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ALTERNATIVE DISPUTE RESOLUTION

Chapter 2-3
Chapter II
MEDIA
SEC. 7. Scope. - The provisions of this Chapter shall cover voluntary mediation, whether ad hoc or institutional, other than court-annexed.
The term "mediation' shall include conciliation.
Scope of Chapter 2, (RA No. 9285)
The provisions of chapter 2 of Republic Act No 9285, shall cover voluntary mediation, whether ad hoc or institutional, other than Court
annexed. The term mediation shall include conciliation. Mediation is voluntary if mutually agreed by the parties.
Mediation means a voluntary process in which a mediator selected by the disputing parties, facilitates communication and negotiation,
and assist the parties in reaching voluntary agreement regarding a dispute.
Mediator
- a person who conducts mediation.
Mediation-Arbitration
-> is a two-step rule dispute resolution process involving both mediation and arbitration.
SEC. 8. Application and Interpretation
In applying construing the provisions of this Chapter, consideration must be given to the need to promote candor or parties and mediators
through confidentiality of the mediation process, the policy of fostering prompt, economical, and amicable resolution of disputes in accordance with the
principles of integrity of determination by the parties, and the policy that the decision-making authority in the mediation process rests with the parties.
Consideration in applying and construing mediation provisions.
In applying and construing mediation provisions, considerations must be given:
To the need to promote candor of the parties and mediators through confidentiality of the mediation process;
The policy of fostering prompt, economical, and amicable resolutions of disputes in accordance with the principles of integrity of determination by the
parties; and
The policy that the decision-making authority in the mediation process rest with the parties.

Confidentiality means secrecy, the state of having the dissemination of certain information restricted.
Privilege communication is a doctrine that made in the course of judicial proceedings , including all kinds of pleadings, petitions and motions belong to
the class of communications that are absolutely privileged, if the same are relevant, pertinent, or material to the cause at hand or subject of inquiry.
- it is a communication which in the context of legal or other recognized professional confidentiality.
Waiver - means the voluntary relinquishment or abandonment, express, or implied of a right.
In section 10 or Republic Act No. 9285, a privilege arising from the confidentiality of information may be waived in record, or orally
during the proceeding by the mediator and the mediation parties.
However, a privilege arising from the confidentiality of information can be waived by a non participant if the information is
provided by the non-participant party.

Instances when there is no privilege against disclosure.


Sec. 11 (a) of RA No. 9285 enumerates the instances when there is no privilege against disclosure. In those instances, the privilege can be used as shield
against the law itself which is against policy. A law cannot be used against the law. Section 11(a) enumerates the instances when allowing disclosure
outweighs the reasons for existence of the privilege.

Mediators disclosure and conflict of Interest


At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose his/her qualifications to mediate a dispute. But
before accepting a mediation, an individual who is requested to serve as a mediator shall:
(1) make an inquiry that is reasonable under the circumstances to determinate whether there are any known facts that a reasonable individual
would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and any existing
or past relationship with a party or foreseeable participant in the mediation; and
(2) disclosure to the mediation parties any such fact known or learned as soon as is practical before accepting a mediation.
The purpose of this provision is Transparency on the part of the mediator to convince the parties that he has no personal agenda to pursue
in the course of the mediation.
SEC. 14. Participation in Mediation.
- Except as otherwise provided in this Act, a party may designate a lawyer or any other person to provide assistance in the mediation. A lawyer
of this right shall be made in writing by the party waiving it. A waiver of participation or legal representation may be rescinded at any time.

Model law on Mediation


The Model law on mediation means the model law on International Commercial Arbitration adopted by the United nations Commission on
International Trade Law on June 21 1983 Agreements are agreements between nations such as treaties, conventions and protocols.
Effect of submission to mediation by institution
An agreement to submit a dispute to Mediation by an institution shall include an agreement to be bound by the internal mediation and the administrative
policies of such institution including the rules thereof.
In case of conflict between the institutional mediation rules and Republic Act No. 9285, the latter shall prevail.
Deposit of mediated settlement agreement
If the parties so desire, they may deposit the mediated settlement agreement with the appropriate Clerk of regional Trial Court of the place where one
parties resides. Where there is need to enforce the settlement agreement, a petition may be filed by any parties with the same court, in which case, the court
shall proceed summarily to hear the Petition, in accordance with such rules of procedure as may be promulgated by the supreme Court.
Enforcement if mediator is sole arbitrator.
The parties may agree in the settlement agreement that the mediator shall become a sole arbitrator for the dispute and treat the mediation agreement as an
arbitral award which shall be subject to enforcement under Republic Act No. 876, otherwise known as the Arbitration Law, notwithstanding the
provisions of Executive Order No. 1000 for mediated disputes outside of the CIAC.
Chapter IIIOther ADR Forms
Other forms of ADR defined
There are other forms of ADR, namely:
the evaluation of a third person;
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.
Mediation-Arbitration 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 labor-relation area. the reverse (Arb/med) is also used
in some circumstances.
or a combination thereof.
Mediation
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?
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.
Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law such as disputes between neighbors of the same barangay over
property.
The civil aspect of Batas Pambansa 22, which covers the debts paid through bouncing checks.
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?
annulment of marriage.

-> Cases which cannot be compromised are not included, like legal separation or

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 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:

-> Complaint
-> Answer with a mediatable counterclaim
IN CRIMINAL CASES:
-> Complaint/information for an offense falling under the Katarungang

Pambarangay Law

-> Complaint/information for violation of Batas Pambansa 22, estafa

and libel where damages are sought

-> 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.
I WANT TO BECOME A MEDIATOR HOW?
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
to the

of good moral character from two persons not related

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.
PROCEDURE FOR MEDIATION
PROCEDURE FOR MEDIATION
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 communication. You will have 30 days for the
proceedings, extendible to another 30 days.
As a litigant, how do I prepare for mediation?
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 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.
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.

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.
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:
Civil cases brought on ordinary appeal or petition for review.
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.

Special civil actions for certiorari, except those involving pure questions of law.
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.
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?
Civil cases, which by law cannot be compromised.

Criminal cases except those under No. 4 above (habeas corpus of minors not detained for a criminal offense).
Habeas corpus petitions involving custody of minors when the subject is detained for commission of a criminal offense.
Cases with pending application for restraining orders/preliminary injunctions, unless both parties request for mediation
Who 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.
Conducts mediation proceedings and calls caucuses (private meetings with each party) whenever necessary.
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
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.
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.
Prepares the written terms of the compromise agreement that disposes of the dispute in whole or in part.
May terminate mediation at any time if parties are not interested to settle.
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.
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.
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
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.
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.
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
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.

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
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.
The parties choose a mediator and the date and time of the initial mediation conference.
The Court then furnishes the following documents to the PMC-CA:
a. Appellants brief and any memorandum or record on appeal
Decisions or Orders of the court/tribunal being appealed or subject to certiorari

b.

PHASE 4: MEDIATION PROCEEDINGS


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.
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.
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
If the parties agree to a full or partial compromise, the mediator drafts written terms with the concurrence of the parties/counsel.
The parties/counsel and mediator sign the compromise agreement which is transmitted to the Court.
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.
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.
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.