About Alternative Dispute Resolution

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

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.

THE QUEST FOR JUSTICE THROUGH THE JUDICIARY

Everyday about 2,130 judges and 26,238 court personnel across the country contend with over 780,000 cases before the courts, excluding the Supreme Court of the Philippines. Despite this severe case overload, Filipinos keep choosing to bring their case to court, unaware of other legal remedies. The poor and marginalized groups, in turn, often avoid legal matters entirely. Many are discouraged by the high cost of litigation, the case delays and a perceived bias favoring rich and educated litigants.The Supreme Court of the Philippines embarked on the Action Program for Judicial Reform (APJR) to confront these and several other issues that negatively affect the quality and delivery of judicial services.In support of the APJR, the Canadian International Development Agency (CIDA) helped develop the Justice Reform Initiatives Support (JURIS) Project. The five-year JURIS Project addresses two elements of the APJR: strengthen and promote the use of mediation and Alternative Dispute Resolution (ADR) to decongest the courts and improve the Filipinos access to justice, especially among the poor. Underlying the design of JURIS are commitments to ensuring the project is locally driven; building the capacity of organizations involved, both within and outside of government, who will be in a position to ensure sustainability of project activities; and to building a platform for ongoing judicial reform among a broad range of stakeholders.

Frequently Asked Questions

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 court-annexed mediation since the case has already been filed in court.

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. What cases are covered by mediation?

1. 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. 2. Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law such as disputes between neighbors of the same barangay over property.3. The civil aspect of Batas Pambansa 22, which covers the debts paid through bouncing checks. 4. The civil aspect of quasi-offenses under negligence like motor vehicle accidents that has damaged the vehicle or injured passengers or pedestrians.What cases are excluded from mediation?

Cases which cannot be compromised are not included, like legal separation or annulment of marriage.Can I or the other party refuse mediation?

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.How will I benefit 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.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.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.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.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.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:

In civil cases: 1. Complaint2. Answer with a mediatable counterclaim In criminal cases:1. Complaint/information for an offense falling under the Katarungang Pambarangay Law2. Complaint/information for violation of Batas Pambansa 22, estafa and libel where damages are sought 3. Complaint/information for quasioffenses falling under Title 14 of the Revised Penal Code. 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.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.

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. 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. 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. I want to be a mediator myself. What do I do?

The prospective mediator must submit the followingto PHILJA: curriculum vitae with 2x2 photo college school records; National Bureau of Investigation/police clearance; 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.

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.

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.

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. 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. 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. What is the judges role in mediation?

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 court-annexed mediation and JDR have failed. 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. 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.

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. 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. Can one complain against their mediator if he or she does not seem to be doing a good job?

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.

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 cheduled 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 thejudge. 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 ommunication. You will have 30 days for the proceedings, extendible to another 30 days. 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. 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. How long should each of these sessions last?

An individual mediation session can last from one hour to three hours on the average. 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. 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. 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. 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. 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. 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. Mediation in the Court of Appeals

What is Appellate Court Mediation?

Mediation is the process of resolving disputes with the help of a neutral third party (mediator) to reach a settlement that is mutually acceptable to all parties.

Appellate Court Mediation (ACM) is a mediation program in the Court of Appeals (CA), corollary to Court-Annexed Mediation in the lower courts. It provides a conciliatory approach in conflict resolution. Through ACM, the CA promotes a paradigm shift in resolving disputes from a rights-based (judicial) to an interest-based (mediation) process. How is Appellate Court Mediation different from Court-Annexed Mediation or Judicial Dispute Resolution?

In Court-Annexed Mediation, a case eligible for mediation at a First Level Court or Regional Trial Court during the pre-trial stage is referred by the presiding judge to the Philippine Mediation Center (PMC) Unit for mediation. Mediation is successful if the parties enter into a Compromise Agreement, and the judge renders a decision based on this agreement. If it fails or the parties refuse to undergo mediation, the case goes back to court for trial.

In Judicial Dispute Resolution under the JURIS Project, the mediation process is also in the lower courts and mediation is conducted just like in Court- Annexed Mediation. If mediation fails or the parties refuse mediation, the case goes back to the judge who does not yet try the case. The judge, acting sequentially as Conciliator, Neutral Evaluator and Mediator or a combination of the three, attempts to convince the parties to settle their case amicably. If the parties still refuse to settle, the case goes back to court for trial.

In Appellate Court Mediation, the case has been tried and judgment has been rendered at the lower courts but has been appealed to the Court of Appeals (CA). Thus, Party A already won the case in the lower courts but Party B appealed the decision to the CA. What are the benefits of Appellate Court Mediation?

For the judiciary, Appellate Court Mediation, as part of the Supreme Courts Action Program for Judicial Reform (APJR), aims to reduce the congestion of court dockets. A review of pre-ACM court statistics shows that although the disposal rate is high at 98.5 percent, the number of cases added to the backlog grows at an annual rate of 58 percent. Mediation offers a promising solution to lessening this backlog.

For litigants, after mediation has failed in the lower courts, Appellate Court Mediation provides an added option to put an end to costly and long-drawn litigation. Since mediation is a non-adversarial approach to resolving a case in court, it facilitates the interest-based settlement of the dispute through proposals coming from the parties themselves or suggested by the mediator and accepted by the parties.

Mediation helps litigants settle their dispute and rebuild their relationship. It is a win-win solution for both parties. When and how did implementation of ACM start?

The Supreme Court authorized the Philippine Judicial Academy (PHILJA) to pilot-test the mediation program in the Court of Appeals on April 16, 2002. The pilot ACM Project ran for almost three months from September 16 to November 22, 2002, with a success rate of 67 percent.

Thirty-one appellate court mediators from the ranks of retired justices and judges, senior members of the Bar, and senior professors of law participated in the orientation workshop conducted by experts from the Philippines and Singapore.

