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Do not rely on tips. Make them yourself! [ARBITRATION

By Tristan A. Reyes
REVIEWER]

RA 9285> alternative dispute resolution arbitration agreement

Meaning : a choice given to parties to Mediation - is a voluntary process in

choose the mode of resolving their which a mediator, selected by the
differences either through arbitration disouting parties, facilitates
mediation conciliation and other similar communication and negotiation and
Modes thereby avoiding costly and time assists the parties in reaching a
consuming court litigation voluntary agreement regarding a
dispute
State's policy on ADR
>to promote party autonomy in the mediator - a person who conducts
resolution of disputes or the freedom of mediation
the parties to make then own
arrangements to resolve their disputes Conciliation - the adjustment and
settlement of a dispute in a friendly,
>as on important means to achieve unantagonistic manner. It is oftentimes
speedy and impartial justice and de- used on courts before trial with a view
clog Court dockets (See law) towards avoiding trial and in labor
disputes before arbitration.
Ultimate Goal of ADR
> empowerment of disputants in the Mini Trial - a structured dispute
manner of resolving that disputes resolution meod in ehich the merits of a
case are argued before a panel
Effects of ADR comprising senior decision makers with
>an offshoot of the empowerment of or without the presence of a neutral
disputants in a dispute; it has the effect third person after which the parties seek
of de-clogging court dockets and a negotiated settlement.
allowing them to focus their judicial
attention and resources to others
Court-Referred / Annexed Mediation
ADR System
>any process used to resolve a dispute  Relatively young in the
or controversy, other than by Philippines;
adjudication of a presiding judge of a  Formally began in 1999 when the
court or an officer of a government Supreme Court issued AM No.
agency in which a neutral third party 99-6-01-SC;
participates to assist in the resolution of  First pilot test was held from
issues which includes arbitration December 1999 to February 2000
mediation conciliation early neutral and covered RTC’s, MTC’s of
evaluation, mini trial, of any Mandaluyong and Valenzuela
combination thereof. Cities with funding from the Asia
Foundation;
Arbitration - a voluntary dispute  Second pilot test was held from
resolution process in which one or more July to September 2000 covering
arbitrators, appointed in accordance selected cities in Metro Manila;
with the agreement of the parties, or  Third pilot test was on October
rules promulgated under RA No. 9285, 2000 to April 2001;
resolve a dispute by rendering an  Study found 67% of court-
award. annexed mediation satisfactorily
settled their cases.
Arbitrator - a person appointed to
render an award, alone or with others,
in a dispute that is the subject of the
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Do not rely on tips. Make them yourself! [ARBITRATION
By Tristan A. Reyes
REVIEWER]

Cases Referred To Mediation As A  It designated the PHILJA as the

Component Of Pre-Trial component unit of the Supreme
Court for Court Annexed
 All civil cases; Mediation;
 Settlement of estates;  As court diversion strategy, it
 Ejectment; simply connotes a mediation
 Cases cognizable by the process conducted under the
Katarungang Pambarangay; auspices of the Court;
 Quasi-offenses or torts;  In this program, the assistance of
 Civil aspect of bouncing check the Court is inevitable.
cases, estafa and libel;
 Claims for support and custody.
Distinctive Features of the Court
Annexed Mediation Program
Court-Annexed Mediation In The
Court Of Appeals  Cases are those already filed in
Court
 Civil cases brought on ordinary  The mediatable cases are
appeal or petition for review; designed and predetermined by
 Appeals from final orders, the Supreme Court;
awards, judgments, or  The process is part of the pre-
resolutions of quasi-judicial trial;
agencies in the exercise of their  The referral of these cases is
quasi-judicial functions through MANDATORY;
petition for review on certiorari;  Since mediation is part of Pre-
 Special civil actions for certiorari, trial, the Courts shall impose
except those involving pure appropriate sanctions;
question of law;  Only mediators accredited by the
 Habeas corpus cases involving SC can mediate;
custody of minors, with the  The designation of a mediator
consent of the parties, provided must be confirmed by the pre-
that the minor is not detained for trial judge;
commission of a criminal offense;  Compromise agreement must be
 Criminal cases cognizable by the submitted for the consideration
Katarungang Pambarangay or approval of the Court;
under RA No. 7160 involving  A judgment by compromise
offenses punishable by based on the terms of the
imprisonment not exceeding one approved agreement shall be
year or a fine not exceeding P5K rendered by the Court;

