ADR MARCH 1 For your JDR..notes given. Lets have a review on your civpro. Q: how can a case be made?

by the FILING OF A COMPLAINT in court. Q: after a complaint is filed in court. What will the court issue? ISSUANCE OF SUMMONS so that court will acquire jurisdiction over the parties. Complaint first..then court issues summons..then after that there will be a few incidents after issuance of summons. Q: After this stage, what will now happen? JOINDER OF ISSUES UPON THE FILING OF THE ANSWER. Q: Is the defendant allowed to file motion to dismiss instead of an answer? NO. under OCA CIRCULAR 2-2002, the IBP shall see to it that its members shall xxx observe restraint in filing motions to dismiss but instead allege the grounds thereof in the answer as defense; Q: Whats next? PRE-TRIALthat is after the last pleading is filed. Last week, we discussed about mediation. When does mediation happen? When we refer to mediation here, we refer to COURT-ANNEXED MEDIATION. Iba ang mediation under RA 9285. When we say 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. Q: After, pretrial, whats next? TRIAL PROPER.

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, nag-cocompromise agreement ang parties. 2. Under RA 9285, it is intended to empower the parties to resolve their own disputes

3 STAGES OF COURT DIVERSION

1. 2. 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. If CAM fails, the second stage, called the JDR (Judicial dispute resolution), is undertaken by the JDR judge, acting as a mediator-conciliator-early neutral evaluator It is akin to mediation kaya lang the JDR is conducted by the judge. It is conducted by the JDR Judge ang kanyang role is that the JDR Judge becomes the mediator, conciliator and early neutral evaluator in order to secure a settlement. The third stage is during appeal, where covered cases are referred to ACM (Appellate court mediation)

3.

Take note that even on appeal, there can still be mediation! Again, yung first 2 stages ng Diversion, trial court levels lang yan xa..so sa lower court. It may pertain to MTC, MCTC or RTC. Ung appellate court mediation, sa CA na yan xa.

APPELLATE COURT MEDIATION (ACM)

*Those questions in red are the ones asked in the class. The rest are notes from CA website. What is Appellate Court Mediation? Mediation is the process of resolving disputes with the help of a neutral third party (mediator) to reach a settlement that is mutually acceptable to all parties. Appellate Court Mediation (ACM) is a mediation program in the Court of Appeals (CA), corollary to Court-Annexed Mediation in the lower courts. It provides a conciliatory approach in conflict resolution. Through ACM, the CA promotes a paradigm shift in resolving disputes from a rights-based (judicial) to an interestbased (mediation) process. How is Appellate Court Mediation different from Court-Annexed Mediation or Judicial Dispute Resolution? In Court-Annexed Mediation, a case eligible for mediation at a First Level Court or Regional Trial Court during the pre-trial stage is referred by the presiding judge to the Philippine Mediation Center (PMC) Unit for mediation. Mediation is successful if the parties enter into a Compromise Agreement, and the judge renders a decision based on this agreement. If it fails or the parties refuse to undergo mediation, the case goes back to court for trial. In Judicial Dispute Resolution under the JURIS Project, the mediation process is also in the lower courts and mediation is conducted just like in Court- Annexed Mediation. If mediation fails or the parties refuse mediation, the case goes back to the judge who does not yet try the case. The judge, acting sequentially as Conciliator, Neutral Evaluator and Mediator or a combination of the three, attempts to convince the parties to settle their case amicably. If the parties still refuse to settle, the case goes back to court for trial. In Appellate Court Mediation, the case has been tried and judgment has been rendered at the lower courts but has been appealed to the Court of Appeals (CA). Thus, Party A already won the case in the lower courts but Party B appealed the decision to the CA. What are the benefits of Appellate Court Mediation? For the judiciary, Appellate Court Mediation, as part of the Supreme Courts Action Program for Judicial Reform (APJR) , aims to reduce the congestion of court dockets. A review of pre-ACM court statistics shows that although the disposal rate is high at 98.5 percent, the number of cases added to the backlog grows at an annual rate of 58 percent. Mediation offers a promising solution to lessening this backlog. For litigants, after mediation has failed in the lower courts, Appellate Court Mediation provides an added option to put an end to costly and long-drawn litigation. Since mediation is a non-adversarial approach to resolving a case in court, it facilitates the interest-based settlement of the dispute through proposals coming from the parties themselves or suggested by the mediator and accepted by the parties. Mediation helps litigants settle their dispute and rebuild their relationship. It is a win-win solution for both parties. When and how did implementation of ACM start? The Supreme Court authorized the Philippine Judicial Academy (PHILJA) to pilot-test the mediation program in the Court of Appeals on April 16, 2002. The pilot ACM Project ran for almost three months from September 16 to November 22, 2002, with a success rate of 67 percent. Thirty-one appellat;e court mediators from the ranks of retired justices and judges, senior members of the Bar, and senior professors of law participated in the orientation workshop conducted by experts from the Philippines and Singapore. The Supreme Court approved the institutionalization of Appellate Court Mediation (ACM) on March 23, 2004 following the successful pilot-test. It also approved the Revised Guidelines for the Implementation of Mediation in the Court of Appeals to provide the legal framework. From 2004 to 2006, PHILJA went on to recruit and train a core of mediation faculty from ADR practitioners and the academe; revised the training curriculum and materials to make them more relevant to the Philippine setting; developed case study materials from actual cases; trained a new batch of 51 mediators for the

