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Conflict Resolution Agreement for Philippines

Conflict Resolution Agreement Template for Philippines

A comprehensive legal document governed by Philippine law that establishes a structured framework for resolving disputes between parties through alternative dispute resolution methods. The agreement details specific procedures for conflict resolution, including mandatory negotiation periods, mediation processes, and arbitration protocols, all aligned with the Philippine Alternative Dispute Resolution Act of 2004 (RA 9285). It provides clear guidelines for dispute escalation, timeframes for each resolution stage, cost allocation, and the appointment of mediators or arbitrators, while ensuring compliance with local legal requirements and promoting efficient, cost-effective dispute resolution outside the court system.

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What is a Conflict Resolution Agreement?

The Conflict Resolution Agreement serves as a critical tool for businesses operating in the Philippines to manage disputes efficiently and cost-effectively. This document becomes essential when parties wish to establish clear, predetermined procedures for resolving potential conflicts without immediate recourse to litigation. Aligned with Philippine legal requirements, particularly the Alternative Dispute Resolution Act (RA 9285), it provides a comprehensive framework for alternative dispute resolution methods. The agreement typically includes mechanisms for informal resolution, mediation, and arbitration, with specific provisions adapted to Philippine business practices and legal standards. It's particularly valuable for ongoing business relationships where maintaining commercial relationships is prioritized, and the formal court system should be considered a last resort.

What sections should be included in a Conflict Resolution Agreement?

1. Parties: Identification and details of all parties entering into the agreement

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Purpose and Scope: Clear statement of the agreement's objectives and what types of disputes it covers

5. Good Faith Resolution: Requirement for parties to attempt informal resolution through good faith discussions

6. Mediation Procedure: Detailed process for mediation, including mediator selection, timeframes, and conduct

7. Arbitration Procedure: Process for arbitration if mediation fails, including arbitrator selection, applicable rules, and procedures

8. Costs and Expenses: Allocation of costs for different dispute resolution methods

9. Confidentiality: Obligations regarding confidentiality of the dispute resolution process

10. Notices: Process for serving notices related to dispute resolution

11. Governing Law: Specification of Philippine law as governing law and relevant jurisdiction

12. Binding Effect: Statement on the binding nature of the agreement and any resolution reached

13. Term and Termination: Duration of the agreement and conditions for termination

14. Execution: Signature blocks and execution requirements

What sections are optional to include in a Conflict Resolution Agreement?

1. Emergency Relief: Procedures for seeking urgent interim relief when immediate action is required

2. Multi-tiered Resolution: Additional tiers of resolution before mediation/arbitration, such as escalation to senior management

3. Expert Determination: Process for referring technical matters to expert determination

4. International Disputes: Special provisions for cross-border disputes, including choice of language and venue

5. Class Action Waiver: Waiver of right to participate in class actions, where legally permissible

6. Severability: Provisions for maintaining validity if parts of the agreement are found unenforceable

7. Amendment Process: Procedures for modifying the agreement

8. Force Majeure: Provisions for handling disputes during extraordinary circumstances

What schedules should be included in a Conflict Resolution Agreement?

1. Schedule A - Mediation Rules: Detailed rules and procedures for the mediation process

2. Schedule B - Arbitration Rules: Detailed rules and procedures for the arbitration process

3. Schedule C - Fee Schedule: Schedule of fees for mediators, arbitrators, and administrative costs

4. Schedule D - Notice Forms: Template forms for initiating different dispute resolution procedures

5. Schedule E - Mediator/Arbitrator Qualifications: Required qualifications and selection criteria for mediators and arbitrators

6. Appendix 1 - Flowchart: Visual representation of the dispute resolution process

7. Appendix 2 - Code of Ethics: Ethical guidelines for parties, mediators, and arbitrators

8. Appendix 3 - Confidentiality Agreement: Standard form confidentiality agreement for all participants in the process

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions










































Clauses






























Relevant Industries

Manufacturing

Technology

Construction

Real Estate

Financial Services

Healthcare

Retail

Professional Services

Transportation

Energy

Telecommunications

Education

Hospitality

Agriculture

Mining

Relevant Teams

Legal

Compliance

Risk Management

Operations

Human Resources

Corporate Affairs

Commercial

Procurement

Business Development

Contract Administration

Executive Leadership

Project Management

Relevant Roles

Chief Legal Officer

Legal Counsel

Compliance Officer

Contract Manager

Business Development Manager

Operations Director

Risk Manager

Project Manager

Procurement Manager

Human Resources Director

Chief Executive Officer

Chief Operating Officer

Commercial Director

General Manager

Corporate Secretary

Relationship Manager

Account Executive

Supply Chain Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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