I. Mission and Objective

Our mission is to promote the use of alternative dispute resolution (ADR), particularly in the workplace setting. We aim to educate providers of ADR by providing world- class seminars and workshops. We aspire to raise awareness of end-users of ADR
as to the benefits of its use with the end goal of assisting these users in incorporating
ADR as part of their overall business strategy.

II. Alternative Dispute Resolution Process

Process & Rules.

Our neutrals are able to provide both arbitration and mediation services. We adopt the following rules for each ADR process unless there is a stipulation of the parties to the contrary:

1. Arbitration: We conduct our Arbitration proceedings under the UNCITRAL Arbitration Rules (as revised in 2010). Parties may access these rules using the following link: https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/arb-rules-revised-2010-e.pdf
2. Mediation: We conduct our Mediation proceedings in accordance with the UNCITRAL Mediation Rules. Parties may access these rules using the following link: https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/uncitral_mediation_rules_advance_copy.pdf.
3. Mediation-Arbitration: We also offer Mediation-Arbitration services, a two-step process. We conduct mediation under the UNCITRAL Mediation rules. Parties who fail to enter into a settlement agreement during the mediation process can undertake arbitration under the UNCITRAL Arbitration Rules.
4. Conciliation: We conduct our conciliation proceedings in accordance with the UNCITRAL Conciliation Rules. Parties may access these rules using the following link: https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/conc-rules-e.pdf.
5. Negotiation: We assist in negotiation proceedings between the parties in accordance with the procedure that is to be adopted by them. Aside from the process of initiating negotiation proceedings, as described below, we do not adopt any rules of procedure for this mode to afford maximum flexibility to the parties.
6. Early Neutral Evaluation: We conduct our Early Neutral Evaluation proceedings in accordance with the procedure set forth under Article 7.6, Rule 2, Chapter 7 of the Implementing Rules and Regulations of R.A. 9285. Parties may access these rules using the following link: https://www.doj.gov.ph/files/irr-of-adr.pdf.
7. Mini-trial: We conduct our Mini-Trial services in accordance with the procedure set forth under Article 7.7, Rule 3, Chapter 7 of the Implementing Rules and Regulations of R.A. 9285. Parties may access these rules using the following link: https://www.doj.gov.ph/files/irr-of-adr.pdf.

III. Commencement of Alternative Dispute Resolution Proceedings.

Procedure to Commence Arbitration.  

1. A party requesting arbitration must communicate to the responding party a notice of arbitration. Such Notice should comply with Article 3 of the UNCITRAL Arbitration Rules. Such Notice must also be sent to the Secretariat.
2. A non-refundable filing fee should be deposited to the bank account of KPH Law (details available upon request). The deposit slip should be sent by e-mail to info@kph.law
3. The Respondent may file its Answer to the Notice or make any appropriate requests. The Answer should be filed with the Secretariat and served on the Claimant by e-mail.
4. Thereafter, the procedure for the appointment of the Arbitral Tribunal shall follow the rules set forth under the UNCITRAL Arbitration Rules (as revised in 2010).

Overview of the Procedure

Procedure to Commence Mediation.

1. Mediation shall be deemed to commence on the day on which the parties to that dispute agree to engage in mediation unless otherwise agreed. If a party that invited another party to mediate does not receive an acceptance of the invitation within 30 days from the day on which the invitation was sent by any means that provides for a record of its transmission, or within such other period of time as specified in the invitation, the party may elect to treat this as a rejection of the invitation to mediate. (Article 2, UNCITRAL Mediation Rules).
2. The parties requesting mediation services must communicate to the Secretariat their agreement to mediate.
3. A non-refundable filing fee should be deposited to the bank account of KPH Law (details available upon request). The deposit slip should be sent by e-mail to info@kph.law
4. The procedure for the selection of the mediator shall follow the rules set forth under the UNCITRAL Mediation Rules.
5. A party may course through the Secretariat its request for mediation. In that event, such party must communicate to the Secretariat the request, the details of all the parties involved in the dispute, accompanied by a non-refundable facilitation fee of five thousand pesos (Php. 5,000). After receipt of the request and the deposit of the facilitation fee, the Secretariat shall, within ten business days, transmit the said request to parties as indicated in the request.

Overview of the Procedure

 Procedure to Commence Mediation-Arbitration

1. A party must first commence mediation in accordance with the procedure set forth in the section entitled “Procedure to Commence Mediation.”
2. After the lapse of a specified period agreed upon by the parties for mediation, or when mediation is deemed to be rejected or is otherwise terminated, any party may request the commencement of arbitration in accordance with the procedure set forth in the section entitled “Procedure to Commence Arbitration.”
3. No person who has been engaged and acted as a mediator of a dispute between the parties, following a failed mediation, act as arbitrator of the same dispute, unless the parties, in a written agreement, expressly authorize the mediator to hear and decide the case as an arbitrator (Article 7.8, Rule 4, Implementing Rules and Regulations of R.A. 9285).

