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A main criticism against R.A. 8504 is the insufficiency or vagueness ofmany of its provisions. This is supposed to be remedied by the implementingrules and regulations drawn up by the Philippine National AIDS Council.However, many gaps still remain.For one, while R.A. 8504 provides that compulsory HIV testing is deemedunlawful, there is no provision that imposes penalties should this clausebe breached.Contributing to the persistence of insufficient and vague provisions is thefact that no PLHIV has yet gone to court and made use of R.A. 8504. It ispossible that, if put to the test of actual litigation, the vague provisions canbe made more explicit and interpreted to the advantage of PLHIV.C. POTENTIALS AND LIMITATIONS OF MEDIATION AND OTHERFORMS OF ALTERNATIVE DISPUTE RESOLUTION (ADR)Mediation and other forms of ADR seem to be appropriate redressmechanisms for HIV-related violations because of the following reasons:■ confidential procedures■ faster than court litigation■ less costly in the long run■ higher compliance rates (since the parties forge the settlementtogether)■. flexible processes and rules, which may be modified to suit parties’concerns■ could address multi-party and/or multi-dimensional problems■■legal framework supporting ADR fully in placecould result in the restoration and/or maintenance of civil orharmonious relationsOn the other hand, ADR poses a number of limitations, among them:■ ADR is fundamentally consensual, needing the prior agreement ofthe parties in dispute■ does not result in penalization■ cannot serve as binding precedentMoreover, court-annexed mediation does not guarantee absoluteconfidentiality. The fact that a case has to be filed in court first, before aJudge can order a pre-trial process that includes mediation, makes it opento public scrutiny.52 SEEKING REDRESS FOR HIV-RELATED VIOLATIONS OF HUMAN RIGHTS