Codename: Lebron

Mediation Final Paper 2019

Santos Family vs. Ellen Adarna

Summary of the Dispute

This dispute involves Ellen Adarna, an up-and-coming actress, and the Santos Family.

Tensions arose in a particular ramen restaurant where Ellen accused Eleila Santos of being a

paparazzi. Eleila, in her defense, said that she was merely taking a video of her food to post a

story in her social media, a common trend in millennials nowadays. Adarna posted stories of

her own, with the image of the child somehow depicting that she was aiming her cellphone

camera at Adarna. Adarna took this as a sign that the child was taking a picture of her

(Adarna) and accused the child of being a paparazzi. In a series of stories posted by Adarna,

the actress said the following: ​“When you PAP us We PAP you. Its a tie #PAParazziMoves,”;

“Oo yan ha…you know the feeling…uncomfy noh? “1

Eleila took to Twitter to defend herself. Eleila said in a tweet, that she was just taking

a photo of her food, and did not even know who Adarna was, nor did she notice that Adarna

was even at the restaurant.2 In another tweet, Eleila showed the video that she allegedly took

of Adarna. Rather than focusing on the actress, Eleila’s video showed the ramen that she was

eating, her companion, and a quick glimpse of the entirety of the restaurant.3 The video did

not even focus on Adarna and the actress was barely recognizable unless one were to pause

the video and look closely. Adarna retorted and posted a second video where she said, ​“Girl,

1
Rappler, ​Ellen Adarna Insists Diner at Ramen Place is Paparazzi, available at
https://www.rappler.com/entertainment/news/201825-ellen-adarna-fan-paparazzi-video-ramen (last
accessed June 17, 2019).
2
​Id.
3
​Id.
you can deny all you want, but before your food arrived, you knew what you guys were

doing.”4

Eleila’s mother, Myra, posted an open letter on Facebook demanding a public apology

from Adarna. Myra said that the actress "posted a one sided narrative and insisted on

erroneous and unfounded accusations" against her daughter.5 The actress was given a 5-day

period to issue said public apology, but the actress failed to respond. A week after, the

Facebook post, Myra filed a complaint for cyber libel against Adarna.

This incident happened when Adarna, and her rumored partner, actor John Lloyd Cruz

were the talk of the town.6 The rumors were that the two actors are in a relationship and are in

fact expecting a baby soon. There are also reports that the two actors took a hiatus from their

acting careers because of them expecting their first child. Adarna, as of date, failed to attend

the preliminary investigation of the libel case. While no definitive reasons were given, it

appears that on the scheduled date of the preliminary investigation, Adarna was at her

hometown in Cebu for the wake of her father, Alan Adarna.7

Question 1​. How will you prepare for mediation if you are the lawyer for one of the

disputing parties in the case you selected?

I will assume the role of the lawyer of the Santos family.

4
​ he Manila Times, ​available at
Iza Iglesias, ​Ellen Adarna Mum About Libel Charges, T
https://www.manilatimes.net/ellen-adarna-mum-about-cyber-libel-charges/399189/ (last accessed
June 17, 2019).
5
Rappler, ​Ellen Adarna Skips Preliminary Prove for Child Abuse, Cyber Libel Case, available at
https://www.rappler.com/entertainment/news/204672-ellen-adarna-fails-to-attend-child-abuse-case-he
aring-john-lloyd-cruz-seen (last accessed June 17, 2019)/
6
​Supra n​ ote 1.
7
​Supra n​ ote 5.
 To start, I would have to study the case thoroughly and prepare. Being thoroughly

prepared will help me analyze the dispute better, offer better solutions, and show that I am a

professional and dedicated to the cause of my client. Also as part of the preparations prior to

the initial meeting, I would have to shed my traditional lawyer-like thinking. I am not hired to

undergo litigation -- to win the case by all means. We are in mediation, thus, I would have to

take on the role of a problem solver, rather than an adversary. As a lawyer in mediation, my

goal is to come up with an agreement that is beneficial to both my client and the other party.

