DISPUTE
RESOLUTION
BALANAC, Mariel O
ARNELLIE Alcazar
LIGATION
TOPICS
0
OUR
1
BASIC TYPE
0
OF DISPUTE
1
RESOLUTION
LITIGATION AND
0 ENFORCEMENT
1 IN THE
PHILIPPINES
LITIGATIO
N
LITIGATION
INTRODUCTION
Litigation is generally thought of as the process of
reciting rights-based of dispute through the court system,
from filing a law suit through arguments on legal motions
, a discovery phase involving formal exchange of
information , courtroom trial and appeal. Litigation also
encompasses administrative or regulatory processes for
establishing legal rights and resolving disputes. Even if
you do not plan to be a litigator, some familiarity with the
litigation process will help you advise clients on how best
to avoid disputes regarding legal rights (University of
Cincinnati, 2024)
Definition of Litigation
Refers to the process of resolving disputes by
filing or answering a complaint through the public
court system (Cornell Law School, 2022)
Litigation
The most familiar type of dispute resolution, civil
litigation typically involves a defendant facing off
against a plaintiff before either a judge or a judge
and jury. The judge or the jury is responsible for
weighing the evidence and making a ruling. The
information conveyed in hearings and trials usually
enters, and stays on the public record.
Basic Types of
Dispute Resolution
Alternative Dispute
Resolution (ADR)
ADR methods are non-
judicial processes
aimed at settling
disputes outside of
court.
1. Mediation
The goal of mediation is for a neutral third party to
help disputants come to a consensus on their own.
Rather than imposing a solution, a professional
mediator works with the conflicting sides to explore the
interests underlying their positions.
Mediation can be effective at allowing parties to vent
their feelings and fully explore their grievances.
Working with parties together and sometimes
separately, mediators can try to help them hammer out a
resolution that is sustainable, voluntary, and
nonbinding.
2. Arbitration
a neutral third party serves as a judge who is
responsible for resolving the dispute.
The arbitrator listens as each side argues its case and
presents relevant evidence, then renders a binding
decision.
The disputants can negotiate virtually any aspect of
the arbitration process, including whether lawyers will
be present at the time and which standards of evidence
will be used.
Arbitrators hand down decisions that are usually
confidential and that cannot be appealed.
Like mediation, arbitration tends to be much less
expensive than litigation
Alternative Dispute Resolution
(ADR)
3. Conciliation
Similar to mediation but with a
more active role by the conciliator
in proposing solutions.
4. Negotiation – Direct discussion
between parties to reach an
agreement.
Litigation and
Enforcement in the
Philippines
The Philippine legal system
follows a structured litigation
process governed by laws such
as:
- The Civil Code
- Rules of Court
- Special laws on dispute resolution
Court Structure in the Philippines
*Supreme Court* (Final Arbiter)
• - *Court of Appeals* (Reviews lower
court decisions)
*Regional Trial Courts* (Handles
major cases)
• - *Municipal/City Courts* (Handles
minor disputes
Enforcement of Court Decisions
• - *Writs of Execution*:
Enforcing judgments
*Garnishment and Asset
Seizure*: Recovering damages
• - *Appeals Process*:
Contesting decisions in higher
Thank
you