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Revised Procedural Guidelines in the Conduct of
Voluntary Arbitration Proceedings
Suggested Procedures in Handling Voluntary Arbitration Cases
Proceedings Before Voluntary Arbitrator/s
by Executive Director Reynaldo R. Ubaldo
INITIAL HEARING
1.
Clarification and/or Simplification of Arbitrable Issue/s
Finding the necessity to clarify and/or simplify the issue (s) submitted for arbitration, the voluntary arbitrator or panel of voluntary arbitrators, after conferring with the parties, shall assist the parties in the reformulation thereof.
2. Authority to Conciliate and Mediate
The voluntary arbitrator or panel of voluntary arbitrators are encouraged to conciliate or mediate to aid the parties in reaching a voluntary settlement of the dispute, before proceeding with arbitration.
In the absence of any voluntary settlement, the voluntary arbitrator shall proceed with the hearing of the case on its merits.
3. Authority to Require the Parties to Enter into Stipulation of Facts
To facilitate speedy disposition of cases, in case the parties failed to reach a voluntary settlement of the dispute, the voluntary arbitrator or panel of voluntary arbitrators shall encourage the parties to enter into stipulation of facts, which shall be reduced in writing, signed by the parties, and shall form part of the records of the case.
4. Formulation of Ground Rules
Once the arbitrator determines that no amicable settlement may be effected, the parties and the arbitrator shall jointly formulate the ground rules determining the following:
•The date, time and place of hearing -
Schedule and frequency of hearings
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Rules on postponements -
Period and manner of submission of position papers and other pleadings -
Period to decide the case -
Cost of arbitration -
Recording/documentation of proceedings
5.
Determination for the Necessity of a Formal Hearing.
Immediately after the submission of the position papers and other pleadings, the voluntary arbitrator shall determine the need for holding a formal hearing where at his discretion, clarificatory questions may be asked from witnesses to further elicit information material to the case.
HEARING PROPER
1. Presentation of witnesses
2. Direct and cross examination
3. Redirect and re-cross examination
4. Plant Level, if necessary
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