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Flow for ADR

Prologue: Oath taking of the Lupon Members before the Barangay Captain
FIRST SCENE
Complaint inspects her lot only to find out there is a house constructed belonging to
the respondent. A little exchange of words. (nag-away)
SECOND SCENE
Barangay Hall
Complainant arrives. Lodged a complaint.
Barangay Captain asks the Brgy. Secretary to issue notice of hearing for the
complainant and subpoena to the respondent.
Lupon convened. (Chitchat a little)
Both complainant and respondent with their witnesses arrive. Brgy. Captain as
Lupon Chairman will facilitate the settling of dispute. (Explain the objectives and
process of mediation and the rules to be observed during mediation) Lupon
members can ask questions during the mediation
No settlement. Pangkat will be constituted. Complainant and respondent failed to
agree who will be the members of the Pangkat. Therefore, the Brgy. Captain will
determine the members of the Pangkat by drawing of lots.
Pangkat constituted. Pangkat elects their Chairman and Secretary. Issues notice of
hearing to both parties and subpoena for the witnesses.
Conciliation. No Settlement. Issues certificate to file action.
THIRD SCENE
Complainant sees her lawyer. Relays the fact and shows the Certificate to file
action. Lawyer will explain what case to file.
Complaint is filed before the Clerk of Court. Serve copy to the respondent.
Respondent consults his lawyer. Lawyer assures the dismissal of the case.
FOURTH SCENE
Pre-trial
Appearances of both counsels.
Judge will brief the parties about CAM and JDR.

Judge will order the referral of the case before the Philippine Mediation Center.
FIFTH SCENE
Before the PMC
Both lawyers will explain to their respective client the advantages of Court-annexed
Mediation.
(Twist: Complainant and Respondent will send representatives)
Shellina Cheong-representative for the complainant
Marielle Sawban-representative for the respondent
Both representatives will select the Mediator. Mutually agreed to select Nonito
Arquiza from the List of Mediators.
SIXTH SCENE
Before the Mediator
Mediator shall explain to both parties the mediation process, stressing the benefits of an
early settlement of their dispute based on serving their mutual interests, rather than the
legal positions taken by them. Mediator will also inform the parties of his qualifications.
Mediator will ask for the consent of the parties to hold separate caucuses. Parties agree. First
to be heard, complainant. Second to be heard, respondent. Then Joint conference. No
settlement.
Case returned to the referring Judge.
SEVENTH SCENE
Before the referring Judge (Judicial Dispute Resolution)
Judge will ask first the complainant. Then, the Respondent. In doing so, as mediator and
conciliator, the judge facilitates the settlement discussions between the parties and tries to
reconcile their differences. As a neutral evaluator, the judge assesses the relative strengths
and weaknesses of each partys case and makes a non-binding and impartial evaluation of
the chances of each partys success in the case. On the basis of such neutral evaluation, the
judge persuades the parties to a fair and mutually acceptable settlement of their dispute.
Parties agree to settle. Compromise Agreement.

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