Court of Appeals; capped their training with an internship program that required each mediator to handle at least two ongoing cases; formally launched the CA Mediation Center at the ground floor of the CA Annex Building; and finally developed a Mediation Training Manual for the Court of Appeals. The Project Director who supervised this project was Professor Alfredo F. Tadiar. What organizations are helping implement the ACM Program? There are six institutions working together to implement the mediation process in the Court of Appeals. The Court of Appeals (CA) Selects and refers cases and other documents or information for mediation. Philippine Judicial Academy (PHILJA) Oversees the training program of appellate court mediators and assigns a PMC (CA) coordinator to oversee the operations of a PMC (CA) office, among other responsibilities. Philippine Mediation Center-CA Helps facilitate successful mediation by providing administrative and operational support services. Public Information Office of the Supreme Court (SC-PIO) Assists in the in formation, education and communication campaign program of the project. Integrated Bar of the Philippines (IBP) Collaborates with PHILJA in its mediation advocacy and assists in the disciplinary actions for erring mediators. Philippine Association of Law Schools (PALS) Includes Alternative Dispute Resolution (ADR) courses (including Mediation) and negotiating skills in the curriculum and re-orients law professors and students on legal aid. Q: Are all cases elevated to the Court of Appeals eligible for Appellate Court Mediation? No. Only the following cases elevated to the Court of Appeals are eligible for Appellate Court Mediation: 1. Civil cases brought on ordinary appeal or petition for review. 2. Appeals from final orders, awards, judgments, resolutions of the Court of Tax Appeals and quasi-judicial agencies in the exercise of their quasi-judicial functions through petition for review or certiorari that questions a decision for having been rendered in grave abuse of discretion amounting to lack of jurisdiction. These quasi-judicial agencies include the following: a. Central Board of Assessment Appeals, b. Securities and Exchange Commission. c. Land Registration Authority, d. Office of the President, e. Civil Aeronautics Board, f. Bureau of Patents, Trademarks and Technology Transfer, g. National Electrification Administration, h. Energy Regulatory Board, i. National Telecommunications Commission, j. Department of Agrarian Reform under TA. 6657,

k. l. m. n. o. p. q. r. 3. 4. 5.

Government Service Insurance System, Employees Compensation Commission, Agricultural Inventions Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments, Construction Industry Arbitration Commission, and Voluntary Arbitrators authorized by law.

Special civil actions for certiorari, except those involving pure questions of law. Habeas corpus (court order directing law enforcement officials or custodians of detained persons to produce that person in court) cases involving custody of minors, with the consent of the parties, provided that the minor is not detained for commission of a criminal offense. Criminal cases cognizable by the Katarungang Pambarangay (Barangay Justice System) under Republic Act No. 7160 or offenses punishable by imprisonment not exceeding one year or a fine not exceeding P5,000.00 or both such fine and imprisonment.

