1 Belen, Liddy Jane C.

FREQUENTLY ASKED QUESTIONS

What does a mediator do?
During mediation proceedings, the mediator will have to monitor
and analyze what is happening, set the order of discussion and
keep track of time, distinguish the real issues behind the
conflict, manage the interaction and facilitate communication.
He or she must be able to patiently hear both sides of the story
without judgment and help each side understand the others
perspective. The mediator will then be able to offer positive
suggestions or options that will help resolve the problem.
Who can be a mediator? What are their qualifications?
To become a mediator, one must be at least 30 years of age
with a bachelors degree. Proficiency in oral and written
communication in English and Filipino is also required.

The prospective mediator must also possess a good moral
character and willingness to learn new skills and be of service to
the public.
How are they accredited?
Qualified applicants must complete mediation seminar-
workshops and pass a written exercise to test their proficiency in
oral and written communication from the Philippine Judicial
Academy (PHILJA).

PHILJA can also request mediation training services from other
organizations or individuals. Each applicant must be certified to
have finished the training and evaluated on their overall
performance. On the basis of the report, PHILJA will submit a list
of recommended mediators for accreditation to the Court. If
approved by the Court, the accreditation is effective for two
years.
I want to be a mediator myself. What do I do?
The prospective mediator must submit the following
to PHILJA:
curriculum vitae with 2x2 photo
college school records;
National Bureau of Investigation/police clearance;
certificates of good moral character from two persons not
related to the applicant.

PHILJA will then administer a written comprehension exam and
interview and evaluate each applicant. Qualified applicants are
then scheduled for training.

PHILJA is located at the third floor of the Supreme Court of the
Philippines Centennial Building, Padre Faura, Manila. For
provincial applicants, applications may be filed with the
Executive Judge of the Regional Trial Court.
How will I choose a mediator?
Cases for mediation are referred to the Philippine Mediation
Center (PMC) unit located in the courthouse or near the
premises of the trial court. The Daily Supervisor (DS) of the PMC
unit will present a list of accredited mediators. If you can not
agree on a mediator, the DS will assign one and notify the trial
court which will then confirm the appointment of this chosen
mediator.
Is a mediator allowed to discuss my case with outsiders?
No. However, the mediator may ask for assistance from another
accredited mediator, only upon the disputing parties permission.
The name of the comediator must also be submitted to the trial
court for confirmation.
What should I expect from my lawyer during mediation?
Your lawyer remains a valuable counsel and partner in mediation
proceedings. They can attend mediation sessions with you. They
2 Belen, Liddy Jane C.


will be expected to provide legal assistance to you and the
mediator in drafting the necessary papers. Your lawyer must
help you fully understand and appreciate the rules and process
of mediation. Ask them to explain the difference of litigation
from mediation, the advantages of the procedure, possible
bargaining options, your role in the process and likely
alternatives to a negotiated agreement.

Your lawyer may take a little less active role in a mediation
session than in a courtroom. In mediation, you will take
responsibility for making decisions.

But when matters in the discussion put you at a disadvantage
and if the mediator does not seem to be doing enough to settle
the imbalance, you will want your lawyer to participate more
actively. When necessary, your lawyer may even call a recess to
give you advice or suggestions in private.

Lawyers in mediation will also assist the mediator in putting into
writing the terms of the compromise agreement or a withdrawal
of the complaint or a satisfaction of claim so that it may be
approved by the trial court for judgment.
What is the judges role in mediation?
The pre-trial judge will rule on the compromise agreement you
reached through mediation. If court-annexed mediation fails in
your case, the pretrial judge takes on the role of conciliator,
neutral evaluator and mediator.

The judge will sit down with counsel and their parties to hear a
summary of the case and will attempt to conciliate the
differences between the parties. As a neutral evaluator, the
judge will be free to express his or her views on the chances of
each party in the case. At this point, if the parties agree to
reconsider and undergo mediation, the judge will facilitate the
settlement as a mediator.

If the parties still refuse mediation, however, the judge will then
issue an order referring the case to another judge. The order will
specify that both court-annexed mediation and JDR have failed.

