INTRODUCTION

The Supreme Court of the Philippines has

embarked on a bold experiment in Bacolod, City of
San Fernando, Pampanga, Baguio City, San
Fernando, La Union and Cagayan de Oro---the
introduction of mediation and judicial dispute
resolution in the court system. Mediation will involve
a neutral person to hear out and assist you and the
other party in coming to an agreeable resolution of
your differences. Judicial dispute resolution, on the
other hand, enables the judge to exert a greater role
in the settlement of the case. These procedures will
lead to a faster and fairer resolution of your cases,
aside from decongesting court dockets.
This primer has been designed for you to know
more about this innovation in the court system.
Based on national and international experience,
mediation can work for you.

Section One. The Case for Mediation

1. What is mediation?

Mediation is a process of settling disputes with the

assistance of an acceptable, impartial and neutral
third party called a mediator. The mediator helps
parties identify issues and develop proposals to
resolve their disputes. Once the parties have arrived
at a mutually acceptable arrangement, the
agreement becomes the basis for the courts
decision on the case.
This form of mediation is also known as courtannexed mediation since the case has already been
filed in court.

2. What is Judicial Dispute Resolution?

Judicial Dispute Resolution (JDR) is another
innovation in the Philippine court system. When
court-annexed mediation fails, the case is brought to
the judge who then acts as a conciliator, a neutral
evaluator and a mediator. The judge will try to
mediate the case. If the judges intervention as a
mediator succeeds, the case is concluded with a
judgment based on a compromise.
If the dispute is still unresolved, then the case is
referred to another judge for trial. Both parties must
now be prepared for litigation.
3. What cases are covered by mediation?
a. All civil cases, settlement of estates and
cases covered by the Rule on Summary
Procedure. Typical cases would be
collection of debts, ejectment of tenants in
apartment dwellings, and inheritance
disputes among family members.
b. Cases cognizable by the Lupong
Tagapamayapa under the Katarungang
Pambarangay Law such as disputes
between neighbors of the same barangay
over property.
c. The civil aspect of Batas Pambansa 22,
which covers the debts paid through
bouncing checks.
d. The civil aspect of quasi-offenses under
negligence like motor vehicle accidents
that has damaged the vehicle or injured
passengers or pedestrians.

4. What cases are excluded from mediation?

Cases which cannot be compromised are not
included, like legal separation or annulment of
marriage.
5. Can I or the other party refuse mediation?
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No. Once the court determines that your case is

mediatable, the parties are compelled to appear
before the Philippine Mediation Center (PMC) unit.
If the complainant fails to appear for mediation, the
case may be dismissed. If the defendant is absent,
the complainant may be allowed to present their
side in court without you. The court will then decide
the case on the basis of what was presented.
6. How will I benefit from the procedure of
mediation?
Mediation has been proven to be a faster and
certainly less expensive option for settling disputes.
Settlements have occurred in as little as one or two
mediation sessions.

Mediation also provides for a fair resolution of your

case. By jointly resolving the dispute, both parties
can come up as winners.
But best of all, mediation has been proven to restore
relationships long disrupted by conflict. The process
of mediation tackles the roots of misunderstanding to
help parties resolve their differences.
7. Where did this idea come from?
Mediation is rooted in our historical experience, in the
time when disputing parties would bring their conflict
to the village elder for settlement. As a system,
mediation can be found in many indigenous
cultures.
8. Does mediation replace the barangay system of
justice?
No. Court-annexed mediation actually
complements the Barangay Justice System
(Katarungang Pambarangay), probably the most
familiar mode of mediation in the country, in bringing
a speedy and fair resolution to disputes. In this
system, the barangay leaders act as mediators
between disputing parties within their constituency.
The Barangay Justice System attempts to prevent the
case from even going to court. Court-annexed
mediation begins when there is a failure to mediate
in the barangay level resulting in the filing of the
dispute in court.
Mediation attempts to resolve the dispute without
going into adversarial proceedings.
Courts will actually dismiss certain cases which have
not passed through the Katarungang Pambarangay.