Q: What cases cannot be mediated under ACM? 1. Civil cases, which by law cannot be compromised. 2. Criminal cases except those under No. 4 above (habeas corpus of minors not detained for a criminal offense). 3. Habeas corpus petitions involving custody of minors when the subject is detained for commission of a criminal offense. 4. Cases with pending application for restraining orders/preliminary injunctions, unless both parties request for mediation Who is qualified to serve as mediator in Appellate Court Mediation? Only an Appellate Mediator who is trained and accredited by the Philippine Judicial Academy (PHILJA) can mediate in the Court of Appeals. As a basic qualification, he/she must be a retired justice, judge, senior member of the Bar, or senior law professor, who possesses creative problem-solving skills and has strong interest in mediation. What are the duties and responsibilities of an Appellate Mediator? Since mediation proceedings are confidential, violations made by either party or even the mediator will be sanctioned. 1. Conducts mediation proceedings and calls caucuses (private meetings with each party) whenever necessary. 2. During mediation proceedings: a. informs parties of the rules and procedures for mediation b. assesses the risks and costs of continuing litigation c. draws out the underlying interests of the parties d. explores common ground for settlement 3. 4. May suggest options for the parties to consider and, if practical or necessary, seek the assistance of a co-mediator to assess (on a nonbinding basis) the strengths and weaknesses of each partys case. May request for a court order to impose appropriate sanctions if the parties fail to comply with the directives of the mediator such as, but not limited to, the payment of mediation fees, appearance of parties during scheduled conferences, and submission of written authority of representatives prior to the mediation proceedings. Prepares the written terms of the compromise agreement that disposes of the dispute in whole or in part. May terminate mediation at any time if parties are not interested to settle. If the parties fail to reach a settlement, returns the case to the CA Division of origin and makes a confidential report to the Philippine Mediation Center-CA on the reasons for failure.

5. 6. 7.

8. 9.

Discloses to the parties any circumstance that may create or give the appearance of a conflict of interest and any other circumstance that may raise a question as to his/her impartiality. Ensures strict confidentiality of all communications made by the parties during the mediation proceedings.

What is the process in Appellate Court Mediation? The entire mediation process in the appellate level consists of five phases: (1)selection of case, (2) resolution to appear, (3) agreement to mediate, (4) mediation proceedings, and (5) disposition of case. Phase 1: Selection of Cases 1. The Division Clerk of Court, with the assistance of the PMC-CA, identifies the pending cases for mediation to be approved by the Ponente (Justice in charge of the case) either for completion of records or for decision. 2. The petitioner or appellant specifies, by writing or by stamping on the right side of the caption of the initial pleading (under the case number), that the case is qualified for mediation. 3. If the case is eligible for mediation, the Ponente, with the concurrence of the other members of the Division, refers the case to the PMC-CA. Phase 2: Resolution to Appear 1. The Ponente, with the concurrence of other members of the Division, issues a resolution (after submission of the appellants brief or after the filing of a petition for review or certiorari) directing the parties to appear at the PMC-CA without counsel to consider the possibility of mediation. 2. The resolution also suspends the running of the period to file the appellees brief or comment on the petition for review or certiorari, as the case may be, until further order of the Court. Phase 3: Agreement to Mediate 1. Upon agreement of the parties to mediate, the PMC-CA requires the parties to execute an Agreement to Mediate in a form provided for the purpose. 2. The parties choose a mediator and the date and time of the initial mediation conference. 3. The Court then furnishes the following documents to the PMC-CA: a. Appellants brief and any memorandum or record on appeal b. Decisions or Orders of the court/tribunal being appealed or subject to certiorari Phase 4: Mediation Proceedings 1. The mediator tries to complete the mediation proceedings within thirty (30) days from the date of the initial mediation conference. However, the duration of mediation proceedings may be extended for another thirty (30) days if there is a request for extension based on a justifiable ground or reason. 2. Individual party litigants are required to attend mediation conferences in person; corporate parties must be represented by a corporate officer duly authorized by Board resolution. 3. Initial mediation conferences are held in the PMC-CA, but subsequent mediation conferences may be held outside the CA with notice to the Court. Phase 5: Disposition of Cases 1. If the parties agree to a full or partial compromise, the mediator drafts written terms with the concurrence of the parties/counsel. 2. The parties/counsel and mediator sign the compromise agreement which is transmitted to the Court. 3. The Court approves the compromise agreement, renders judgment upon a full or partial compromise, as the case may be, and makes an immediate entry of judgment. 4. In the case of full settlement, the parties agree to withdraw the appeal and enter into a mutual satisfaction of claims and counterclaims. Upon receipt, the Court renders an order of dismissal. 5. If the parties fail to reach a settlement, the mediator returns the case to the Division of origin. He or she then makes a confidential report to the PMC-CA on the reasons for the failure. How long does the mediation process take under ACM?

