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Alternative Dispute Resolution

The document summarizes court-annexed mediation, judicial dispute resolution, and the Philippine Mediation Center in the Philippines. It discusses the background and guidelines for court-annexed mediation established by the Supreme Court to help decongest court dockets and improve access to justice. The mediation process involves mandatory referral of eligible cases to mediation centers. If mediation succeeds, a settlement is filed with the court; if it fails, the case returns to the normal litigation process. Mobile mediation programs also help underserved areas. The document outlines the organization and functions of the Philippine Mediation Center Office, which oversees the country's court-annexed mediation programs.

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Jill Lea
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207 views

Alternative Dispute Resolution

The document summarizes court-annexed mediation, judicial dispute resolution, and the Philippine Mediation Center in the Philippines. It discusses the background and guidelines for court-annexed mediation established by the Supreme Court to help decongest court dockets and improve access to justice. The mediation process involves mandatory referral of eligible cases to mediation centers. If mediation succeeds, a settlement is filed with the court; if it fails, the case returns to the normal litigation process. Mobile mediation programs also help underserved areas. The document outlines the organization and functions of the Philippine Mediation Center Office, which oversees the country's court-annexed mediation programs.

Uploaded by

Jill Lea
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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COURT-ANNEXED MEDIATION, JUDICIAL DISPUTE

RESOLUTION AND THE PHILIPPINE MEDIATION


CENTER
Eulogia M. Cueva
Member, ADR Department
Professor II, Philippine Judicial Academy
I.

BACKGROUND
AM No. 01-10-5-SC-PHILJA (Oct 16, 2001)
SC prescribed guidelines, rules and
standards
Complement the regular judicial
processes as added reform measures in
line with the APJR, intended to:
o Assist the courts in decongesting
court dockets
o Open more opportunities for
access to justice
o Enhance the effective
implementation of the Pre-Trial
Rule under Rule 18 and issuances
of the Court on the new Guidelines
for Judges and Clerks of Court in
Pre-Trial Procedure
o Enhance the use of the Modes of
Discovery Procedure

COURT-ANNEXED MEDIATION
o

Process of settling disputes with the assistance of an


acceptable, impartial and neutral third party called a
mediator.

The mediator, acting as an Officer of the Court 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.
CAM simply means mediation proceedings conducted
after the auspices of the court since the cases subject of
the mediation process are already filed in court.

CAM MECHANISM encompasses:

Court Annexed Mediation (CAM)


Appellate Court Mediation (ACM)
Judicial Dispute Resolution (JDR)
Mobile Court-Annexed Mediation (MCAM)

COVERAGE OF MEDIATION
a) All civil cases, settlement of estates and cases covered by
the Rule on Summary Procedure, except those which by
law may not be compromised;
b) Cases cognizable by the Lupon Tagapamayapa under
Katarungang Pambarangay Law;
c) Civil aspect of Batas Pambansa Blg 22 cases;
d) Civil aspect of quasi-offenses under Title 14 of the RPC;
e) Civil aspect of estafa and libel cases where damages are
sought (Sec 9, Rule 141 on Legal Fees); and
f) Simple theft under Art. 308, pars. 3 & 8 of the RPC.
The referral of mediatable cases to the PMC Units by the
courts is MANDATORY and the mediation process is a part of
pre-trial.
MEDIATION PROCESS IN CAM
1. The mediation process in court-annexed mediation is a
part of pre-trial.
a. (A.M. No. 01-5-SC-PHILJA)

b. (AC No. 20-2002, dated April 24, 2002)


2. The referral of mediatable cases by trial courts is
mandatory.
a. (AC No. 20-2002, dated April 24, 2002)
3. Upon appearance of the parties (with or without counsel)
during the Pre-Trial, in any of the mediatable cases, the
court shall immediately issue an order directing the
parties to proceed to the PMC Unit for initial mediation
conference.
4. Non-appearance of any of the parties without any
justifiable reason, upon being directed to appear before
the Mediator, proper sanctions shall be imposed upon
the defaulting party.
5. In the event that mediation succeeds, the Mediator shall
immediately submit to the court any of the following:
a. Compromise Agreement duly signed by the
parties and counsel if any; or
b. A written Motion jointly submitted by the parties
praying for the dismissal of the counterclaim; or
c. A Manifestation filed by the Plaintiff informing the
court that the claim subject of the Complaint has
already been satisfied.
6. However, if mediation fails, the Mediator is under
obligation to return the case to the court with dispatch
informing it that mediation has failed that appropriate
proceedings continue.
MOBILE COURT-ANNEXED MEDIATION

The MCAM Program which is a component of the Justice on


Wheels Program of the Supreme Court, initiated by Chief
Justice Reynato S. Puno upon recommendation of the
Committee on Justice on Wheels chaired by Supreme
Court Justice Consuelo Ynares Santiago, was launched in
the provinces of Rizal and Bulacan sometime in August
2007.

Since its inception, the Mobile CAM has so far reached the
provinces of Cebu, Davao, Cavite and Leyte. So far, the
program has accomplished significant and commendable
results in not only reducing the dockets of court, but more
importantly, it broadens access to justice for the
marginalized and the underprivileged sector in our society.
The Justice on Wheels Project is one of the major
initiatives of this court under its Action Program for Judicial
Reforms (APJR).
It seeks to improve access to justice by the poor and
marginalized sectors, encourage the speedy disposition of
cases through the use of alternative means of disputes
resolution and provide affordable judicial services, through
the operation of the mobile courts.
The JOW project also fully supports the ADR mechanisms.
This is the reason why the mobile court is equipped with a
mediation room where cases may be settled with terms
acceptable to all parties concerned.
In the unclogging of court dockets, MCAM Program has
been found to be one of the expeditious modes of ADR.
The Technical Working Group on Mobile Court-Annexed
Mediation (TWG-MCAM) reported the results of MCAM in
Rizal and Bulacan are encouraging, with approximately
90% of the case mediated have been settled.

