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ALTERNATIVE

DISPUTE RESOLUTION

Atty. Francisca P. Pilapil


MEDIATION

MEDIATION

VOLUNTARY
MEDIATION COURT-DIVERTED
(RA 9285 AND IRR OF MEDIATION
ADR ACT: DOJ
DEPARTMENT (A.M. 11-1-6-SC-PHILJA)
CIRCULAR NO. 98)

COURT-REFERRED
INSTITUTIONAL COURT-ANNEXED MEDIAITON
AD HOC MEDIATION
MEDIATION MEDIATION
VOLUNTARY MEDIATION
VOLUNTARY MEDIATION
Whether ad hoc or institutional, other than court-
annexed.

A voluntary process in which disputing parties select a


mediator who facilitates communication and negotiation
and assist the parties in reaching a voluntary agreement.
AD HOC MEDIATION
Any mediation other than institutional or court-annexed.

Parties voluntarily agree upon a form of mediation without


referring to any mediation institution.
INSTITUTIONAL
MEDIATION
Any mediation process conducted under the rules of a mediation
institution.
Parties are subject to the rules and procedures of a mediation
institution.
EXAMPLE:
The Philippine Dispute Resolution Center (PDRC) is a non-stock,
non-profit organization incorporated in 1996 out of the Arbitration
Committee of the Philippine Chamber of Commerce and Industry
(PCCI). PDRC promotes and encourages the use of arbitration,
mediation and other modes of avoiding or settling commercial
disputes such as dispute boards, and provides alternative dispute
resolution (ADR) services to the business community.
The Conflict Resolution Group Foundation (CoRe
Group) is the pioneer for Values-based Mediation, a
process where people develop a keen awareness of the
fundamental sets of values that are most important to
each of us. To many, these values include love, respect
and commitment. A deep understanding of these
values leads us to clarity and focus in our lives.
SELECTION OF A
MEDIATOR
DO PARTIES HAVE THE RIGHT TO SELECT
A MEDIATOR?

YES. The parties have the freedom to select mediator. The


parties may request the OADR to provide them with a list
or roster or the resumes of its certified mediators. The
OADR may be requested to inform the mediator of
his/her selection.
IS IT REQUIRED THAT A MEDIATOR
HAS SPECIAL QUALIFICATIONS BY
BACKGROUND OR PROFESSION?

GENERAL RULE: No.

Exceptions: The special qualifications of a mediator are


required in the mediation agreement or by the mediation
parties.
WHEN MAY A MEDIATOR BE
REPLACED?

If the mediator selected is unable to act as such for any


reason, the parties may, upon being informed of such fact,
select another mediator.
WHAT ARE THE GROUNDS WHEREIN
A MEDIATOR MAY REFUSE OR
WITHDRAW AS SUCH?

A mediator may refuse from acting as such, withdraw or


may be compelled to withdraw from mediator proceedings
under the following circumstances:
(a) If any of the parties so requests the mediator to
withdraw;
(b) The mediator does not have the qualifications, training
and experience to enable him/her to meet the reasonable
expectations of the parties;
(c) Where the mediator's impartially is in question;
(d) If continuation of the process would violate any ethical
standards;

(e) If the safety of any of the parties would be jeopardized;

(f) If the mediator is unable to provide effective services;

(g) In case of conflict of interest; and

(h) In any of the following instances, if the mediator is


satisfied that:

(i) one or more of the parties is/are not acting in good


faith;

(ii) the parties' agreement would be illegal or involve the


commission of a crime;
(iii) continuing the dispute resolution would give rise to an
appearance of impropriety;

(iv) continuing with the process would cause significant


harm to a non-participating person or to the public; or

(v) continuing discussion would not be in the best interest


of the parties, their minor children or the dispute
resolution process.
ETHICAL CONDUCT OF A
MEDIATOR

A. COMPETENCEN (Art. 3.6)

B. IMPARTIALITY (Art. 3.7)

C. CONFIDENTIALITY (Art. 3.8)

D. CONSENT AND SELF-DETERMINATION (Art. 3.9)

E. SEPARATION OF MEDIATION FROM


COUNSELLING AND LEGAL ADVICE (Art. 3.10)
F. CHARGING OF FEES (Art. 3.11)

G. PROMOTION OF RESPECT AND CONTROL OF


ABUSE OF PROCESS (Art. 3.12)

H. SOLICITATION OR ACCEPTANCE OF ANY GIFT


(Art. 3.13)
ROLE OF PARTIES AND
THEIR COUNSEL
MAY A PARTY DESIGNATE A LAWYER
TO ASSIST MEDIATION?