The mediation process ideally takes thirty (30) days from the date of the initial mediation conference. The mediation proceedings may be extended for another period not exceeding an additional thirty (30) days after a motion is filed with the Court. How much does mediation cost? Mediation fees in the amount of one thousand pesos (P1,000.00) are collected by the Clerk of Court of the trial court upon filing of the Notice of Appeal or by the Clerk of Court of the Court of Appeals for cases that are directly filed therein. The collected amount becomes part of the Mediation Fund which is utilized for the promotion of court-annexed mediation and other relevant modes of alternative dispute resolution (ADR), training of mediators, payment of mediators fees, and the operating expenses of PMC units nationwi de. Who are exempt from paying the mediation fee? A pauper litigant is exempt from paying the mediation fee. The unpaid amount is a lien to any monetary award in a judgment favorable to the pauper litigant. The accused-appellant is also exempt from paying the mediation fee.

REVIEW ON MEDIATION
Q: As a review, what is mediation? A:It is one of the means of alternative dispute resolution in which a mediator selected by the parties facilitates communication and negotiation and assists the parties in reaching on a voluntary agreement regarding a dispute. What does a mediator do? During mediation proceedings, the mediator will have to monitor and analyze what is happening, set the order of discussion and keep track of time, distinguish the real issues behind the conflict, manage the interaction and facilitate communication. He or she must be able to patiently hear both sides of the story without judgment and help each side understand the others perspective. The mediator will then be able to offer positive suggestions or options that will help resolve the problem. Who can be a mediator? What are their qualifications? To become a mediator, one must be at least 30 years of age with a bachelors degree. Proficiency in oral and written communic ation in English and Filipino is also required. The prospective mediator must also possess a good moral character and willingness to learn new skills and be of service to the public. How are they accredited? Qualified applicants must complete mediation seminar-workshops and pass a written exercise to test their proficiency in oral and written communication from the Philippine Judicial Academy (PHILJA). PHILJA can also request mediation training services from other organizations or individuals. Each applicant must be certified to have finished the training and evaluated on their overall performance. On the basis of the report, PHILJA will submit a list of recommended mediators for accreditation to the Court. If approved by the Court, the accreditation is effective for two years. I want to be a mediator myself. What do I do? The prospective mediator must submit the following to PHILJA: curriculum vitae with 22 photo

college school records; National Bureau of Investigation/police clearance; certificates of good moral character from two persons not related to the applicant.

