By Julius Anthony R. Omila Mediation recognizes the principle of empowerment of the parties-disputants by leaving it to them to settle and the terms of the settlement they will agree on. Hence, in managing the mediation process, unless the parties agree otherwise, a mediator may not “freely” give suggestions, opinions, and recommendations that may unduly […]
By: Atty. Julius Anthony R. Omila Flexibility is a feature of the arbitral process, which makes it more attractive and advantageous than court litigation. As a party-driven process, the rules and procedure, including timelines, in the arbitration are agreed upon by the parties, especially in the Terms of Reference (TOR). When parties agree to […]
Disputes can be resolved in a variety of ways. For one, dispute can be resolved by the use of force. Hence, parties can go to war, use threat or intimidation in getting what they want. On the other hand, parties in a dispute can also invoke and assert their rights over the subject of their […]