YES. A party may designate a lawyer or any other person to


provide assistance in the mediation. A waiver of this right
shall be made in writing by the party waiving it. A waiver
of participation or legal representation may be rescinded at
any time.
ENUMERATE THE ROLES OF
A COUNSEL IN MEDIATION
PROCEEDING

See Article 3.15 and 3.16

CASE:
Cayetano vs. Monsod GR No. 10013
CONDUCT OF
MEDIATION
WHAT ARE THE ARTICLES TO BE
CONSIDERED IN THE CONDUCT OF
MEDIATION?
(a) The mediator shall not make untruthful or exaggerated
claims about the dispute resolution process, its costs and
benefits, its outcome or the mediator’s qualifications and
abilities during the entire mediation process.

(b) The mediator shall held the parties reach a satisfactory


resolution to their dispute but has no authority to impose a
settlement on the parties.

(c) The parties shall personally appear for mediation and may be
assisted by a lawyer. A party maybe represented by an agent who
must have full authority to negotiate and settle the dispute.
(d) The mediation process shall, in general, consists of the
following stages:

(i) opening statement of the mediator

(ii) individual narration by the parties;

(iii) exchange by the parties;

(iv) summary of issues;

(v) generation and evaluation of options; and

(vi) closure
(e) The mediation proceeding shall be held in private.
Person, other than the parties, their representatives and
mediator, may attend only with the consent of all the
parties,

(f) the mediation shall be closed:

(i) by the execution of a settlement agreement by the


parties;

(ii) by the withdrawal of any party from mediation; and

(iii) by the written declaration of the mediator that any


further effort at mediation would not be helpful
GUIDELINES REGARDING
INFORMATION OBTAINED
THROUGH MEDIATION
Information obtained through mediation proceedings shall be
subject to the following principles and guidelines:
(a) Information obtained through mediation shall be privileged
and confidential.
(b) A party, a mediator, or a nonparty participant may refuse to
disclose and may prevent any other person from disclosing a
mediation communication.
(c) Confidential Information shall not be subject to discovery
and shall be inadmissible if any adversarial proceeding, whether
judicial or quasi-judicial, However, evidence or information that
is otherwise admissible or subject to discovery does not become
inadmissible or protected from discovery solely by reason of its
use in a mediation.
(d) In such an adversarial proceeding, the following
persons involved or previously involved in a mediation
may not be compelled to disclose confidential information
obtained during mediation: (1) the parties to the dispute;
(2) the mediator or mediators; (3) the counsel for the
parties; (4) the nonparty participants; (5) any persons
hired or engaged in connection with the mediation as
secretary, stenographer, clerk or assistant; and (6) any
other person who obtains or possesses confidential
information by reason of his/her profession.
(e) The protections of this Act shall continue to apply even
of a mediator is found to have failed to act impartially.
(f) a mediator may not be called to testify to provide
information gathered in mediation. A mediator who is
wrongfully subpoenaed shall be reimbursed the full cost of
his attorney's fees and related expenses.
AS A RULE, THE CONFIDENTIALITY
OF INFORMATION IS PRIVILEGE. MAY
THE SAME BE WAIVED?
General rule: YES.

Exceptions:

A privilege arising from the confidentiality of information may


be waived in a record, or orally during a proceeding by the
mediator and the mediation parties.

A privilege arising from the confidentiality of information may


likewise be waived by a nonparty participant if the
information is provided by such nonparty participant.
A person who discloses confidential information shall be
precluded from asserting the privilege under Section 9
of this Chapter to bar disclosure of the rest of the
information necessary to a complete understanding of
the previously disclosed information. If a person
suffers loss or damages in a judicial proceeding against
the person who made the disclosure.

