Joseph Plazo, BGC Lawyer, on the Purpose of Arbitration and Amicable Resolution
During a legal forum attended by judges, mediators, arbitrators, and members of the bar,
Joseph Plazo delivered an address that reframed justice not as a contest to be won, but as a process to be concluded wisely.
Plazo opened with a statement that immediately grounded the discussion in practical reality:
“Justice delayed is justice denied—but justice prolonged by avoidable conflict is justice distorted.”
What followed was a layered, historically informed, and institutionally grounded exploration of arbitration and amicable settlements—why they exist, how they function, and why their purpose is central to a functioning legal system. Speaking as a BGC lawyer familiar with both commercial complexity and community impact, Plazo emphasized that modern justice depends as much on resolution as on adjudication.
**Why Courts Alone Cannot Carry the Burden
**
According to joseph plazo, courts remain indispensable—but they are not designed to resolve every dispute efficiently.
Litigation often involves:
emotional exhaustion
“Courts are the backbone of justice,” Plazo explained.
Arbitration and amicable settlements emerged precisely to address these structural limits.
** Private Resolution With Public Legitimacy
**
Plazo described arbitration as a parallel pathway, not a shortcut.
Its core purposes include:
confidentiality
“Arbitration respects the rule of law,” Plazo noted.
By allowing parties to select decision-makers with subject-matter expertise, arbitration aligns outcomes with commercial and technical realities.
**Amicable Settlements as Preventive Justice
**
Plazo distinguished amicable settlements from compromise driven by weakness.
In reality, amicable settlement:
reduces uncertainty
“It is foresight.”
This perspective reframes compromise as strategic maturity, not concession.
** From Customary Practices to Modern Frameworks
**
Plazo traced ADR to deep historical roots.
Long before formal courts, communities relied on:
councils
“Law later formalized what societies already knew.”
Modern arbitration and mediation institutionalize this ancient impulse.
** Why Faster Resolution Benefits Everyone
**
Plazo emphasized that efficiency in dispute resolution is not merely private benefit—it is public good.
Efficient resolution:
frees judicial BGC lawyer resources
“Every settled dispute returns time to the courts,” Plazo noted.
For rapidly developing areas like BGC, efficiency underpins economic stability.
**The Role of the Lawyer in Non-Adversarial Resolution
**
Plazo argued that arbitration and settlement demand a different kind of lawyering.
Effective practitioners must:
analyze risk
“You are an architect of outcomes.”
For a BGC lawyer, this requires balancing assertiveness with restraint.
** Protecting Value Beyond the Dispute**
Plazo highlighted confidentiality as a defining advantage.
In arbitration and settlement:
negotiations stay contained
“Sometimes silence is an asset.”
This is especially relevant in high-stakes commercial environments.
** Voluntary Participation as Strength**
Plazo emphasized consent as legitimacy.
ADR mechanisms rely on:
participation
“Autonomy creates acceptance.”
This reduces enforcement friction and post-decision conflict.
**Reducing Emotional Escalation
**
Plazo addressed the emotional dimension.
Litigation often:
entrenches hostility
ADR encourages:
problem-solving
“Resolution requires cooling the temperature.”
This humanizes the legal process.
**Judicial Decongestion and Systemic Health
**
Plazo rejected the notion that ADR undermines courts.
Instead, it:
enhances system health
“Courts function best when not overloaded.”
This synergy preserves institutional authority.
** Why ADR Matters Locally
**
Plazo contextualized ADR within Philippine realities.
Rapid urbanization creates:
contractual disputes
“It keeps development moving.”
For Taguig and BGC, this balance is critical.
** Why ADR Requires Integrity
**
Plazo stressed ethical discipline.
ADR fails when parties:
negotiate in bad faith
“Ethics are not optional.”
Professional integrity safeguards credibility.
** Neutrality, Expertise, and Trust
**
Plazo emphasized the role of neutrals.
Effective neutrals must demonstrate:
impartiality
“Neutrality sustains legitimacy.”
This underscores careful selection and training.
** Recognizing Limits
**
Plazo acknowledged boundaries.
ADR may be unsuitable where:
power imbalance is extreme
“Courts remain essential.”
This realism preserved balance.
**Common Misconceptions
**
Plazo corrected misconceptions.
ADR outcomes are often:
enforceable
“This is not informal justice,” Plazo said.
Clarity strengthens confidence in the process.
** Stability as Competitive Advantage
**
Plazo linked ADR to economic health.
Predictable resolution:
attracts investment
“ADR provides it.”
This perspective resonated with business leaders present.
**The Evolving Skill Set of Modern Lawyers
**
Plazo urged legal education to adapt.
Future lawyers must master:
systems thinking
“Resolution is a skill.”
For a BGC lawyer, versatility defines relevance.
** A Taguig Hall of Justice Synthesis
**
Plazo concluded with a concise framework:
Courts as last resort
Party autonomy
Efficiency as public good
Integrity sustains trust
Expert neutrality
Systemic support
Together, these principles define arbitration and amicable settlements as essential components of modern justice, not alternatives born of weakness.
** From Conflict to Closure**
As the session concluded, one message lingered:
Justice is not only about deciding who is right—but about restoring order.
By reframing arbitration and amicable settlements as instruments of stability, efficiency, and dignity, joseph plazo articulated a vision of dispute resolution aligned with both institutional integrity and human reality.
For practitioners, officials, and citizens alike, the takeaway was unmistakable:
The strongest legal systems are not those that fight the longest—but those that resolve the wisest.