Ma.

Levi Isalos

ADR Sat 8-9am

ADR : MEDIATION

I was scheduled to be an observant on an ejectment case at the PMC Manila last August 14,
2018. Mediations are usually held at mediator’s offices, courthouse mediation units or centers, or
lawyer’s offices,

Parties may be mediated before conclusion of an agreement, before litigation, pre-trial

conference, during litigation; and after litigation particularly to deal with changed situations or to clarify
court orders. Parties may as well choose mediation when they are ready.

What I observed was that a mediation is indeed a form of alternative dispute resolution before a
case is filed in court or a court-annexed wherein an impartial person, a professional helped the parties
define issues and have a plan to deal with them.

The mediator chosen by the parties sits down with the counsel together with the parties to discuss
options and develop proposals to resolve the dispute. The mediator should and does not take sides. He
asked question that help to solve problems and assist both parties to understand the issues and help them
to clarify the options for resolving their differences After talking about the issue, they have decided to
meet again to further decide if there would be a compromise since only the counsel of one of the parties
arrived.

As per the mediation process, when issues are resolved, a case is no longer heard in court as such
mediation results in a compromise agreement or consent order. But if mediation fails, the case goes to
trial before a regular judge who decides its merits usually without information as to the matters taken up
during mediation.

I’m glad that I was able to witness firsthand the process of mediation.