JDR

Judicial Dispute
Resolution
Rules of Court
Rule 18 – Pre-trial

• Sec. 2 Nature and Purpose – 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 resolutions.
Despite Rule 18, SC observed that most judges go
through the function of exploring settlement
Perfunctorily for various reasons including
fear of being disqualified if he goes through the
process more intensively
JDR sites:
• La Union • Negros
• Benguet Occidental
• Zambales • Misamis Oriental
• Tarlac • Pampanga
• Bataan • Rizal
• NCR • Laguna
• Cavite • Leyte
• Batangas • Cebu
• Iloilo • Davao
Judicial Dispute Resolution
Another innovation in the Philippine Court
system
When CAM fails; Case is brought to the JDR
judge who acts as:
Conciliator
Mediator
Neutral Evaluator
Judge will try to mediate the case
Judicial Dispute Resolution
If the judge’s intervention succeeds, case is
concluded with a judgement base on a
compromise
If dispute is still unresolved, case is reffered to
another judge “ trial judge” for trial
During trial, at the insistence of any party, Mid –
Trial JDR may be.
Judicial Dispute Resolution
Judicial Dispute Resolution
JDR Guidelines

A.M. No. 04 – 1-12- SC – PHILJA

A.M. No. 11 – 1- 6 – SC – PHILJA

(January 11, 2011)

CAM & JDR: Benefits Effective Tools
Decongest Court Dockets
Reduce Unnecessary Delay
Humanize the Judiciary
Enhance Access to Justice
Interest Based V. Rights Based
Dispute Resolution Litigation

1. Product – Compromise
1. Judgement is imposed
agreement (Facilitated)

2. Focus - person 2. Act; punishment

3. Outlook – Future; Towards 3. Backward looking to past

reconciliation events

4. Process – Informal
4. Rigid; Formal (Documents)
(Confidential), Flexible

5. Result – Win - Win 5. Win - Lose

PMCO
Philippine
Mediation
Center
Office
PMCO mission

To help empower disputing parties reach mutually

acceptable solutions by providing efficient &
effective – Court Annexed Mediation (CAM)
Judicial Dispute Resolution (JDR), Appeals
Court Mediation (ACM) and other court –
related/refered ADR services , including
arbitration.
Role of PMCO
To actively promote the acceptance & use of alternative dispute
resolution (ADR) by:
 Rationally establishing & managing effective & efficient PMC
units (& staff) nationwide
 Engaging qualified, performing, & highly – motivated
mediators and PMC
 Enabling the Parties themselves to resolve the disputes
brought to the courts, resulting in the decongestion of court
dockets fostering party autonomy, & enhancing access to
justice
 Developing ADR programs & initiatives that are both relevant
and sustainable
 Generating & utilizing to the optimum ADR resources
(research & policy materials, funds & other means of support),
& thereby,
JDR Administrative Rules:
Topics: 7. Special courts
1. Applicable SC 8. Party – participation
Administrative Matters appearance
2. Coverage 9. Decisions; Orders;
3. Two – Judge system Settlements
4. Two Basic Stages of 10.Mid – Trial JDR
JDR 11.Criminal cases
5. TRO’s & injunctions 12.Role of Counsel in
6. Single Sala courts JDR
Coverage of JDR:
1. All civil cases & the civil liability of criminal cases
covered by the Rule on summary Procedure,
including the civil liability for violation of BP 22,
except those which the law may not be
compromised;
2. Special proceedings for the settlement of estates;
3. All civil & criminal cases filed with a certificate to file
with a certificate to file action issued by the punong
barangay or the pangkat nang Tagapagkasundo
under the law Katarungang Pambarangay law;
4. The civil aspect of Quasi – offenses under Title 14
of the revised penal code;
Coverage of JDR:
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;
6. The civil aspects of estafa, theft & libel;
7. All civil cases & probate proceedings, testate & intestate
brought on appeal from the exclusive & original
jurisdiction granted to the 1st level courts under section
33, par. (1) of the Judiciary Reorganization Act of 1980;
8. All cases of forcible entry & unlawful detainer brought on
appeal from the exclusive & original jurisdiction granted
to the 1st level courts under section 33, par. (2) of the
Judiciary Reorganization Act of 1980;
Coverage of JDR:
9. All civil cases involving title to or possession of
real property or an interest therein brought on
appeal from the exclusive & original jurisdiction
granted to the 1st level courts under section 33,
par. (3) of the Judiciary Reorganization Act of
1980.
Coverage of JDR.
10. All habeas corpus cases decided by the 1st
level courts in the absence of the Regional Trial
Court Judge, that are brought up on appeal from
the special jurisdiction granted to the 1st level
courts ubder ect ion 35 of the Judiciary
Reorganization of 1980.
Coverage of JDR.
The Follwing Cases shall not be reffered to CAM &
JDR:
1. Civil Cases which by law cannot be compromised
(NCC 2035)
A. civil status of a person
B. Validity of a marriage or legal separation
C. Any ground for legal separation
D. Future support
E. Jurisdiction of courts
F. Future legitime
Coverage of JDR.
2. other criminal cases not covered under par. 3 to
6
3. Habeas Corpus Petitions
4. All cases under RA 9262 (VAWC)
5. All cases with pending application for restraining
orders/preliminary injunctions
6. Small Claims Courts
Coverage of JDR.
However, in cases covered under 1, 4, &5 where
the parties informed 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.
JDR Innovative Approach To ADR

