Questionnaire

For Alternative Dispute Resolution Officers

Introduction: This questionnaire aims to gather your expert insights as an ADR Officer
on how legal frameworks and social factors influence the practical implementation and outcomes
of ADR in the context of DENR administrative titling processes. The information that will be
gathered shall be treated as confidential and shall solely be used for the above said purpose. Your
participation is deemed purely voluntary and you have the freedom to withdraw from
participating here anytime.

Part 1. Social Factors: Accessibility and Trust

1. Based on your experience facilitating ADR, how accessible are these processes, in reality, for
the various stakeholders involved in DENR administrative titling disputes? Please consider
factors like cost, location of sessions, and parties' understanding of ADR.

The ADR is an accessible service for the public considering that they no longer have to
hire the services of a private lawyer in their attempt to settle dispute. However, many
stakeholders, especially those in rural areas, are unfamiliar with ADR processes or skeptical
about their effectiveness.

2. What specific challenges related to accessibility (e.g., geographical, financial, informational)

have you observed hindering the participation of certain stakeholders, particularly marginalized
communities, in ADR for land titling issues? Please provide detailed accounts and suggest
strategies to overcome these barriers.

Limited infrastructure and transportation costs make it difficult for stakeholders to attend
ADR sessions. It is suggested that ADROs be allocated with sufficient funds so that it will be the
ADROs to go the rural or remote areas instead of requiring the parties to travel to the office.

3. In your interactions with disputing parties in DENR administrative titling cases, how would
you characterize their general level of trust in the ADR process and in your role as a neutral
facilitator? Please explain the factors that contribute to or detract from this trust.

Some disputing parties feel pressured or intimidated, particularly when facing with the
other parties who have better status of living than them or belonging to influential families.
Hence, it is important that we introduce to them the ADR process by emphasizing that they are
the decision-makers, and that ADR officers will only facilitate their dispute resolution.

4. What factors do you believe are most critical in establishing and maintaining the trust of all
parties involved in ADR for DENR administrative titling disputes? Please discuss the relative
importance of factors such as neutrality, transparency, fairness, competency, confidentiality,
enforceability, and cultural appropriateness.

Some disputing parties are not familiar with the ADR process. It is suggested to conduct
community-based ADR awareness campaigns, using local languages and culturally relevant
materials. It is also important to provide continuous professional trainings to ADROs.

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Part 2. Improving ADR in DENR Administrative Titling

5. In your professional opinion, how effective is ADR currently in resolving disputes related to
DENR administrative titling? Please justify your assessment with specific observations and
examples.

ADR is cost-effective and speedy mode of resolving conflicts. However, when a dispute
is too complex such as when there are already crimes involved (forcible entry, etc), ADR no
longer becomes applicable and parties will now have to resort to litigation.

6. What strategies or approaches have you found to be particularly successful in facilitating the
resolution of land titling disputes through ADR? Please provide detailed examples and explain
why these methods are effective.

It is important that before the ADR process, the ADRO introduces himself/herself to the
parties properly to establish trust and guarantee that there will be fairness, integrity and
competence in the process.

7. Based on your experience, what specific changes or additions to the existing legal framework
or DENR administrative policies would significantly enhance the effectiveness and uptake of
ADR in land titling cases? Please be specific and provide rationale for your suggestions.

I think ADR should be applicable even when there is no pending land title application. It
will be more helpful if ADROs can, by themselves, recommend a case to be subject of ADR,
even if there is no docketed free patent application, as long as the dispute concerns a public land.

8. What kind of training or support do you believe would be most beneficial for ADR officers
working on DENR administrative titling disputes? Please prioritize your suggestions and explain
how each type of training would improve your effectiveness.

A. Digital ADR and Virtual Mediation Training

With the rise of virtual ADR, officers must be proficient in online dispute resolution
tools. It will help expand accessibility for remote communities and improves efficiency in
handling cases.

B. Legal and Policy Training

ADR officers must have a deep understanding of land laws, DENR administrative orders,
and ADR principles to ensure fair and legally sound resolutions. It helps strengthen officers'
ability to interpret legal frameworks, apply ADR mechanisms appropriately, and guide disputing
parties through the process.

C. Psychological and Emotional Intelligence Training

Land disputes can be emotionally charged, requiring ADR officers to manage tensions
effectively. It will help equip officers with techniques to de-escalate conflicts, build rapport, and
maintain neutrality.

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9. What role do you see ADR officers playing in promoting the use of ADR within the DENR
administrative titling system and among the stakeholders involved? Please describe the
responsibilities and actions that ADR officers should undertake to advance ADR in this context.

Providing Legal and Procedural Guidance

Assist parties in understanding ADR processes and their rights within the system.
Ensure compliance with DENR Administrative Orders governing ADR in land disputes.

Enhancing Accessibility
Advocate for mobile ADR units to reach remote communities.
Support the expansion of virtual ADR platforms to overcome geographical barriers.

Monitoring and Improving ADR Implementation

Gather feedback from stakeholders to refine ADR procedures.
Work with policymakers to address challenges and improve ADR effectiveness.

Respondent Information (Optional):

Your Name (Optional): _________________________

Years of Experience as an ADR Officer: _________________________
Province/ Region Assigned: _________________________