The Supreme Court approved the institutionalization of Appellate Court Mediation (ACM) on March 23, 2004 following the successful pilot-test. It also approved the Revised Guidelines for the Implementation of Mediation in the Court of Appeals to provide the legal framework.

From 2004 to 2006, PHILJA went on to recruit and train a core of mediation faculty from ADR practitioners and the academe; revised the training curriculum and materials to make them more relevant to the Philippine setting; developed case study materials from actual cases; trained a new batch of 51 mediators for the Court of Appeals; capped their training with an internship program that required each mediator to handle at least two ongoing cases; formally launched the CA Mediation Center at the ground floor of the CA Annex Building; and finally developed a Mediation Training Manual for the Court of Appeals. The Project Director who supervised this project was Professor Alfredo F. Tadiar. What organizations are helping implement the ACM Program?

There are six institutions working together to implement the mediation process in the Court of Appeals.

The Court of Appeals (CA) Selects and refers cases and other documents or information for mediation.

Philippine Judicial Academy (PHILJA) Oversees the training program of appellate court mediators and assigns a PMC (CA) coordinator to oversee the operations of a PMC (CA) office, among other responsibilities.

Philippine Mediation Center-CA Helps facilitate successful mediation by providing administrative and operational support services.

Public Information Office of the Supreme Court (SC-PIO)Assists in the in formation, education and communication campaign program of the project.

Integrated Bar of the Philippines (IBP) Collaborates with PHILJA in its mediation advocacy and assists in the disciplinary actions for erring mediators.

Philippine Association of Law Schools (PALS)Includes Alternative Dispute Resolution (ADR) courses (including Mediation) and negotiating skills in the curriculum and re-orients law professors and students on legal aid. Are all cases elevated to the Court of Appeals eligible for Appellate Court Mediation?

No. Only the following cases elevated to the Court of Appeals are eligible for Appellate Court Mediation: 1. Civil cases brought on ordinary appeal or petition for review. 2. Appeals from final orders, awards, judgments, resolutions of the Court of Tax Appeals and quasi-judicial agencies in the exercise of their quasi-judicial functions through petition for review or certiorari that questions a decision for having been rendered in grave abuse of discretion amounting to lack of jurisdiction.

These quasi-judicial agencies include the following: Central Board of Assessment Appeals, Securities and Exchange Commission. Land Registration Authority, Office of the President, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology Transfer, National Electrification Administration, Energy Regulatory Board, National Telecommunications Commission, Department of Agrarian Reform under TA. 6657, Government Service Insurance System, Employees Compensation Commission, Agricultural Inventions Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments, Construction Industry Arbitration Commission, and Voluntary Arbitrators authorized by law. 3. Special civil actions for certiorari, except those involving pure questions of law. 4. Habeas corpus (court order directing law enforcement officials or custodians of detained persons to produce that person in court) cases involving custody of minors, with the consent of the parties, provided that the minor is not detained for commission of a criminal offense.5. Criminal cases cognizable by the Katarungang Pambarangay (Barangay Justice System) under Republic Act No. 7160 or offenses punishable by imprisonment not exceeding one year or a fine not exceeding P5,000.00 or both such fine and imprisonment. What cases cannot be mediated under ACM?

1. Civil cases, which by law cannot be compromised. 2. Criminal cases except those under No. 4 above (habeas corpus of minors not detained for a criminal offense). 3. Habeas corpus petitions involving custody of minors when the subject is detained for commission of a criminal offense. 4. Cases with pending application for restraining orders/preliminary injunctions, unless both parties request for mediationWho is qualified to serve as mediator in Appellate Court Mediation?

Only an Appellate Mediator who is trained and accredited by the Philippine Judicial Academy (PHILJA) can mediate in the Court of Appeals.

As a basic qualification, he/she must be a retired justice, judge, senior member of the Bar, or senior law professor, who possesses creative problem-solving skills and has strong interest in mediation. What are the duties and responsibilities of an Appellate Mediator?

Since mediation proceedings are confidential, violations made by either party or even the mediator will be sanctioned.1. Conducts mediation proceedings and calls caucuses (private meetings with each party) whenever necessary. 2. During mediation proceedings: a. informs parties of the rules and procedures for mediation b. assesses the risks and costs of continuing litigation c. draws out the underlying interests of the parties d. explores common ground for settlement 3. May suggest options for the parties to consider and, if practical or necessary, seek the assistance of a co-mediator to assess (on a nonbinding basis) the strengths and weaknesses of each partys case. 4. May request for a court order to impose appropriate sanctions if the parties fail to comply with the directives of the mediator such as, but not limited to, the payment of mediation fees, appearance of parties during scheduled conferences, and submission of written authority of representatives prior to the mediation proceedings. 5. Prepares the written terms of the compromise agreement that disposes of the dispute in whole or in part. 6. May terminate mediation at any time if parties are not interested to settle. 7. If the parties fail to reach a settlement, returns the case to the CA Division of origin and makes a confidential report to the Philippine Mediation Center-CA on the reasons for failure. 8. Discloses to the parties any circumstance that may create or give the appearance of a conflict of interest and any other circumstance that may raise a question as to his/her impartiality.9. Ensures strict confidentiality of all communications made by the parties during the mediation proceedings. What is the process in Appellate Court Mediation?

The entire mediation process in the appellate level consists of five phases: (1) selection of case, (2) resolution to appear, (3) agreement to mediate, (4) mediation proceedings, and (5) disposition of case.