PHILJA will then administer a written comprehension exam and interview and evaluate each applicant. Qualified applicants are then scheduled for training. PHILJA is located at the third floor of the Supreme Court of the Philippines Centennial Building, Padre Faura, Manila. For provincial applicants, applications may be filed with the Executive Judge of the Regional Trial Court. How will I choose a mediator? Cases for mediation are referred to the Philippine Mediation Center (PMC) unit located in the courthouse or near the premises of the trial court. The Daily Supervisor (DS) of the PMC unit will present a list of accredited mediators. If you cannot agree on a mediator, the DS will assign one and notify the trial court which will then confirm the appointment of this chosen mediator. Is a mediator allowed to discuss my case with outsiders? No it is prohibited. However, the mediator may ask for assistance from another accredited mediator , only upon the disputing parties permission. The name of the co-mediator must also be submitted to the trial court for confirmation. What should I expect from my lawyer during mediation? Your lawyer remains a valuable counsel and partner in mediation proceedings. They can attend mediation sessions with you. They will be expected to provide legal assistance to you and the mediator in drafting the necessary papers. Your lawyer must help you fully understand and appreciate the rules and process of mediation. Ask them to explain the difference of litigation from mediation, the advantages of the procedure, possible bargaining options, your role in the process and likely alternatives to a negotiated agreement. Your lawyer may take a little less active role in a mediation session than in a courtroom. In mediation, you will take responsibility for making decisions. But when matters in the discussion put you at a disadvantage and if the mediator does not seem to be doing enough to settle the imbalance, you will want your lawyer to participate more actively. When necessary, your lawyer may even call a recess to give you advice or suggestions in private. Lawyers in mediation will also assist the mediator in putting into writing the terms of the compromise agreement or a withdrawal of the complaint or a satisfaction of claim so that it may be approved by the trial court for judgment. What is the judges role in mediation? The role of the judge during CAM: 1. He exercises supervision over the case by ensuring that mediation is terminated not later than 60 days from the referral date. 2. He acts on motions or requests for extension of the time to mediate from 30-60days. 3. impose the necessary sanctions if warranted upon the recommendation of the mediators, for parties who are absent during mediation proceedings. Sanctions allowed under Rule 18 of the Rules of Court consist of a) dismissing the suit for failure of the plaintiff to appear; or b) allowing the plaintiff to present his evidence ex-parte if the defendant fails to appear in mediation conferences. The pre-trial judge will rule on the compromise agreement you reached through mediation. If court-annexed mediation fails in your case, the pretrial judge takes on the role of conciliator, neutral evaluator and mediator. The judge will sit down with counsel and their parties to hear a summary of the case and will attempt to conciliate the differences between the parties. As a neutral evaluator, the judge will be free to express his or her views on the chances of each party in the case. At this point, if the parties agree to reconsider and undergo mediation, the judge will facilitate the settlement as a mediator.