A person who discloses or makes a representation about a


mediation is precluded from asserting the privilege
under Section 9, to the extent that the communication
prejudices another person in the proceeding and it is
necessary for the person prejudiced to respond to the
representation of disclosure.
WHAT ARE THE INSTANCES
WHEREIN THERE IS NO PRIVILEGE
AGAINST DISCLOSURE UNDER
SECTION 9 OF RA9285?
(a) There is no privilege against disclosure under Section 9
if mediation communication is:

(1) in an agreement evidenced by a record authenticated


by all parties to the agreement;

(2) available to the public or that is made during a session


of a mediation which is open, or is required by law to be
open, to the public;

(3) a threat or statement of a plan to inflict bodily injury or


commit a crime of violence;
(4) internationally used to plan a crime, attempt to commit, or
commit a crime, or conceal an ongoing crime or criminal
activity;
(5) sought or offered to prove or disprove abuse, neglect,
abandonment, or exploitation in a proceeding in which a public
agency is protecting the interest of an individual protected by
law; but this exception does not apply where a child protection
matter is referred to mediation by a court or a public agency
participates in the child protection mediation;
(6) sought or offered to prove or disprove a claim or complaint
of professional misconduct or malpractice filed against mediator
in a proceeding; or
(7) sought or offered to prove or disprove a claim of complaint
of professional misconduct of malpractice filed against a party,
nonparty participant, or representative of a party based on
conduct occurring during a mediation.
(b) There is no privilege under Section 9 if a court or
administrative agency, finds, after a hearing in camera, that
the party seeking discovery of the proponent of the
evidence has shown that the evidence is not otherwise
available, that there is a need for the evidence that
substantially outweighs the interest in protecting
confidentiality, and the mediation communication is
sought or offered in:

(1) a court proceeding involving a crime or felony; or

(2) a proceeding to prove a claim or defense that under the


law is sufficient to reform or avoid a liability on a
contract arising out of the mediation.
MAY A MEDIATOR BE COMPELLED
TO PROVIDE MEDIATION
COMMUNICATION?

NO. A mediator may not be compelled to provide


evidence of a mediation communication or testify in such
proceeding.
GENERAL RULE: A mediator may not make a report,
assessment, evaluation, recommendation, finding, or other
communication regarding a mediation to a court or agency
or other authority that make a ruling on a dispute that is
the subject of a mediation.

EXCEPTIONS: (a) Where the mediation occurred or has


terminated, or where a settlement was reached.

(b) As permitted to be disclosed under Section 13 of this


Chapter.

Note: Section on mediator’s disclosure and conflict of


interest.
WHAT ARE THE OPERATIVE
PRINCIPLES ON MEDIATION?
(a) Before accepting a mediation, an individual who is
requested to serve as a mediator shall:
(1) make an inquiry that is reasonable under the
circumstances to determinate whether there are any known
facts that a reasonable individual would consider likely to
affect the impartiality of the mediator, including a
financial or personal interest in the outcome of the
mediation and any existing or past relationship with a
party or foreseeable participant in the mediation; and
(2) disclosure to the mediation parties any such fact known
or learned as soon as is practical before accepting a
mediation.
(b) If a mediation learns any fact described in paragraph (a)
(1) of this section after accepting a mediation, the mediator
shall disclose it as soon as practicable.

At the request of a mediation party, an individual who is


requested to serve as mediator shall disclose his/her
qualifications to mediate a dispute.
MAY A PARTY WAIVE HIS
RIGHT TO PARTICIPATE IN
MEDIATION?

YES. A party may designate a lawyer or any other person to


provide assistance in the mediation. A lawyer of this right
shall be made in writing by the party waiving it. A waiver
of participation or legal representation may be rescinded at
any time.
WHERE IS THE PLACE OF
MEDIATION?

The parties are free to agree on the place of mediation.


Failing such agreement, the place of mediation shall be any
place convenient and appropriate to all parties.
WHAT ARE THE EFFECTS IF THERE IS
AN AGREEMENT TO SUBMIT
DISPUTE TO MEDIATION UNDER
INSTITUTIONAL RULES?
include an agreement to be bound by the internal
mediation and administrative policies of such
institution

deemed to include an agreement to have such rules govern


the mediation of the dispute and for the mediator, the
parties, their respective counsel, and nonparty
participants to abide by such rules.
IN CASE OF CONFLICT BETWEEN THE
INSTITUTIONAL MEDIATION RULES AND
THE ADR ACT, WHICH WILL PREVAIL?

In case of conflict between the institutional mediation


rules and the provisions of this Act, the latter shall prevail.
WHAT ARE THE DUTIES OF THE
PARTIES UPON SETTLEMENT
AGREEMENT?

