Overview of the

JDR PROCESS
STAGES AND SKILLS

Judge Delilah Gonzales-Muoz

MTC., La Trinidad, Benguet
 Session Objectives:

1. Identify/ extract the stages of the

JDR process and describe the
outcomes of each phase;

2. Surface concerns and issues that

may arise in the conduct of JDR
and get a handle on how these
can be addressed.
 Preparations:

1. Knowledge - The JDR Judge must

have read the case before hand
2. Ambiance create neutral
atmosphere, remove distractions
3. Attitude the attitude /mood of the
Judge during the JDR session matters
4. Time Do not hurry; give enough
time for the JDR process to take its
course
Stages of the JDR Process:

Opening Statement by the JDR Judge

Statement of Facts by the Parties

Negotiation

Settlement

Closure
JDR PROCESS:

Statement
Opening
by the Negotiation Settlement Closure
Statement
Parties
1. Opening Statement by the JDR Judge

Introductions

Purpose / Goal of JDR sell JDR to

the parties

Expectations

Set the Ground Rules

Concerns or issues that may surface during
the Opening Statement:
1. Lack of understanding about the process

2. Unresponsive or uncooperative parties

3. Encourage the parties to ask questions

about their concerns.

4. Counsel of one of the parties is absent.

2. Statement of Facts by the
Parties
Remind the parties to tell their story in a
respectful manner, no name-calling, no
interruptions.
Plaintiff being the one who initiated the
complaint, allow him/her to speak first,
then followed by the defendant.
Encourage the other party to listen.
JDR Judge should be attentive to the facts
as narrated by the parties (active listening).
Concerns or issues that may surface during
the Statement of Facts by the Parties

1. Parties become too emotional.

2. A party is always interrupting, making
comments or showing faces.
3. Parties refuse to speak or participate.
4. A party cannot speak in English or in the
dialect understood by the JDR Judge or
by the other party.
5. Party insists that they just go to trial.
 3. Negotiation

A process, a tool, a pathway to conflict

resolution
Usually, parties are position-oriented
Encourage mutual information gathering
and clarification process
Generate options and assess their viability
Develop common grounds and explore
the parties interests towards settlement
Assist the parties to discover their shared
interests and bring them to the ZOPA.
 Concerns or issues that may surface
during the Negotiation

1. Impasse/Deadlock occurs
2. Clash of emotions and personalities
3. Exhaustion of available options for
settlement
4. Parties are resistant or uncooperative
5. Parties prefer litigation
 4. Settlement

Settlement Agreement:
1. Not contrary to law, public morals, public
policy and good customs

2. Acceptable, fair, clear, achievable

3. Signed agreement for approval of the court

4. Brings closure to the case

Concerns and Issues during Settlement

1. Parties change their minds about

settlement
2. Do-ability of terms of settlements
3. If civil aspect is settled, what happens
to the criminal aspect?
4. What if a party fails to comply with
his/her undertaking under the
settlement agreement?
 5. Closure

No Settlement:

1. JDR is terminated

2. Case goes to trial