JUDICIAL DISPUTE RESOLUTION (JDR) Process


2002

Canadian International Development Authority (CIDA)


helped develop the Justice Reforms Initiative Support
(JURIS) Project.
o In support of the APJR program embarked by
the Supreme Court in 2001.

The project seeks to address certain elements of the


APJR, among others:
o To strengthen and promote the use of
mediation and other ADR, instinctively, to
decongest court dockets.
o To improve access to justice particularly,
among the poor.
o Strengthen the capacity of PHILJA to plan,
design and deliver education programs for
judges and court personnel related to
mediation/ADR.
The JDR Project carries CAM a step further:
o By having the JDR (Pre-Trial) Judge undertake a
second attempt to settle disputes amicably
after CAM conducted before the PMC Unit,
failed.
o At this stage, the JDR (Pre-Trial) Judge actively
participates in his role as a
Conciliator
Early Neutral Evaluator and
Eventually, a Mediator
The JDR (Pre-Trial) Judge resumes the Pre-Trial process
in accordance with the Guidelines for the
Implementation of an Enhanced Pre-Trial through
Conciliation and Early Neutral Evaluation, in relation
to Sec. 2, Rule 18 of the Rules of Court and other
issuances of the Supreme Court on Pre-Trial.
However, if parties still reject mediation, the JDR (PreTrial) judge terminates the Pre-Trial process. A Pre-Trial
Order is issued stating in details matters required to be
included under Section 7, Rule 18, Rules of Court.
Confidential information or documents obtained by the
judge in the course of mediation/ conciliation are
excluded.
The same order shall also mention that the mediation
processes in CAM and JDR, failed.

Then, the court proceedings resume before the


appropriate branch of the court in accordance with the
guidelines set by the Supreme Court, in A.M. No 04-112 Supreme Court.

THE PHILIPPINE MEDIATION CENTER OFFICE


I.

II.

INTRODUCTION
October 16, 2001
A.M. No. 01-10-5 SC-PHILJA
A.M. No. 08-2-5-SC-PHILJA
February 12, 2008
THE PHILIPPINE MEDIATION CENTER OFFICE
Responsible for the development, expansion,
implementation, monitoring and sustainability of SC
ADR mechanisms, namely:
Court-Annexed Mediation (CAM)
Appellate Court Mediation (ACM)
Judicial Dispute Resolution (JDR)
Mobile Court-Annexed Mediation (MCAM)
Eventually, Court-Annexed Arbitration (CAA)
Other ADR mechanisms

III.

Tasked with the organization of the PMC Units as it


may deem necessary throughout the country.
Shall be under the operational control and supervision
of PHILJA, in coordination with the Office of the Court
Administrator through the Executive Judges (A.M. No.
01-10-5-SC-PHILJA, 16 Oct. 2001)

ORGANIZATIONAL STRUCTURE
The Philippine Mediation Center Office shall be composed
of:
o Executive Committee
o PHILJA Chief of Office for PMC
o PHILJA Assistant Chief of Office for PMC
o Central Office
o Mediation Center Units

V.

IV.

POWERS AND FUNCTIONS OF THE PMC OFFICE


Develop and promulgate rules and regulations that it
may deem necessary subject to the approval of the
Supreme Court, upon recommendation of the
Executive Committee and the PHILJA Board of
Trustees;
Implement in coordination with the Office of the
Court Administrator, rules and policies of the
Supreme Court on ADR mechanisms, namely, CAM,
ACM, JDR, MCAM, and eventually CAA and other ADR
mechanisms;
Establish such PMC Units as may be necessary;
Provide a system for the recruitment, screening,
training and accreditation of Mediators;
Provide a grievance mechanism and procedure for
addressing complaints against Mediators and PMC
Unit Staff;

Monitor and evaluate the performance of Mediators,


such as, in settling disputes and in observing the
Code of Ethical Standards for Mediators, upgrade
their mediation skills and oversee their further
development. Such evaluation shall be the basis for
the renewal of their accreditation as Mediators;
Promote and sustain the programs and activities of
CAM, ACM, JDR, MCAM, and eventually CAA and other
ADR mechanisms;
Call on any government agency, office
instrumentality, commission or council to render such
assistance as may be necessary for the efficient
performance of its functions; and,
Exercise such other functions necessary in
furtherance of its mandate.

THE PMC OFFICE FUNDS


SC-PHILJA-PMC-Mediation-Trust Fund (Special Fund)
o Mediation fees collected and collectible
under Section 9, Rule 141 of the Rules of
Court, as amended, and all income
therefrom
o Administered and disbursed in accordance
with existing guidelines approved by the
Court
o All revenues of the PMC Office from sources
other than the mediation fees collected and
collectible under Rule 141 shall form part of
its Special ADR Fund (SAF) which shall be
administered and disbursed by PHILJA in
accordance with the existing guidelines
approved by the Supreme Court.
o With the approval of the Court, PHILJA may
receive for the PMC Office, funds in the form
of grants or donations, from foreign or local
institutions or individuals, for the promotion

and development of CAM and other ADR


mechanisms.
Today, there are:
13,000 accredited mediators
900 PMC units
6 JDR sites Bacolod, San Fernando
Pampanga, Baguio City, Cagayan de
Oro, Makati, Manila

6 EJOW buses
83,000 cases CAM
90% success rate in MCAM
84% success rate in JDR
64% success rate in CAM
67% success rate for appellate court
mediation

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