(a) A settlement agreement following successful mediation


shall be prepared by the parties with the assistance of their
respective counsel, if any, and by the mediator.
(b) The parties and their respective counsels shall endeavor
to make the terms and condition thereof complete and
make adequate provisions for the contingency of breach to
avoid conflicting interpretations of the agreement.
(c) The parties and their respective counsels, if any, shall
sign the settlement agreement. The mediator shall certify
that he/she explained the contents of the settlement
agreement to the parties in a language known to them.
WHAT IS THE DUTY OF THE
MEDIATOR AFTER A SETTLEMENT
AGREEMENT HAS BEEN MADE?

The mediator shall certify that he/she explained the


contents of the settlement agreement to the parties in a
language known to them.
MAY THE PARTIES DEPOSIT THE
SETTLEMENT AGREEMENT WITH
THE COURT?

YES. If the parties so desire, they may deposit such


settlement agreement with the appropriate Clerk of a
Regional Trial Court of the place where one of the parties
resides.
WHEN AND WHERE MAY A PARTY
FILE A PETITION TO ENFORCE THE
SETTLEMENT AGREEMENT?

Where there is a need to enforce the settlement


agreement, a petition may be filed by any of the parties
with the same court, in which case, the court shall proceed
summarily to hear the petition, in accordance with such
rules of procedure as may be promulgated by the Supreme
Court.
MAY A MEDIATOR BECOME THE
SOLE ABRITATOR FOR THE DISPUTE?

YES. The parties may agree in the settlement agreement


that the mediator shall become a sole arbitrator for the
dispute and shall treat the settlement agreement as an
arbitral award which shall be subject to enforcement under
Republic Act No. 876, otherwise known as the Arbitration
Law, notwithstanding the provisions of Executive Order
No. 1008 for mediated dispute outside of the CIAC.
WHAT ARE THE OTHER FORMS OF ADR WHEREIN
THE PARTIES MAY AGREE TO REFER ONE OR
MORE OR ALL ISSUES ARISING IN A DISPUTE OR
DURING ITS PENDENCY?

The parties may agree to refer one or more or all issues


arising in a dispute or during its pendency to other forms
of ADR such as but not limited to

(a) the evaluation of a third person or

(b) a mini-trial,

(c) mediation-arbitration, or a combination thereof.


COURT-DIVERTED
MEDIATION
COURT-ANNEXED MEDIATION
AS PART OF PRE-TRIAL

1997 Rules of Civil Procedure, Rule 18, Section 2(a):

The pre-trial is mandatory. The court shall consider:

(a) The possibility of an amicable settlement or of a


submission to alternative modes of dispute resolution
The Three Stages of Diversion
1. The first stage is the Court-Annexed Mediation (CAM) where the
judge refers the parties to the Philippine Mediation Center (PMC) for
the mediation of their dispute by trained and accredited mediators.

2. Upon failing to secure a settlement of the dispute during the first


stage, a second attempt is made at the JDR stage. There, the JDR
judge sequentially becomes a mediator-conciliator-early neutral
evaluator in a continuing effort to secure a settlement. Still failing that
second attempt, the mediator-judge must turn over the case to another
judge (a new one by raffle or nearest/pair judge) who will try the
unsettled case. The trial judge shall continue with the pre-trial proper
and, thereafter, proceed to try and decide the case.

3.The third stage is during the appeal where covered cases are referred
to the PMC-Appeals Court Mediation (ACM) unit for mediation.
MEDIATABLE CASES
(1) All civil cases and the civil liability of criminal cases covered
by the Rule on Summary Procedure, including the civil liability
for violation of B.P. 22, except those which by law may not be
compromised;

(2) Special proceedings for the settlement of estates;

(3) All civil and criminal cases filed with a certificate to file
action issued by the Punong Barangay or the Pangkat ng
Tagapagkasundo under the Revised Katarungang Pambarangay
Law[10]

(4) The civil aspect of Quasi-Offenses under Title 14 of the


Revised Penal Code;
(5) The civil aspect of less grave felonies punishable by
correctional penalties not exceeding 6 years imprisonment,
where the offended party is a private person;
RATIONALE: Expansion of mediation jurisdiction over
less grave felonies (punishable by correctional penalties of
not exceeding 6 years) is justified since, presumably, the
deterrent effect upon which societal security rests is not
the principal purpose of correctional penalties. They are
intended for the rehabilitation and correction of the
offender. It is for this reason that offenses punishable by
correctional penalties are subject to probation. The
qualified offender granted probation is given conditional
freedom and released to society.
(6) The civil aspect of estafa, theft and libel;
(7) All civil cases and probate proceedings, testate and
intestate, brought on appeal from the exclusive and
original jurisdiction granted to the first level courts under
Section 33, par. (1) of the Judiciary Reorganization Act of
1980;[11]

