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FREQUENTLY ASKED QUESTIONS

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 the
judge. 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 ommunication. You will have 30 days for the
proceedings, extendible to another 30 days.
As a litigant, how do I prepare for mediation?
Consult your lawyer for a thorough briefing on mediation and how it will affect
your case. Have all the necessary documents regarding your case at hand. Be
ready to confront possibly deep-seated issues at the heart of the dispute.
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.
What will happen if the other party does not comply with the agreement
reached?
You must inform the court that approved the compromise agreement
immediately
for them to issue an order to comply. Sanctions will be imposed for
noncompliance.
The aggrieved party may also apply for a writ of execution.
What do I do if the mediation proceedings are leaked to the press?
Since mediation proceedings are confidential, violations made by either party or

even the mediator will be sanctioned.


Where can I learn more about mediation?
Your lawyer may be one of your best resources on mediation. The Philippine
Mediation Center may have additional information. Mediation is a global
experience and can also be researched extensively on the web.
FREQUENTLY ASKED QUESTIONS
What is mediation?
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?
1. 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.
2. Cases cognizable by the Lupong Tagapamayapa under the Katarungang
Pambarangay Law such as disputes between neighbors of the same
barangay over property.
3. The civil aspect of Batas Pambansa 22, which covers the debts paid
through bouncing checks.
4. 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?
Cases which cannot be compromised are not included, like legal separation or
annulment of marriage.
Can I or the other party refuse mediation?
No. Once the court determines that your case is mediatable, the parties are
compelled to appear before the Philippine Mediation Center (PMC) unit. If the
complainant fails to appear for mediation, the case may be dismissed. If the
defendant is absent, the complainant may be allowed to present their side in
court without you. The court will then decide the case on the basis of what was
presented.
How will I benefit mediation?
Mediation has been proven to be a faster and certainly less expensive option for
settling disputes. Settlements have occurred in as little as one or two mediation
sessions.
Mediation also provides for a fair resolution of your case. By jointly resolving the
dispute, both parties can come up as winners. But best of all, mediation has
been
proven to restore relationships long disrupted by conflict. The process of

mediation tackles the roots of misunderstanding to help parties resolve their


differences.
Where did this idea come from?
Mediation is rooted in our historical experience, in the time when disputing
parties
would bring their conflict to the village elder for settlement. As a system,
mediation can be found in many indigenous cultures.
Does mediation replace the barangay system of justice?
No. Court-annexed mediation actually complements the Barangay Justice System
(Katarungang Pambarangay), probably the most familiar mode of mediation in
the country, in bringing a speedy and fair resolution to disputes. In this system,
the barangay leaders act as mediators between disputing parties within their
constituency. The Barangay Justice System attempts to prevent the case from
even going to court. Court-annexed mediation begins when there is a failure to
mediate in the barangay level resulting in the filing of the dispute in court.
Mediation attempts to resolve the dispute without going into adversarial
proceedings. Courts will actually dismiss certain cases which have not passed
through the Katarungang Pambarangay.
How effective is mediation?
In the pilot project on mediation conducted by the Philippine Judicial Academy
(PHILJA), 85% of cases referred for mediation reached settlement. Surveys
conducted after mediation also revealed a high level of satisfaction among
disputing parties in the outcome of their case. Close to 100% of the parties
involved complied with the agreement reached in mediation.
How long will mediation take?
Parties are given 30 days for mediation sessions. The period may be extended to
another 30 days to allow you to reach a compromise agreement.
How much will it cost me?
A mediation fee of P500.00 is collected by the Clerk of Court upon the filing of
certain pleadings in court. This fee will accrue to the Mediation Fund for the
training of mediators, payment of mediators fees and other operating expenses
of the Philippine Mediation Center (PMC). The fee will be collected upon the filing
of the following pleadings:
IN CIVIL CASES:
1. Complaint
2. Answer with a mediatable counterclaim
IN CRIMINAL CASES:
1. Complaint/information for an offense falling under the Katarungang
Pambarangay Law
2. Complaint/information for violation of Batas Pambansa 22, estafa and libel
where damages are sought
3. Complaint/information for quasioffenses falling under Title 14 of the
Revised Penal Code.
What happens when I cant afford mediation?
You can ask your lawyer to allow you to avail of court services as a pauper
litigant. If the court approves, then mediation is free.
How is the confidentiality and privacy of my case guarded in mediation?
Sessions are strictly private and confidential. This is to encourage the needed
openness and spontaneity for effective communication in mediation. The
mediator can not record the proceedings in any manner other than taking down
a
few personal notes for guidance. Even the trial court is not furnished these notes.
Any information from a mediation session is in fact inadmissible in court.

