To address the need of mediation and conflict resolution among parties involved in the disposition of land claims and conflicts, the Department of Environment and Natural Resources (DENR) XII through its Legal Division facilitated a Refresher Lecture and Workshop on Alternative Dispute Resolution (ADR) on June 4, 2021 at the agency’s Function Hall, Koronadal City.
In his message, DENR XII Regional Executive Director (RED) Atty. Felix S. Alicer lauded the Legal Division for spearheading the said workshop. He also emphasized that decision-making on legal matters may and may not have a favorable response for each and both parties involved.
“You cannot please all the parties of the case no matter how reasonable the decision is. Through ADR, there will be concessions. One party will give way. If you are a mediator, you need to internalize. What is important is the skill of listening”, he said.
Resource speakers from the DENR Central Office - Investigation and Arbitration Division (INAD) of the Legal Affairs Service in the names of Atty. Paulo Enrico Dones, Atty. III; Atty. Ar-reb Aquino, Atty. III; and Atty. Kevin Crust Groyon, Atty. III discussed provisional matters on Disputes and Resolution Mechanisms in Land Claims and Conflicts, DAO 2016-30, Mandatory ADR Pendency of Claims and Conflicts, and Common Provisions on ADR. Presentations were presented in accordance to the guidelines of ADR in Land Management and Disposition of DENR.
Meanwhile in an open forum, Atty. Geraldine D. Ramos, Chief of Investigation and Arbitration Division and Head of ADR Secretariat clarified queries on the constitutionality and nature of ADR such as that ADR intercedes through mediation and not through arbitration. Atty. Mae Fretzel H. Deadio, FADRO of Regional Office further explained the benefits of the said Resolution and further discussed the different online platforms available for Virtual ADR. ADROs were also grouped for mock in person and through virtual ADR proceedings. Mr. Elmer S. Mercado, ADRO and Planning Officer of PENRO Sarangani also discussed the Good and Effective Practices in the Conduct of Successful ADR.
The ADR procedure was implemented by the department pursuant to Republic Act 9285 or the Alternative Dispute Resolution Act of 2004 and Executive Order 523, instituting the Use of ADR in the Executive Department of the Government. ADR is necessary for the operations of DENR since December 2016 with the issuance of DENR Administrative Order 2016-30 calling for the establishment of mechanisms and tools for ADR in the disposition of land claims and conflicts, the organization of a pool of ADROs, and the creation of a committee and secretariat tasked to implement the ADR process.
The learning workshop was conducted with a virtual online presentation through a limited face-to face set-up and via zoom teleconference participated by Alternative Dispute Resolution Officers (ADROs), Special Investigators (SIs) and Planning Officers from the Provincial and Community Environment and Natural Resources Offices (P/CENROs) of Region XII. | Photo Courtesy: RSCIG