TWO – Judge System

JDR Judge:
Handles case from the filing of a complaint, to he conduct of CAM &
JDR during the pre-trial stage.

Trial Judge:
Presides pre-trial proper & trial & renders the decision of the case.
JDR Judge
• No distinction between 1st or 2nd level court
judges

• JDR Jurisdiction & Judge must concur

JDR Procedure:
2 Stages:

1st stage: from the filing of a complaint to the

conduct of CAM & JDR during pre-trial stage.
The judge to whom the case has been originally
shall preside over the first stage & shall be
called the JDR judge.
Thereafter, he issues an order of referral of the
case to CAM, directing the parties & counsels to
proceed to the PMCU
1st stages
• The referral order includes a pre – setting of the
case for JDR not earlier than 45 days from the
time the parties first personally appeared at the
PMCU

• For JDR to be conducted immediately if the

parties do not settle at CAM
1st stages
• Referral to CAM is a pre-requisite to the conduct of JDR
proceedings.

• The JDR judge shall not preside over the trial of the case
when the parties did not settle their dispute at JDR

• Parties will be more spontaneous once they are assured

that the JDR judge will not be the one to try the case
• The JDR judge may have elicited confedential
information that may create bias & partiality that could
affect judgement.
2nd Stage
Pre- trial proper to trial & judgement & shall be
presided over by the trial judge.

In Multi – Sala Courts

If the case is not resolved during JDR, it shall be
raffled to another court, where the rest of the
judicial proceedings up to judgement shall be
held.
New Rule: Restraining Orders &
preliminary Injunctions:
• 1. For cases with pending applications for
restraining orders/preliminary injunctions the
judge to whom the case was raffled shall rule on
the said applications.
• 2. During the pre-trial stage, the pre-trial stage,
the judge refers the case to CAM, but if the
parties do not settle at CAM, the case will be
raffled to another branch for JDR.
New Rule: Restraining Orders &
preliminary Injunctions:
• 3. If the parties do not settle at JDR, the case
will be returned to the branch that rules on the
applications for the pre-trial proper & up to
judgement.
In single Sala Courts:
• The JDR proceedings shall be conducted at the
station where the cashe commencement case
was originally filed.

• Before the commencement of the JDR

proceedings, the parties may file a joint written
motion requesting that the court of origin
conduct the JDR proceeding & trial.
In single Sala Courts:
• Their being no agreement to maintain the JDR
proceedings & the trial at the court of origin. JDR
proceedings will be conducted by the judge of
the pair court, if any. Otherwise, by the judge of
the nearest court as determined by the
concerned Executive Judge.

• The result of the JDR proceedings shall be

reffered to the court of origin for appropriate
action. (ex. Approval of compromise agreement,
etc.)
Family Courts:
• Before the commencement of the JDR
proceedings, the parties may file a joint written
motion requesting that the court of origin
conduct the JDR proceedings & trial.