Mediators can not be subpoenaed to reveal what happened during these


sessions
either. All documents submitted by the parties will be returned to them after
mediation.
FREQUENTLY ASKED QUESTIONS
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 communication 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 2x2 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
can not 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. However, the mediator may ask for assistance from another accredited
mediator, only upon the disputing parties permission. The name of the
comediator 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 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 courtannexed
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 representative 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.
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 threemember 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.
MEDIATION IN THE COURT OF APPEALS
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
pilottest
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 appellate 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.
PHILIPPINEJUDICIAL 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 OFFICEOF THESUPREME COURT (SC-PIO)
Assists in the in formation, education and communication campaign program of
the project.
INTEGRATED BAR OF THEPHILIPPINES (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.
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 quasijudicial
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.
3. Special civil actions for certiorari, except those involving pure questions of
law.
4. 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.
5. 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?
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. 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.


4. 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.
5. Prepares the written terms of the compromise agreement that disposes of
the dispute in whole or in part.
6. May terminate mediation at any time if parties are not interested to settle.
7. 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.
8. 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.
9. 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.
PHASE1: 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.
PHASE2: 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.
PHASE3: 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. Decision
PHASE4: 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.
PHASE5: 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 nationwide.
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.
Are mediation proceedings admissible as evidence?
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.
GLOSSARY AND ABBREVIATIONS
AAO. Academic Affairs Office
AC. Administrative Circular
ADR. Alternative Dispute Resolution
Adjudication. Adjudication describes any form of formal dispute resolution
process I w hich the parties
litigate cases through the presentation of evidence and argument to a neutral
third party w ho has the

pow er to render binding decisions based on objective standards, rules or law s.


Adjudication is used in
many forums --- judicial (courts), administrative (tribunals), and arbitral (boards
of arbitration).
Adjudicative processes are rights-based and positional.
Alternative Dispute Resolution (ADR). ADR is a w idely used term referring to the
entire range of
dispute resolution options outside the traditional administrative, judicial or
legislative decision-making
process.
AM. Administrative Matter
APJR. Action Program for Judicial Reform
Arbitration. Arbitration is an adjudicative form of dispute resolution involving a
mutually acceptable
neutral third party (arbitrator) empow ered to make a decision on the merits
after an informal hearing that
usually includes presentation of evidence and oral argument. Arbitral decisions
are generally binding
and subject to limited judicial review . In exceptional cases, decisions are treated
as non-binding and the
right yo proceed to trial is preserved. Arbitration may be voluntary (by private
agreement) or
compulsory (by legislation or through a public court-annexed program). Instead
of a single arbitrator, a
panel (generally a tripartite board) may be used. Final offer selection is a version
of arbitration w here
the arbitrator chooses betw een best offers submitted by parties. Arbitration is
w idely used for labor
relations and commercial disputes.
BCC. Branch Clerk of Court
CA. Compromise Agreement
CAM. Court-Annexed Mediation
Caucus. A private session betw een the mediator and any one party in w hich the
mediator explores the
issues involved in the case and the options available to the parties to resolve the
matter. if the mediator
meets separately w ith one party, the mediator w ill almost alw ays then meet
separately w ith the other
parties to the mediation.
CIDA. Canadian International Development Agency
COC. Clerk of Court
Compromise Agreement. The settlement of a dispute by mutual concession.
When approved by the
court, the compromise agreement w ill have the force and effect of a court
decision. As such, the
compromise agreement may be enforced by the court through execution of
judgment.
Conciliation. Conciliation is a process in w hich a neutral third party (conciliator)
conveys information
betw een parties and attempts to improve direct communication betw een them.
The conciliator often
prepares a report that describes the scope of agreement and disagreement. The
role of a conciliator is

