V. A Possible Role for Arbitration in Agrarian Justice Cases Arbitration is an alternative dispute resolution process. In private contracts, it is encouraged by the Alternative Dispute Processing Law of 2004 or RA 9285. Because of the provisions of RA 6657, it is not allowed for agrarian disputes. In arbitration, the parties choose the neutral third parties. These third parties might come from a pool of accredited private parties (lawyers, professors, farmer leaders). Ad hoc arbitration allows the parties to define how many arbitrators will be present. Many institutionally sponsored arbitral processes, including the UNCITRAL Model adopted by the ADR law, specify three arbitrators by default. Each party chooses one arbitrator. The two arbitrators chosen will select a third who will act as the chair of the arbitral panel. A challenge procedure for purposes of revealing bias or interest can be instituted. The costs are also borne by the parties although the law can provide assistance to the poor. Unlike in adjudication, there is more incentive for arbitrators to hone their skills. Parties choose them. Theoretically, their reputation increases with every successful settlement of a conflict. Arbitrators come from a pool and most arbitrations require third parties. Most of the individuals who become accredited, therefore, will aspire to be fair and unbiased. Furthermore, since the costs can be borne by the parties (with state participation to ensure subsidies for those who are poor), the opportunity cost of the arbitrator’s time is properly compensated. Besides, this will be a way of ensuring that private benefits are not improperly subsidized by the state. Depending also on the law, parties can also be free to choose the language and the procedure. The parties might submit their case for decision through mere documentary evidence or they might prefer informal hearings where testimony and documents can be produced. Since costs are borne by the parties, there will be assurances that the arbitrated award will come sooner than through ordinary adjudication. Arbitration could also accommodate situations where the parties agree to an amicable settlement rather than wait for an award. Courts can come in to enforce arbitrated awards and provisional remedies requested by the parties. Arbitrated awards are final and may not be appealed. They may only be vacated should there be fundamental shortcomings in the process, such as corruption or fraud. Hence arbitration reduces the number of layers of dispute processing to three: one layer for arbitration; and two layers consisting of judicial appeals (trial court and Supreme Court). It also narrows the grounds for going to courts. Incidentally, it will also reduce the docket for administrative adjudication.
VI. A Typology of Conflicts Administrative adjudication cannot be completely eliminated. It is necessary where one of the parties is the State or in instances where the subject of the conflict is one of public interest. For this purpose, we can classify agrarian conflicts into six types.
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