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TERM PAPER OUTLINE

Introduction

 Conflicts in the society

 Procedures of resolving conflicts

 Evolution of the procedures of resolving conflicts from ancient time

to present time

 Roles of arbiters and judges in resolving conflicts

 Judicial power in the Philippines

 Duties and responsibilities of Judges in settling controversies

 Judicial delays in the Philippine courts

 Alternative dispute resolution in the Philippines as a means to

resolve judicial delays

 Duties and responsibilities of arbitrators, mediators and

conciliators in settling disputes

 Similarity of the duties and responsibilities of arbitrators,

mediators and conciliators with the duties and responsibilities of

judges

 Laws on delegation of judicial function in the Philippines

 A question of law: Is the intervention of arbitrators, mediators and

conciliators in settling disputes may be considered as delegation of

judicial function?
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Statement of the Problem

This study aimed to determine whether the intervention of

arbitrators, mediators and conciliators in the resolution of disputes

between conflicting parties is considered as a delegation of judicial

function of the judiciary.

Significance of the Study

The term paper is expected to provide careful understanding of

alternative dispute resolution in the Philippines. Since it is used as a

means of settling disputes between parties, the term paper specifically

seeks to have an in-depth analysis of whether or not the intervention of

arbitrators, mediators and conciliators through alternative dispute

resolution may be considered as a delegation of judicial function of the

judiciary.

Scope and Limitations of the Study

The term paper covers only the alternative dispute resolution in

the Philippines. The study specifically focused on whether the

arbitrators, mediators and conciliators in the Philippines are considered

performing a delegated judicial function by the judiciary.

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Conceptual Framework

 Describing alternative dispute resolution in the Philippines

 Understanding judicial function as vested in the judicial

department

 Examination of laws pertaining to delegation of the judicial

function in the Philippines

 Studying the duties and responsibilities of arbitrators, mediators

and conciliators concerning dispute resolution.

 Comparing the duties and responsibilities of arbitrators, mediators

and conciliators with the duties and responsibilities of judges in

the judiciary.

 Analysis of whether the intervention of arbitrators, mediators and

conciliators in dispute resolution is considered a delegation of

judicial function by the judiciary.

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References:

I. Books, Magazines/Journals

Justice Myrna Vidal (2005). Alternative Dispute Resolution

Antonio E.B. Nachura (2014). Outline Reviewer in Political Law

Ameera Nympha M. Cabreros, et.al. (2015). Fundamentals of

Alternative Dispute Resolution

Matt Hutchings (2016). Delegation of Functions: Principles and

Recent Perspectives

Marthe Lois V. Cordia (2007). Alternative dispute resolution in the

Philippines: Wave of the future or the road less traveled

II. Online/ Internet Sources

Whether Magisterial and Judicial Power Can Be Delegated. Retrieved

March 10, 2018, from https://lonang.com/library/

Alternative Dispute Resolution as a Judicial Tool. Retrieved March

3, 2018, from http://www.supremecourt.tas.gov.au/