The next step is to meet up with the clients. First impressions last. Thus, I need not

only be mentally prepared, I also have to look like it. I would schedule our initial meeting in

my office. This is done to give the impression of professionalism. I would also dress the part.

I would wear business attire, perhaps a barong or business casual clothing. I want to show

that I am a professional but I wouldn't want to wear clothing which depicts that I’m hell-bent

on traditional lawyering.

In our initial meeting, I would like to hear the client’s side of the story. I would

encourage them to tell me everything that they know with regard to the dispute, particularly

those information which are not available publicly. This ensures that I am properly equipped

to handle the case. I would also want to inquire on the client’s motivations in pursuing the

case. Does the client want only the public apology? Do they want monetary compensation?

Do they want Ellen Adarna imprisoned? This is important to determine if mediation is the

proper remedy for the parties or if litigation or other types of alternative dispute resolution is

more proper. This will also help me determine the client’s interests which will be helpful for

negotiating our positions. Lastly, during the initial client meeting, I would inquire on the

client’s expectations. Perhaps, they expect the theatrical type of dispute settlements they see

on television or the movies. Maybe they expect the dispute to be settled quickly or perhaps
they expect that it will drag on for a long time. Worse, they might expect that I would win

them the dispute in all cases. It is important to temper my client’s expectations, to make them

more realistic. This will help us handle the dispute as we move forward and would serve to

protect my client and myself.

After going through the above processes, I would proceed to gauge the merits of my

client’s case. It is now time to sift through all the information that my client gave me and

determine what information would be necessary for the settlement of the case. We have to

take into consideration factors such as emotions, public image, finances -- some of which are

not necessarily relevant in litigation-type disputes. After consideration of the necessary

settlement information, I would assess the strengths and weaknesses of my client’s claim. I

would communicate to my client, not only the strengths of their case, but also its weaknesses.

This is done to temper the client’s expectations once more, to determine the proper positions

that we are going to take in the negotiations, and to intelligently craft our bargaining chips.

Lastly, we would determine the positions that we are going to take during mediation. In line

with this, it is important to determine my client’s underlying interests. It appears from the

stories above-mentioned, that my client’s paramount interest is the well-being of Eleila. Thus

we would have to craft our positions with this in mind. I believe that one possible

non-negotiable position that we have to take is the public apology from Ellen. This ensures

that Eleila’s reputation, which was publicly besmirched, will also be publicly remedied.

Nonetheless, we will be open to negotiations with regard to our positions as long as our

paramount interest is met.

Question 2. ​If you are tasked to mediate the same case, how do you intend to prepare for and

handle the mediation?

 If I were the mediator, I would start by setting up the room where we would conduct

the mediation proper. I would find a private place for us to mediate. Based on the parties’

stories, this case arose from a dispute which would have been better off if it were handled

privately in the first place. Thus, so as to prevent further publicity and intrigue, I would

ensure that the mediation will be as private and as confidential as possible. As to the room

setup, I would want the same to be well-lit. I would position the chairs in such a way that the

parties are facing each other, rather than both parties facing myself. Hopefully, this will help

the parties communicate with each other and work together in settling their dispute. I would

also see to it that beverages and snacks are served, upon request of either party. The process

may take long hours, and I would want all participants to feel as comfortable as possible.

Aside from the look of the room, I also need to focus on my overall appearance during the

mediation. I would wear business casual clothing to show that I am a professional. I would

veer away from clothing that would project the image that I am a traditional type lawyer with

a win-or-lose mindset. I am here as a mediator and it is my job to see to it that both parties

win.