Phase 1: Selection of Cases 1. The Division Clerk of Court, with the assistance of the PMC-CA, identifies the pending cases for mediation to be approved by the Ponente (Justice in charge of the case) either for completion of records or for decision. 2. The petitioner or appellant specifies, by writing or by stamping on the right side of the caption of the initial pleading (under the case number), that the case is qualified for mediation. 3. If the case is eligible for mediation, the Ponente, with the concurrence of the other members of the Division, refers the case to the PMC-CA. Phase 2: Resolution to Appear 1. The Ponente, with the concurrence of other members of the Division, issues a resolution (after submission of the appellants brief or after the filing of a petition for review or certiorari) directing the parties to appear at the PMC-CA without counsel to consider the possibility of mediation. 2. The resolution also suspends the running of the period to file the appellees brief or comment on the petition for review or certiorari, as the case may be, until further order of the Court. Phase 3: Agreement to Mediate 1. Upon agreement of the parties to mediate, the PMC-CA requires the parties to execute an Agreement to Mediate in a form provided for the purpose.2. The parties choose a mediator and the date and time of the initial mediation conference. 3. The Court then furnishes the following documents to the PMC-CA: a. Appellants brief and any memorandum or record on appeal b. Decisions or Orders of the court/tribunal being appealed or subject to certiorari Phase 4: Mediation Proceedings 1. The mediator tries to complete the mediation proceedings within thirty (30) days from the date of the initial mediation conference. However, the duration of mediation proceedings may be extended for another thirty (30) days if there is a request for extension based on a justifiable ground or reason. 2. Individual party litigants are required to attend mediation conferences in person; corporate parties must be represented by a corporate officer duly authorized by Board resolution. 3. Initial mediation conferences are held in the PMC-CA, but subsequent mediation conferences may be held outside the CA with notice to the Court. Phase 5: Disposition of Cases 1. If the parties agree to a full or partial compromise, the mediator drafts written terms with the concurrence of the parties/counsel. 2. The parties/counsel and mediator sign the compromise agreement which is transmitted to the Court. 3. The Court approves the compromise agreement, renders judgment upon a full or partial compromise, as the case may be, and makes an immediate entry of judgment. 4. In the case of full settlement, the parties agree to withdraw the appeal and enter into a mutual satisfaction of claims and counterclaims. Upon receipt, the Court renders an order of dismissal. 5. If the parties fail to reach a settlement, the mediator returns the case to the Division of origin. He or she then makes a confidential report to the PMC-CA on the reasons for the failure.How long does the mediation process take under ACM?

The mediation process ideally takes thirty (30) days from the date of the initial mediation conference. The mediation proceedings may be extended for another period not exceeding an additional thirty (30) days after a motion is filed with the Court. How much does mediation cost?

Mediation fees in the amount of one thousand pesos (P1,000.00) are collected by the Clerk of Court of the trial court upon filing of the Notice of Appeal or by the Clerk of Court of the Court of Appeals for cases that are directly filed therein.

The collected amount becomes part of the Mediation Fund which is utilized for the promotion of court-annexed mediation and other relevant modes of alternative dispute resolution (ADR), training of mediators, payment of mediators fees, and the operating expenses of PMC units nationwide. Who are exempt from paying the mediation fee?

A pauper litigant is exempt from paying the mediation fee. The unpaid amount is a lien to any monetary award in a judgment favorable to the pauper litigant. The accused-appellant is also exempt from paying the mediation fee. Are mediation proceedings admissible as evidence?

All matters discussed or communicated by the parties (including the request for mediation) during mediation conferences and documents presented before the PMCCA are privileged and confidential. These are 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 id mediation. This is to prevent the abuse of this privilege by crafty parties or their counsel.

Glossary and Abbreviations

AAO. Academic Affairs Office

AC. Administrative Circular

ADR. Alternative Dispute Resolution

Adjudication. Adjudication describes any form of formal dispute resolution process I which the parties litigate cases through the presentation of evidence and argument to a neutral third party who has the power to render binding decisions based on objective standards, rules or laws. Adjudication is used in many forums --- judicial (courts), administrative (tribunals), and arbitral (boards of arbitration). Adjudicative processes are rights-based and positional.

Alternative Dispute Resolution (ADR). ADR is a widely used term referring to the entire range of dispute resolution options outside the traditional administrative, judicial or legislative decision-making process.

AM. Administrative Matter

APJR. Action Program for Judicial Reform

Arbitration. Arbitration is an adjudicative form of dispute resolution involving a mutually acceptable neutral third party (arbitrator) empowered to make a decision on the merits after an informal hearing that usually includes presentation of evidence and oral argument. Arbitral decisions are generally binding and subject to limited judicial review. In exceptional cases, decisions are treated as non-binding and the right yo proceed to trial is preserved. Arbitration may be voluntary (by private agreement) or compulsory (by legislation or through a public court-annexed program). Instead of a single arbitrator, a panel (generally a tripartite board) may be used. Final offer selection is a version of arbitration where the arbitrator chooses between best offers submitted by parties. Arbitration is widely used for labor relations and commercial disputes.

BCC. Branch Clerk of Court

CA. Compromise Agreement

CAM. Court-Annexed Mediation

Caucus. A private session between the mediator and any one party in which the mediator explores the issues involved in the case and the options available to the parties to resolve the matter. if the mediator meets separately with one party, the mediator will almost always then meet separately with the other parties to the mediation.

CIDA. Canadian International Development Agency

COC. Clerk of Court

Compromise Agreement. The settlement of a dispute by mutual concession. When approved by the court, the compromise agreement will have the force and effect of a court decision. As such, the compromise agreement may be enforced by the court through execution of judgment.

Conciliation. Conciliation is a process in which a neutral third party (conciliator) conveys information between parties and attempts to improve direct communication between them. The conciliator often prepares a report that describes the scope of agreement and disagreement. The role of a conciliator is more passive than a mediator. Conciliaton is most often used in collective bargaining disputes.

Conflict. Conflict is usually based upon a difference over goals, objectives, or expectations between individuals or groups. Conflict also occurs when two or more people, or groups, compete over limited resources and/or perceived, or actual, incompatible goals.

Conflict Resolution. A process of resolving a dispute or disagreement.

Consensus. A mutually acceptable agreement that takes into consideration the interests of all concerned parties. An agreement reached through consensus may not satisfy each participants interests equally or receive a similar level of support from all participants.