If the parties still refuse mediation, however, the judge will then issue an order referring the case to another judge. The order will specify that both court-annexed mediation and JDR have failed. Im not very good at confrontations or talking about my case. What if I cant express myself? Can someone else speak on my behalf? While individual parties are encouraged to personally appear in mediation proceedings, you can still authorize a representati ve to speak for you, whether its your spouse, sibling, doctor, friend, daughter, son or lawyer. But they must be fully authorized to appear, negotiate and enter into a compromise by a Special Power of Attorney. My case involves children. Do they have to attend mediation sessions? Children are not required to attend the mediation sessions, because they normally are represented by their parents. However, if the resolution of the case would require a consultation with minor children, then they may be allowed in the mediation session. Examples: 1. custody case..subject xa to mediation or even JDR. The judge then asks the child. Maternal preference is not absolute. Ginagamit lang xa if ang qualities ni papa is equal kay mama. Tie breaker lang yan xa. It is not automatic na just because below 7 years old ang bata, sa mama lang na xa. So unless the resolution of the case requires consultation with minor children, so pwede sila andun. 2. Habeas corpus case involving children tatanungin din ang bata kanino xa magsama. During the JDR, sinasabi na nya na if we proceed with this case, talo kana or talo xa. Tha tis the reason why mediation proceedings are conducted in private. Kaya it cannot be used by any other. Para din xang mediation. Kaya nga during JDR, the judge acts as neutral evaluator. So sinasabi nya sa parties na oh ikaw. Talo kana. So an o, mag-case pa ba tayo? so he says that to encourage parties to settle the case. Can mediation take place even if there are instances of wife beating and other forms of domestic violence? You have to inform the mediator immediately if there are such incidents of domestic violence in your case. In these instances, the case has to be sent back to court for trial, due to the disadvantage of the woman in such a relationship. Can a corporation just send their lawyer to the mediation? A corporation, through a board resolution, must fully authorize their representative to appear, negotiate and enter into a compromise. Can one complain against their mediator if he or she does not seem to be doing a good job? You can report the incident to the PMC coordinator or file a complaint against a mediator to a three-member Grievance Committee, composed of a member of the PHILJA ADR Subcommittee, a Supervisor and a Mediator; and appointed by the PHILJA Chancellor. During the investigation, the mediator concerned may be placed in preventive suspension. The Supreme Court has the discretion to impose additional and appropriate penalties against the erring mediator depending on the severity of the action. 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; The following cases shall not be referred to CAM and JDR: 1. Civil cases which by law cannot be compromised (Article 2035, New Civil Code); 2. Other criminal cases not covered under paragraphs 3 to 6 above; 3. Habeas Corpus petitions; 4. All cases under Republic Act No. 9262 (Violence against Women and Children); and 5. Cases with pending application for Restraining Orders/Preliminary Injunctions. However, in cases covered under 1, 4 and 5 where the parties inform the court that they have agreed to undergo mediation on some aspects thereof, e.g., custody of minor children, separation of property, or support pendente lite, the court shall refer them to mediation. Q: What will happen if nag-mediate sila and they will enter into a compromise agreement as to the civil aspect, what will happen to the criminal aspect? A: The public prosecutor will move for its dismissal. So there must be a motion on the part of the public prosecutor for the dismissal of the case. (in our fiscal, if VAWC cases, they move for PERMANENT DISMISSAL. For example, the ground is on economic abuse. So dili nagasuporta. If ikaw ang lawyer sa babae, wag kang magpayag ng permanent dismissal of the case. ask only for a PROVISIONAL DISMISSAL. Why? So that under crim pro, pwede pa xa marevive depende sa th th penalty. So if the husband failed to provide support within a year. Nag-support xa ng 6 months pero sa 7 -10 month, wala na xa nagsupport. So you move for MOTION TO REVIVE THE CASE. so ask only for a provisional dismissal.) March 8, 2013 Judicial Dispute Resolution is part of the ADR process where a neutral third person who is a judge assist the parties in arriving at a settlement of their dispute to put an end to litigation. What are the purposes of JDR? 1. Like arbitration and other ADR forms, the purpose of JDR is to put an end to pending litigation through a compromise agreement of the parties. 2. Another purpose is to empower the parties to resolve their own disputes and to give effect to the state policy express under RA 9285, that is, to actively promote party participation in the resolution of disputes or the freedom of the parties to make their own arrangement to resolve disputes. So New rule of judges. Take note, under JDR, the judge acts as mediator, conciliator and early neutral evaluator any combination thereof . So ang pinakimportant na function ng judge during the JDR is that he is an early neutral evaluator. Take note, becaus, as an early neutral evaluator, the judge makes an impartial evaluation of the each partys success in a case. So if as an early neutral evaluator, sabihin na niya o ikaw talo ka na, ikaw panalo ka na so that is the main diff between mediation and JDR . Another point is under JDR there is a two judge system. What is this 2-judge system?

1 JDR judge sits during the first stage of the JDR proceeding, that is from the filing of the complaint to the conduct of court annexed mediation and JDR during the pretrial stage. The 2 judge is what is known as the trial judge . This trial judge presides pre-trial proper and trial and renders the decision of the case, so in other words under the JDR, 2 ka judges. Different persons who will act as a mediator judge and trial judge. For the JDR procedure, I made a summary i-draw ko na lang para its easier for us to understand
nd

st

CourtAnnexed Mediation Pre Trial Stage 1st StageJDR Judge

Not Settled

Proceed to JDR

Satisfaction of Claims** Compromise Agreement Proceed trial with judge in court of origin Satisfaction of Claims**** Settled Compromise Agreement**** Proceed trial with judge in court of origin

Settled By Written Motion* Single Sala Not Settled

JDR

No Agreement*** Not Settled Settled Multiple Sala End JDR ( Approval of Claims or Compromise Agreement

