Main Story: BOUNDARY DISPUTE OF TWO NEIGHBORS SA ILAHANG SAGINGAN

I. SKIT No. 1 OPENING STATEMENT: Opening statement of mediator Napakahalagang

ipaliwanag mo sa bawat panig ang mga proseso at layunin ng pamamagitanan o mediation at
ang mga patakaran na dapat nilang isaalang-alang. Bago ka mamagitan, kinakailangan mong
makilala ang mga partidong sangkot at malaman ang kanilang pinag-aawayan.

1. Objective Sa madaling salita, nagbibigay ang Katarungang Pambarangay ng isang

mapanlikha, mura at mabilis na daan para sa pag-aayos ng mga alitan kung saan
malayang makapaghahanap ang mga partido ng pamimilian para sa mapayapang
pagpapasya ng kanilang mga alitan nang hindi lumalapit sa hukuman.

2. Pros re: 4 Principles of ADR

a. PARTY AUTONOMY.
Freedom of the parties to make their own arrangements to resolve their issues.
The emphasis of ADR is on the voluntary agreement of the parties in submitting
their dispute and choosing the arbitrators, the venue or place of arbitration, the
language to be used, and the rules and procedure to be followed.
b. NON-ADVERSARIAL.
A method of mediation is used whereby all parties can benefit through a creative
solution to which everyone agrees. In contrast to the adversarial system wherein
one party prevails and the other must lose; where disputes are resolved through
the application of a rule of law by a third party as in court proceedings.
c. FLEXIBILITY.
Arbitrators may ask questions stretching the facts flexibility as to the type of
questions which may be asked without any objections; and provide a solution
which may not be provided by the law a resolution to fit the demands of the
parties.
d. CONFIDENTIALITY.
Privileged Communication. If the parties will not arrive at a settlement, all the
records, evidence and the arbitral award, or all information obtained in the
mediation proceedings shall be privileged and confidential. Hence, cannot be
published and is inadmissible as evidence in any adversarial proceeding. Persons
involved in mediation may not be compelled to disclose confidential information.
Exception: 1. with consent of the parties 2. For the limited purpose of disclosing
to the courts relevant documents in cases where resort to the courts is allowed.
3. Essence x Significance of Mediation x Conciliation
a. Conciliation o pagkakasunduan ay isang proseso kung saan ay tinutulungan ng
Pangkat ang mga nagaalitang panig na isa-isahin ang mga problema at puwedeng
 mangyari upang magkaroon ng kasunduan na katanggap-tanggap sa magkabilang
panig.
b. ESSENCE of KB the amicable settlement of disputes wherein the disputing
parties are encouraged to make mutual concession to obtain a peaceful
resolution of the dispute without formal adjudication thereof.
c. The IMPORTANT CONSIDERATION IN THE AMICABLE SETTLEMENT the extent to
which the parties are willing to compromise their respective claims against each
other within the limits imposed by law, morals, good customs, public order and
public policy.
II. SKIT No.2 PROCEDURE:
A.
1. Complaint is filed with Brgy. Captain orally or in writing.
2. Lupon secretary records the complaint and assigns it a docket number.
3. Brgy. Kap issues summons for parties to appear before him.
B. HEARING Hearing is done informally. HEARING: No formal procedure, no structured
process. No lawyers allowed in barangay hearings.
1. Individual narration by the parties Bigyan mo ng oras ang bawat partido na ipaliwanag
ang kani-kanilang panig nang walang pagsabad mula sa kabilang partido. Magtanong ka
at isali mo ang magkabilang partido sa paghahanap ng solusyon sa kanilang alitan.
2. Exchange by the parties
3. Summary of issues
4. Generation and evaluation of options Hayaan mong hanapin ng dalawang panig ang
solusyon sa kanilang alitan.

C. AMICABLE SETTLEMENT Closure closed by the execution of a settlement agreement by

the parties; By the withdrawal of any party from the mediation; and by the written declaration
of the mediator that any further effort at mediation would not be helpful.
If agreement is reached or arbitration award is made, case is closed.

Settlement must be reduced into writing signed by the complainant and respondent
and attested by the Barangay Chairman

III. SKIT No.3 WHEN RESOLUTION FAILS: What happens and when to elevate to civil action?

If the mediation efforts of the lupon chairman fail within fifteen (15) days from the first
meeting of the parties before him, he shall forthwith set a date for the constitution of
the pangkat.
If arbitration fails or Pangkats decision is validly repudiated, the case may be taken to
court.