Flashcards Studio

A civil action for breach of a software licensing agreement is filed in the trial court. The court orders Judicial Dispute Resolution (JDR) under A.M. 03-1-09-SC as part of the pre-trial procedure under Rule 18 (as amended by A.M. No. 19-10-20-SC). In the JDR sessions, the plaintiff P attends with counsel who has full settlement authority, while the defendant D attends with counsel who states that settlement is not possible at this time. After a full JDR session, the parties reach a partial settlement on monetary terms and a revised delivery/milestone schedule, but disputes remain on the scope of warranties (security and uptime) and on termination rights. The JDR report records the partial agreement and identifies the unresolved items for trial. The court thereafter schedules the matter for trial and issues a pre-trial directive consistent with the JDR report.   (a)Identify the governing doctrinal framework and essential rules governing Judicial Dispute Resolution in the Philippines. (b)Distinguish JDR from other ADR mechanisms, emphasizing its purpose, its place in the procedural cycle, and the effect when a JDR is only partially successful. (c)Apply the facts to determine the proper next steps for the case, stating what the court should do and the legal basis for proceeding to trial on the unresolved issues, including any relevant pre-trial directives.