Im not very good at confrontations or talking about my case.
What if I cant express myself? Can someone else speak on
my behalf?
While individual parties are encouraged to personally appear in
mediation proceedings, you can still authorize a representative
to speak for you, whether its your spouse, sibling, doctor,
friend, daughter, son or lawyer. But they must be fully
authorized to appear, negotiate and enter into a compromise by
a Special Power of Attorney.

My case involves children. Do they have to attend mediation
sessions?
Children are not required to attend the mediation sessions,
because they normally are represented by their parents.
However, if the resolution of the case would require a
consultation with minor children, then they may be allowed in
the mediation session.

Can mediation take place even if there are instances of wife
beating and other forms of domestic violence?
You have to inform the mediator immediately if there are such
incidents of domestic violence in your case. In these instances,
the case has to be sent back to court for trial, due to the
disadvantage of the woman in such a relationship.
Can a corporation just send their lawyer to the mediation?
A corporation, through a board resolution, must fully authorize
their representative to appear, negotiate and enter into a
compromise.

Can one complain against their mediator if he or she does not
seem to be doing a good job?
You can report the incident to the PMC coordinator or file a
3 Belen, Liddy Jane C.


complaint against a mediator to a threemember Grievance
Committee, composed of a member of the PHILJA ADR
Subcommittee, a Supervisor and a Mediator; and appointed by
the PHILJA Chancellor.

During the investigation, the mediator concerned may be placed
in preventive suspension. The Supreme Court has the discretion
to impose additional and appropriate penalties against the erring
mediator depending on the severity of the action.


What is the step-by-step procedure for mediation?
Upon the filing of certain pleadings, the P500.00 mediation fee will be collected by the Clerk of Court. After
your case is determined to be mediatable, the Branch Clerk of Court will issue a Notice of Order of Pre-
Trial. Both parties and their counsel will be required to appear before the judge. The court will order you
both to the Philippine Mediation Center (PMC) Unit for an orientation on mediation.

The Daily Supervisor (DS) of the unit will explain the mediation process. The mediation proceedings are
cheduled at your earliest convenience, usually within five to seven working days.

The DS then presents a list of accredited mediators for both parties to choose and agree on. If you can not
select one, the DS will assign the mediator to your case and will notify the mediator through a Notice of
Mediation validated by the
judge. This makes the mediator an Officer of the Court.

The mediation session then proceeds on the scheduled date in an open and informal setting to encourage
ommunication. You will have 30 days for the proceedings, extendible to another 30 days.
As a litigant, how do I prepare for mediation?
Consult your lawyer for a thorough briefing on mediation and how it will affect your case. Have all the
necessary documents regarding your case at hand. Be ready to confront possibly deep-seated issues at the
heart of the dispute.
Is there a neutral venue for mediation? Where do mediation sessions take place?
Mediation sessions are held in private rooms in the PMC unit of the trial court.


The sessions can not take place in private offices like the law office of the mediator.

If one of the parties is not available due to health reasons, for example, proper authorization has to be
made.
How long should each of these sessions last?
An individual mediation session can last from one hour to three hours on the average.
How many people are allowed in a mediation session?
As a litigant, you can be accompanied by as many people you feel will help you in the mediation
proceedings. However, considering space limitations, you might consider bringing only your lawyer and
perhaps one other companion.
Is there an official language for a mediation session?
There is no official language for mediation proceedings. The disputing parties and the mediator can use
their native language provided that everyone can understand each other.
What will happen when both parties can not seem to agree?
When a settlement can not be reached through court-annexed mediation, the case is referred back to the
pre-trial judge. This begins the JDR process. If this still fails, the case is moved to another judge for trial.
What will happen if the other party does not comply with the agreement reached?
You must inform the court that approved the compromise agreement immediately for them to issue an
order to comply. Sanctions will be imposed for non-compliance. The aggrieved party may also apply for a
writ of execution.
What do I do if the mediation proceedings are leaked to the press?
Since mediation proceedings are confidential, violations made by either party or even the mediator will be
sanctioned.
Where can I learn more about mediation?
Your lawyer may be one of your best resources on mediation. The Philippine Mediation Center may have
additional information. Mediation is a global experience and can also be researched extensively on the web.



