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Conciliation
• Conciliator clarifies issues and draws up the agreement
Mediation
• Voluntary process where a mediator facilitates the process
Arbitration
• Arbitrators resolve the dispute by rendering an award
Mini-trial
• Case is argued before senior decision makers who facilitates
negotiated settlement
What is
Mediation?
A process whereby an impartial
third person, a mediator,
facilitates communication and
negotiation between parties for
the purpose of assisting them
reach a voluntary agreement
Court- Judicial
Annexed Dispute
Mediation Resolution
3 Stage Process of Mediation
ACM
CAM
JDR
an effort to
secure
settlement
Cases Cases
covered by Settlement of covered by
Summary Estate cases Katarungang
Procedure Pambarangay
Cases involving
title/possession of Habeas Corpus
real property on cases decided by 1st
appeal from 1st level level courts
courts
Cases Not Covered by CAM/JDR
Cases
Can’t be Other With
Habeas under
compro- criminal TRO/P.
mised Corpus RA
Cases Inj
9262
When will
CAM start?
Representatives with
Specify date of SPA to appear,
appearance negotiate & enter into
compromise
agreement
Warn parties of
sanctions which Ranking corporate
maybe imposed for officer to offer,
non-appearance negotiate, accept,
decide & enter into
compromise
Selection of Mediator
If no If special
agreement, qualification
PMC staff s are
Parties to
to choose required,
select a
by lot the parties to
mutually
mediator in choose
acceptable
the from the
mediator
presence of entire list of
parties & accredited
mediators mediators
• Explain the Mediation
• Thank
mediation parties
process
• Parties’ • Summary of
• Benefits of Agreements
settlement Statement
• Identification • Crafting/Sign
• Confidentiality ing of
• Check on of Issues
Agreement
Authority of • Interest vs.
Parties Position
• Alternatives
(BATNA/WA
Opening TNA)
Closing
Statement
Summarize
Caucus parties’ Reframe
statement
No Recommend
Don’t Advise
record/notes sanctions
30 days to complete
mediation process reckoned
from the date when parties
first appear for initial
conference
Period of mediation is
excluded from the periods for
trial & rendition of judgment
When • After parties
does fail to settle
JDR their disputes
start? during CAM
JDR • Handles proceedings from
filing of complaint until the
judge conduct of CAM/JDR
Information w/ penalty of 6
years max w/o reservation
Information for Estafa, Theft &
Libel w/o reservation
Information for quasi-offenses
Intellectual Property cases
Commercial/Corporate Cases
Environmental Cases
P
A B
Thank You