Overview of the Procedure

Procedure to Commence Conciliation

1. Any party requesting conciliation shall send the other party a written invitation to conciliate with a brief statement on the subject matter of the dispute.
2. Once the other party accepts the invitation to conciliate, both parties must then communicate to the Secretariat their agreement to conciliate.
3. A non-refundable filing fee should be deposited to the bank account of KPH Law (details available upon request). The deposit slip should be sent by e-mail to info@kph.law
4. The procedure for the conciliation shall follow the rules set forth under the UNCITRAL Conciliation Rules.
5. A party may course through the Secretariat its request for conciliation. In that event, such party must communicate to the Secretariat the request, the details of all the parties involved in the dispute, accompanied by a non-refundable facilitation fee of five thousand pesos (Php. 5,000). After receipt of the request and the deposit of the facilitation fee, the Secretariat shall, within ten business days, transmit the said request to parties as indicated in the request.

Overview of the Procedure

Procedure to Commence Negotiation

1. Any party requesting negotiation shall send the other party a written invitation to negotiate.
2. Once the other party accepts the invitation to negotiate, both parties must then communicate to the Secretariat their agreement to negotiate.
3. Once the Secretariat receives the joint request for negotiation or the unconditional acceptance of the request, and upon payment of the necessary administrative fee, the negotiation is deemed to have been commenced.
4. A non-refundable administrative fee should be deposited to the bank account of KPH Law (details available upon request). The deposit slip should be sent by e-mail to info@kph.law.
5. Within five (5) working days from the commencement of the negotiation, the Secretariat shall transmit the list of accredited neutrals to the parties. The parties shall then be given fifteen (15) days from their receipt of the list to select the number of neutrals in accordance with their agreement. Absent any agreement as to the number of neutrals, there shall be a sole negotiator who shall assist the parties.
6. Within fifteen (15) days from the receipt of the list of neutrals, the parties shall appoint their neutrals. Failure on the part of the parties to agree on a neutral or absent any agreement after the lapse of the said period, the Institution shall assign a neutral who will assist the parties.
7. A party may course through the Secretariat its request for conciliation. In that event, such party must communicate to the Secretariat the request, the details of all the parties involved in the dispute, accompanied by a non-refundable facilitation fee of five thousand pesos (Php. 5,000). After receipt of the request and the deposit of the facilitation fee, the Secretariat shall, within ten business days, transmit the said request to parties as indicated in the request.

Overview of the Procedure

Procedure to Commence Early Neutral Evaluation

1. Any party requesting Early Neutral Evaluation shall send the other party a written invitation to undergo Early Neutral Evaluation with a brief statement on the subject matter of the dispute.
2. Once the other party accepts the invitation to undertake Early Neutral Evaluation, both parties must then communicate to the Secretariat their agreement to undergo Early Neutral Evaluation.
3. A non-refundable filing fee should be deposited to the bank account of KPH Law (details available upon request). The deposit slip should be sent by e-mail to info@kph.law
4. The procedure for Early Neutral Evaluation shall follow the rules set forth under Article 7.6, Rule 2, Chapter 7, Implementing Rules and Regulations, R.A. 9285.
5. A party may course through the Secretariat its request for conciliation. In that event, such party must communicate to the Secretariat the request, the details of all the parties involved in the dispute, accompanied by a non-refundable facilitation fee of five thousand pesos (Php. 5,000). After receipt of the request and the deposit of the facilitation fee, the Secretariat shall, within ten business days, transmit the said request to parties as indicated in the request.

Overview of the Process

Procedure to Commence Mini-Trial

1. Any party requesting Mini-Trial shall send the other party a written invitation to undergo Mini-Trial with a brief statement on the subject matter of the dispute.
2. Once the other party accepts the invitation to undertake Mini-Trial, both parties must then communicate to the Secretariat their request to undergo Mini-Trial.
3. Once the parties communicate their request to undergo a Mini-Trial to the Secretariat, the same shall be deemed as a Mini-Trial conducted with the participation of a neutral third person.
4. A non-refundable filing fee should be deposited to the bank account of KPH Law (details available upon request). The deposit slip should be sent by e-mail to info@kph.law
5. The procedure for Mini-Trial shall follow the rules set forth under Article 7.7, Rule 2, Chapter 7, Implementing Rules and Regulations, R.A. 9285.