During the mediation proper, I would start of by giving my opening statement. In

delivering my opening statement, it is my goal to set the tone of the process, provide the

ground rules, settle my authority as mediator, ensure confidentiality, and inform the parties

that the room we are currently in is their safe space. Next, I would have the parties say their

own opening statements. I would give the parties five minutes each to tell their side of the

story without interruption from the other party. I would make it a point to inform the parties

that there are no right or wrong answers, just differing versions. If possible, I would like the

parties to say their opening statement in the presence of the other. If it were conducted
privately, then one party have suspicions over my impartiality as a mediator. Perhaps they

would think that I was coaching a party, or favoring one over the other. This, I must avoid.

Also, having the parties tell their opening statements in the presence of the other will help in

the mediation process. The other party may be informed of certain facts or circumstances that

justify the acts of the other, which they would otherwise not have known. Also, having one

party listen to the other side of the story may evoke empathy which could immensely help in

the settlement of the dispute.

After the parties have delivered their respective opening statements, I would

summarize the facts of the dispute. It is important to bear in mind while summarizing the

dispute, that I should remain as impartial as possible. I should not take as truth a version of a

particular party, nor should I dismiss any claim by another. During our class sessions, I

learned that it is best to summarize the opening statements in such a way that there are no true

or false stories, only that there are differing versions of the same story. So if I were to

reference a fact said by a party, I would say, “In your version of the story, you said…” To

effectively summarize and to be an effective mediator overall, one must learn how to actively

listen. Active listening helps the mediator to better understand the parties and their respective

issues. It helps accentuate the tools of the mediator, such as summarizing and reframing the

issues. Lastly, it shows the parties that the mediator is really listening and invested in

resolving the dispute. Active listening allows the mediator to pick up subtle hints which

would uncover the underlying interests of each party. As of this moment, I think that the

interest of the Santos family is the well-being of Eleila, while the interest of Ellen is her

privacy. If a mediator truly knows the underlying interests of each party, then it would help

him/her facilitate the process more effectively. The mediator can modify hard positions in
such a way that it conforms to the interests of the party while still being amenable to the

other.

After the parties shall have made their respective opening statements, I would explore

the details of the dispute in order to arrive at a settlement. As a mediator, I am aware that

parties often come to the process hot-headed, unorganized, and unwilling to negotiate. It is

my job as mediator to facilitate the communication between the parties. It is my job to

facilitate the process in such a way that the parties are able to divulge information which

could help in resolving the dispute. As to those parties who are unwilling to participate in the

process, I would react to this by asking them open questions. This invites the party to narrate

their versions of the case and hopefully they will divulge information relevant towards

settlement. With regard to parties who are willing but are unable to restrain themselves from

talking too frequently, I would ask them closed questions instead -- those questions

answerable by yes or no. If the parties are too unorganized and venture into issues which are

not relevant to mediation, it is my job to steer them back to the right path. To do this, it is

important to reframe the arguments of the parties in such a way that the reframed argument

will lead back to the relevant issue. Of course, it is unavoidable that parties will become too

hot-headed to continue with the negotiations. Or maybe both parties have hard positions

which lead to a deadlock. In cases like this, and only in exceptional cases, I would conduct

private sessions. If the parties are too hot-headed to the point of being irrational or

unreasonable, then the purpose of the private session is to have them cool off and to clear

their minds. A person cannot effectively go through the process of mediation without being

open-minded to negotiations. If the negotiations are in a deadlock, then the purpose of the

private session is to uncover the underlying interests behind these hard positions by the

parties. A party in a private session may be more willing to divulge information which he/she
may not actually want to disclose to the other. The information obtained by the mediator must

not be divulged to the other party without the consent of the party giving the information.

This could compromise his/her position. If that’s the case, then the mediator must instead

uncover the underlying interests of the party. If the mediator is equipped with these interests,

then he/she can modify the hard positions such that the same is amenable to the other while at

the same time in line with the interests of the other.

I would continue with the process of summarizing the facts, reframing the issues,

modifying positions to conform to underlying interests, and conducting a private session, if

necessary, until I shall have come up with an agreement that is beneficial to both parties -- an

agreement that satisfies both of their interests.