DAVAO BIR EMPLOYEES MULTI-PURPOSE COOPERATIVE, INC.

BIR Bldg., Bolton Extension, Davao City

Implementation Guidelines for

Conciliation-Mediation of
Davao BIR Employee Multipurpose
Cooperative (DABIREMCO)

Address: BIR Bolton Extension, Davao City

Date: October 15, 2018

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 DAVAO BIR EMPLOYEES MULTI-PURPOSE COOPERATIVE, INC.
Revenue Region 19, Davao city

OPERATION MANUAL, POLICIES, SYSTEM AND PROCEDURE FOR CONCILIATION-

MEDIATION

Section 1. DECLARATION OF PRINCIPLES - The Conciliation- Mediation Process shall be conducted in

accordance with the following basic principles (and universally accepted cooperative principles):

a) Subsidiarity - all disputes shall be resolved amicably at the Primary Cooperative level;

b) Confidentiality - no transcript of the proceedings shall be taken during the conciliation -

mediation process and that all notes and admissions of the parties shall be inadmissible
in any other proceedings;

c) Speedy Inexpensive Conciliation- Mediation Process - no technical rules of evidence shall

be applicable during the proceedings;

d) Flexibility - the Conciliation-Mediation Committee, Conciliation-Mediation Coordinator

and any other party involved in the process shall be vested with ample discretion to
conduct the same and to pursue whatever Conciliation-Mediation options as agreed upon
by the parties.

e) Liberal Construction - these guidelines shall be liberally construed in favor of attaining the
paramount objective of amicably settling disputes at the lowest level;

f) Independence and Autonomy - the members of the Conciliation-Mediation Committee,

the Conciliation-Mediation Coordinators and Conciliator-Mediators shall be insulated
from all types of external influences and pressures;

g) Accessibility -the process is open to all disputants desirous of resolving their disputes
and/or problems amicably CDA recognizes the need to make justice accessible as widely
as possible to all members of the cooperative;

h) Voluntariness - submission to the Conciliation-Mediation Process shall be completely

voluntary.

Section 2. Scope — These Guidelines shall govern the administration and operation of the
conciliation-mediation process, provided that nothing in these Guidelines shall preclude the
parties from seeking other modes of amicably settling the dispute, and provided further
that Conciliation-Mediation shall not prevent the cooperative from implementing sanctions
and penalties against violations of its rules and regulations.

Section 3. Coverage — All cooperative disputes and issues between and among cooperative
members, board of directors, committee/member, other officers, employees, clients and/or
beneficiaries of the cooperative.

Section 4. Definition of Terms. As used in these guidelines, the following terms shall mean:

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 a) Conciliation is a process whereby a neutral third party takes a vigorous and
active role in assisting disputants formulate solutions in order to reach an
amicable settlement.
b) Mediation is a process whereby neutral third-party facilitates the
negotiation between disputing parties to reach a voluntary, mutually
satisfactory outcome.
c) Conciliator-Mediators- A qualified individual who provides conciliation-
mediation services.
d) Conciliation-Mediation Committee Coordinator -A member of the
management staff designated by the General Manager serving as liaison to
the Committee and disputants.
e) Pool of Conciliator-Mediators -A group of Conciliator-Mediators recognized
by the Cooperative Development Authority (CDA).
f) Conflict Coaching is a stage in the conciliation-mediation process, the
objective of which is to clarify the issues and interests of each party.
g) Certificate of Non-Settlement is a document issued by Primary Cooperative
or Union/Federation Conciliation-Mediation Committee in case of failed or
refused Conciliation-Mediation.
h) Certificate of Non-Resolution is a document issued by the CDA in case of
failed or refused Conciliation-Mediation.
i) Failed Conciliation-Mediation is a situation where no settlement is reached
by the disputants after the conflict coaching has started.
j) Refused Conciliation-Mediation is a situation when one or both parties
refused to enter Conciliation-Mediation or failed to appear despite notice
or despite signing of the Agreement to Conciliate-Mediate.
k) Conciliated-Mediated Settlement Agreement is written agreement
following successful conciliation-mediation proceedings prepared and duly
signed by the parties with the assistance of the Conciliator-Mediator.
l) Party of interest is any member, officer, committee or cooperative who
stands to be benefited or injured by the settlement agreement.

