMISE AGREEMENT
ATTESTED BY ADRO, NOTED ● EXPLAIN CLAIMS AND CONFLICT
BY CENRO AND INDORSED TO PROCESS TO PARTIES
PENRO (Sec 30-31) ● RETURN RECORDS IF ANY TO H.O.
WITH CERTIFICATE OF FAILURE TO
PENRO ISSUE OCA AND SETTLE & REPORT OF ADR
EXECUTION/ENFORCEMENT PROCEEDINGS
OF OCA (Sec.33)
ADR before the PENRO
o Upon receipt of Investigation Report of
C&C case, the PENR Officer MAY,
upon request of the parties, refer the
case to ADR process
 MANDATORY ADR
Pendency of Claims and Conflict at PENRO Level
PENRO MAY REFER CASE FOR ADR PROCESS (Request of Parties/Evaluation)

ADRO CALL
FOR ADR PRELIMINARY CONFERENCE (Chap.7)

YES FOR ADR

NO TO ADR PROCESS
PROCESS

ADRO ISSUE CERTIFICATE

PARTIES REACHED
PARTIES FAILED TO OF FAILURE TO SETTLE (Sec
SETTLEMENT
REACH SETTLEMENT 25)

COMPROMISE AGREEMENT
ATTESTED BY ADRO, NOTED ● FORWARD FORMAL
BY PENRO AND INDORSED TO INVESTIGATION REPORT &
REGION ) CARPETA TO REGION TOGETHER
WITH CERTIFICATE OF FAILURE
TO SETTLE & REPORT OF ADR
RED, IF COMPLIANT ISSUE OCA
AND EXECUTION/ENFORCEMENT PROCEEDINGS sum
OF OCA (Sec.33)
 ADR before Rendition of Decision by the
Regional Director
o Before the case is considered for Decision, the RD shall:

✔ Issue Order for the parties to submit Offer for Amicable

Settlement
✔ Within ten (10) days from receipt
✔ If parties comply, the case SHALL be referred to ADRO at
the Regional Office
ADR before RED
o ADRO evaluate offers and determine if reconcilable towards an amicable
settlement

✔ If could lead to settlement, ADRO shall issue Notices to parties to

attend ADR Conference for negotiation and eventually signing of
Compromise Agreement
✔ Compromise Agreement shall be approved by the RD and be the basis
for the disposition of the case
✔ RED issue Order of Compromise Agreement (OCA)

o Failure to submit Offer of Amicable Settlement, deemed refusal to ADR

proceedings at RD Level, the case deemed submitted for resolution on the
ADR for cases on Appeal to OSec
o Before appeal is considered for Decision by the Secretary:
✔ Order to submit Offer for Compromise Agreement with 10
days from receipt
✔ If parties comply, refer case to ADRO for evaluation
✔ If offer could lead to settlement, ADRO draft Compromise
Agreement with reconciled version
• Copy furnish parties and ordering to signify acceptance
or rejection
• Conduct ADR conference to discuss offer
• If rejected, deemed a refusal to settle then deemed
submitted for resolution. ADRO issue Certificate on
ADR for cases on Appeal to OSec
o If with Clarificatory Investigation
✔ Offer ADR Process during clarificatory
investigation hearing
✔ If Yes, proceed with ADR Process and
complying with the forms. To be conducted with
ADRO accompanying the Team or ADRO from
the place where investigation conducted
✔ If agreed to settle, draft compromise agreement
and submit to Dir. LAS/Asec for issuance of
OCA
✔ If No, proceed with the clarificatory hearing
 COMMON PROVISIONS
ON ADR

o Preliminary ADR Conference

o Drafting Compromise Agreement
o Order of Compromise Agreement
 COMMON PROVISIONS
ON ADR
Effect of Order of Compromise Agreement (OCA)

✔ Final and Executory Decision

✔ Dismissal of the Petition/Appeal with prejudice
✔ Binds parties to their obligations
✔ Implemented pursuant to the terms and conditions
✔ Parties estopped from filing protests against the PLA
✔ If with grounds to annul or question OCA, aggrieved
party may file Petition to Vacate/Modify/Correct it.
 COMMON PROVISIONS
ON ADR
o Execution or Enforcement of the OCA
✔ In the same manner as a final and executory
decision

o Duration of ADR
✔ Within 30 days from referral

o Appearances
✔ Parties
✔ Representative with full authority
✔ Lawyers could observe but non-participant
COMMON PROVISIONS
ON ADR
o Confidentiality
o Venue
o Language
o Sanctions
✔ Failure to Appeal
✔ Pre-Termination of ADR Proceedings
✔ Violation of ADR Officer
We waste so much energy trying to cover up who we are
when beneath every attitude is the want to be loved
and beneath every anger is a wound to be healed
and beneath every sadness is the fear that there will not be enough time.
When we hesitate in being direct, we unknowingly slip something on
some added layer of protection that keeps us from feeling the world
and often that thin covering is the beginning of a loneliness which
if not put down, diminishers our chances of joy.
It is like wearing gloves every time we touch something
and then forgetting we chose to put them on
we complain that nothing feels quite real.
Our challenge each day is not to get dressed to face the world
but to unglove ourselves so that the door knob feels cold
and the car handle feels wet
and the kiss goodbye feels like the lips of another being
soft and unrepeatable.

–Mark Nepo, “Awakening Right”, Book of Awakening