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Chapter 2-3
Chapter II
MEDIA
SEC. 7. Scope. - The provisions of this Chapter shall cover voluntary mediation, whether ad hoc or institutional, other than court-annexed.
The term "mediation' shall include conciliation.
Scope of Chapter 2, (RA No. 9285)
The provisions of chapter 2 of Republic Act No 9285, shall cover voluntary mediation, whether ad hoc or institutional, other than Court
annexed. The term mediation shall include conciliation. Mediation is voluntary if mutually agreed by the parties.
Mediation means a voluntary process in which a mediator selected by the disputing parties, facilitates communication and negotiation,
and assist the parties in reaching voluntary agreement regarding a dispute.
Mediator
- a person who conducts mediation.
Mediation-Arbitration
-> is a two-step rule dispute resolution process involving both mediation and arbitration.
SEC. 8. Application and Interpretation
In applying construing the provisions of this Chapter, consideration must be given to the need to promote candor or parties and mediators
through confidentiality of the mediation process, the policy of fostering prompt, economical, and amicable resolution of disputes in accordance with the
principles of integrity of determination by the parties, and the policy that the decision-making authority in the mediation process rests with the parties.
Consideration in applying and construing mediation provisions.
In applying and construing mediation provisions, considerations must be given:
To the need to promote candor of the parties and mediators through confidentiality of the mediation process;
The policy of fostering prompt, economical, and amicable resolutions of disputes in accordance with the principles of integrity of determination by the
parties; and
The policy that the decision-making authority in the mediation process rest with the parties.
Confidentiality means secrecy, the state of having the dissemination of certain information restricted.
Privilege communication is a doctrine that made in the course of judicial proceedings , including all kinds of pleadings, petitions and motions belong to
the class of communications that are absolutely privileged, if the same are relevant, pertinent, or material to the cause at hand or subject of inquiry.
- it is a communication which in the context of legal or other recognized professional confidentiality.
Waiver - means the voluntary relinquishment or abandonment, express, or implied of a right.
In section 10 or Republic Act No. 9285, a privilege arising from the confidentiality of information may be waived in record, or orally
during the proceeding by the mediator and the mediation parties.
However, a privilege arising from the confidentiality of information can be waived by a non participant if the information is
provided by the non-participant party.
-> Mediation is a process of settling disputes with the assistance of an acceptable, impartial and neutral third party called a mediator. The
mediator helps parties identify issues and develop proposals to resolve their disputes. Once the parties have arrived at a mutually acceptable arrangement,
the agreement becomes the basis for the courts decision on the case. This form of mediation is also known as court-annexed mediation since the case has
already been filed in court.
What is Judicial Dispute Resolution?
-> Judicial Dispute Resolution (JDR) is another innovation in the Philippine court
system. When court-annexed mediation fails, the case is brought to the judge who then acts as a conciliator, a neutral evaluator and a
mediator. The judge will try to mediate the case. If the judges intervention as a mediator succeeds, the case is concluded with a judgment
based on a compromise. If the dispute is still unresolved, then the case is referred to another judge for trial. Both parties must now be
prepared for litigation.
What cases are covered by mediation?
All civil cases, settlement of estates and cases covered by the Rule on Summary Procedure. Typical cases would be collection of debts, ejectment of tenants
in apartment dwellings, and inheritance disputes among family members.
Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law such as disputes between neighbors of the same barangay over
property.
The civil aspect of Batas Pambansa 22, which covers the debts paid through bouncing checks.
The civil aspect of quasi-offenses under negligence like motor vehicle accidents that has damaged the vehicle or injured passengers or pedestrians.
What cases are excluded from mediation?
annulment of marriage.
-> Cases which cannot be compromised are not included, like legal separation or
-> Complaint
-> Answer with a mediatable counterclaim
IN CRIMINAL CASES:
-> Complaint/information for an offense falling under the Katarungang
Pambarangay Law
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.
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.
PROCEDURE FOR MEDIATION
PROCEDURE FOR MEDIATION
What is the step-by-step procedure for mediation?
-> Upon the filing of certain pleadings, the P500.00 mediation fee will be collected by the Clerk of Court. After your case is
determined to be mediatable, the Branch Clerk of Court will issue a Notice of Order of Pre-Trial. Both parties and their counsel will be required to appear
before the judge. The court will order you both to the Philippine Mediation Center (PMC) Unit for an orientation on mediation.The Daily Supervisor (DS)
of the unit will explain the mediation process. The mediation proceedings are cheduled at your earliest convenience, usually within five to seven working
days. The DS then presents a list of accredited mediators for both parties to choose and agree on. If you can not select one, the DS will assign the mediator
to your case and will notify the mediator through a Notice of Mediation validated by thejudge. This makes the mediator an Officer of the Court.The
mediation session then proceeds on the scheduled date in an open and informal setting to encourage communication. You will have 30 days for the
proceedings, extendible to another 30 days.
As a litigant, how do I prepare for mediation?
Is there a neutral venue for mediation? Where do mediation sessions take place?
-> Mediation sessions are held in private rooms in the PMC unit of the trial court. The sessions can not take place in private offices like the law
office of the mediator.If one of the parties is not available due to health reasons, for example, proper authorization has to be made.
How long should each of these sessions last?
-> An individual mediation session can last from one hour to three hours on the average.
How many people are allowed in a mediation session?
->As a litigant, you can be accompanied by as many people you feel will help you in the mediation proceedings. However,
considering space limitations, you might consider bringing only your lawyer and perhaps one other companion.
Is there an official language for a mediation session?
-> There is no official language for mediation proceedings. The disputing parties and the mediator can use their native language
provided that everyone can understand each other.
What will happen when both parties can not seem to agree?
-> When a settlement can not be reached through court-annexed mediation, the case is referred back to the pre-trial judge. This
begins the JDR process. If this still fails, the case is moved to another judge for trial.
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.
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:
Civil cases brought on ordinary appeal or petition for review.
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: Central Board of Assessment Appeals, Securities and Exchange Commission. Land
Registration Authority, Office of the President, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology Transfer, National Electrification
Administration, Energy Regulatory Board, National Telecommunications Commission, Department of Agrarian Reform under TA. 6657, 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.
What cases cannot be mediated under ACM?
Civil cases, which by law cannot be compromised.
Criminal cases except those under No. 4 above (habeas corpus of minors not detained for a criminal offense).
Habeas corpus petitions involving custody of minors when the subject is detained for commission of a criminal offense.
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.
Conducts mediation proceedings and calls caucuses (private meetings with each party) whenever necessary.
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
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.
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
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.
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.
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
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.
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
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.
The parties choose a mediator and the date and time of the initial mediation conference.
The Court then furnishes the following documents to the PMC-CA:
a. Appellants brief and any memorandum or record on appeal
Decisions or Orders of the court/tribunal being appealed or subject to certiorari
b.
-> All matters discussed or communicated by the parties (including the request for mediation) during mediation conferences and
documents presented before the PMCCA are privileged and confidential. These are inadmissible as evidence for any purpose in any other proceedings.
However, evidence or information that is otherwise admissible does not become inadmissible solely by reason of its use id mediation. This is to prevent the
abuse of this privilege by crafty parties or their counsel.