Section 5. The Conciliation-Mediation Committee Composition, Qualification, Terms of

Service and Functions

a. Composition. The Committees shall be composed of three (3) members

appointed by the Board of Directors in accordance with the cooperative by-laws.
The Committee shall elect from among themselves, the Committee Head,
Assistant Head and Secretary.
b. Qualifications. Any member in good standing is qualified to become a member of
the Committee, provided one is not an officer of the Cooperative.
c. Terms of Service. Members of the Committee shall serve for two (2) years, or
until their successors shall have been appointed and qualified. In case of vacancy,
the Board shall fill the vacancy by appointing qualified member or as may be
provided by the cooperative by-laws.
d. Functions. The Committee shall have the following functions:
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 a. Formulate and develop the Conciliation-Mediation Program and ensure
that it is properly implemented;
b. Monitor Conciliation-Mediation operations (entry of new cases, status of
pending cases, performance of Conciliator-Mediators);
c. Submit semi-annual reports to the CDA within fifteen days after the end
of every semester;
d. Accept and File Evaluation Reports
e. Submit Recommendations for improvements to the BOD; and
f. Recommend to the board any member of the cooperative for
Conciliation-Mediation Training as Cooperative Conciliator-Mediator; and
g. Issue Certificate of Non-Settlement (CNS)

Section 6. Training and Education of Conciliator-Mediators. The Conciliator-Mediator shall

undergo a CDA approved training and education program and conform to set of criteria for
recognition prescribed by the CDA. The committee may recommend qualified Conciliator-
Mediator to the CDA’s pool of conciliator-mediator.

Section 7. Filing of the Complaint — Any member of the cooperative that has a complaint
constituting a dispute as stated in Section 2 of these Guidelines may file said complaint before
the Operation Officer or any member of the Conciliation-Mediation Committee.

A non-member may file a complaint before the Coordinator against those stated in
Section 2 of these guidelines, provided it is determined by the Conciliation-Mediation
Committee that the dispute, if remained unresolved, will directly affect the operations of the
cooperative.

However, if the complaint filed is against any member of the Conciliation-Mediation

Committee, the Board of Directors shall constitute among them a Conciliation-Mediation
Committee for that purpose.

Section 8. Contents of the Complaint. — The written complaint shall contain the name, civil
status, position in the cooperative, and address of the parties including a brief statement of
the issues being complained of.

Section 9. Preliminary Conference- The primary purpose of the preliminary conference is to

confirm the parties' interest to enter into conciliation-mediation. A Notice of conference
which states the venue, time and date of the conference, shall be in writing and signed by
the Conciliation/Mediation Officer.

If one or all parties does/do not appear in the scheduled conference, the Conciliator
shall send another Notice for another scheduled conference. Failure to appear, without valid
cause shall be construed as Refused Conciliation-Mediation. Hence, a Certificate of Non-
Settlement shall be issued.

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Section 10. Order of Conciliation-Mediation Proceedings

PROCESS DEFINITION FORMS PERIOD PARTIES INVOLVED

The Complainant/s or any party-in-
interest shall file the complaint before
Mediation Request Upon Indorsement of
a. Filing of Complaint the operation officer of the cooperative or Requesting Party
Form (MRF) Case/Complaint
any member of Concilation-Mediation
Committee.

b. Issuance of Notice of The Conciliation/Mediation Officer shall

5 days upon receipt of Concilation/Mediation
Concilation/Mediation issue a Notice of Conciliation/Mediation Notice for Mediation
MRF Officer
Conference Conference to the parties.

1. Agreement to
1. Concilation/Mediation
c. Conduct of During the conference, the Mediate
w/in 10 days from the
Conciliation/Mediation Conciliation/Mediation Officer shall 2. Settlement / 2. Requesting Party
date of Notice
Conference encourage the parties to mediate. Agreement Form 3. Repondent
3. Evaluation of 4. Co-Maker
The Conciliation/Mediation Officer may
1. Concilation/Mediation
initially meet with the disputants
separately in a conflict coaching session,
with the aim of clarifying their respective 2. Requesting Party
c.1 Conduct of Conflict issues and interests. The Done During the
Coaching Session Conciliation/Mediation Officer then Conference
proceeds to clarify the issues, facilitates 3. Repondent
to generate options and agree on the
options that best meet their needs and
4. Co-Maker
interests.

