GUZMANA, JIMMMARIE C.

ALTERNATIVE DISPUTE RESOLUTION

ARTICLES 14 AND 15 OF THE

SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE
RESOLUTION
A.M. No. 07-11-08-SC
September 1, 2009

RULE 14: GENERAL PROVISIONS

Rule 14.1. Application of the rules on arbitration. - Whenever applicable and appropriate,
the pertinent rules on arbitration shall be applied in proceedings before the court relative to
a dispute subject to mediation.

RULE 15: DEPOSIT AND ENFORCEMENT OF MEDIATED SETTLEMENT AGREEMENTS

Rule 15.1. Who makes a deposit. - Any party to a mediation that is not court-annexed may
deposit with the court the written settlement agreement, which resulted from that
mediation.

Rule 15.2. When deposit is made. - At any time after an agreement is reached, the written
settlement agreement may be deposited.

Rule 15.3. Venue. - The written settlement agreement may be jointly deposited by the
parties or deposited by one party with prior notice to the other party/ies with the Clerk of
Court of the Regional Trial Court (a) where the principal place of business in the Philippines
of any of the parties is located; (b) if any of the parties is an individual, where any of those
individuals resides; or (c) in the National Capital Judicial Region.

Rule 15.4. Registry Book. - The Clerk of Court of each Regional Trial Court shall keep a
Registry Book that shall chronologically list or enroll all the mediated settlement
agreements/settlement awards that are deposited with the court as well as the names and
address of the parties thereto and the date of enrollment and shall issue a Certificate of
Deposit to the party that made the deposit.

Rule 15.5. Enforcement of mediated settlement agreement. - Any of the parties to a

mediated settlement agreement, which was deposited with the Clerk of Court of the
Regional Trial Court, may, upon breach thereof, file a verified petition with the same court
to enforce said agreement.
Rule 15.6. Contents of petition. - The verified petition shall:

a. Name and designate, as petitioner or respondent, all parties to the mediated

settlement agreement and those who may be affected by it;
b. State the following:
(i). The addresses of the petitioner and respondents; and
(ii). The ultimate facts that would show that the adverse party has defaulted
to perform its obligation under said agreement; and
c. Have attached to it the following:
(i). An authentic copy of the mediated settlement agreement; and
(ii). Certificate of Deposit showing that the mediated settlement agreement
was deposited with the Clerk of Court.

Rule 15.7. Opposition. - The adverse party may file an opposition, within fifteen (15) days
from receipt of notice or service of the petition, by submitting written proof of compliance
with the mediated settlement agreement or such other affirmative or negative defenses it
may have.

Rule 15.8. Court action. - After a summary hearing, if the court finds that the agreement is
a valid mediated settlement agreement, that there is no merit in any of the affirmative or
negative defenses raised, and the respondent has breached that agreement, in whole or in
part, the court shall order the enforcement thereof; otherwise, it shall dismiss the petition.