Court-Annexed Mediation (CAM)

Court-Annexed Mediation means any mediation process conducted under the auspices
of the court, after such court has acquired jurisdiction of the disputes.

Court-Annexed Mediation, as practiced in the Philippines, is an enhanced pre-trial

procedure that involves settling media table case filed in court with the assistance of a mediator
who has been accredited by the Philippine Supreme Court. The mediator assists party litigants
to identify issues and develop proposals to resolve their disputes. Since
the installation of the JURIS Project in 2003, the process has come to include the Judicial
Dispute Resolution (JDR). Mediation has also moved upward from the trial court level to the
Appeals Court level.

COURT ANNEXED MEDIATION, we refer to a case already filed in court and the court
has already acquired jurisdiction over the parties as well as the subject matter and the
issues.

COURT DIVERSION
So when we say court annexed mediation (CAM) as well as JDR, It refers to
COURT DIVERSION because:
1. it is intended to put an end to a pending litigation though a compromise agreement -
In both CAM and JDR, usually, the parties will compromise the agreement.
2. Under RA 9285, it is intended to empower the parties to resolve their own disputes.

3 STAGES OF COURT DIVERSION

1. During CAM (Court Annexed Mediation), the first stage of court diversion, the judge
refers the parties to the Philippine Mediation Center (PMC) for the mediation of their
dispute by trained and accredited mediators.
2. If CAM fails, the second stage, called the JDR (Judicial dispute resolution), is
undertaken by the JDR judge, acting as a mediator-conciliator-early It is the mediation
but the JDR is conducted by the judge. It is conducted by the JDR Judgeits role is
that the neutral evaluator JDR Judge becomes the mediator, conciliator and early
neutral evaluator in order to secure a settlement.
3. The third stage is during appeal, where covered cases are referred to ACM
(Appellate court mediation)

WHAT CASES ARE UNDER THE MANDATORY COVERAGE OF CAM AND JDR?

(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; (They are subject
to CAM coz the penalties imposed are geared towards the rehabilitation or correction of
the offender. BUT how about grave felonies? Why are they not subject to JDR? The
penalties imposed there are capital penalties for the purpose of PUNISHMENT!)
(6) The civil aspect of estafa, theft and libel; How about qualified theft? Why is it not
included? Coz there is an involvement of trust.
(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; 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;

Role of lawyers in CAM and JDR proceedings Lawyers may attend mediation or JDR
proceedings, but only act as advisers or consultants. They should give up their
dominant role in judicial trials. Accept a less directive role in order to allow parties more
opportunities to craft their won agreement Lawyers responsibilities in CAM and JDR
1. Help clients comprehend the mediation process and its benefits to allow them to
assume greater personal responsibility in making decisions for the success of the
mediation or jdr in resolving the dispute.
2. Discuss with the client the following:
a. Substantive issues involve in the dispute
b. Prioritization of resolution in terms of importance to client
c. Understanding the position of the other side and the underlying fears, concerns and
needs underneath that position.
d. Need for more information or facts to be gathered or exchanged with the other side
for information decision making
e. Possible bargaining options but stressing the need to be open-minded about other
possibilities.
f. The best (BATNA), worst (WATNA) & most (MLATNA) 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 they 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.