Peer Learning Discussion on Commercial Dispute Mediation in the Context of COVID-19

On July 23, 2020, ABA ROLI with the support of USAID and in cooperation with the Integrated Bar of the Philippines (IBP), the National Center for Mediation (NCM), and the Philippine Chamber of Commerce and Industry (PCCI) conducted a webinar, “Peer Learning Discussion on Commercial Dispute Mediation.” In their respective discussions, the presenters demonstrated common advocacy of promoting alternative dispute resolution as a practical choice to litigation, especially in the context of the COVID-19 pandemic that has caused the unprecedented displacement of workers and closure of businesses in the country. To date, the Department of Labor reports that more than 135,000 individuals have lost jobs from 6,500 business establishments in the country which were either forced to reduce workforce or close permanently because of financial losses. The webinar presenters included South African Barrister Mr. Jaqcues Du Preez, Law Dean Anna Maria Abad of Adamson University; Atty. Domingo Cayosa, IBP National President; Atty. Myra Angeli Gallardo, Law Professor and NCM Vice President for Policy Directions and Development; Ms. Alegriba Bing Sibal Limjoco, PCCI Chairperson; Mr. Edwin Glindro, PCCI Deputy Secretary General; and Mr. Antonio Ortega, NCM Vice President for Mediation Advocacy.

In his opening remarks, IBP President Domingo Cayosa underscored the importance of  welcoming opportunities to address the issues around bringing disputes to traditional grievance mechanisms. The current Bar leadership shared that the clear direction of IBP is to shift legal aid to pro bono alternative dispute resolution (ADR) in the community. He concluded by reiterating IBP’s commitment that, “[a]t the end of the day, this is just the start and we hope from these discussions to move forward the idea of mediation, arbitration,  and ADR mechanisms to really achieve one of our campaigns, ‘Justice Bilis Hindi Justice Tiis’ (justice delayed is justice denied) in our country.”

This webinar marks the second time ABA ROLI invited and availed of the pro bono services of South African Barrister Jacques Du Preez. His presentation discussed universal best practices to successfully settle commercial disputes, emphasizing the need to uphold integrity of the process by way of observing its key elements which inter alia includes self-determination, consent, and the quality of settlement agreements.

Dean Anna Maria Abad, a respected expert on labor law and human rights acknowledged that domestic legal standards provide for different processes and mechanisms for dispute resolution. Dean Abad’s discussion focused on the two closely related issues and concerns on business closures and separation from employment as consequences of COVID-19. The Dean went on to explain in detail possible agreements allowed by law between management and employees to potentially avert dispute or conflict.

Ms. Susan J. Cowley, Country Director of ABA ROLI Philippines, gave closing remarks, expressing appreciation for the strong support  of the legal community, including law schools in the country’s capital, and articulating one the important goals of the ACCESS Project’s mediation trainings. The trainings address the potential imbalance in the outcome of formal justice where there are profound differences in capacities and resources of parties.

133 participants attended the webinar, including representatives from the Philippine Judicial Academy, Philippine Mediation Center Office, staff and members of IBP, Department of Education, Commission on Human Rights, Mediation Network for Sustainable Peace Inc., NCM members, PCCI members, and civil society organizations. As a result of this fourth webinar of ABA ROLI, the IBP, NCM,  and PCCI are now creating materials for all legal aid lawyers of the Bar to use as they undergo pro bono mediation capacity development beginning this quarter.   

Survey results revealed that the majority of issues currently encountered by mediators involve money claims, closely followed by land and property disputes. 31% of respondents indicated the competency of the mediator is the largest factor that contributes to a successful mediation, with a further 28% indicating that the level of understanding/education of the parties affects the mediation process.

Hindering factors to mediation were reported as the level of understanding and education of parties, with 35% responses, and the availability of the parties to participate, with 34% responses. 87% of respondents indicated they were unable to conduct actual mediation processes during the COVID-19 related quarantine and 92% of respondents agreed that remote/online mediation can be successfully utilized in the future.