If FAILURE or NO APPEARANCE
of the Respondent during the
1st Conference

d. Issuance of Notice for Final The Conciliation/Mediation Officer shall

5 days from the Failed Concilation/Mediation
Concilation/Mediation issue a Notice of Final Conference to the Notice for Mediation
Preliminary Conference Officer
Conference parties.
1. Agreement to
1. Concilation/Mediation
Mediate
e. Conduct of the Final The call for Final Conference will only be
2. Settlement / w/in 10 days from the 2. Requesting Party
Conciliation/Mediation upon failure on the 1st
Agreement Form date of Notice 3. Repondent
Conference Mediation/Conciliation Conference.
3. Evaluation of
4. Co-Maker
Mediation
The Conciliation/Mediation Officer may 1. Concilation/Mediation
initially meet with the disputants
separately in a conflict coaching session, 2. Requesting Party
with the aim of clarifying their respective
e.1 Conduct of Conflict issues and interests. The Done During the 3. Repondent
Coaching Session Conciliation/Mediation Officer then Conference
proceeds to clarify the issues, facilitates
to generate options and agree on the
4. Co-Maker
options that best meet their needs and
interests.

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 PROCESS DEFINITION FORMS PERIOD PARTIES INVOLVED

If the conciliation/mediation is not

successful, the Conciliation-Mediation
Committee shall issue a Certificate of
Non-Settlement.The Certificate of Non-
Settlement is necessary for the dispute to
be referred by the Conciliation-Mediation
Committee to the following options
subject to Board of Director's
recommendation:
F. Indorsement 1. The Co-Maker(s) to shoulder for the Certificate of Non- w/in 5 days upon
Concilation/Mediation
unpaid balance of the delinquent Settlement failure of
Officer
member. Conciliation/Mediation
2.. The Office of the Civil Service Conference or upon the
Commission/Ombudsman for the date of failure to
imposition of appropriate sanctions. comply on the
Under Section 22(i), Rule XIV of Agreement/s.
the Omnibus Rules Implementing Book V
of Executive Order No. 292, as amended
by Civil Service Commission (CSC)
Memorandum Circular No. 19, series of
1999, Willful Failure to Pay Just Debts
constitutes a light offense penalized by
reprimand on the first offense,
suspension for one (1) to thirty (30) days
on the second offense, and dismissal on
the third offense.
3. Small-claims Court or legal officer for
collection. ( Provisional remedy:
Attachment of properties whether real or
personal properties upon the
recommendation of the Board of
Directors.)
4. The Federation or Union Level; or

5. Other Alternative Dispute Resolution

(ADR) providers for arbitration, private
Conciliation-Mediation, counselling,
social services, etc., at the parties option.

Section 11. Validity of Certificate of Non-resolution. The Certificate of Non-resolution shall

be valid for one hundred twenty (120) days from the date of its issuance.

The issuance of Certificate of Non-resolution shall be non-appealable.

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Section 12. Nature of Conciliation/Mediation Proceedings - The proceedings and all
incidents thereto shall be kept strictly confidential, unless otherwise specifically provided
by law. All admissions or statements made therein shall be inadmissible for any purpose in
any proceeding, nor divulgence to any other third person.
Any communication made by one disputant to the Conciliation/Mediation Officer,
either during conflict coaching or at any time during the Conciliation-Mediation
proceedings, which are not intended to be known by the other party or by anyone shall not
be divulged. Documents, reports, position papers and affidavits submitted by one disputant
must not be shown to the other without the consent of the former.

Both parties shall not rely or introduce as evidence in any other proceeding, the
following:

a) Views expressed or suggestions made by the other disputant in respect of a

possible settlement of the dispute;
b) Admissions made by either disputant in the course of the proceedings;
c) The fact that the other disputant had indicated his willingness to accept a
proposal for settlement.

No transcript, minutes or any record of the Conciliation-Mediation proceedings shall

be taken. Any personal notes taken by the Conciliation/Mediation Officer on the
proceedings shall be destroyed after the termination of the proceedings. Such transcript,
minutes or notes shall be inadmissible as evidence in other proceedings.

The Rules of Evidence shall not apply to the proceedings.

Section 13. Duration of the Conciliation-Mediation Proceedings — The conciliation

mediation proceedings must be completed within three (3) months from the request
thereof.