(8) All cases of forcible entry and unlawful detainer


brought on appeal from the exclusive and original
jurisdiction granted to the first level courts under Section
33, par. (2) of the Judiciary Reorganization Act of 1980;[12]
(9) All civil cases involving title to or possession of real
property or an interest therein brought on appeal from the
exclusive and original jurisdiction granted to the first level
courts under Section 33, par. (3) of the Judiciary
Reorganization Act of 1980;[13] and

(10) All habeas corpus cases decided by the first level


courts in the absence of the Regional Trial Court judge,
that are brought up on appeal from the special jurisdiction
granted to the first level courts under Section 35 of the
Judiciary Reorganization Act of 1980;[14]
CASES NOT MEDIATABLE
1. Civil cases which by law cannot be compromised (Article
2035, New Civil Code);
2. Other criminal cases not covered under paragraphs 3 to 6
above;
3. Habeas Corpus petitions;
4. All cases under Republic Act No. 9262 (Violence against
Women and Children); Garcia vs. Hon. Drilon GR 179267
5. Cases with pending application for Restraining
Orders/Preliminary Injunctions.
However, in cases covered under 1, 4 and 5 where the parties inform
the court that they have agreed to undergo mediation on some aspects
thereof, e.g., custody of minor children, separation of property, or support
pendente lite, the court shall refer them to mediation.
SALIENT PROVISIONS OF
PROCEDURE UNDER COURT-
ANNEXED MEDIATION

Individual parties are required to personally appear for


mediation. In the event they cannot do so, they can send
their representatives who must be fully authorized to appear,
negotiate and enter into a compromise, through a Special
Power of Attorney.
Corporations, partnerships, or other juridical entities shall be
represented by a ranking corporate officer fully authorized
by a Board Resolution to offer, negotiate, accept, decide and
enter into a compromise agreement, without need of further
approval by or notification to the authorizing party. ]

NOTE: In conjunction with Article 2033 of the NCC.


The Mediator shall not record in any manner the
proceedings of the joint conferences or of the separate
caucuses. No transcript or minutes of mediation
proceedings shall be taken. If personal notes are taken
for guidance, the notes shall be shredded and
destroyed. Should such record exists, they shall not be
admissible as evidence in any other proceedings.

If no settlement has been reached at the end of the period


given, the case must be returned to the referring judge.
SANCTIONS
The court, upon recommendation of the Mediator, may
impose sanctions upon a party who fails to appear before
the Philippine Mediation Center (PMC) Unit as directed
by the referring judge, or upon any person who engages in
abusive conduct during mediation proceedings, as
provided for in the Rules of Court as part of the Pre-Trial
and other issuances of the Supreme Court, including, but
not limited to censure, reprimand, contempt, requiring the
absent party to reimburse the appearing party his costs,
including attorney's fees for that day up to treble such
costs, payable on or before the date of the re-scheduled
setting. Sanctions may also be imposed by the referring
judge upon his own initiative or upon motion of the
interested party.
WHEN CAN THE SANCTION/S
BE LIFTED OR SET ASIDE?

Upon justifiable cause duly proved in the hearing called on


the motion to reconsider filed by the absent party,
concurred in by the concerned mediator, the sanctions
imposed may be lifted or set aside in the sound discretion
of the referring judge.
DURATION OF MEDIATION IN
THE PMC

The Mediator shall have a period of not exceeding thirty


(30) days to complete the mediation process. Such period
shall be computed from the date when the parties first
appeared for the initial conference. An extended period of
another thirty (30) days may be granted by the court, upon
motion filed by the Mediator, with the conformity of the
parties.
SETTLEMENT
FULL SETTLEMENT IS REACHED: Parties, assisted by
their respective counsels, shall draft the compromise
agreement which shall be submitted to the court for
judgment upon compromise or other appropriate action.

AFTER COMPLIANCE OF TERMS OF THE


COMPROMISE AGREEMENT: The parties shall instead
submit a satisfaction of claims or a mutual withdrawal of
the case and, thereafter, the court shall enter an order
dismissing the case.
PARTIAL SETTLEMENT REACHED: The parties shall,
with the assistance of counsel, submit the terms thereof for
the appropriate action of the court, without waiting for
resolution of the unsettled part.