• Unless otherwise agreed upon, the JDR

proceedings in areas where only one court is
designated as a family court, shall be conducted
by a judge of another branch, through raffle.
Family Courts:
 If there is another family court in the same area, the
family court to whom the case was originally raffled
shall conduct JDR proceedings & if no settlement is
reached, the other family court shall conduct the
pre-trial proper & trial.

 Despite the non-mediatable nature of the main case,

i.e. Annulment of marriage, incidental issues
(custody of the children, support, visitation, property
relations, guardianship) may be reffered for
mediation at CAM & JDR to limit the issues for trial.
Commercial Courts:
• Before the commencement of the JDR
proceedings, the parties, may file a joint written
motion requesting that the court of origin
conduct the JDR proceedings & trial.
• Unless otherwise agreed upon, the JDR
proceedings in areas where only one court is
designated as a commercial/intellectual
property/ environmental court, hereafter reffered
to as special court, shall be conducted by
another judge through raffle & not by the judge
of the special court.
Commercial Courts:
• Where settlement is not reached, the judge of
the special court shall be the trial judge

• Any incident or motion filed before the pre-trial

stage shall be dealt with by the special court that
shall refer the case to CAM.
JDR During the Trial

• Mid-Trial JDR
JDR During the Trial
• Cases may be referred to JDR 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 & the case referred to JDR which
shall be conducted by another judge through
raffle in multiple sala courts.
JDR During the Trial
• If settlement is reached during JDR, the court
shall take appropriate action thereon
approval/disapproval of the compromise
agreement.

• If settlement is not reached at JDR, the case

shall be returned to the referring court for
continuation of trial.
Single Sala Courts:
• JDR is to be conducted by the nearest court (or pair
court, if any) regardless of level of the latter court.

• The result of the JDR proceedings shall be referred to

court of origin for appropriate action, e.g. Approval of the
compromise agreement, trial.

• Parties may, by joint written motion, despite confidential

information that may be divulged during JDR
proceedings, file a request that their case not be
transferred to other courts for JDR & that they agree to
have the trial judge continue the trial should the case not
be settled through JDR
Party Participation:
• Individual Party Litigants:
Personal attendance required in all mediation/JDR
conferences.
Exception:
Authorized representatives in writing
Fully empowered to offer, negotiate, accept,
decide & enter into a compromise agreement
without need of further approval by or
notification to the authorizing parties.
Corporate Party Litigants
Representatives:
• Senior Management Officials

• With written authority from the Board of Directors

To offer, negotiate, accept, decide & enter into a
compromise agreement without need of further
approval by or notification to the authorizing
parties
Decisions/Orders in JDR
• Decisions or judgement approving the compromise
agreements of parties or orders issued based or
arrived upon through the efforts of the judge shall
contain a statement to the effect that the
decision/order was achieved through JDR.
• To distiguish decisions or judgements secured
through CAM

• Copies of such decisions must be submitted to the

PMCU for documentaion purposes.
Sanctions/Failure to Appear:
• Appropriate sanctions under rule 18 of rules of
court

• Relevant Issuances by the supreme court

• Censure
• Reprimand
• contempt
Reimbursement of appearing party
of
• Cost
• Attorney’s Fees: Treble the cost
• Upon motion of the appearing party or motu propio

Lifting of Sanctions:
 Upon Justifiable Cause
 In a hearing for the motion to reconsider such
sanctions
 Results; maintained lifted set aside or modified
 Sound discretion of the JDR judge.
Appearance by representatives
• Individual/Corporate representatives

• Results: appropriate sanctions

• Without authorization
Special power of atty.
Board resolution
Duration of JDR: General Rule
• 1st Level Court -30 days from the time the
parties first appeared for JDR

• 2nd Level courts – 60 days from the time the

parties first appeared for appeared.
Extensions:
• A longer time be granted, upon discretion of the
JDR Judge. If there is high probability of
settlement & upon joint written motion of the
parties.
• in criminal cases covered by CAM & JDR,
where settlement on the Civil aspect has been
reached but the period of payment exceeds one
year the case may be archived upon motion of
prosecution with concurrence of the private
complaint & approved by the judge.
Scheduling of JDR conferences:
• JDR conferences shall be set not more than two
weeks apart from the preceding JDR conference
to afford the parties to negotiate a meaningful
settlement.
Suspension of Periods
• The period during which the cases undergoing
JDR proceedings shall be excluded from the
regular & mandatory periods for trial & rendition
of judgement in ordinary cases & in cases under
summary proceedings.
Settlement
• Civil cases