Court-Annexed Mediation (CAM). Court-annexed mediation is a voluntary process wherein the court may advise parties to submit their case for mediation so that hey may be assisted by neutral party to facilitate their discussions or negotiations towards a workable solution to the problem. The parties maintain their rights to proceed to trial if mediation fails. Any settlement that is reached becomes a judgment of the court.

DMC. Design and Management Committee

DS. Daily Supervisor (Mediation Unit)

Early Neutral Evaluation (ENE). Early Neutral Evaluation is a non-binding process in which a neutral third party (facilitator) manages the discussion between parties that are attempting to reconcile divergent views and reach agreement on issues or tasks. Facilitation is used in a wide variety of settings including management meetings and public consultations.

EJ. Executive Judge

ENE. Early Neutral Evaluation

Fact-Finding. Fact-finding is a process by facts relevant to a controversy are determined by a designated person and a resolution of issues recommended or determined. Parties decide in advance to treat the results as conclusive or advisory. If advisory, fact-finding is sometimes referred to as non-binding arbitration. The fact-finder may be a neutral third party or an expert in a relevant field. The fact-finder may be jointly selected by parties or provided by a public body. Fact-finding may be used as part of a broader dispute resolution process such as negotiation, mediation, or arbitration. It is often used to gather information regarding public sector collective agreements and to address scientific or technical issues.

GC. Grievance Committee

IBP. Integrated Bar of the Philippines

JDR. Judicial Dispute Resolution

JPSC. Joint Project Steering Committee

JRO. Judicial Reforms Office

Litigation. Litigation is a formal, rights-based adjudicative process that depends on each party advancing position, presenting evidence, and making arguments before a neutral third party decision-maker. Litigation is used in trial and hearings.

Mediation. Mediation is a process of assisted negotiation that relies on a neutral third party (mediator) to help parties reach a mutually agreeable resolution. Participation by the parties may be voluntary (by private agreement) or mandatory (through a public program such as court-annexed mediation). Whether attendance is voluntary or mandatory, settlements are consensual; the mediator has no authority to impose result. Settlements reached through mediation are binding upon the parties. Forms of mediation include evaluative, problem-solving, facilitative, transformative, and therapeutic.

Mediation/Arbitration (MED/ARB). Med/Arb is a process in which parties agree that mediation will be followed by arbitration of unresolved issues. In med/arb the same neutral third party generally perform both roles. Med/Arb is becoming increasingly popular in the lbor-relation area. the reverse (Arb/med) is also used in some circumstances.

Mediation Conference. A discussion among the disputing parties, their counsel, and the mediator, to explore options for settling a dispute.

Mediator. Mediators are trained individuals who will attempt to assist the parties to reach a mutually acceptable resolution of their dispute.

MeTC. Metropolitan Trial Court

MIMC. Monthly Inventory of Mediatable Cases

Mini-Trial. A mini-trial is flexible two-stage process in which a counsel presents a summary version of each case to business representatives of each side who then attempt to negotiate a settlement. A neutral third party may facilitate the information exchange. The neutral third party may also mediate during the settlement negotiations and may provide an advisory opinion on the potential court outcome.

MTC. Municipal Trial Court

MTCC. Municipal Trial Court in Cities

Negotiation. Negotiation is a process in which parties communicate directly or indirectly for the purpose of reaching an agreement. Approaches to negotiation include competitive, cooperative, and integrative. Negotiation may be based on power, rights, or interests. Negotiation may be conducted by parties themselves or by agents.

NJI. National Judicial Institute of Canada

OCA. Office of the Court Administrator

OCC. Office of the Clerk of Court

OIC. Officer-in-Charge

PHILJA. Philippine Judicial Academy

PJ. Presiding Justice/Judge

PMC. Philippine Mediaton Center

PMFI. Philippine Mediation Foundation, Inc.

Pre-Trial Conference. Pre-Trial Conference, a conference held after the pleadings have been filed and before the trial begins, for the purpose of bringing the parties together to outline discovery proceedings and define the issues to be tried. Courts often use the pre-trial conference as an opportunity to encourage settlement.