Existing Court Annexed Mediation and The Mediation Process

Judicial Dispute Resolution Programs
in the Philippines  Mediation is part of pre-trial;
 Upon appearance of the parties
Court Annexed Mediation for pre-trial, the judge shall
 On October 16, 2001, the immediately issue an Order
Supreme Court institutionalized directing the parties (with or
and implemented the mediation without counsel) to appear before
program in the Philippines PMC Unit for initial mediation
through AM No. 01-10-5-SC > conference (AC No. 20-2002);
PHILJA
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Do not rely on tips. Make them yourself! [ARBITRATION
By Tristan A. Reyes
REVIEWER]

 The referral by the judge of a o Compromise agreement

mediatable case to the PMC unit o Withdrawal of Claim
is MANDATORY; o Satisfaction of Claim
 While referral is mandatory,
parties’ willingness to mediate is
crucial; Procedure if Mediation Fails
 Being part of the pre-trial, if the
parties refuse or fail to appear  To immediately issue a certificate
before the PMC Unit without of failed mediation;
justifiable cause, sanctions  Upon receipt of a notice that
against the defaulting party shall mediation did not succeed, the
be imposed by the Court as court shall immediately set the
provided in Sec. 5, Rule 18 of the case for resumption of pre-trial.
Rules of Court;  Upon termination of pre-trial,
proceeds to try the case on its
merits until judgment.
Time Frame for Mediation

 As a rule, mediation shall How the JDR (juris) Process Work

commence immediately;
 Once commenced, the  The pre-trial judge conducts an
proceeding shall continue and be intensive pre-trial conference
terminated within 30 days; pursuant to Sec. 2, Rule 18 of the
 An extension of an additional 30 Rules of Court and enhanced pre-
days may be granted at the trial guidelines in AM No. 04-1-
discretion of the court. 12-SC, January 20, 2004;
 After going through the process,
he will ask the parties or counsel
Procedure in Selecting A Mediator a summary of their case and
discuss this with the pre-trial
 The supervisor on duty at the judge;
PMC Unit shall assist the parties  If the parties agree to mediate,
in selecting a court accredit the pre-trial judge shall facilitate
mediator; the settlement using his acquired
 He must be mutually acceptable skills as a mediator;
to the parties;  If the parties still reject
 If the parties cannot agree on the mediation, the pre-trial judge
mediator, the supervisor selects terminates the pre-trial process;
and assigns the mediator;  The judge issues a pre-trial Order
 In both instances, the selection endorsing the case to the pairing
must be confirmed by the court; judge for trial on the merits of the
 This elevates the status of the case, or in the absence of a
mediator as an officer of the pairing judge, to transmit the
Court; records of the case to the Office of
the Clerk of Court for re-raffle to
the other branches (except the
Mediator’s Duty if Mediation Succeeds pre-trial judge) and for the court
assigned to try and decide the
 To inform the court that case on the merits.
mediation succeeded;
 To furnish the court with the
following documents: The Role of Counsel in Court Annexed
Mediation
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Do not rely on tips. Make them yourself! [ARBITRATION
By Tristan A. Reyes
REVIEWER]

 Direct and ensure the collection

 Re-orient lawyers and judges on and deposit of mediation fees;
attitudes towards dispute
 Accepting shift from a combative SPECIFIC DUTIES/ROLES OF
or adversarial process to PRESIDING JUDGES
mediation;
 The innovative approach views  Extend the mediator assistance
the conflicts as a problem solving during mediation proceedings
opportunity for lawyers;  Refer mediatable cases to PMC;
 Direct his branch clerk to conduct
Other Relevant Roles a monthly inventory of
mediatable cases;
 The marketing of cases as  Monitor the case flow of cases
mediatable; being mediated
 MCLE Requirements includes 5
units in ADR;
 Encourage lawyers to participate
in mediation unlike in the
Barangay Justice System.

Role of the Judge

 Referral by the trial courts of

mediatable cases is mandatory;
 The court shall impose
appropriate sanctions upon
parties who fail or refuse to
appear before the mediation
center;
 The designation/selection of
mediator is affirmed/confirmed
by the judge;
 The compromise agreement is
entered into is submitted for
consideration and approval.

IN GENERAL – the Executive Judge

and Presiding Judge are directed to
assist and support the Philippine
Judicial Academy in the organization,
maintenance and operation of the
Philippine Mediation Center Units

SPECIFIC DUTIES/ROLES OF
EXECUTIVE JUDGES

 Remind presiding Judges to refer

cases for mediation;
 Assist in providing a mediation
office;
 Designate a clerk in charge;