9. How effective is mediation?

In the pilot project on mediation conducted by the

Philippine Judicial Academy (PHILJA), 85% of cases
referred for mediation reached settlement. Surveys
conducted after mediation also revealed a high
level of satisfaction among disputing parties in the
outcome of their case. Close to 100% of the parties
involved complied with the agreement reached in
mediation.
10. How long will mediation take?
Parties are given 30 days for mediation sessions. The
period may be extended to another 30 days to allow
you to reach a compromise agreement.
11. How much will it cost me?
A mediation fee of P500.00 is collected by the Clerk
of Court upon the filing of certain pleadings in court.
This fee will accrue to the Mediation Fund for the
training of mediators, payment of mediators fees
and other operating expenses of the Philippine
Mediation Center (PMC).
The fee will be collected upon the filing of the
following pleadings:

1. In civil cases:
A. Complaint
B. Answer with a mediatable
counterclaim
2. In criminal cases:
A. Complaint/information for an offense
falling under the Katarungang
Pambarangay Law
B. Complaint/information for violation of
Batas Pambansa 22, estafa and libel
where damages are sought
C. Complaint/information for quasioffenses falling under Title 14 of the
Revised Penal Code.
12. What happens when I cant afford mediation?
You can ask your lawyer to allow you to avail of
court services as a pauper litigant. If the court
approves, then mediation is free.
13. How is the confidentiality and privacy of my case
guarded in mediation?
Sessions are strictly private and confidential. This is to
encourage the needed openness and spontaneity
for effective communication in mediation.
The mediator can not record the proceedings in any
manner other than taking down a few personal
notes for guidance. Even the trial court is not
furnished these notes. Any information from a
mediation session is in fact inadmissible in court.
Mediators can not be subpoenaed to reveal what
happened during these sessions either. All
documents submitted by the parties will be returned
to them after mediation.

Section Two. Mediators, Lawyers, Judges

and You
1. 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.

2. 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.
3. 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.
4. I want to be a mediator myself. What do I do?
The prospective mediator must submit the following
to PHILJA:
a. curriculum vitae with 2x2 photo;
b. college school records;
c. National Bureau of Investigation/police clearance;
d. 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.

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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.
5. 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.

6. 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.
7. 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 will be expected
to provide legal assistance to you and the mediator
in drafting the necessary papers.

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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.
8. What is the judges role in mediation?

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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 courtannexed mediation and JDR have failed.

9. 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.
10. 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.
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11. 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.
12. 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.

13. Can one complain against their mediator if he or

she does not seem to be doing a good job?

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You can report the incident to the PMC coordinator

or file a 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.

Section Three. Procedures: The Road to

Mediation
1. 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
scheduled 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 communication. You will have 30 days
for the proceedings, extendible to another 30 days.

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2. 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.
3. 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.
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4. How long should each of these sessions last?

An individual mediation session can last from one
hour to three hours on the average.
5. 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.

6. 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.
7. 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.
8. 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.
9. 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.
10. 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.

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The JURIS Project

Mediation/Alternative Dispute Resolution is a key
component of the Justice Reform Initiatives Support
(JURIS) Project of the Supreme Court of the
Philippines Action Program for Judicial Reform. The
JURIS Project is implemented by the Philippine
Judicial Academy, the Alternative Law Groups, Inc.,
the Office of the Court Administrator and the
Supreme Court of the Philippines-Program
Management Office. It is supported by the
Canadian International Development Agency
through the National Judicial Institute.

References
An Invitation to Mediation
Guidelines for Parties Counsel in Court-Annexed
Mediation Cases
Guidelines for the Implementation of an Enhanced
Pre-Trial Proceeding Through Conciliation and
Neutral Evaluation
Implementing Rules and Regulations on Mediation in
the Trial Courts
Introduction to Interest-Based Mediation and
Negotiation, a training module of the JURIS Project
Philippines
Tonson, Marlon Anthony R. RA 9285 & Court ADR
Initiatives. Court News April 2004:3'

Philippine Judicial Academy

3/F Supreme Court of the Philippines Centennial Building,
Taft Avenue corner Padre Faura, Ermita, Manila
Tel. No. 552-9522/552-9525 Fax: 552-9526
Email Address: philjaadr@yahoo.com
JURIS Local Project Office
2008 Jollibee Plaza, Emerald Avenue, Ortigas Center
1605 Philippines
Tel. No/Fax: (632)631-0258
Email Address: jurispro@pldtdsl.net