RTC. Regional Trial Court

SC. Supreme Court

SC-PIO. Supreme Court Public Information Office

SC-PMO. Supreme Court Program Management Office

Court-annexed mediation The Philippine Congress has shown interest in Court-Annexed Mediation as an alternative mode of dispute resolution. The previous report of its research service on the matter cited the following:1. Sec. 5, par. 5, Art. VIII, 1987 Constitution: Sec.5. The Supreme Court shall have the following powers: x x x x (5) promulgate rules concerning the protection and enforcement of constitutional rights, x x x. Such rules shall provide a simplified and expensive procedure for the speedy disposition of cases, x x x.2. Sec. 2 (a), Rule 18 of the 1997 Rules of Civil Procedure: 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 resolution; x x x.3. Supreme Court Resolution, A. M. No. 02-2-17SC, April 16, 2002, pilot-testing the efficacy of mediation for settling cases pending in the Court of Appeals as requested by the Philippine Judicial Academy (PHILJA).4. Supreme Court Resolution, A.M. No. 01-10-5-SC-PHILJA, October 16,2001 designating PHILJA as a component unit of the Supreme Court for court-referred, court-related mediation cases, and other forms of Alternative Dispute Resolution Mechanisms; and adopting the Revised Guidelines for the Implementation of Mediation Proceedings, the Standards and Procedures for Accreditation of Mediators for Court Referred, the Court Related Mediation Cases, and the Code of Ethical Standards for Mediators.5. Supreme Court Resolution, A.M. No. 99-01-SC-PHILJA, October 19,1999 pilot testing the efficacy of Mandatory Mediation/Conciliation in the pilot areas of Mandaluyong City and Valenzuela City.6. Mediation is a process of resolving disputes with the aid of a neutral person who help parties identify issues and develop proposals to resolve their disputes. Unlike arbitration, the mediator is not empowered to decide disputes. 7. Conciliation is the process of referring a dispute to a commission of persons who are empowered to examine the facts and to submit a report containing recommendations for the settlement of the dispute: their recommendations or proposals, however, do not have the bending effect of an award or judgment, as is the case in arbitration. 8. Arbitration is the submission of a disputed matter for decision to private, unofficial persons, selected in a manner provided by law or agreement. There are two kinds, compulsory or voluntary. Compulsory exists where the consent of one of the parties is enforceable by statutory enactment (Labor Code) either in a Court of law or before a justice of peace. Voluntary where it is affected by mutual agreement of the parties by means of a rule of court or otherwise. 9. In court-annexed mediation, the parties to a pending case are directed by the court to submit their dispute to a neutral third party (the Mediator), who works with them to reach a settlement of their controversy. The Mediator acts as a facilitator for the parties to arrive at a mutually acceptable arrangement, which will be the basis for the court to render a judgment based on a compromise.10. The trial court, after determining the possibility of an amicable settlement or of a submission to alternative modes of dispute resolution, shall issue an Order referring the case to the Philippine Mediation Center (PMC) unit for mediation and directing the parties to proceed immediately to the PMC unit. The Order shall be personally given to the parties during the re-trial. Copy of the Order together with the copy of the complaint and answers, shall be furnished the PMC Unit within the same date.11. The supervisor of the PMC Unit shall assist the parties select a mutually acceptable mediator from a list of duly accredited mediators and inform the parties about fees, if any, and the mode of payment. If the parties cannot agree on a mediator, then the supervisor shall assign the mediator. The trial court shall immediately be notified of the name of the mediator, and shall thereafter confirm the selection or appointment of the mediator.12. Mediation is a purely voluntary process. The parties or party in mediation can call it off at any time when it does not seem to be working and go back to the court and pursue litigation. In noncompliance to agreements the party affected can immediately apply for execution of the judgment or order to the trial court that approved the compromise agreement.13. At the Court of Appeals level, upon promulgation of judgment based on a compromise agreement, the CA Division Clerk of Court shall forthwith issue an entry of judgment and remand the records of the case to the court of origin for execution of judgment.14. The mediation fee shall be a certain percentage of the filling fee, to be paid separately from the filling fee, and in accordance with the Level of Mediators and the schedules presented below, generally equivalent to 20% of filling fee Before the start of the mediation, 50% of the mediation fee shall be paid to the clerk of court. Upon settlement of the case, the balance of the mediation fee shall also be paid to the clerk of court. If no compromise is reached, the down payment is forfeited. Under Rule 141 of the 1997 Rules of Civil Procedure, an advance mediation fee of P1,000.00 is immediately paid simultaneously with the payment of the docket and filing fees and, in case of appeals, upon payment of the appeal fee.15. The Philippine Judicial Academy (PHILJA) was created by the Supreme Court under Administrative Order No. 35-96 on March 16, 1996 and Republic Act No. 8557 (February 26, 1998).16. In accordance with the guidelines set forth in Supreme Court en banc Resolution in Adm. Matter No. O1-10-5-SC-PHILJA, dated October 16, 2001, PHILJA was designated as the component unit for court-referred, court-related mediation cases, and other forms of Alternative Dispute Resolution; shall direct and manage the Philippine Mediation Center (PMC), initiating for this purpose the technical and management assistance of appropriate and qualified organizations or individuals, on such terms as may be stipulated in a Memorandum of Agreement between PHILJA, through its Chancellor, and such other organizations or individuals, subject to ratification by the PHILJA Board of Trustees; shall supervise and have operational control over PMC units and Mediation Chapters with respect to court-referred, court-related mediation cases through its Mediation Division, in coordination with the Office of the Court Administrator (OCA); shall determine, with the previous approval of the Supreme Court, when to conduct annual and or semi-annual settlements week or weeks, without prejudice to year-round mediation; was directed to study and recommend the use of other forms of court diversion or other modes of alternative dispute resolution, and upon its approval, to implement the same in accordance with such rules as may be promulgated by the Supreme Court.17. The Supreme Court en banc Resolution in Adm Matter No 01-10-5-SCPHILJA, dated October 16, 2001 approved and issued the second revised guidelines on mediation. The following cases are referable to mediation: a) All civil cases, settlement of estates, and cases covered by the Rule on Summary Procedure, except those which by law may not be compromised; b) Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law; c) The civil aspect of BP 22 cases; and d) The civil aspect of quasi offenses under Title 14 of the Revised Penal Code. (Note: At present, estafa and theft cases are now mediatable. Other civil and criminal cases, upon agreement of the parties, may also be referred to the PMC).18. The trial court, after determining the possibility of an amicable settlement or of a submission to alternative modes of dispute resolution, shall issue an Order referring the case to the Philippine Mediation Center (PMC) Unit for mediation and directing the parties to proceed immediately to the PMC Unit. The Order shall be personally given to the parties during the pre-trial. Copy of the Order together with a copy of the Complaint and Answer/s, shall be furnished the PMC Unit within the same date.19. Lawyers may attend the mediation proceedings and shall cooperate with the Mediator towards the amicable settlement of the dispute. 