CASES SUBJECT TO JDR

All civil cases, settlement of estates, and cases covered by the Rule on
Summary Procedure, except those which by law may not be compromised;
Cases cognizable under the Katarungang Pambarangay Law
Civil aspect of BP 22
Civil aspect of quasi-offenses under Title 14 of the RPC
Civil aspect of estafa and libel
Civil aspect of theft

STAGES
DIVIDE IT INTO 2
STAGES
CAM and
JDR
PRE-TRIAL
PROPER
CAM JDR during the pre-trial stage
During the initial
mediation session
(before the court
accredited mediator)
when the mediator
introduces the parties to
the process of
mediation, it is helpful
for the lawyers to give
support to the mediator
so that their clients fully
understand the rules
and processes of
mediation.
The lawyers must
restrain themselves
from dominating the
process and instead
allow their clients to
take the initiative in
discussions and create
various options.
Should mediation before
the court-accredited
mediator fail, and the
case is referred back to
the court, the lawyer
may have to take a more
active role during the
mediation proceedings
before the judge (JDR
judge).
The judge to whom the
case has been originally
raffled shall preside over
the first stage. He shall
be called the JDR judge.
Parties will be more
spontaneous once they
are assured that the JDR
judge will not be the one
to try the case. As such,
the general rule is that
the JDR shall not preside
over the trial of the
same case when
mediation did not
succeed.
The mediation process is
designed to be
confidential. In order to
safeguard the
confidentiality of
mediation proceedings,
the JDR judge shall not
pass on any information
obtained in the course
of conciliation, early
neutral evaluation, or
mediation to the trial
judge or to any other
person. All JDR
conferences shall be
conducted in private.
The JDR judge may,
however, confer in
confidence with the
mediator who previously
mediated the case,
merely for the purpose
of determining
unresolved issues.

The judge conducting
the JDR is called the JDR
judge instead of pre-trial
judge because under the
revised guidelines, pre-
trial proper is resumed
after JDR, but this time,
to be conducted by the
trial judge instead of the
judge who conducted
the JDR but the JDR
judge may preside over
the trial proceedings
upon joint request of
both parties.
The JDR acts as the
mediator, conciliator
and neutral evaluator as
the conditions may
warrant, in order to
effect a settlement of
the case.
TIMELINE
30 days 1
st
level courts
60 days 2
nd
level courts
Where a settlement is reached, the parties
immediately comply with the agreement. This
usually happens if the dispute involves money
claim and the defendant opts to pay the sum in
full at once. In this event, the parties through
their counsel may choose to submit a
manifestation on the satisfaction of claims and
mutual withdrawal of the complaint and
counterclaim. The judge could then dismiss the
case based on this fact.
Where the parties agree to settle and comply in the
future and compliance of the settlement is for
compliance at some future date, then a compromise
agreement is secured.
In the criminal cases covered by mediation, where
settlement on the civil aspect has been reached but the
period of payment in accordance with the terms of
settlement exceeds 1 year, the case may be archived
upon motion of the prosecution with concurrence of
the private complainant and approval by the judge.
If there is no settlement reached after the
JDR, the judge issues an order returning the
case to the Office of the Clerk of Court for
raffling and the clerk raffles the case to
another judge who will conduct the pre-trial
proper and trial until the case is decided.
A copy of the order referring the case to the
Office of the Clerk of court raffle should be
furnished the Philippine Mediation Center for
statistical purposes.