MEDIATION PROCESS

Complaint is
filled with the
Barangay
Captain

Lupon Secretary
records the case
and assign it a
docket #

If settlement is
reached, the case
is considered
closed

Brgy. Captain
issues
summons

Brgy. Captain
conciliate or
Arbitrate the
case

If it fails, the Brgy.

Captain will create a
Pangkat
If settlement is
reached, the case
is considered
closed

KATARUNGANG
PAMBARANGAY

If it fails, the case

may be taken to the
court
Pangkat will
conciliate or
arbitrate the case

Filing of a
complaint/answer
through the clerk
of court
Briefing,
Selection of
Mediator &
Scheduling

Pre-Trial:
Referral
from Court

MEDIATION
PROPER

Not Settled

Not Settled
Proceed to
Trial

COURT ANNEXED
MEDIATION and
JUDICIAL DISPUTE
RESOLUTION

Settled
Compromise
Agreement

BACK TO
COURT
JDR
Approval by
the judge

Settled
Compromise
Agreement
In BP 22,
concurrence
to the
agreement
by the
prosecutor

Approval by
the judge

IMPLEMENTATION
Of AGREEMENT

PHASE 1
Division Clerk of
Court, identifies
the pending cases
for mediation or
the petitioner or
appellant
identifies that the
case is qualified
for mediation

Furnishing of
documents and
appealed
decisions
Choosing a
mediator and
initial mediation
conference
Execution of an
Agreement to
Mediate

Approval of the
Ponente

PHASE 3
Referral to the
PMC-CA

PHASE 2

Resolution
Directing the
parties to
appear before
the PMC-CA

PHASE 4

CA
MEDIATION

Mediation
Proper

PHASE 5

AGREE

DISAGREE

Execution of an
Compromise
Agreement

Return of the
Case to the
Origin

Court
Approval and
Judgment

Confidential
Report for
the failure

Mediation Under the 2014 Revised Rules

of Procedure Before the NCIP
When is mediation proper?
Prior to the Filing of an Action: It is the responsibility of
the complainant/petitioner to set the case for mediation
and/or settlement. (Sec. 1, Rule IV)
After the Filing of an Action:
During the Preliminary Conference: The RHO shall issue the
necessary order directing the parties to determine (a) the possibility
of an amicable settlement xxx (Section 6, Rule IX)
After the Preliminary Conference: If during the preliminary
conference, the parties failed to reach an amicable settlement, the
RHO shall refer the case for mediation and conciliation to the
concerned PO or to any officer of the Regional Office. The said
officer designated shall initiate the process by himself or invite the
participation of elder/leaders or any one from the pool of
accredited mediators who could contribute in the settlement of
the case (Sec. 7, Rule IX)

Mediation Under the 2014 Revised Rules

of Procedure Before the NCIP
What are the proper modes of conducting
mediation?
The exhaustion of customary laws shall strictly adhere to the
process and modes prescribed by customs and
traditions duly validated and/or documented. (Sec. 1, Rule IV)
The RHO must take into consideration the application of
customary laws in settling disputes such as, but not
limited to:
1. Sakusak
2. Bodong
3. Dap-ay
4. Tongtongan
5. Kahimunan
6. Dumalungdong, etc. (Section 6(a), Rule IX)

Mediation Under the 2014 Revised Rules

of Procedure Before the NCIP
Who are qualified to mediate?
1. The Council of Elders

2. The Regional Hearing Officer

3. Pool of Accredited Mediators
4. Mutually Agreed upon by the Parties
5. Provincial Officer
6. Any Officer in the Regional Office

Exhaustion of
Customary Law

Council of
Elders

Disagree

Agree

Certification of
Non-Resolution

Case is Closed

RHO
No Certification of
Non-Resolution
Provincial
Officer

RHO
RHO: Proceed
for Trial

Preliminary
Conference
RHO mediates
applying
customary law
Agree:10 daysCompromise
Agreement

Certification of
Non-Resolution

Disagree

Refer to the
PO/Regional
Officer

Hearing

Council of
Elders
Mediate
(60 Days)

Judgment based
on the settlement

Disagree

Agree