New body to settle gov’t project disputes

President Aquino has transferred the amicable settlement of cases involving government projects from the Office of the President (OP) to the Office of Alternative Dispute Resolution (OADR).

Under Executive Order 97, the OADR can now take over disputes filed in courts, quasijudicial bodies or administrative offices that the OP had previously handled.

The Alternative Dispute Resolution (ADR) Act of 2004 created the OADR, an attached agency of the Department of Justice mandated to promote, develop and expand the use of ADR in the private and public sectors.

Executive Secretary Paquito Ochoa Jr. said EO 97, signed on Oct. 18, aims to hasten the resolution of cases involving government-funded projects to enhance business environment.

OADR will now manage and develop amicable settlements for the executive department.

The new presidential directive will complement EO 78 issued on July 4, 2012, which provides for the mandatory inclusion of ADR in all contracts and agreements for public- private partnership, build-operate-transfer scheme and joint venture entered into between the government and private entities and local government units.

Ochoa said the EOs were in line with the government’s policy of providing a conducive business climate for private investments through the resolution of disputes in ways that are less expensive, tedious and time-consuming, especially for large-scale, capital-intensive infrastructure and development projects.

“The use of ADR will also allow government agencies to focus on other important tasks and functions, such as the delivery of basic services, instead of attending to disputes,” he said.

Under EO 97, the OADR will oversee, monitor, coordinate and evaluate the development of ADR programs and services in agencies under the executive branch.

Each agency is directed to submit a status report to the OADR on the designation of a senior official and an alternate responsible for its ADR programs and activities, among others, within three months from the time the presidential order took effect.

Based on Aquino’s order, each government agency will submit every six months reports and updates on its ADR program to the OADR, along with specific suggestions to cut down delays, changes to existing laws and practices, and enhancement proposals.

Aquino has instructed the OADR to submit to him through Ochoa an annual report on the policies, programs and activities pertaining to the implementation of EO 97.

Ochoa said it has become government policy to actively promote the freedom of parties involved to make their own arrangement in settling disputes for swift and just solution of cases when the ADR Act of 2004 was put in place.

– Delon Porcalla