• Judgement – if settlement of the dispute is

reached, the parties with assistance of their
counsels, shall draft the compromise agreement,
which shall be submitted to the court for a
judgement upon a compromise, enforceable by
execution.
Dismissal
• Where full compliance with the terms of the
compromise agreement is forthwith made, the
parties, instead submitting a compromise
agreement, shall instead submit a satisfaction of
claims or mutual withdrawal of the complaint &
counterclaim. Thereafter, the court shall enter an
order dismissing the case.
Partial Settlement
• Upon partial settlement, with the assistance of
counsel, submit the terms thereof for the court’s
approval & rendition of a judgement upon partial
compromise, enforceable by execution without
waiting for the resolution of the unsettled part.
Unsettled portion of the dispute
• Options:
A. Proceedings to trial on the merits
B. Upon joint written motion of the parties
C. Re raffle to other courts (multiple sala courts)
D. Back to originating court (single sala courts)
Criminal Cases
• In case of settlement
Civil aspect: parties assisted by counsels will
draft the compromise agreements & submitted to
the court for appropriate action.

Criminal aspect: for determination by the public

prosecutor, subject appropriate action of the
court.
Failure to settle:
• No settlement on the civil aspect
1. re-raffle in multi – sala courts; back to
originating court in single sala courts for the
conduct of pre-trial proper & trial.

2. upon joint written motion of the parties, JDR

judge to proceed & conduct trial on the merits
Pre-trial proper
No full/partial settlement
No joint written motion to retain the cases with the JDR judge

• Re-raffle in multi sala courts, back to originating

court in single sala courts for the conduct of pre-
trial proper and trial.
Trial and Judgement
• Trial Judge:

-expeditiously proceed to trial

-Render judgement
Confidentiality in JDR
Information:

Privileged & confidential:

-Inadmissible as evidence in any other proceeding

During the conduct of JDR:
• Matters discussed
• Communications made
• Request for mediation
• Documents presented

Strictly confidential!
However: evidence or information that is
otherwise admissible does not become
inadmissible solely by reason of its use in
mediator or JDR.
Prohibition for JDR Judge/court
personnel:
- JDR judge shall not pass any information in the
course of conciliation & early neutral evaluation
to the trial judge or to any other person.

- Prohibition includes court personnel or any other

person present during such proceedings

- JDR Proceedings are not public hearings. They

are to be conduct in Private!
Role of lawyers in CAM/JDR
proceedings:
Lawyers may attend CAM/JDR proceedings

1. As advisers/consultants
2. Drop combative role in the adjudication process
3. Give up dominant role in the judicial trials
Role of lawyers in CAM/JDR
proceedings:
4. Accept a less directive role in order to allow the
parties more opportunities to craft their own
agreement

5. Help clients comprehend the mediation process

& its benefits & allow them to assume greater
personal responsibility in making decisions for
the success of the mediation in resolving the
dispute.
Discuss with their clients the
following:
• Substantive issues involved in the dispute

• Prioritization of resolution in terms of importance to client

• Understanding the position of the other side & the

underlying fears, concerns & 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
Discuss with their clients the
following:
• The best (BATNA), worst (WATNA) & most
(MLATNA) likely alternatives to a negotiated
agreement.

• 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.
Discuss with their clients the
following:
• Assist wherever applicable, in the preparation of
a manifestation of satisfaction of claims & mutual
withdrawal of complaint & counterclaim as basis
for the court to issue an order of dismissal.
The JDR Process
Stages of JDR:
1. Delivering an opening Statement
2. Applying active listening
3. Reflecting, refraiming, restating, clarifying,
paraphrasing positions/rights to interest
4. BATNA, WATNA, MLANTA, ZOPA
5. Caucusing technique & impasse
6. Retention or re-raffling
The JDR Process

Reflecting,
Delivering reframing,
an Applying Active clarifying,
opening Listenin Skills paraphrasing
Statement positions/rights to
interest

Caucusing BATNA;
Retention or WATNA;
Techniques &
re-raffling MLANTA;ZOPA
impasse