Section 14. Failure of Conciliation-Mediation — The conciliation-mediation proceedings

shall be declared as failed under the following circumstances:

a) When no settlement is reached by the parties within 60 days from the start of
the conflict coaching;
b) When any or both of the parties of the conciliation-mediation decide to
terminate the proceedings if, ones judgment, further efforts at Conciliation-
Mediation are unlikely to lead to a resolution of the dispute.

Section 15. Repealing Clause — This policy modifies Section 7 & 8 of the Article V. Any
other guidelines, policy, regulations and/or part thereof contrary or inconsistent with the
provisions of this Act is hereby repealed, modified and amended accordingly.

Section 16. Separability Clause — If for any reason or reasons, any portion or
provision of these Guidelines shall be held unconstitutional or invalid, all other parts
or provisions not affected shall remain in full force and effect.

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Section 17. Effectivity — These Guidelines shall take effect upon approval by the
Board of Directors and fifteen (15) days after ratification in the General Assembly.

Section 18. CON-MED Structure

BOD CONCILIATION &

MEDIATION COMMITTEE
(CMC)

DABIREMCO
CMC HEAD
Operation Officer

CMC ASST. HEAD

CMC SECRETARY

REQUESTING RESPONDING
PARTY PARTY

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 CONCILIATION – MEDIATION PROCESS FLOW

COOP
Operation Officer/Con-Med Committee
Receives complaint

Issuance of Notice for

Con-Med Conference

Conduct Con-Med Conference /

Coaching Session

SUCCESSFUL FAILED

COMPLIED Accomplish Settlement / Issuance of Notice for Final

(Successful) Agreement Form Con-Med Conference

FAILED Conduct Final Con-Med Conference /

Coaching Session

Indorsement FAILED SUCCESSFUL

Accomplish Settlement /
BOD Agreement Form
DECISION

FAILED COMPLIED
Co-Makers (Successful)

Office of the
CSC/Ombudsman

Small-claims
court

Union/Fed

Other ADR
providers
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 Section 19. Forms Needed

DAVAO B.I.R. EMPLOYEES MULTIPURPOSE COOPERATIVE

BIR Bldg., Bolton Extension, Davao City
Contact Number: 224-1526

AGREEMENT TO MEDIATE
The undersigned parties agree to mediate the dispute within thirty (30) days from the date of the
initial mediation session.

By my signature below, I attest, understand, and agree that:

1. I choose mediation VOLUNTARILY – out of my own free will.

2. I intend to settle my differences with the other party using a collaborative method.
3. I, the other party or the Mediator may stop the mediation at any point for any
reason. Upon termination of the mediation process, I may still pursue my case through
arbitration and litigation.
4. I am entering mediation in good faith and I shall make my mediation proposals in
earnest.
5. If I reach an agreement through the mediation process, I bind myself legally to
fulfill my commitments.
6. I may return to mediation as agreed by the other party, should a change in the
mediation agreement be needed.
7. I agree not to use any of the information gained in the mediation session against
the other party.
8. The mediation process is strictly confidential, and that no part of the discussion
with the mediator, excluding child abuse and domestic violence, threats of violence, or
intention to commit a crime, shall be disclosed without prior approval of the mediator or
the pertinent parties.
9. I shall not ask or cause the mediator to testify in any court proceedings to
disclose any information revealed in mediation.
10. I have the full authority to commit resources to an agreement, which may result
from mediation.

PARTY A: PARTY B:

___________________________________ ___________________________________
Signature over Printed Name Signature over Printed Name

___________________________________ ___________________________________
Name of Primary/Federation/Union Name of Primary/Federation/Union
___________________________________ ___________________________________
Representative’s Designation Representative’s Designation

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PARTY C: PARTY D:

___________________________________ ___________________________________ ___

Signature over Printed Name Signature over Printed Name

___________________________________ ___________________________________ ___

Name of Primary/Federation/Union Name of Primary/Federation/Union
___________________________________ ___________________________________ ___
Representative’s Designation Representative’s Designation

ATTESTED BY:

_________________________________________
Mediator / Mediation Coordinator
Signature over Printed Name

* Should representatives appear for principal parties,

notarized Special Power of Attorney and Board
Resolution stating that representative/s have the full
authority to enter into mediation and signed
agreements must be submitted.