AS REGARDS THE UNSETTLED PART: The court shall


proceed to conduct JDR proceedings.
JUDICIAL DISPUTE
RESOLUTION
GENERAL RULE: All judges who have undergone
orientation in JDR procedures and completed their
training in mediation, conciliation and neutral evaluation,
are authorized to conduct JDR proceedings in accordance
with these guidelines for the settlement of disputes
pending in their courts, after the parties failed to settle
their disputes during Court Annexed Mediation at the
Philippine Mediation Center Units (PMCU).

EXCEPTION: Unless otherwise directed by the Supreme


Court.
PROCEDURE
JUDICIAL PROCEEDINGS SHALL BE DIVIDED INTO
TWO STAGES:

(1) from the filing of a complaint to the conduct of CAM


and JDR during the pre-trial stage

Who shall conduct? The judge to whom the case has been
originally raffled or the JDR judge

(2) pre-trial proper to trial and judgment

Who shall conduct? The trial judge.


ROLE OF THE JDR JUDGE
Conduct the JDR process as mediator, neutral evaluator
and/or conciliator in order to actively assist and facilitate
negotiations among the parties for them to settle their
dispute.

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 party's case and makes a
non-binding and impartial evaluation of the chances of
each party's 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.

IMPORTANT: The JDR judge shall not preside over the


trial of the case when the parties did not settle their
dispute at JDR.
MAY THE CASE BE REFERRED
BACK TO JDR EVEN DURING
TRIAL STAGE?
YES! How?

Upon written motion of one or both parties indicating


willingness to discuss a possible compromise. If the motion
is granted, the trial shall be suspended and the case
referred to JDR, which shall be conducted by another
judge through raffle in multiple sala courts.
If settlement is reached during JDR, the JDR court shall
take appropriate action thereon, i.e. approval/disapproval
of the compromise agreement.
The result of the JDR proceedings shall be referred to the court of
origin for appropriate action, e.g. approval of the compromise
agreement, trial, etc.
If settlement is not reached at JDR, the case shall be
returned to the referring court for continuation of trial.
The parties may, by joint written motion, despite confidential
information that may be divulged during JDR proceedings, file a
request that their case be not transferred to other courts for JDR
and that they agree to have the trial judge continue the trial
should the case not be settled through JDR.
PARTICIPATION OF PARTY
LITIGANTS

1. Individual Party Litigants

The party litigants shall personally attend all mediation


conferences or through duly authorized representatives.
The authority of the representatives shall be in writing and
shall state that they are fully empowered to offer, negotiate,
accept, decide, and enter into a compromise agreement
without need of further approval by or notification to the
authorizing parties.
2. Corporate Party Litigants

In case of corporations, the representatives must be senior


management officials with written authority from the
Board of Directors to offer, negotiate, accept, decide, and
enter into compromise agreement without need of further
approval by or notification to the authorizing parties.
SANCTIONS
Provided in Rule 18 of the Revised Rules of Court and
relevant issuances of the Supreme Court including, but
not limited to censure, reprimand, contempt, and
requiring the absent party to reimburse the appearing party
his costs, including attorney's fees for that day up to treble
such costs, payable on or before the date of the re-
scheduled setting.

Sanctions may be imposed by the JDR judge upon motion of the


appearing party or motu proprio.
HOW ARE THE SANCTION/S
LIFTED OR SET ASIDE?
Upon justifiable cause duly proved in the hearing of the
motion to reconsider filed by the absent party, the
sanctions imposed may be lifted, set aside or modified in
the sound discretion of the JDR judge.