MEDIATION IN THE COURT OF APPEALS
4 Belen, Liddy Jane C.


What is Appellate Court Mediation?
Mediation is the process of resolving disputes with the help of a
neutral third party (mediator) to reach a settlement that is
mutually acceptable to all parties.

Appellate Court Mediation (ACM) is a mediation program in the
Court of Appeals (CA), corollary to Court-Annexed Mediation in
the lower courts. It provides a conciliatory approach in conflict
resolution. Through ACM, the CA promotes a paradigm shift in
resolving disputes from a rights-based (judicial) to an interest-
based (mediation) process.

How is Appellate Court Mediation different from Court-
Annexed Mediation or Judicial Dispute Resolution?
In Court-Annexed Mediation, a case eligible for mediation at a
First Level Court or Regional Trial Court during the pre-trial
stage is referred by the presiding judge to the Philippine
Mediation Center (PMC) Unit for mediation. Mediation is
successful if the parties enter into a Compromise Agreement,
and the judge renders a decision based on this agreement. If it
fails or the parties refuse to undergo mediation, the case goes
back to court for trial.

In Judicial Dispute Resolution under the JURIS Project, the
mediation process is also in the lower courts and mediation is
conducted just like in Court- Annexed Mediation. If mediation
fails or the parties refuse mediation, the case goes back to the
judge who does not yet try the case. The judge, acting
sequentially as Conciliator, Neutral Evaluator and Mediator or a
combination of the three, attempts to convince the parties to
settle their case amicably. If the parties still refuse to settle, the
case goes back to court for trial.

In Appellate Court Mediation, the case has been tried and
judgment has been rendered at the lower courts but has been
appealed to the Court of Appeals (CA). Thus, Party A already
won the case in the lower courts but Party B appealed the
decision to the CA.
What are the benefits of Appellate Court Mediation?
For the judiciary, Appellate Court Mediation, as part of the
Supreme Courts Action Program for Judicial Reform (APJR),
aims to reduce the congestion of court dockets. A review of pre-
ACM court statistics shows that although the disposal rate is
high at 98.5 percent, the number of cases added to the backlog
grows at an annual rate of 58 percent. Mediation offers a
promising solution to lessening this backlog.

For litigants, after mediation has failed in the lower courts,
Appellate Court Mediation provides an added option to put an
end to costly and long-drawn litigation. Since mediation is a
non-adversarial approach to resolving a case in court, it
facilitates the interest-based settlement of the dispute through
proposals coming from the parties themselves or suggested by
the mediator and accepted by the parties.

Mediation helps litigants settle their dispute and rebuild their
relationship. It is a win-win solution for both parties.
When and how did implementation of ACM start?
The Supreme Court authorized the Philippine Judicial Academy
(PHILJA) to pilot-test the mediation program in the Court of
Appeals on April 16, 2002. The pilot ACM Project ran for almost
three months from September 16 to November 22, 2002, with a
success rate of 67 percent.

Thirty-one appellate court mediators from the ranks of retired
justices and judges, senior members of the Bar, and senior
professors of law participated in the orientation workshop
conducted by experts from the Philippines and Singapore.

The Supreme Court approved the institutionalization of Appellate
Court Mediation (ACM) on March 23, 2004 following the
5 Belen, Liddy Jane C.


successful pilot-test. It also approved the Revised Guidelines for
the Implementation of Mediation in the Court of Appeals to
provide the legal framework.

From 2004 to 2006, PHILJA went on to recruit and train a core
of mediation faculty from ADR practitioners and the academe;
revised the training curriculum and materials to make them
more relevant to the Philippine setting; developed case study
materials from actual cases; trained a new batch of 51
mediators for the Court of Appeals; capped their training with an
internship program that required each mediator to handle at
least two ongoing cases; formally launched the CA Mediation
Center at the ground floor of the CA Annex Building; and finally
developed a Mediation Training Manual for the Court of Appeals.
The Project Director who supervised this project was Professor
Alfredo F. Tadiar.
What organizations are helping implement the ACM Program?
There are six institutions working together to implement the
mediation process in the Court of Appeals.

THE COURT OF APPEALS (CA)
Selects and refers cases and other documents or information for
mediation.