20. Basic notes on the Mediation Proceedings:a) The Mediator shall be considered as an officer of the court.b) A conference before the Mediator shall first be held with both parties present. The mediator shall explain the mediation proceedings stressing the benefits of an early settlement of the dispute and shall attempt immediate settlement. If no settlement is reached at this conference, the Mediator may, with the consent of both parties, hold separate caucuses with each party to enable the Mediator to determine their respective real interests in the dispute. Thereafter, another joint conference may be held to consider various options proposed by the parties to the Mediator to resolve the disputes.c) The Mediator shall not record the proceedings in any manner, but he may take down personal notes to guide him.d) The Mediator shall submit to the trial court, which referred the case to mediation, a status report on the progress of the proceedings at the end of the mediation period.e) The PMC shall not keep a file of mediation proceedings except the report of the Mediator. All other records or documents that have been submitted by the parties shall be returned to them.f) At the end of the thirty-day period allowed by the trial court, if no settlement has been reached, the case must be returned to the trial court for further proceedings, unless the parties agree to further continue the mediation, in which case a last extension of thirty (30) days may be granted by the trial court.The mediation proceedings and all incidents thereto shall be kept strictly confidential, unless otherwise specifically provided by law, and all admissions or statements made therein shall be inadmissible for any purpose in any proceeding.21. Basic ethical principles applicable to all mediators: a. A Mediator shall be candid, accurate, and fully responsible to the trial court concerning his qualifications, availability, and all other pertinent matters. A Mediator shall observe all administrative policies, applicable procedural rules, and statutes. A Mediator is responsible to the judiciary for the propriety of his activities and must observe judicial standards of fidelity and diligence.b. Impartiality. The Mediator shall maintain impartiality toward all parties. Impartiality means freedom from favoritism or bias either by appearance, word or by action, and a commitment to serve all parties as opposed to a single party. No time may a Mediator meet with any of the parties to discuss a case referred.c. Competence. - A mediator shall maintain professional competence in mediation skills, including but not limited to: staying informed of and abiding by all statutes, rules, and administrative orders relevant to the practice of mediation; and regularly engaging in educational activities promoting professional growth.d. Conflict of Interest. The Mediator shall refrain from participating in the mediation of any dispute if he/she perceives that participation, as a Mediator will be a clear conflict of interest.e. Avoidance of Delays. A Mediator shall plan a work schedule, refrain from accepting appointments when it becomes apparent that completion of the mediation assignments cannot be done in a timely and expeditious manner, and perform the mediation services in such a way as to avoid delays.f. Prohibition Against Solicitation or Advertising. A Mediator shall not use, the mediation process to solicit, encourage, or otherwise incur future professional services and financial gain from either or both parties.g. Prohibition Against Coercion. A Mediator shall not coerce or unfairly influence a party into a settlement agreement and shall not make substantive decisions for any party to a mediation process.h. Prohibition Against Misrepresentation. A Mediator shall not intentionally or knowingly misrepresent material facts or circumstances in the course of conducting a mediation. i. A Balanced Process. A Mediator shall promote a balanced process and shall encourage the parties to conduct the mediation deliberations in a non-adversarial manner.j. Mutual Respect. A Mediator shall promote mutual respect among the parties throughout the mediation process.k. Personal Opinion. While a Mediator may point out possible outcomes of the case, under no circumstance may a Mediator offer a personal or professional opinion as to how the trial court, where the case has been filed, will resolve the dispute.l. Disclosure of Fees. Except for his/her authorized fees, the Mediator in Court-Referred Mediation shall not accept any commission, gift or other similar forms or remuneration from parties or their representatives.m. Confidentiality. The Mediator shall treat information revealed in mediation in strict confidentiality, except for the following: (1) Information that is statutorily mandated to be reported; (2) Information that, in the judgment of the Mediator reveals a danger of serious physical harm either to a third person or to himself/herself. n. Role of Mediator in Settlement. The Mediator has the responsibility to see to it that the parties consider and understand the terms of the settlement.o. The Mediator shall respect the relationship between mediation and other professional disciplines including law, medicine, science, accounting, mental health and social services and shall promote harmony and cooperation between Mediators and other professionals. p. Pro Bono Service. A Mediator has a professional responsibility to provide competent service to persons seeking assistance including those unable to pay for such services. As a means of meeting the needs of the financially disadvantaged, a Mediator should provide mediation services pro bono or at a reduced rate of compensation.22. The Supreme Court in its resolution, A.M. No. 02-2-17-SC, dated April 16, 2002, approved and allowed the pilot testing of mediation proceedings in the Court of Appeals, as requested by the Philippine Judicial Academy (PHILJA). Coverage: 1) Civil cases brought on ordinary appeal with:i. Both appeal briefs filed; orii. Only the appellants brief filed; oriii. With no appeal briefs filed but with memorandaException:i. Criminal casesii. Habeas corpus petitionsiii. Cases with pending application for restraining orders/Preliminary injunctions, unless both parties consent to Mediationiv. Civil cases brought on ordinary appeal without theappellants brief or memoranda2) Labor cases;3) Special civil actions; and4) Other cases, e.g., high impact economic cases.23. The Supreme Court in en banc Resolution A.M. No. 99-01-SC-PHILJA Re: Recommendation No. C-12, proposing, To Pilot Test the Efficacy of Mandatory Mediation/Conciliation, (Annex C) dated October 19, 1999, approved and issued the amended guidelines for the implementation of mediation/conciliation proceedings in the pilot areas of Mandaluyong City and Valenzuela City. Coverage:a) Civil cases involving members of the same family within the sixth civil degree of consanguinity or affinity, except those which by law cannot be the subject of compromise, and civil disputes between residents of the same municipality or city cognizable by the Lupon Tagapamayapa in accordance with Section 408, LGC (1991);b) Collection cases based on creditor and debtor relationships;c) Claims for civil damages; andd) Disputes arising out of lessor-lessee tenant relationship.Expanded coverage of mediation and judicial dispute resolution The Supreme Court has issued AM. No, 11-1-6-SC-PHILJA, January 11, 2011, entitled CONSOLIDATED AND REVISED GUIDELINES TO IMPLEMENT THE EXPANDED COVERAGE OF COURTANNEXED MEDIATION (CAM) AND JUDICIAL DISPUTE RESOLUTION (JDR). I wish to summarize its salient points for the information of my readers.

