Module 5 - Dispute Resolution Methods

NEGOTIATION

-Direct communication to reach a mutually acceptable agreement.​

MEDIATION

-A neutral third-party facilitates a discussion to reach a resolution​

ARBITRATION

-A neutral third-party makes a binding decision​

LITIGATION

-A court-based process where a judge or jury makes a decision​

Construction Industry Arbitration Commission (CIAC)

In the Philippines, construction disputes are primarily resolved through arbitration, with the ___________________ holding exclusive jurisdiction. ________ jurisdiction is triggered when parties agree to resolve disputes via arbitration, whether through a contract clause or a separate arbitration agreement​

The Philippine Construction Industry Arbitration Law (Republic Act No. 876)

supports arbitration as a means of resolving construction disputes​

The Alternative Dispute Resolution Act of 2004 (R.A. 9285)

provides the legal framework forthis, requiring Regional Trial Courts to dismiss cases and refer them to CIAC if the parties haveagreed to arbitration.

CIAC's Role:​

• The CIAC is the designated arbitration body for constructiondisputes in the Philippines. ​

• It has exclusive jurisdiction over construction disputes that partiesagree to resolve through arbitration. ​

  • The CIAC can handle disputes even if the parties initially choseanother arbitration institution, as long as one party submits toCIAC's jurisdiction. ​

Legal Framework:​

• R.A. 9285 (Alternative Dispute Resolution Act of 2004): This law sets the stage for ADR in the Philippines, including arbitration. ​

• Executive Order No. 1008: This order specifically addresses construction disputes and reinforces CIAC's authority. ​

• Regional Trial Courts: If a construction dispute is filed in a Regional Trial Court, and the court later learns of an arbitration agreement, the court must dismiss the case and refer it to CIAC​