Confidentiality in alternative dispute resolution process
"My neighbor confessed his past illicit relationship with one of our association’s officers during the alternative dispute resolution proceedings we went through in a complaint I filed against him.
May his wife use this declaration in filing the appropriate action against him?Reema
Dear Reema,Section 9 of Republic Act 9285 or the “Alternative Dispute Resolution Act of 2004” clearly states:
“Section 9. Confidentiality of Information — Information obtained through mediation proceedings shall be subject to the following principles and guidelines:xxx
“(c) Confidential Information shall not be subject to discovery and shall be inadmissible in any adversarial proceeding, whether judicial or quasi-judicial. However, evidence or information that is otherwise admissible or subject to discovery does no become inadmissible or protected from discovery solely by reason of its use in mediation.” (Emphasis supplied)Thus, as a rule, matters discussed in proceedings under alternative dispute resolution are confidential and statements made therein cannot be used in any other proceedings, subject to the above-stated exception.This opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/
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"Confidentiality in alternative dispute resolution process" was written by Mary under the Legal Advice category. It has been read 478 times and generated 0 comments. The article was created on 15 September 2021 and updated on 15 September 2021.
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