DOMINICAN REPUBLIC Law and Practice Contributed by: John Seibel, Fernando Henríquez, Patricio Silvestre, Cerjossy Tapia, Yeison Henríquez and Banahí Márquez, Seibel Henríquez
4. Other ADR Methods 4.1 ADR Procedures Dominican Alternative Dispute Resolution Framework
initiated; each statutory limitation period continues to run unless a specific exception applies. 4.5 Confidentiality Confidentiality of ADR Proceedings Mediation, conciliation, and arbitration are all subject to strict confidentiality. In mediation and concilia- tion, confidentiality is a foundational principle; par- ties and mediators typically execute non-disclosure agreements ensuring that admissions, proposals, and settlement discussions cannot later be used as evi- dence in subsequent litigation. Under the Commercial Arbitration Law (Law No 489-08), Article 22 expressly mandates confidentiality for arbitrators, parties, and institutions unless the parties agree otherwise. 4.6 Costs Cost Allocation in ADR Cost allocation depends on the forum. Judicial media- tion services provided by the Judiciary’s Mediation Centres are offered at no charge to the parties. In pri- vate ADR centres ‒ such as the Dispute Resolution Centre of the Chamber of Commerce ‒ costs comprise administrative fees and mediator honoraria, which are typically divided equally between the parties unless they agree otherwise. In arbitration, the arbitral tribu- nal has discretion to allocate costs and fees to the unsuccessful party in its final award. 4.7 Courts and ADR Judicial Support for ADR Dominican courts maintain a proactive stance towards ADR. The Supreme Court of Justice formally estab- lished ADR promotion as a “public policy of the Judi- ciary” through Resolution 402-2006, which led to the creation of a national network of Judicial Mediation Centres and the subsequent Resolution 446-2023. Courts consistently respect both the competence- competence principle and the New York Convention, limiting judicial intervention in arbitral matters to the specific statutory grounds for annulment.
The Dominican legal system actively promotes ADR mechanisms as efficient tools for resolving commer- cial disputes and reducing pressure on the courts. Beyond litigation and arbitration, the primary formal ADR procedures available are mediation and concili- ation. 4.2 Requirements to Engage in ADR Voluntary and Mandatory ADR ADR participation is generally voluntary and depends on the parties’ agreement. However, Dominican law mandates conciliation or mediation as a prerequisite to litigation in certain subject-matter areas. If a party fails to exhaust a mandatory ADR requirement before filing a lawsuit, the court may suspend proceedings or declare the claim inadmissible for non-compliance with a procedural prerequisite. Additionally, a valid arbitration agreement allows a party to raise a jurisdic- tional objection that compels the court to refer the dis- pute to arbitration rather than proceed with litigation. 4.3 Impact of ADR Preservation of Litigation and Arbitration Rights Participation in ADR does not waive or diminish a party’s right to pursue litigation or arbitration. ADR processes are non-binding; if the parties do not reach a settlement agreement, the judicial or arbitral process resumes from the point at which it was suspended. The opportunity to pursue alternative means of resolu- tion therefore carries no prejudicial effect on a party’s legal rights. 4.4 Timing of ADR Timing and Effect on Limitation Periods ADR may occur at any procedural stage ‒ before a claim is filed, during trial, or even during enforcement proceedings. Extrajudicial mediation frequently takes place prior to litigation. Supreme Court Resolution 446-2023 grants judges the authority to offer media- tion and conciliation services at the first hearing in any instance. Importantly, Dominican law does not con- tain a general rule automatically suspending limitation periods merely because extrajudicial ADR has been
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