The subject matters of the new guidelines are the CourtAnnexed Mediation (CAM) and Judicial Dispute Resolution (JDR).

The purposes of CAM and JDR is to put an end to pending litigation through compromise agreement of the parties and thereby help solve the ever-pressing problem of court docket congestion. It is also intended to empower the parties to resolve their own disputes and give practical effect to the State Policy expressly stated in the ADR Act of 2004 (R.A. No. 9285), to wit: to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangement to resolve disputes. Towards this end, the State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets.

Court diversion is a three-stage process. The first stage is the CAM where the judge refers the parties to the Philippine Mediation Center (PMC) for the mediation of their dispute by trained and accredited mediators. Upon failing to secure a settlement of the dispute during the first stage, a second attempt is made at the JDR stage, where the JDR judge 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. The third stage is during the appeal where covered cases are referred to the PMC-Appeals Court Mediation (ACM) unit for mediation.

Both the Katarungang Pambarangay Law and CAM aim to restore the role of the judiciary as the forum of last recourse to be resorted to only after all prior earnest efforts to arrive at private accommodation and resolution of disputes have failed.

The Court noted that Article 2034 of the Civil Code provides that: There may be a compromise upon the civil liability arising from the offense, but such compromise shall not extinguish the public action for the imposition of the legal penalty. The provision does not restrict the crime mentioned to the gravity of the imposable penalty as a condition for allowing a compromise agreement to be reached on the civil liability arising from the crime. The allowed compromise of civil liability applies to all crimes, subject only to the policy considerations of deterrence variables arising from the celerity, certainty and severity of punishment actually imposed.

It noted that civil cases constitute 16% of all cases filed in court while special proceedings constitute 7.6%. The rest is made up of criminal cases.

Henceforth, under the expanded coverage, the following cases shall be referred to CAM and be the subject of JDR proceedings:

(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

(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;

(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;

(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;

(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.

The following cases shall not be referred to CAM and JDR:

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); and

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.

After the last pleading has been filed, the judge shall issue an order requiring the parties to forthwith appear before the concerned Philippine Mediation Center (PMC) Unit staff to start the process for the settlement of their dispute through mediation. On the same date, the court shall give to the PMC a copy of the Order formediation.

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.

The Order issued shall include a clear warning that sanctions may be imposed upon a party for failure to comply therewith, in accordance with the Section below on sanctions.

On the date set in the Order, the parties shall proceed to select a mutually acceptable mediator from among the list of accredited mediators. If no agreement is reached, the PMC Unit Staff shall, in the presence of the parties and the Mediators, choose by lot the one who will mediate the dispute from among the Mediators inside the Unit, ensuring a fair and equal distribution of cases: Provided, however, that in exceptional circumstances where special qualifications are required of the mediator, the parties shall be given an opportunity to select from the entire list of accredited mediators.

The Mediator shall be considered an officer of the court while performing his duties as such or in connection therewith.

At the initial conference, the 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.

With the consent of both parties, the Mediator may hold separate caucuses with each party to determine their respective real interests in the dispute. Thereafter, another joint conference may be held to consider various options that may resolve the dispute through reciprocal concessions and on terms that are mutually beneficial to both the parties.

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.

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 attorneys 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.

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.

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 as stated in the Order to appear. 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.

The period during which the case is undergoing mediation shall be excluded from the regular and mandatory periods for trial and rendition of judgment in ordinary cases and in cases under summary proceedings.

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 judgment upon compromise or other appropriate action.

Where compliance is forthwith made, 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.

If partial settlement is 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.

In relation to the unsettled part of the dispute, the court shall proceed to conduct JDR proceedings.

Unless otherwise directed by the Supreme Court, 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 inaccordance 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).

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, and

(2) pre-trial proper to trial and judgment.

The judge to whom the case has been originally raffled, who shall be called the JDR Judge, shall preside over the first stage. The judge, who shall be called the trial judge, shall preside over the second stage.

At the initial stage of the pre-trial conference, the JDR judge briefs the parties and counsels of the CAM and JDR processes. Thereafter, he issues an Order of Referral of the case to CAM and directs the parties and their counsels to proceed to the PMCU bringing with them a copy of the Order of Referral. The JDR judge shall include in said Order, or in another Order, the pre-setting of the case for JDR not earlier than forty-five (45) days from the time the parties first personally appear at the PMCU so that JDR will be conducted immediately if the parties do not settle at CAM.

All incidents or motions filed during the first stage shall be dealt with by the JDR judge. If JDR is not conducted because of the failure of the parties to appear, the JDR judge may impose the appropriate sanctions and shall continue with the proceedings of the case.

If the parties do not settle their dispute at CAM, the parties and their counsels shall appear at the preset date before the JDR judge, who will then 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.

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

In multiple sala court, if the case is not resolved during JDR, it shall be raffled to another branch for the pre trial proper up to judgment.

For cases with pending applications for restraining orders/preliminary injunctions, the judge to whom the case was raffled shall rule on the said applications. During 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. If the parties do not settle at JDR, the case will be returned to the branch that ruled on the applications for the pre-trial proper and up to judgment.

In single sala court, unless otherwise agreed, the 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 JDR proceedings shall be conducted at the station where the case was originally filed. 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.

Notwithstanding the foregoing, 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 and trial.

In Family Courts, 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. However, if there is another family court in the same area, the family court to whom the case was originally raffled shall conduct JDR proceedings and if no settlement is reached, the other family court shall conduct the pre-trial proper and trial.

Notwithstanding the foregoing, before commencement of the JDR proceedings, the parties may file a joint written motion requesting that the family court to which the case was originally raffled shall conduct the JDR proceedings and trial.

Despite the non-mediatable nature of the principal case, like annulment of marriage, other issues such as custody of children, support, visitation, property relations and guardianship, may be referred to CAM and JDR to limit the issues for trial.

In Commercial, Intellectual Property, and Environmental Courts, unless otherwise agreed upon as provided below, the JDR proceedings in areas where only one court is designated as commercial/intellectual property/environmental court, hereafter referred to as special court, shall be conducted by another judge through raffle and not by the judge of the special court. 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.