Overview of the Process

IV. Enforcement & Recourse.

Enforcement & Recourse of Arbitral Awards and Settlement Agreements. Awards or Settlement agreements resulting from arbitration or mediation can be enforced in accordance with the UNCITRAL Arbitration Rules or the UNCITRAL Mediation rules, as the case may be. Such Awards or Settlement agreements are also subject to the relevant enforcement and recourse mechanisms as provided in Republic Act 9285, the New York Convention of 1958, and the Singapore Convention on Mediation, if applicable.

Parties may access these texts using the following links:

1. Republic Act 9285
2. United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)
3. Singapore Mediation Convention 

Enforcement & Recourse for other binding agreements.

Binding agreements voluntarily entered into by the parties as a result of the other alternative dispute resolution proceedings shall be enforced in accordance with the applicable rules on mediation and arbitration that is more akin to such process, as the case may be (Article 7.2 & Article 7.3, Rule 1, Chapter 7, Implementing Rules and Regulations, R.A. 9285.)

Moreover, binding agreements voluntarily entered into by the parties may be enforced as a regular contract in accordance with the provisions of the Civil Code of the Philippines. As such, any party seeking Recourse may invoke the relevant provisions of the Civil Code for void, voidable, and unenforceable contracts.

V. Ethical Guidelines

1. Our neutrals adopt the 1987 IBA Rules of Ethics for International Arbitrators and the 2014 IBA Guidelines on Conflicts of Interest in International Arbitration as its Code of Ethics in serving as neutrals in alternative dispute resolution proceedings.
2. In addition, our neutrals, who are members of the Philippine Bar, abide by the Code of Professional Responsibility promulgated by the Supreme Court of the Philippines.

VI. Guidelines for Complaints Against Neutrals

1. Any person who is dissatisfied with the conduct of our neutrals can file a complaint in writing by sending a communication to info@kph.law and mailing a copy to Kalaw Prasad & Hofileña, SQH Building, Km 27 Emilio Aguinaldo Highway Anabu 2F Imus City Cavite.
2. The complaint shall state the name of the neutral involved, its legal basis, the material facts and shall be accompanied by the necessary documentary evidence supporting the complaint.
3. Upon receipt, the complaint shall be forwarded to the Special Committee on Discipline, who will be in charge of reviewing, evaluating, and deciding the complaint. After the initial review of the complaint, the Special Committee shall seek comments from the neutral involved, who shall submit a written comment to the complaint within fifteen (15) days from the Notice. Thereafter, the Special Committee may schedule oral hearings as it may deem necessary or require the parties to submit additional documents.
4. If the complaint is found to be justified, the Special Committee shall decide on the appropriate sanctions for the neutral, including removal from the roster of accredited neutrals, suspension, forfeiture, or withholding of compensation.
5. All decisions made by the Special Committee are final and not subject to appeal.

VII. Fees

For our services as neutrals for all proceedings instituted under the Institution, we adopt the following fee schedule:

The calculation of fees shall be subject to a complexity factor between 0.5 to 3, depending on the complexity of the case, the number of neutral involved, and the subject matter of the dispute. Thus:

Fees = ((Compensation for Neutrals * Complexity Factor) * Number of Neutral) + (Administrative Fees * Complexity Factor)

Such fees are exclusive of out-of-pocket expenses,  Value-Added Tax, and other taxes & similar charges.

VIII. Qualification Standards of Neutrals

In order to qualify as a neutral, aspiring applicants must complete the following:

General Requirements:

1. Be a resident and citizen of the Philippines; and
2. Present satisfactory evidence of good moral character, and that no charges against him/her involving moral turpitude have been filed or pending, nor has he/she been found guilty of such in any Court, quasi-judicial, or administrative bodies in the Philippines or elsewhere.

Specific Requirements:

1. Training: Must have undergone and completed the appropriate accreditation course as offered by Kalaw Prasad and Hofileña Law.
2. Examination: Payment of the corresponding examination fee and must have passed the accreditation examination.

Application Requirements:

All interested applicants must submit the following documents in support of their application to undertake the accreditation course:

• Proof of payment of the applicable registration fee;
• Proof of residency in the Philippines;
• Applicant’s Curriculum Vitae;
• A letter of intent to undertake the accreditation course; and
• Endorsement of at least two colleagues highlighting the experience of the applicant in the field of alternative dispute resolution.

IX. Our Neutrals

X. Contact Us

E-mail address: info@kph.law.

Mailing address: SQH Building, Km 27 Emilio Aguinaldo Highway Anabu 2F Imus City Cavite.

Contact Number: (+63) 917 620 6240 / (046) 884 6361