PHILIPPINE JUDICIAL ACADEMY (PHILJA)
Oversees the training program of appellate court mediators and
assigns a PMC (CA) coordinator to oversee the operations of a
PMC (CA) office, among other responsibilities.

PHILIPPINE MEDIATION CENTER-CA
Helps facilitate successful mediation by providing administrative
and operational support services.

PUBLIC INFORMATION OFFICE OF THE SUPREME COURT (SC-PIO)
Assists in the in formation, education and communication
campaign program of the project.

INTEGRATED BAR OF THE PHILIPPINES (IBP)
Collaborates with PHILJA in its mediation advocacy and assists in
the disciplinary actions for erring mediators.

PHILIPPINE ASSOCIATION OF LAW SCHOOLS (PALS)
Includes Alternative Dispute Resolution (ADR) courses (including
Mediation) and negotiating skills in the curriculum and re-orients
law professors and students on legal aid.

Are all cases elevated to the Court of Appeals eligible for
Appellate Court Mediation?
No. Only the following cases elevated to the Court of Appeals
are eligible for Appellate Court Mediation:
1. Civil cases brought on ordinary appeal or petition for
review.
2. Appeals from final orders, awards, judgments, resolutions
of the Court of Tax Appeals and quasi-judicial agencies in
the exercise of their quasi-judicial functions through
petition for review or certiorari that questions a decision
for having been rendered in grave abuse of discretion
amounting to lack of jurisdiction.

These quasi-judicial agencies include the following:
Central Board of Assessment Appeals, Securities and
Exchange Commission. Land Registration Authority,
Office of the President, Civil Aeronautics Board, Bureau of
Patents, Trademarks and Technology Transfer, National
Electrification Administration, Energy Regulatory Board,
National Telecommunications Commission, Department of
Agrarian Reform under TA. 6657, Government Service
Insurance System, Employees Compensation
Commission, Agricultural Inventions Board, Insurance
Commission, Philippine Atomic Energy Commission,
Board of Investments, Construction Industry Arbitration
Commission, and Voluntary Arbitrators authorized by
6 Belen, Liddy Jane C.


law.
3. Special civil actions for certiorari, except those involving
pure questions of law.
4. Habeas corpus (court order directing law enforcement
officials or custodians of detained persons to produce that
person in court) cases involving custody of minors, with
the consent of the parties, provided that the minor is not
detained for commission of a criminal offense.
5. Criminal cases cognizable by the Katarungang
Pambarangay (Barangay Justice System) under Republic
Act No. 7160 or offenses punishable by imprisonment not
exceeding one year or a fine not exceeding P5,000.00 or
both such fine and imprisonment.
What cases cannot be mediated under ACM?
1. Civil cases, which by law cannot be compromised.
2. Criminal cases except those under No. 4 above (habeas
corpus of minors not detained for a criminal offense).
3. Habeas corpus petitions involving custody of minors
when the subject is detained for commission of a criminal
offense.
4. Cases with pending application for restraining
orders/preliminary injunctions, unless both parties
request for mediation

Who is qualified to serve as mediator in Appellate Court
Mediation?
Only an Appellate Mediator who is trained and accredited by the
Philippine Judicial Academy (PHILJA) can mediate in the Court of
Appeals.

As a basic qualification, he/she must be a retired justice, judge,
senior member of the Bar, or senior law professor, who
possesses creative problem-solving skills and has strong interest
in mediation.

What are the duties and responsibilities of an Appellate
Mediator?
Since mediation proceedings are confidential, violations made by
either party or even the mediator will be sanctioned.
1. Conducts mediation proceedings and calls caucuses
(private meetings with each party) whenever necessary.
2. During mediation proceedings:
a. informs parties of the rules and procedures for
mediation
b. assesses the risks and costs of continuing litigation
c. draws out the underlying interests of the parties
d. explores common ground for settlement
3. May suggest options for the parties to consider and, if
practical or necessary, seek the assistance of a co-
mediator to assess (on a nonbinding basis) the strengths
and weaknesses of each partys case.
4. May request for a court order to impose appropriate
sanctions if the parties fail to comply with the directives
of the mediator such as, but not limited to, the payment
of mediation fees, appearance of parties during
scheduled conferences, and submission of written
authority of representatives prior to the mediation
proceedings.
5. Prepares the written terms of the compromise agreement
7 Belen, Liddy Jane C.


