March 18, 2014

JDR
What is Judicial Dispute Resolution?
It is a mode of settling dispute.
Actually, this is one of the modes of ADR. It is
a process where a neutral third person who is
a judge, who assist the parties in arriving at
the settlement of their dispute and put an
end to the litigation.
When does JDR tae place?
What is the purpose of JDR?
What are the three stages of diversion?
When does !A" tae place?
What role does the judge tae during the JDR
process?
What is a neutral evaluator, conciliator or
mediator?
What is the #
rd
stage of diversion?
What are those cases that can $e referred to
mediation even on appeal?

%o !A" is conducted after the court ac&uires
jurisdiction, so speci'cally what stage of the
case does the court conduct !A"?
( %o it is conducted during the pre(trial
stage.
)he # stages of diversion are*
1. Court-Annexed Mediation
2. Judicial Dispute Resolution
($oth of these stages happen
during the pre(trial stage of the case.
#. Appellate Court Mediation
(which taes place after the trial
and while the case is $rought on
appeal.
+nder the JRD rule, what is this two(judge
system?
Is it necessary that the JDR and )rial judge $e
the same person? Why? What is your $asis?
When does the court refer the case to
mediation?
What if during the mediation the parties
settle, what happens to the case?
( %o if parties settle, a compromise
agreement will $e drafted which still
re&uired to $e approved $y the court
$efore the case will $e dismissed. )ae
note that a compromise agreement
shall not $e contrary to law, morals,
pu$lic order or pu$lic policy.
What if parties during mediation did not
settle, what will happen to the case?
( %o they will proceed to JDR $efore the
JDR or the judge whom the case was
originally 'led.
,ow, what if during JDR stage, parties
settled, what happens to the case?
( %o they will enter in a compromise
agreement and that same agreement
will $e su$mitted to the court for
approval. After it is approved $y the
court, they will 'le in the court
satisfaction of claims if all of the terms
of the agreement are already
complied.
What if the parties failed JDR, what will
happen to the case?
( %o they will proceed to trial and the
case will $e re(ra-ed to another court
and another judge will conduct the
trial proper until the rendition of
judgment.
%o if there.s no agreement to maintain the
JDR proceedings and the trial at the court of
origin, JDR proceedings will $e conducted $y
the judge of the pair court, if any, otherwise,
$y the judge of nearest court as determined
$y the concerned /0ecutive Judge.
)ae note ha, itong mga single sala court
usually sa mga "unisipyo, sa mga "unicipal
)rial !ourts or "unicipal !urcuit !ourts.
+sually sa cities, "ultiple %ala !ourts tayo.
%o pagfailed ang JDR, it will $e conducted $y
another judge, not the pairing judge, through
a re(ra-e.
Is JDR allowed during trial, is "ID()RIA1
allowed?
Is "ID()RIA1 allowed in single sala courts?
what is the procedure?
2ased on my e0perience, pagJDR, present
yung lawyers at parties, the lawyers are
allowed to attend JDR proceedings so that
they can assist the parties in arriving at the
settlement.
)ae note that all JDR proceedings and
information gathering are strictly
con'dential.
If corporate party litigants, who are allowed
to attend? %o as authori3ed $y the 2oard of
Directors.
4 parties enter into compromise agreement
and that compromise agreement is
su$mitted to the court for its approval. %o
$asically what are the contents of the
decision of the court in approving that
agreement?
( )ae note that the decision of the
court shall contain the statement that
the decision was achieved through
JDR.
What are the sanctions in case of failure of
the parties to appear during JDR
proceedings? What are those sanctions
under rule 56?
)ae note of the duration of the JDR*
if it is for 5
st
level courts, its #7
days from the time the parties
'rst appeared for JDR.
8
nd
level courts lie R)!, 97
days from the time the parties
'rst appeared for JDR. 2ut upon
discretion of the JDR judge, a
longer time may $e granted if
there is high pro$a$ility of
settlement and upon joint
written motion of the parties.
!an there $e a partial settlement of the case
during JDR?
( %o there can $e partial settlement. %o
what happens to the unsettled
portion? %o the unsettled portion of
the dispute shall proceed on the trial
of the merits upon joint motion of the
parties and it can $e re(ra-ed to other
courts in case of multiple sala courts
or $ac to court of origin.
:ow a$out criminal cases? )he civil aspect?
%o it will $e the pu$lic prosecutor who will
move for the dismissal of the case.
It is said that the information gathered
during the JDR proceedings are strictly
con'dential and privileged, what are those
matters?
:ow a$out the lawyers responsi$ilities during
the JDR proceedings? :ow a$out attorneys
fees, can that $e stipulated in the
compromise agreement? "oral damages,
can that $e su$jected to compromise
agreement?
)he #
rd
stage of diversion is Appellate !ourt
"ediation, what are the cases that can $e
su$ject to A!"?
:ow a$out cases that cannot $e mediated
$efore the A!"?
What are those cases that can $e su$ject to
JDR?
%o cases not to $e referred to !A"*
5. !ivil cases which $y law cannot $e
compromised
8. 4ther criminal cases not covered
under par. # to 9
#. :a$eas corpus petitions
;. All cases under RA <898=>AW!?
@. All cases wA pending application for
restraining ordersApreliminary
injunctions
)ae note, if it is RA <898, the parties can
re&uest the court and they can agree to
undergo settlement or mediation or JDR as
regards the custody of their minor children,
separation of their property or support
pendente lite, so limited to those # aspects
only.
%o, that is $asically JDRBBBB