Not Settled

Reraffled to another court proceed to 2nd stage

2nd StageTrial Judge

Trial Proper

Judgment

*Parties request court of origin to conduct JDR and Trial ( JDR & Trial Judges = the same person) ** Approved by the court of origin *** JDR Conducted by Pair Court **** Approve Compromise Agreement or satisfaction of case and case referred to court of origin (Original Judge)

MEDIATION AND JUDICIAL DISPUTE RESOLUITON Professor: Atty. Catherine Guerzo

Procedures: So for the procedure, it comprises two stages. Diba before JDR, court annexed mediation (CAM) is a prerequisite s so dapat magdaan muna xa sa Philippine Mediation Center bago xa mag ADR before the Philippine Mediation Unit mag CAM. 2 things will happen, either magsettle or not. So if the parties will settle, what will they execute ? iba yung satisfaction of claims sa compromise agreement. When you say satisfaction of claims, that is executed and filed in court if the parties immediately comply with the agreement. An example where the satisfaction of claims can be filed in court involves usually if the dispute involves money claims and defendant opts to pay the sum in full at once Or pde din they can execute a compromise agreement Compromise Agreement is the one executed by the parties if they agree to settle but wishes to comply in the future. This is the one executed for the settlement compliance at some future date or some future time. So again before the CAM , the parties can settle or choose not to settle What will happen if the parties will not settle? The parties will now go back to court, so if it goes back magproceed na sa JDR. When we speak of JDR it has two stages the first stage. And uupo jan ang tawag sa kanya kay JDR judge. He is the the original judge kung baga when a case is being filed in court meron original judge xa na yung JDR judges. st 1 stage is from filing of complaint to the conduct of CAM, and JDR is during pre-trial stage. The JDR judge is the one to whom the case shall be originally filed and he shall preside over the first stage of JDR. Okay so again referral to CAM is a pre requisite to the conduct of JDR proceedings so during the 1 stage as a general rule si JDR ang magpreside. So dalawang things pa rin, magsettle or not. No problem if magsettle, end na ang case. What happens if no settlement? So as a general rule, if the aprties failed to settle during the JDR proceed to: 2nd stage is the trial proper and which is being heard by trial judge. Ibang judge na to di na original judge or JDR judge. That is the GR ha depende pa rin kase dahil may single sala at multiple sala court. Usually single sala yung mga MTC sa mga munisipyo. Isang korte lng naman yan xa so that is a single sala court. If it is a single sala court, what will happen?. If the parties by written motion, they can request the court of origin to conduct JDR and trial judges so same person, so again if settle or not settle. So sa single sala the same si JDR and trial judge kase isa lng ang korte. What if di cla magagree na same person, if there is no agreement the JDR will be conducted by a pair court. Pair court is a court designated by the SC that in case there is no judge sitting in that court pde doon, so that is a pair court. The judge sitting there is known as pairing judge, so again if settle, the approved Compromise Agrement or satisfaction of claim, the ame will be referred to the court of origin for appropriate action dun sa MCTC so what if di magsettle, trial will now conducted by original judge so balik tayo kay single sala court c like MCTC What if multiple slaa court? Like in davao we have 11 RTC branches if it is multiple sala court so ganun parin settle or not if they settle, end na nag JDR so case should execute Compromise Agreement, or satisfaction of claims or if the parties will not settle, what will happen? The case will be nd reraffled to anther court.and proceed to 2 stage which is the trial proper. So reraffle? Anong ibig sabihin nito? Here in Davao we have RTC Branch 8, 9, 10, 11, 12, 13, 14 15, 16, 17 and 33 yan yung multiple sala corut So when you file a case in court, you file a case in the RTC Office of the Clerk of Court. Not directly to RTC 9 or 10, you file in the OCC and pay docket fees. Raffling happens every thursday. Like Monday to Wednesday file ka ns case example VAWC or child abuse , on Thursday , it will be raffled among RTC 8, 12, and 33,. Why? because these courts are designated family courts. So the rest, excluded yan as pertaining to the cases. Let us say naraffle st tapos napasok sa RTC 8, so nagJDR etc, tapso di nagsettle during the 1 satge. Since sabi ni ireraffle xa babalik xa sa OCC so next week pagnagraffling ulit. Magrereaffle na naman but excluded RTC 8 so between RTC 12 and 33 lang. so the one will conduct trial proper will be either judge siting in RTC 12 or 33. So basically eto na ang JDR procedure
st

