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MATERIALS ON MEDIATION AS A
SPEEDY AND INEXPENSIVE ALTERNATIVE PROCEDURE
FOR SETTLING DISPUTES
Sec. 5, provides:
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1.3 Supreme Court Resolution, A. M. No. 02-2-17SC, April 16, 2002
(ANNEX "A")
2. DEFINITION OF TERMS1
2.1 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.2
2.3 Negotiation. Intercourse between two or more states conducted for the
purpose of affecting an understanding between them; or the conduct of
discussions between the parties to a dispute designed to produce a
settlement of the dispute (p. 607).
1
Sibal, Jose A., Philippine Legal Encyclopedia, pp. 54, 154, 569, 607.
2
Information Division, Philippine Mediation Center, PHILJA, Supreme Court (2002)
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2.4 Conciliation. 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. (p. 154)
3. MEDIATION PROCESS3
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.
3
Information Division, Philippine Mediation Center, PHILJA, Supreme Court (2002).
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3.3 Calling Off of Mediation and Non Compliance to Compromise
Agreement
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.
The Philippine Judicial Academy was created by the Supreme Court under
Administrative Order No. 35-96 on March 16, 1996 and Republic Act No. 8557
entitled, An Act Establishing the Philippine Judicial Academy, Defining Its
Powers and Functions, Appropriating Funds Therefore, and for Other Purposes,
February 26, 1998.
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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:
4.2 Directs and manages 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. The technical assistance include:
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4.3 Supervises 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).
4.4 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.
4.5 Is 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.
5.1 Coverage
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.
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5.3 The PMC Unit
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 the 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/appointment of the
Mediator.
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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.
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7 STANDARDS AND PROCEDURES FOR ACCREDITATION OF
MEDIATORS FOR COURT REFERRED, COURT RELATED MEDIATION
CASES 4
1) Bachelors degree
2) At least 30 years of age
3) Good moral character
4) Willingness to learn new skills and render public service
5) Proficiency in oral and written communication in English and Pilipino
7.2 Requirements/Procedure
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Supreme Court en banc Resolution in Adm Matter No. 01-10-5-SC-PHILJA, October 16, 2001
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5) Upon satisfactory completion of all the requirements, the PMC or
the training organization shall prepare a report of the overall
performance of each trainee/applicant for submission to PHILJA.
6) On the basis of the report, PHILJA shall submit to the Court its
recommendation of Mediators for accreditation.
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Supreme Court en banc Resolution in Adm. Matter No. 01-10-5-SC-PHILJA, October 16, 2001
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2) Competence. - A mediator shall maintain professional competence in
mediation skills, including but not limited to:
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8) 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.
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9. MEDIATION OF CASES IN THE COURT OF APPEALS
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). The objectives
and rules to govern the mediation process are:
A month of the year, preferably May, shall be set aside for the
purpose of pilot-testing the efficacy of mediation for settling disputes in the
Court of Appeals, which shall be known a Settlement Month.
b. Coverage
2) Labor cases;
3) Special civil actions; and
4) Other cases, e.g., high impact economic cases.
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c. Selection of Cases and Resolution to Appear
1) Each Justice shall select one case for each category of the
covered cases in Section b above
d. Resolution to Mediate
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e. Schedule of Mediation
4) The Court, in its discretion, may grant the extension for a period
not exceeding thirty (30) days.
f. Party Participation
h. Confidentiality
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i. Qualifications of Mediators
2) Senior members of the bar and senior law professors who have
creative problem-solving skills and a strong interest in
mediation, after undergoing orientation/training, may be
accredited by the Supreme Court for this pilot testing.
j. Recruitment of Mediators
k. Training of Mediators
l. Disclosures
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4) If a Mediator has represented either party in any capacity, the
Mediator should disclose that representation.
m. Authority of Mediator
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9.3 Agency on Mediation of Cases
A. 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. Mediation Proceedings
a) Initial Conference
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even during trial, order mediation and appoint a mediator to
assist the parties reach settlement.
b) Mediation/Conciliation Process
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- A Certificate of Satisfaction shall be signed if the party
obliged by the mediated/conciliated settlement forthwith
fully complies with his undertaken to pay, deliver, perform,
vacate, do some other act, so that nothing more remains to
be done.
e) Confidentiality of Records
f) Compensation of Mediators/Conciliators
C. List of Mediators/Conciliators
The Court shall provide the Regional Trial Courts and Metropolitan
Trial Courts a list of Mediators/Conciliators consisting of persons who are
of known probity and impartiality, innovative, patient, understanding and
approachable and who have undergone proper and appropriate training on
mediation/conciliation.
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11. NEWS CLIPPINGS (Philippine Star, Business Section)
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