that disposes of the dispute in whole or in part.
6. May terminate mediation at any time if parties are not
interested to settle.
7. If the parties fail to reach a settlement, returns the case
to the CA Division of origin and makes a confidential
report to the Philippine Mediation Center-CA on the
reasons for failure.
8. Discloses to the parties any circumstance that may create
or give the appearance of a conflict of interest and any
other circumstance that may raise a question as to
his/her impartiality.
9. Ensures strict confidentiality of all communications made
by the parties during the mediation proceedings.
What is the process in Appellate Court Mediation?
The entire mediation process in the appellate level consists of
five phases: (1)
selection of case, (2) resolution to appear, (3) agreement to
mediate, (4)
mediation proceedings, and (5) disposition of case.

PHASE 1: SELECTION OF CASES
1. The Division Clerk of Court, with the assistance of the
PMC-CA, identifies the pending cases for mediation to be
approved by the Ponente (Justice in charge of the case)
either for completion of records or for decision.
2. The petitioner or appellant specifies, by writing or by
stamping on the right side of the caption of the initial
pleading (under the case number), that the case is
qualified for mediation.
3. If the case is eligible for mediation, the Ponente, with the
concurrence of the other members of the Division, refers
the case to the PMC-CA.
PHASE 2: RESOLUTION TO APPEAR
1. The Ponente, with the concurrence of other members of
the Division, issues a resolution (after submission of the
appellants brief or after the filing of a petition for review
or certiorari) directing the parties to appear at the PMC-
CA without counsel to consider the possibility of
mediation.
2. The resolution also suspends the running of the period to
file the appellees brief or comment on the petition for
review or certiorari, as the case may be, until further
order of the Court.
PHASE 3: AGREEMENT TO MEDIATE
1. Upon agreement of the parties to mediate, the PMC-CA
requires the parties to execute an Agreement to Mediate
in a form provided for the purpose.
2. The parties choose a mediator and the date and time of
the initial mediation conference.
3. The Court then furnishes the following documents to the
PMC-CA:
a. Appellants brief and any memorandum or record on
appeal
b. Decisions or Orders of the court/tribunal being
appealed or subject to certiorari
PHASE 4: MEDIATION PROCEEDINGS
8 Belen, Liddy Jane C.


1. The mediator tries to complete the mediation proceedings
within thirty (30) days from the date of the initial
mediation conference. However, the duration of
mediation proceedings may be extended for another
thirty (30) days if there is a request for extension based
on a justifiable ground or reason.
2. Individual party litigants are required to attend mediation
conferences in person; corporate parties must be
represented by a corporate officer duly authorized by
Board resolution.
3. Initial mediation conferences are held in the PMC-CA, but
subsequent mediation conferences may be held outside
the CA with notice to the Court.
PHASE 5: DISPOSITION OF CASES
1. If the parties agree to a full or partial compromise, the
mediator drafts written terms with the concurrence of the
parties/counsel.
2. The parties/counsel and mediator sign the compromise
agreement which is transmitted to the Court.
3. The Court approves the compromise agreement, renders
judgment upon a full or partial compromise, as the case
may be, and makes an immediate entry of judgment.
4. In the case of full settlement, the parties agree to
withdraw the appeal and enter into a mutual satisfaction
of claims and counterclaims. Upon receipt, the Court
renders an order of dismissal.
5. If the parties fail to reach a settlement, the mediator
returns the case to the Division of origin. He or she then
makes a confidential report to the PMC-CA on the
reasons for the failure.

How long does the mediation process take under ACM?
The mediation process ideally takes thirty (30) days from the
date of the initial mediation conference. The mediation
proceedings may be extended for another period not exceeding
an additional thirty (30) days after a motion is filed with the
Court.
How much does mediation cost?
Mediation fees in the amount of one thousand pesos (P1,000.00)
are collected by the Clerk of Court of the trial court upon filing of
the Notice of Appeal or by the Clerk of Court of the Court of
Appeals for cases that are directly filed therein.