Page 13 of 15 Prepared by: RIZADA, Resci and ONG ABRANTES, Raymund FOR AUTHORIZED USE ONLY

MEDIATION AND JUDICIAL DISPUTE RESOLUITON Professor: Atty. Catherine Guerzo

Take note GR: JDR judge shall not preside over the trial of the same case when JDR proceeding failed. Why? di ba ang JDR judge acts as neutral evaluator so if he tries to mediate during JDR sasabhin na niay oi ikaw talo ka na so wala na ang kanyang imapartiality. How about the rule on restraining orders and preliminary injunction? For example you file a case, annulment tapos nagrequest ng provisional remedy, What will happen to the provisional remedy for cases with pending restraining orders of PI, the judge to whom the case was raffled original judge ha , the same original judge shall rule on said application. Next during the pre-trial stage, the judge will now refer the case to court annexed mediation but if the parties do not settle at CAM the case will now be reraffled to another branch for JDR So take note of the confidentiality rule under JDR All information obtained during the conduct of JDR proceedings are considered privileged and confidential. Thus, it is inadmissible as evidence in any other proceedings. So what are these matters deemed confidential? 1. Matters discussed 2. Communications made 3. Request for mediations 4. Documents presented Evidence or information that are admissible does not become inadmissible solely by reason of its use in mediation and JDR. Etong confidentaility extends to court personnel. Take note that JDR proceedings are not public hearings. Also during JDR Proceeding, the judge is mandated not to wear his robe so pahubon sa iyang robe. 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. Asisst 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. How about sanctions? For example ang issue na naa ang judge for JDR but the parties fail to appear? a. Appropriate sanctions under Rule 18 of Rules of Court b. Relevant issuance by the SC: Censure, Reprimand and Contempt c. Reimbursement of appearing party if costs and attorneys fees treble the cost upon motion or motu proprio yung reimbursement Take note that the sanctions can also be lifted upon justifiable cause. Duration of JDR General rule; st st 1 level court (MTC, MCTC,) 30 days from the time the parties 1 appear for JDR Page 14 of 15 Prepared by: RIZADA, Resci and ONG ABRANTES, Raymund FOR AUTHORIZED USE ONLY

MEDIATION AND JUDICIAL DISPUTE RESOLUITON Professor: Atty. Catherine Guerzo

2 level courts- 60 days form the time the parties 1 appeared for JDR However, a linger time may be granted, upon the discretion of the JDR judge, if there is a high probability of settlement and upon joint written motion of the parties. Take note suspension of periods. The period during which the case undergoing JDR proceedings shall be excluded form the regular and mandatory periods for trial and rendition of judgment in ordinary cases and in cases under summary proceedings. How about JDR during trial? JDR during trial is allowed he can refer it to jdr upon written motion of one or both parties indicating willingness to discuss a possible compromise. So basically yun lang ang JDR For our final exam the coverage is mediation and JDR. Pahabol: Example: ang parties nag-agree during the jdr, so it will go to the drafting of Compromise Agreement or discussing the case, ang pde lang majdr sa criminal case kay ang civil aspect ang criminal aspect MAYBE dismissed. Depende sa public prosecutor. What if ang party to a JDR proceeding gideny ang agreement sabi niya ayaw, ideny niya ? there is now REPUDIATION OF THE AGREEMENT 1 scenario: If the agreement has not yet been approved by the judge, you should require the repudiating party to file a motion and to prove FAME. Fraud Accident, Mistake, Excusable Conduct that has occurred in the process of securing the agreemenet 2 If already approved by the judge, then the agreement is already final and executory. So what is your rmeeyd as a party? Petition for relief from judgment within 60 days after learn of the judgment and within 6 months form the time judgment is rendered.
nd st

nd

st

Page 15 of 15 Prepared by: RIZADA, Resci and ONG ABRANTES, Raymund FOR AUTHORIZED USE ONLY