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 DAVAO B.I.R. EMPLOYEES MULTI-PURPOSE COOPERATIVE
BIR Bldg., Bolton Extension, Davao City
Contact Number: 224-1526

MEDIATION REQUEST FORM

( Complaint Form)
Request Reference No.
Name of Requesting Party Age Sex Status

Address Occupation

Landline No. Mobile No. Email Address

Designation in the Cooperative

Name of Responding Party/ies Occupation

Designation in the Cooperative

SPECIFY REASON FOR THE REQUEST

_________________________________
Signature over print of requesting party

Date: ____________________________
Assisted by: _______________________________
Date: _______________________________

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 DAVAO B.I.R. EMPLOYEES MULTIPURPOSE COOPERATIVE
BIR Bldg., Bolton Extension, Davao City
Contact Number: 224-1526

SETTLEMENT/ AGREEMENT FORM

AGREEMENT

By my signature below, I attest, understand, and agree to the following:

The compromise was executed voluntarily and out of our own volition. We have read and understood the
contents thereof.

The Parties agree that this constitutes full and final settlement of any complaint each may have against the
other in relation to this case.

PARTY A PARTY B

_______________________ __________ _______________________ __________

Signature over Printed Name Date Signature over Printed Name Date

PARTY C PARTY D

_______________________ __________ _______________________ __________

Signature over Printed Name Date Signature over Printed Name Date

Assisted by:

___________________________ ______________
Mediator Date

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 DAVAO B.I.R. EMPLOYEES MULTIPURPOSE COOPERATIVE
BIR Bldg., Bolton Extension, Davao City
Contact Number: 224-1526

MEDIATOR:_____________________________
I am PARTY [ A ] [ B ] [ C ] [ D ]

EVALUATION OF MEDIATION

Rate the following statements accordingly. Check ONLY ONE box opposite the statement that corresponds to your answer. There are no right or wrong
answers.

5 STRONGLY AGREE 4 AGREE 3 NEUTRAL 2 DISAGREE 1 STRONGLY DISAGREE

MEDIATION

5 4 3 2 1

1. I am well-informed about the mediation process

2. I voluntarily joined/participated in the process
3. Mediation helped identify the problem
4. Mediation aided in identifying the issues related to the problem.
5. I successfully expressed my feelings.

6. I understand the point of view of the other party.

MEDIATION

5 4 3 2 1
1. The mediator did not show bias towards any involved party.

2. S/he is perseverant.

3. The mediator listened attentively.

4. S/he is sensitive to my feelings.

5. I was not forced by the mediator to agree to a settlement.

CONCLUSION

5 4 3 2 1

1. I am satisfied of the results of the Mediation process.

2. No one forced me to agree to a settlement

3. I believe the other party will abide by the terms of our agreement.

4. I will abide by the terms my agreement with the other party.

5. I believe I am in good terms with the other party.

COMMENTS & SUGGESSTIONS:

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 DAVAO B.I.R. EMPLOYEES MULTIPURPOSE COOPERATIVE
BIR Bldg., Bolton Extension, Davao City
Contact Number: 224-1526
NOTICE
FOR MEDIATION

Reference No.

Date: Mediation Conference

‰ 1st ‰ 2nd ‰ 3rd ‰ 4th ‰ 5th

TO:

RE: INVITATION TO MEDIATE

Greetings!
You are hereby notified that a request for Mediation/Conciliation is set
for conference on _______________, ________ AM/PM at the
_____________________________________________________________
_____________________________________________________________
________.

We highly appreciate it if you attend this conference in person.

Otherwise, you may send a duly authorized representative.

By:
_________________________
Coordinator
Conciliation-Mediation Unit

Noted by: Received by:

__________________ _____________________
Name & date

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Prepared by:

TERESA C. MIRANDA
Conciliation-Mediation Committee Head

VERONICA T. ESTREMOS XYLE ALLYSA L. BITANG

Committee Asst. Head Committee Secretary

Noted by:

SUSAN D. TUSOY
Chairperson- Davao BIR Employees Multipurpose Cooperative

References: 1. Cooperative Development Authority (CDA) Revised Guidelines Governing

the Conduct of Conciliation- Mediation Proceedings;

2.RMA COOPERATIVE Manual of Policies;

3. Establishing Alternative Dispute Resolution (ADR) Mechanisms in the

Cooperative Sector

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