| AAO. Academic Affairs
Office |
| AC. Administrative Circular |
| ADR. Alternative Dispute
Resolution |
| Adjudication. Adjudication
describes any form of formal dispute resolution
process I which the parties litigate cases through
the presentation of evidence and argument to a neutral
third party who has the power to render binding
decisions based on objective standards, rules or
laws. Adjudication is used in many forums --- judicial
(courts), administrative (tribunals), and arbitral
(boards of arbitration). Adjudicative processes
are rights-based and positional. |
| Alternative Dispute Resolution
(ADR).
ADR is a widely used term referring to the entire
range of dispute resolution options outside the
traditional administrative, judicial or legislative
decision-making process. |
| AM.
Administrative Matter |
| APJR. Action Program
for Judicial Reform |
Arbitration.
Arbitration is an adjudicative form of dispute
resolution involving a mutually acceptable neutral
third party (arbitrator) empowered to make a decision
on the merits after an informal hearing that usually
includes presentation of evidence and oral argument.
Arbitral decisions are generally binding and subject
to limited judicial review. In exceptional cases,
decisions are treated as non-binding and the right
yo proceed to trial is preserved. Arbitration
may be voluntary (by private agreement) or compulsory
(by legislation or through a public court-annexed
program). Instead of a single arbitrator, a panel
(generally a tripartite board) may be used. Final
offer selection is a version of arbitration where
the arbitrator chooses between “best offers”
submitted by parties. Arbitration is widely used
for labor relations and commercial disputes.
|
| BCC. Branch Clerk of
Court |
| CA. Compromise Agreement |
| CAM. Court-Annexed Mediation |
| Caucus.
A private session between the mediator and any one
party in which the mediator explores the issues
involved in the case and the options available to
the parties to resolve the matter. if the mediator
meets separately with one party, the mediator will
almost always then meet separately with the other
parties to the mediation. |
| CIDA. Canadian International
Development Agency |
| COC. Clerk of Court |
| Compromise Agreement.
The settlement of a dispute by mutual concession.
When approved by the court, the compromise agreement
will have the force and effect of a court decision.
As such, the compromise agreement may be enforced
by the court through execution of judgment. |
| Conciliation.
Conciliation is a process in which a neutral third
party (conciliator) conveys information between
parties and attempts to improve direct communication
between them. The conciliator often prepares a report
that describes the scope of agreement and disagreement.
The role of a conciliator is more passive than a
mediator. Conciliaton is most often used in collective
bargaining disputes. |
| Conflict.
Conflict is usually based upon a difference over
goals, objectives, or expectations between individuals
or groups. Conflict also occurs when two or more
people, or groups, compete over limited resources
and/or perceived, or actual, incompatible goals. |
| Conflict Resolution.
A process of resolving a dispute or disagreement. |
| Consensus.
A mutually acceptable agreement that takes into
consideration the interests of all concerned parties.
An agreement reached through consensus may not satisfy
each participant’s interests equally or receive
a similar level of support from all participants. |
| Court-Annexed Mediation (CAM).
Court-annexed mediation is a voluntary process wherein
the court may advise parties to submit their case
for mediation so that hey may be assisted by neutral
party to facilitate their discussions or negotiations
towards a workable solution to the problem. The
parties maintain their rights to proceed to trial
if mediation fails. Any settlement that is reached
becomes a judgment of the court. |
| DMC. Design and Management
Committee |
| DS. Daily Supervisor
(Mediation Unit) |
| Early Neutral Evaluation
(ENE).
Early Neutral Evaluation is a non-binding process
in which a neutral third party (facilitator) manages
the discussion between parties that are attempting
to reconcile divergent views and reach agreement
on issues or tasks. Facilitation is used in a wide
variety of settings including management meetings
and public consultations. |
| EJ. Executive Judge |
| ENE. Early Neutral Evaluation |
| Fact-Finding.
Fact-finding is a process by facts relevant to a
controversy are determined by a designated person
and a resolution of issues recommended or determined.
Parties decide in advance to treat the results as
conclusive or advisory. If advisory, fact-finding
is sometimes referred to as “non-binding arbitration.”
The fact-finder may be a neutral third party or
an expert in a relevant field. The fact-finder may
be jointly selected by parties or provided by a
public body. Fact-finding may be used as part of
a broader dispute resolution process such as negotiation,
mediation, or arbitration. It is often used to gather
information regarding public sector collective agreements
and to address scientific or technical issues. |
| GC. Grievance Committee |
| IBP. Integrated Bar of
the Philippines |
| JDR. Judicial Dispute
Resolution |
| JPSC. Joint Project Steering
Committee |
| JRO. Judicial Reforms
Office |
| Litigation.
Litigation is a formal, rights-based adjudicative
process that depends on each party advancing position,
presenting evidence, and making arguments before
a neutral third party decision-maker. Litigation
is used in trial and hearings. |
| Mediation.
Mediation is a process of assisted negotiation that
relies on a neutral third party (mediator) to help
parties reach a mutually agreeable resolution. Participation
by the parties may be voluntary (by private agreement)
or mandatory (through a public program such as court-annexed
mediation). Whether attendance is voluntary or mandatory,
settlements are consensual; the mediator has no
authority to impose result. Settlements reached
through mediation are binding upon the parties.
Forms of mediation include evaluative, problem-solving,
facilitative, transformative, and therapeutic. |
| Mediation/Arbitration (MED/ARB).
Med/Arb is a process in which parties agree that
mediation will be followed by arbitration of unresolved
issues. In med/arb the same neutral third party
generally perform both roles. Med/Arb is becoming
increasingly popular in the lbor-relation area.
the reverse (Arb/med) is also used in some circumstances. |
| Mediation Conference.
A discussion among the disputing parties, their
counsel, and the mediator, to explore options for
settling a dispute. |
| Mediator.
Mediators are trained individuals who will attempt
to assist the parties to reach a mutually acceptable
resolution of their dispute. |
| MeTC. Metropolitan Trial
Court |
| MIMC. Monthly Inventory
of Mediatable Cases |
| Mini-Trial.
A mini-trial is flexible two-stage process in which
a counsel presents a summary version of each case
to business representatives of each side who then
attempt to negotiate a settlement. A neutral third
party may facilitate the information exchange. The
neutral third party may also mediate during the
settlement negotiations and may provide an advisory
opinion on the potential court outcome. |
| MTC. Municipal Trial
Court |
| MTCC. Municipal Trial
Court in Cities |
| Negotiation.
Negotiation is a process in which parties communicate
directly or indirectly for the purpose of reaching
an agreement. Approaches to negotiation include
competitive, cooperative, and integrative. Negotiation
may be based on power, rights, or interests. Negotiation
may be conducted by parties themselves or by agents. |
| NJI. National Judicial
Institute of Canada |
| OCA. Office of the Court
Administrator |
| OCC. Office of the Clerk
of Court |
| OIC. Officer-in-Charge |
| PHILJA. Philippine Judicial
Academy |
| PJ. Presiding Justice/Judge |
| PMC. Philippine Mediaton
Center |
| PMFI.
Philippine Mediation Foundation, Inc. |
| Pre-Trial Conference.
Pre-Trial Conference, a conference held after the
pleadings have been filed and before the trial begins,
for the purpose of bringing the parties together
to outline discovery proceedings and define the
issues to be tried. Courts often use the pre-trial
conference as an opportunity to encourage settlement. |
| RTC. Regional Trial Court |
| SC. Supreme Court |
| SC-PIO. Supreme Court
– Public Information Office |
| SC-PMO. Supreme Court
– Program Management Office |
