DOE forms committee to settle disputes in contract issuances

MANILA, Philippines - The Department of Energy (DOE) has created an Alternative Dispute Resolution (ADR) Committee to mediate, settle and resolve in an amicable, conciliatory and expeditious manner disputes and conflicts among parties over the issues of contracts by the department for various projects.

In Department Order 2015-03-0002 signed by Energy Secretary Carlos Jericho Petilla, the DOE mandated the creation of the committee which would develop and recommend measures aimed at settling disputes among parties that may arise over DOE-approved contracts.

The primary responsibility of the committee is to: “Mediate, settle, and resolve in an amicable, conciliatory and expeditious manner disputes and conflicts between or among the parties or applicants over the issuance by DOE of contracts, permits or any other licenses and approvals.”

Furthermore, the order tasked the committee to review periodically the ADR processes in their respective area of jurisdiction and develop specific procedures to reduce delay in the resolution and settlement of disputes, conflicts or cases arising from the implementation of the DOE’s functions and mandate.

The committee will also prepare their respective reports and data for consolidation by the Legal Services and submission to Office for Alternative Dispute Resolution of the Department of Justice.

In the order, Petilla said the committee shall be chaired by an Assistant Secretary with jurisdiction over the nature of the matter in dispute, and would have three members. These are the assistant director of the concerned bureau, the director of legal services and one technical expert to be nominated by the director of the concerned bureau or services.

 “The committee shall have the right to request directly the assistance of other offices, bureaus and units of the DOE whenever it is necessary in the expeditious and effective performance of its duties and responsibilities,” the order also said.

Furthermore, the proceedings of the committee and all the information and communication arising from the proceeds shall be considered confidential and privileged and shall not be disclose do third parties without prior written consent of the parties to the dispute.