Chief Justice Gesmundo: ADR, Key in Enhancing Access to Justice
November 23, 2023
Chief Justice Alexander G. Gesmundo is the keynote speaker at the Philippine ADR Day held at Henry Sy Sr. Hall, University of the Philippines – Bonifacio Global City in Taguig City on November 23, 2023. (Courtesy of the Supreme Court Public Information Office)
Chief Justice Alexander G. Gesmundo yesterday underscored the importance of alternative dispute resolution (ADR) in the Supreme Court’s efforts to enhance access to justice in view of the Court’s Strategic Plan for Judicial Innovations 2022-2027 (SPJI).
Speaking at the Philippine ADR Day held at the University of the Philippines – Bonifacio Global City’s Henry Sy Sr. Hall in Taguig City on Thursday, November 23, 2023, Chief Justice Gesmundo said that the promotion of the use of ADR is one of the projects under the SPJI, the Court’s blueprint of action for judicial reform.
To declog the dockets, the Chief Justice shared that the Court is contemplating making ADR a condition before anyone can file a case before the courts. He said: “We are now working on the revisions of the Rules of Civil Procedure, and one of the major revisions that we are trying to suggest is that no case, or cases, or civil actions can be filed before any court without exhausting alternative dispute resolution.” He added that such would minimize court docket congestion.
“ADR, indeed, holds great potential in our efforts to increase access to justice under the SPJI. But as with other judicial reform initiatives, the success of ADR will depend on the support and cooperation of all stakeholders in the justice system,” said the Chief Justice.
The Chief Justice cited the production in July this year of two animated instructional videos on ADR to guide litigants, mediators, and judges in the swift resolution of disputes. The project was an initiative by the Office of the Court Administrator in partnership with the American Bar Association Rule of Law Initiative (ABA ROLI), with the support of the United States Agency for International Development (USAID).
He shared that these videos, which he said are in an engaging format, will be used to encourage litigants “to resort to mediation, judicial dispute resolution, and other forms of ADR in and out of court, in order to dispose of cases with less time and effort on their part, and with less expense on the part of the litigants.” Likewise, these videos will serve as the Court’s template for disseminating not only ADR programs integrated into court proceedings relative to cases already filed but also ADR programs like conciliation and arbitration, which eventually will be made prerequisites for filing a court action.
Chief Justice Gesmundo shared that the High Court, even before, has been at the forefront of implementing the State’s policy to promote ADR. “The Court’s Action Program for Judicial Reform (APJR) around the turn of the millennium included the strengthening and promotion of the use of ADR mechanisms, such as court-annexed mediation and judicial dispute resolution.” he said.
Likewise, he said that the Court has established the Philippine Mediation Center, which is under the operational control and administrative supervision of the Philippine Judicial Academy (PHILJA), in coordination with the Office of the Court Administrator through the Executive Judges. The Philippine Mediation Center Office (PMCO) is primarily responsible for the expansion, development, implementation, monitoring, and sustainability of the Supreme Court’s ADR mechanisms – Court Annexed Mediation, Appellate Court Mediation, Judicial Dispute Resolution, and eventually Court-Annexed Arbitration, and other ADR mechanisms.
In 2009, the Court approved the Special ADR Rules, signaling a paradigm shift toward expeditious dispute resolution.
He acknowledged the Philippine Institute of Arbitrators (PIArb), which organized the Philippine ADR Day event, for strengthening its learning programs and collaborating with other private institutions of commercial arbitration such as the Philippine Dispute Resolution Center, Inc. (PDRCI), the Philippine International Center for Conflict Resolution (PICCR), and the Philippine Institute of Construction Arbitrators and Mediators (PICAM) to foster greater cooperation and advancement of common interests and goals. He assured PIArb of the Court’s full support in its endeavors to promote and develop ADR, particularly in the specialized fields of commercial arbitration and mediation.
The Chief Justice concluded his message by giving this reminder: “ADR is not a mere procedural tool; it is a testament to our commitment to justice. The path to new frontiers may be challenging, but it is through our collective dedication that we shall emerge as pioneers in the pursuit of a legal landscape where fairness, efficiency, and accessibility converge.” (Courtesy of the Supreme Court Public Information Office)
Chief Justice Alexander G. Gesmundo poses for posterity with the participants at the Philippine ADR Day held at Henry Sy Sr. Hall, University of the Philippines – Bonifacio Global City in Taguig City on November 23, 2023. (Courtesy of the Supreme Court Public Information Office)