A representative who appears on behalf of an individual or


corporate party without the required authorization by
special power of attorney or board resolution, respectively,
may similarly be imposed appropriate sanctions.
DURATION OF JDR
PROCEEDINGS
Judges of the First Level Courts shall have a period of not
exceeding thirty (30) days, while judges of the Second Level
Courts shall have a period of not exceeding sixty (60) days.
A longer period, however, may be granted upon the
discretion of the JDR judge if there is a high probability of
settlement and upon joint written motion of the parties.
Both periods shall be computed from the date when the
parties first appeared for JDR proceedings as directed in
the respective Orders issued by the judge. As far as
practicable, JDR conferences shall be set not more than
two (2) weeks apart so as to afford the parties ample time
to negotiate meaningfully for settlement.
In criminal cases covered by CAM and JDR, where
settlement on the civil aspect has been reached but the
period of payment in accordance with the terms of
settlement exceeds one (1) year, the case may be archived
upon motion of the prosecution, with notice to the private
complainant and approval by the judge.
SETTLEMENT IN CIVIL CASES
If full settlement of the dispute is reached, the parties,
assisted by their respective counsels, shall draft the
compromise agreement which shall be submitted to the
court for a judgment upon compromise, enforceable by
execution.
Where full compliance with the terms of the compromise
is forthwith made, the parties, instead of submitting a
compromise agreement, shall submit a satisfaction of
claims or a mutual withdrawal of the parties' respective
claims and counterclaims. Thereafter, the court shall enter
an order dismissing the case.
If partial settlement is reached, the parties shall, with the
assistance of counsel, submit the terms thereof for the
court's approval and rendition of a judgment upon partial
compromise, which may be enforced by execution without
waiting for resolution of the unsettled part.
In relation to the unsettled part of the dispute, the court
shall proceed to conduct trial on the merits of the case
should the parties file a joint motion for him to do so,
despite confidential information that may have been
divulged during the conciliation/mediation stage of the
proceedings. Otherwise, the JDR Judge shall turn over the
case to a new judge by re-raffle in multiple sala courts or to
the originating court in single sala courts, for the conduct
of pre-trial proper and trial.
SETTLEMENT IN CRIMINAL
CASES
If settlement is reached on the civil aspect of the criminal
case, the parties, assisted by their respective counsels, shall
draft the compromise agreement which shall be submitted
to the court for appropriate action.

Action on the criminal aspect of the case will be


determined by the Public Prosecutor, subject to the
appropriate action of the court.
If settlement is not reached by the parties on the civil
aspect of the criminal case, the JDR judge shall proceed to
conduct the trial on the merits of the case should the
parties file a joint written motion for him to do so, despite
confidential information that may have been divulged
during the JDR proceedings. Otherwise, the JDR Judge
shall turn over the case to a new judge by re-raffle in
multiple sala courts or to the originating court in single
sala courts, for the conduct of pre-trial proper and trial.
Where no settlement or only a partial settlement was
reached, and there being no joint written motion
submitted by the parties, as stated in the last preceding
paragraphs, the JDR judge shall turn over the case to the
trial judge, determined by re-raffle in multiple sala courts
or to the originating court in single sala courts, as the case
may be, to conduct pre-trial proper, as mandated by Rules
18 and 118 of the Rules of Court.
PROVISIONS COMMON TO
CAM AND JDR
CONFIDENTIALITY
Any and all matters discussed or communications made, including
requests for mediation, and documents presented during the
mediation proceedings before the Philippine Mediation Center or
the JDR proceedings before the trial judge, shall be privileged and
confidential, and the same shall be inadmissible as evidence for
any purpose in any other proceedings. However, evidence or
information that is otherwise admissible does not become
inadmissible solely by reason of its use in mediation or
conciliation.
Further, the JDR judge shall not pass any information obtained in the
course of conciliation and early neutral evaluation to the trial
judge or to any other person. This prohibition shall include all
court personnel or any other person present during such
proceedings. All JDR conferences shall be conducted in private.
ROLE OF LAWYERS
Lawyers may attend mediation proceedings in the role of adviser and
consultant to their clients, dropping their combative role in the
adjudicative process, and giving up their dominant role in judicial
trials. They must accept a less directive role in order to allow the
parties more opportunities to craft their own agreement.

In particular, they shall perform the following functions:

1. Help their clients comprehend the mediation process and its


benefits and allow them to assume greater personal responsibility in
making decisions for the success of mediation in resolving the dispute.

2. Discuss with their clients the following:


*The substantive issues involved in the dispute.
*Prioritization of resolution in terms of importance to client.
*Understanding the position of the other side and the
underlying fears, concerns, and needs underneath that
position.
*Need for more information or facts to be gathered or
exchanged with the other side for informed decision
making.
*Possible bargaining options but stressing the need to be open-
minded about other possibilities.
*The best, worst, and most likely alternatives to a negotiated
agreement.
3. Assist in preparing a compromise agreement that is not
contrary to law, morals, good customs, public order, or
public policy so that the same may be approved by the
court, paying particular attention to issues of voluntary
compliance of what have been agreed upon, or otherwise
to issues of enforcement in case of breach.

4. Assist, wherever applicable, in the preparation of a


manifestation of satisfaction of claims and mutual
withdrawal of complaint and counterclaim as basis for the
court to issue an order of dismissal.