The collected amount becomes part of the Mediation Fund which
is utilized for the promotion of court-annexed mediation and
other relevant modes of alternative dispute resolution (ADR),
training of mediators, payment of mediators fees, and the
operating expenses of PMC units nationwide.
Who are exempt from paying the mediation fee?
A pauper litigant is exempt from paying the mediation fee. The
unpaid amount is a lien to any monetary award in a judgment
favorable to the pauper litigant.
The accused-appellant is also exempt from paying the mediation
fee.
Are mediation proceedings admissible as evidence?
All matters discussed or communicated by the parties (including
the request for mediation) during mediation conferences and
documents presented before the PMCCA are privileged and
confidential. These are inadmissible as evidence for any purpose
in any other proceedings. However, evidence or information that
9 Belen, Liddy Jane C.


is otherwise admissible does not become inadmissible solely by
reason of its use id mediation. This is to prevent the abuse of
this privilege by crafty parties or their counsel.



GLOSSARY AND ABBREVIATIONS
AAO. Academic Affairs Office
AC. Administrative Circular
ADR. Alternative Dispute Resolution
Adjudication. Adjudication describes any form of formal dispute
resolution process I which the parties litigate cases through the
presentation of evidence and argument to a neutral third party who
has the power to render binding decisions based on objective
standards, rules or laws. Adjudication is used in many forums ---
judicial (courts), administrative (tribunals), and arbitral (boards of
arbitration). Adjudicative processes are rights-based and positional.
Alternative Dispute Resolution (ADR). ADR is a widely used term
referring to the entire range of dispute resolution options outside the
traditional administrative, judicial or legislative decision-making
process.
AM. Administrative Matter
APJR. Action Program for Judicial Reform
Arbitration. Arbitration is an adjudicative form of dispute resolution
involving a mutually acceptable neutral third party (arbitrator)
empowered to make a decision on the merits after an informal
hearing that usually includes presentation of evidence and oral
argument. Arbitral decisions are generally binding and subject to
limited judicial review. In exceptional cases, decisions are treated as
non-binding and the right yo proceed to trial is preserved. Arbitration
may be voluntary (by private agreement) or compulsory (by
legislation or through a public court-annexed program). Instead of a
single arbitrator, a panel (generally a tripartite board) may be used.
Final offer selection is a version of arbitration where the arbitrator
chooses between best offers submitted by parties. Arbitration is
widely used for labor relations and commercial disputes.
BCC. Branch Clerk of Court
CA. Compromise Agreement
CAM. Court-Annexed Mediation
Caucus. A private session between the mediator and any one party
in which the mediator explores the issues involved in the case and
the options available to the parties to resolve the matter. if the
mediator meets separately with one party, the mediator will almost
always then meet separately with the other parties to the mediation.
CIDA. Canadian International Development Agency
COC. Clerk of Court
Compromise Agreement. The settlement of a dispute by mutual
concession. When approved by the court, the compromise
agreement will have the force and effect of a court decision. As
such, the compromise agreement may be enforced by the court
through execution of judgment.
Conciliation. Conciliation is a process in which a neutral third party
(conciliator) conveys information between parties and attempts to
improve direct communication between them. The conciliator often
prepares a report that describes the scope of agreement and
disagreement. The role of a conciliator is more passive than a
mediator. Conciliaton is most often used in collective bargaining
disputes.
Conflict. Conflict is usually based upon a difference over goals,
objectives, or expectations between individuals or groups. Conflict
also occurs when two or more people, or groups, compete over
limited resources and/or perceived, or actual, incompatible goals.
Conflict Resolution. A process of resolving a dispute or
disagreement.
Consensus. A mutually acceptable agreement that takes into
consideration the interests of all concerned parties. An agreement
reached through consensus may not satisfy each participants
interests equally or receive a similar level of support from all
participants.
Court-Annexed Mediation (CAM). Court-annexed mediation is a
voluntary process wherein the court may advise parties to submit
10 Belen, Liddy Jane C.