Notwithstanding the foregoing, before commencement of the JDR proceedings, the parties may file a joint written motion requesting that the special courts to which the case was originally raffled shall conduct the JDR proceedings and trial.

Cases may be referred to JDR even during the trial stage 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. If settlement is not reached at JDR, the case shall be returned to the referring court for continuation of trial.

In single sala courts, the JDR shall be conducted by the nearest court (or pair court, if any) regardless of the level of the latter court. 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.

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.

A party who fails to appear on the date set for JDR conference, may forthwith be imposed the appropriate sanction as 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 attorneys 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.

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.

To complete the JDR process, 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.

The period during which the case undergoing JDR proceedings shall be excluded from the regular and mandatory periods for trial and rendition of judgment in ordinary cases and in cases under summary proceedings.

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 courts 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.

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 pretrial proper and trial.

Where no settlement or only a partial settlement was reached, and there being no joint written motion submitted by the parties, 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.

The trial judge to whom the case was turned over, shall expeditiously proceed to trial, after the pre-trial and, thereafter, render judgment in accordance with the established facts, evidence, and the applicable laws.

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.

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.

The Mediation Fees collected and collectible, pursuant to Section 9, Rule 141, as amended, of the Rules of Court, and all income therefrom shall constitute a special fund, to be known as the SC-PHILJA-PMC Mediation Trust Fund, which shall be administered and disbursed in accordance with guidelines set by court issuances, for purposes enumerated in Section 9, Rule 141 of the Revised Rules of Court.

The Clerks of Court of the Regional Trial Courts and the First-Level Courts shall collect the amount of FIVE HUNDRED PESOS (P500.00) upon the filing of the following:

(1) Complaint or an Answer with a mediatable permissive counterclaim or cross-claim, complaint-in-intervention, third-party complaint, fourth-party complaint, etc., in civil cases, a Petition, an Opposition, and a Creditors Claim in Special Proceedings;

(2) Complaint/Information for offenses with maximum imposable penalty of prision correccional in its maximum period or six years imprisonment, except where the civil liability is reserved or is subject of a separate action;

(3) Complaint/Information for estafa, theft, and libel cases, except where the civilliability is reserved or is subject of a separate action;

(4) Complaint/Information for Quasi-Offenses under Title 14 of the Revised Penal Code;

(5) Intellectual Property cases;

(6) Commercial or corporate cases; and

(7) Environmental cases

The Clerks of Court of the First Level Courts shall collect the amount of FIVE HUNDRED PESOS (P500.00) upon the filing of a Notice of Appeal with the Regional Trial Court.

The Clerks of Court of the Regional Trial Court shall collect the amount of ONE THOUSAND PESOS (P1,000.00) upon the filing of a Notice of Appeal with the Court of Appeals or the Sandiganbayan.

The Clerks of Court of the Court of Appeals and Court of Tax Appeals shall collect the amount of ONE THOUSAND PESOS (P1,000.00) upon the filing of a mediatable case, petition, special civil action, a comment/answer to the petition or action, and the appellees brief. The Clerk of Court of the Court of Tax Appeals shall also collect the amount of ONE THOUSAND PESOS (P1,000.00) for the appeal from the decision of a CTA Division to the CTA En Banc.

A pauper litigant shall be exempt from contributing to the Mediation Fund. Despitesuch exemption, the court shall provide that the unpaid contribution to the Mediation Fund shall be considered a lien on any monetary award in a judgment favorable to the pauper litigant.

An accused-appellant shall also be exempt from contributing to the Mediation Fund.

The Fund shall be utilized for the promotion of courtannexed mediation and other relevant modes of alternative dispute resolution (ADR), training of mediators, payment of mediators fees, and operating expenses for technical assistance and organizations/individuals, transportation/communication expenses, photocopying, supplies and equipment, expense allowance, and miscellaneous expenses, whenever necessary, subject to auditing rules and regulations. In view thereof, the mediation fees shall not form part of the Judicial Development Fund (JDF) under P.D. No. 1949 nor of the special allowances granted to justices and judges under Republic Act No. 9227.

Judicial dispute resolution (JDR) In En Banc A.M. No. 04-1-12-SC-PhilJA, August 29, 2006, Re: PhiLJA Resolution No. 06-22, re: Revised Guidelines for the Implementation of an Enhanced Pre-Trial Proceeding under the JURIS Project, as Amended, the Philippine Supreme Court adopted the rules of the new judicial dispute resolution (JDR) system of the Philippines (described as an enhanced pre-trial proceeding) under its on-going JURIS Project. The Court has piloted the new concept in selected trial courts in the Philippines which are called JURIS model courts.As an explanatory note, the Court noted that despite the priority given by Rule 18 of the Rules of Court (pre-trial), as amended, for the amicable settlement of cases, most trial judges go through the function of exploring settlement perfunctorily for various reasons, including fear of being disqualified if he goes into the process more intensively. In general, the concept is that mediatable cases are referred to Court-Annex Mediation (CAM) for mediation under accredited mediators in the Philippine Mediation Center (PMC) and subsequently referred to Judicial Dispute Resolution (JDR) for further mediation by the judges if it is not resolved under CAM. If the case is still not settled in JDR, the case is transferred to the pairing court to proceed with trial. The judge conducting the JDR is called the JDR judge instead of pre-trial judge because under the revised guidelines, pre-trial proper is resumed after JDR, but this time, to be conducted by the trial judge instead of the judge who conducted JDR. A case may be referred to JDR even after conclusion of the pre-trial and during the trial itself. The JDR judge may preside over the trial proceedings upon joint request of both parties.A limited period is imposed for settlement of JDR cases, i.e., thirty (30) days for first level courts and sixty (60) days for regional trial courts. These periods may be extended upon the discretion of the JDR judge. Where settlement on the civil aspect has be