more passive than a mediator. Conciliaton is most often used in collective


bargaining disputes.
Conflict. Conflict is usually based upon a difference over goals, objectives, or
expectations betw een
individuals or groups. Conflict also occurs w hen tw o or more people, or groups,
compete over limited
resources and/or perceived, or actual, incompatible goals.
Conflict Resolution. A process of resolving a dispute or disagreement.
Consensus. A mutually acceptable agreement that takes into consideration the
interests of all
concerned parties. An agreement reached through consensus may not satisfy
each participants
interests equally or receive a similar level of support from all participants.
Court-Annexed Mediation (CAM). Court-annexed mediation is a voluntary process
w herein the
court may advise parties to submit their case for mediation so that hey may be
assisted by neutral party
to facilitate their discussions or negotiations tow ards a w orkable solution to the
problem. The parties
maintain their rights to proceed to trial if mediation fails. Any settlement that is
reached becomes a
judgment of the court.
DMC. Design and Management Committee
DS. Daily Supervisor (Mediation Unit)
Early Neutral Evaluation (ENE). Early Neutral Evaluation is a non-binding process
in w hich a neutral
third party (facilitator) manages the discussion betw een parties that are
attempting to reconcile
divergent view s and reach agreement on issues or tasks. Facilitation is used in a
w ide variety of
settings including management meetings and public consultations.
EJ. Executive Judge
ENE. Early Neutral Evaluation
Fact-Finding. Fact-finding is a process by facts relevant to a controversy are
determined by a
designated person and a resolution of issues recommended or determined.
Parties decide in advance to
treat the results as conclusive or advisory. If advisory, fact-finding is sometimes
referred to as non- binding arbitration. The fact-finder may be a neutral third
party or an expert in a relevant field. The factfinder
may be jointly selected by parties or provided by a public body. Fact-finding may
be used as part
of a broader dispute resolution process such as negotiation, mediation, or
arbitration. It is often used to
gather information regarding public sector collective agreements and to address
scientific or technical
issues.
GC. Grievance Committee
IBP. Integrated Bar of the Philippines
JDR. Judicial Dispute Resolution
JPSC. Joint Project Steering Committee
JRO. Judicial Reforms Office
Litigation. Litigation is a formal, rights-based adjudicative process that depends
on each party

advancing position, presenting evidence, and making arguments before a neutral


third party decisionmaker.
Litigation is used in trial and hearings.
Mediation. Mediation is a process of assisted negotiation that relies on a neutral
third party (mediator)
to help parties reach a mutually agreeable resolution. Participation by the parties
may be voluntary (by
private agreement) or mandatory (through a public program such as courtannexed mediation). Whether
attendance is voluntary or mandatory, settlements are consensual; the mediator
has no authority to
impose result. Settlements reached through mediation are binding upon the
parties. Forms of mediation
include evaluative, problem-solving, facilitative, transformative, and therapeutic.
Mediation/Arbitration (MED/ARB). Med/Arb is a process in w hich parties agree
that mediation w ill be
follow ed by arbitration of unresolved issues. In med/arb the same neutral third
party generally perform
both roles. Med/Arb is becoming increasingly popular in the lbor-relation area.
the reverse (Arb/med) is
also used in some circumstances.
Mediation Conference. A discussion among the disputing parties, their counsel,
and the mediator, to
explore options for settling a dispute.
Mediator. Mediators are trained individuals w ho w ill attempt to assist the parties
to reach a mutually
acceptable resolution of their dispute.
MeTC. Metropolitan Trial Court
MIMC. Monthly Inventory of Mediatable Cases
Mini-Trial. A mini-trial is flexible tw o-stage process in w hich a counsel presents a
summary version of
each case to business representatives of each side w ho then attempt to
negotiate a settlement. A
neutral third party may facilitate the information exchange. The neutral third
party may also mediate
during the settlement negotiations and may provide an advisory opinion on the
potential court outcome.
MTC. Municipal Trial Court
MTCC. Municipal Trial Court in Cities
Negotiation. Negotiation is a process in w hich parties communicate directly or
indirectly for the
purpose of reaching an agreement. Approaches to negotiation include
competitive, cooperative, and
integrative. Negotiation may be based on pow er, rights, or interests. Negotiation
may be conducted by
parties themselves or by agents.
NJI. National Judicial Institute of Canada
OCA. Office of the Court Administrator
OCC. Office of the Clerk of Court
OIC. Officer-in-Charge
PHILJA. Philippine Judicial Academy
PJ. Presiding Justice/Judge
PMC. Philippine Mediaton Center
PMFI. Philippine Mediation Foundation, Inc.

Pre-Trial Conference. Pre-Trial Conference, a conference held after the pleadings


have been filed
and before the trial begins, for the purpose of bringing the parties together to
outline discovery
proceedings and define the issues to be tried. Courts often use the pre-trial
conference as an
opportunity to encourage settlement.
RTC. Regional Trial Court
SC. Supreme Court
SC-PIO. Supreme Court Public Information Office
SC-PMO. Supreme Court Program Management Office

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