their case for mediation so that hey may be assisted by neutral party
to facilitate their discussions or negotiations towards a workable
solution to the problem. The parties maintain their rights to proceed
to trial if mediation fails. Any settlement that is reached becomes a
judgment of the court.
DMC. Design and Management Committee
DS. Daily Supervisor (Mediation Unit)
Early Neutral Evaluation (ENE). Early Neutral Evaluation is a non-
binding process in which a neutral third party (facilitator) manages
the discussion between parties that are attempting to reconcile
divergent views and reach agreement on issues or tasks. Facilitation
is used in a wide variety of settings including management meetings
and public consultations.
EJ. Executive Judge
ENE. Early Neutral Evaluation
Fact-Finding. Fact-finding is a process by facts relevant to a
controversy are determined by a designated person and a resolution
of issues recommended or determined. Parties decide in advance to
treat the results as conclusive or advisory. If advisory, fact-finding is
sometimes referred to as non-binding arbitration. The fact-finder
may be a neutral third party or an expert in a relevant field. The fact-
finder may be jointly selected by parties or provided by a public
body. Fact-finding may be used as part of a broader dispute
resolution process such as negotiation, mediation, or arbitration. It is
often used to gather information regarding public sector collective
agreements and to address scientific or technical issues.
GC. Grievance Committee
IBP. Integrated Bar of the Philippines
JDR. Judicial Dispute Resolution
JPSC. Joint Project Steering Committee
JRO. Judicial Reforms Office
Litigation. Litigation is a formal, rights-based adjudicative process
that depends on each party advancing position, presenting
evidence, and making arguments before a neutral third party
decision-maker. Litigation is used in trial and hearings.
Mediation. Mediation is a process of assisted negotiation that relies
on a neutral third party (mediator) to help parties reach a mutually
agreeable resolution. Participation by the parties may be voluntary
(by private agreement) or mandatory (through a public program
such as court-annexed mediation). Whether attendance is voluntary
or mandatory, settlements are consensual; the mediator has no
authority to impose result. Settlements reached through mediation
are binding upon the parties. Forms of mediation include evaluative,
problem-solving, facilitative, transformative, and therapeutic.
Mediation/Arbitration (MED/ARB). Med/Arb is a process in which
parties agree that mediation will be followed by arbitration of
unresolved issues. In med/arb the same neutral third party generally
perform both roles. Med/Arb is becoming increasingly popular in the
lbor-relation area. the reverse (Arb/med) is also used in some
circumstances.
Mediation Conference. A discussion among the disputing parties,
their counsel, and the mediator, to explore options for settling a
dispute.
Mediator. Mediators are trained individuals who will attempt to
assist the parties to reach a mutually acceptable resolution of their
dispute.
MeTC. Metropolitan Trial Court
MIMC. Monthly Inventory of Mediatable Cases
Mini-Trial. A mini-trial is flexible two-stage process in which a
counsel presents a summary version of each case to business
representatives of each side who then attempt to negotiate a
settlement. A neutral third party may facilitate the information
exchange. The neutral third party may also mediate during the
settlement negotiations and may provide an advisory opinion on the
potential court outcome.
MTC. Municipal Trial Court
MTCC. Municipal Trial Court in Cities
Negotiation. Negotiation is a process in which parties communicate
directly or indirectly for the purpose of reaching an agreement.
Approaches to negotiation include competitive, cooperative, and
integrative. Negotiation may be based on power, rights, or interests.
11 Belen, Liddy Jane C.


Negotiation may be conducted by parties themselves or by agents.
NJI. National Judicial Institute of Canada
OCA. Office of the Court Administrator
OCC. Office of the Clerk of Court
OIC. Officer-in-Charge
PHILJA. Philippine Judicial Academy
PJ. Presiding Justice/Judge
PMC. Philippine Mediaton Center
PMFI. Philippine Mediation Foundation, Inc.
Pre-Trial Conference. Pre-Trial Conference, a conference held
after the pleadings have been filed and before the trial begins, for
the purpose of bringing the parties together to outline discovery
proceedings and define the issues to be tried. Courts often use the
pre-trial conference as an opportunity to encourage settlement.
RTC. Regional Trial Court
SC. Supreme Court
SC-PIO. Supreme Court Public Information Office
SC-PMO. Supreme Court Program Management Office