ABOUT ALTERNATIVE DISPUTE RESOLUTION

Mediation is a process of settling disputes with the assisstance of an acceptable,

impartial and neutral third party called a mediator. The mediator helps parties
identify issues and develop proposals to resolve their disoutes. Once the parties
have rrived at a mutually acceptable arrangment, the agreement becomes the basis
for the court’s decision on the case.
This form of mediation is also known as court-annexed mediation since the case has
already been filed in court.

Judicial Dispute Resolution (JDR) is another innovation in the Philippine court

system. When court-annexed mediation fails, the case is brought to the judge who
then acts as a conciliator, a neutral evaluator and a mediator. The judge will try to
mediate the case. If the judge’s intervention as a mediator succeeds, the case is
concluded with a judgment based on a compromise. If the dispute is still unresolved,
then the case is referred to another judge for trial. Both parties must now be
prepared for litigation.
FREQUENTLY ASKED QUESTIONS

What is the step-by-step procedure for mediation?

Upon the filing of certain pleadings, the P500.00 mediation fee will be collected by the Clerk of Court. After your case
is determined to be mediatable, the Branch Clerk of Court will issue a Notice of Order of Pre-Trial. Both parties and
their counsel will be required to appear before the judge. The court will order you both to the Philippine Mediation
Center (PMC) Unit for an orientation on mediation.

The Daily Supervisor (DS) of the unit will explain the mediation process. The mediation proceedings are cheduled at
your earliest convenience, usually within five to seven working days.

The DS then presents a list of accredited mediators for both parties to choose and agree on. If you can not select one,
the DS will assign the mediator to your case and will notify the mediator through a Notice of Mediation validated by
the
judge. This makes the mediator an Officer of the Court.

The mediation session then proceeds on the scheduled date in an open and informal setting to encourage
ommunication. You will have 30 days for the proceedings, extendible to another 30 days.
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As a litigant, how do I prepare for mediation?

Consult your lawyer for a thorough briefing on mediation and how it will affect your case. Have all the necessary
documents regarding your case at hand. Be ready to confront possibly deep-seated issues at the heart of the dispute.
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Is there a neutral venue for mediation? Where do mediation sessions take place?
Mediation sessions are held in private rooms in the PMC unit of the trial court.

The sessions can not take place in private offices like the law office of the mediator.

If one of the parties is not available due to health reasons, for example, proper authorization has to be made.
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How long should each of these sessions last?

An individual mediation session can last from one hour to three hours on the average.
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How many people are allowed in a mediation session?

As a litigant, you can be accompanied by as many people you feel will help you in the mediation proceedings.
However, considering space limitations, you might consider bringing only your lawyer and perhaps one other
companion.
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Is there an official language for a mediation session?

There is no official language for mediation proceedings. The disputing parties and the mediator can use their native
language provided that everyone can understand each other.
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What will happen when both parties can not seem to agree?
When a settlement can not be reached through court-annexed mediation, the case is referred back to the pre-trial
judge. This begins the JDR process. If this still fails, the case is moved to another judge for trial.
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What will happen if the other party does not comply with the agreement reached?
You must inform the court that approved the compromise agreement immediately for them to issue an order to
comply. Sanctions will be imposed for non-compliance. The aggrieved party may also apply for a writ of execution.
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What do I do if the mediation proceedings are leaked to the press?

Since mediation proceedings are confidential, violations made by either party or even the mediator will be sanctioned.
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 Where can I learn more about mediation?
Your lawyer may be one of your best resources on mediation. The Philippine Mediation Center may have additional
information. Mediation is a global experience and can also be researched extensively on the web.
MEDIATION IN THE COURT OF APPEALS
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What is Appellate Court Mediation?
Mediation is the process of resolving disputes with the help of a neutral third party (mediator) to reach a settlement that is
mutually acceptable to all parties.

Appellate Court Mediation (ACM) is a mediation program in the Court of Appeals (CA), corollary to Court-Annexed Mediation
in the lower courts. It provides a conciliatory approach in conflict resolution. Through ACM, the CA promotes a paradigm shift
in resolving disputes from a rights-based (judicial) to an interest-based (mediation) process.
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How is Appellate Court Mediation different from Court-Annexed Mediation or Judicial
Dispute Resolution?
In Court-Annexed Mediation, a case eligible for mediation at a First Level Court or Regional Trial Court during the pre-trial
stage is referred by the presiding judge to the Philippine Mediation Center (PMC) Unit for mediation. Mediation is successful if
the parties enter into a Compromise Agreement, and the judge renders a decision based on this agreement. If it fails or the
parties refuse to undergo mediation, the case goes back to court for trial.

In Judicial Dispute Resolution under the JURIS Project, the mediation process is also in the lower courts and mediation is
conducted just like in Court- Annexed Mediation. If mediation fails or the parties refuse mediation, the case goes back to the
judge who does not yet try the case. The judge, acting sequentially as Conciliator, Neutral Evaluator and Mediator or a
combination of the three, attempts to convince the parties to settle their case amicably. If the parties still refuse to settle,
the case goes back to court for trial.

In Appellate Court Mediation, the case has been tried and judgment has been rendered at the lower courts but has been
appealed to the Court of Appeals (CA). Thus, Party A already won the case in the lower courts but Party B appealed the
decision to the CA.
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What are the benefits of Appellate Court Mediation?
For the judiciary, Appellate Court Mediation, as part of the Supreme Court’s Action Program for Judicial Reform (APJR), aims
to reduce the congestion of court dockets. A review of pre-ACM court statistics shows that although the disposal rate is high
at 98.5 percent, the number of cases added to the backlog grows at an annual rate of 58 percent. Mediation offers a
promising solution to lessening this backlog.

For litigants, after mediation has failed in the lower courts, Appellate Court Mediation provides an added option to put an end
to costly and long-drawn litigation. Since mediation is a non-adversarial approach to resolving a case in court, it facilitates
the interest-based settlement of the dispute through proposals coming from the parties themselves or suggested by the
mediator and accepted by the parties.

Mediation helps litigants settle their dispute and rebuild their relationship. It is a win-win solution for both parties.
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When and how did implementation of ACM start?
The Supreme Court authorized the Philippine Judicial Academy (PHILJA) to pilot-test the mediation program in the Court of
Appeals on April 16, 2002. The pilot ACM Project ran for almost three months from September 16 to November 22, 2002,
with a success rate of 67 percent.

Thirty-one appellate court mediators from the ranks of retired justices and judges, senior members of the Bar, and senior
professors of law participated in the orientation workshop conducted by experts from the Philippines and Singapore.

The Supreme Court approved the institutionalization of Appellate Court Mediation (ACM) on March 23, 2004 following the
successful pilot-test. It also approved the Revised Guidelines for the Implementation of Mediation in the Court of Appeals to
provide the legal framework.

From 2004 to 2006, PHILJA went on to recruit and train a core of mediation faculty from ADR practitioners and the
academe; revised the training curriculum and materials to make them more relevant to the Philippine setting; developed
case study materials from actual cases; trained a new batch of 51 mediators for the Court of Appeals; capped their training
with an internship program that required each mediator to handle at least two ongoing cases; formally launched the CA
Mediation Center at the ground floor of the CA Annex Building; and finally developed a Mediation Training Manual for the
Court of Appeals. The Project Director who supervised this project was Professor Alfredo F. Tadiar.
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What organizations are helping implement the ACM Program?
There are six institutions working together to implement the mediation process in the Court of Appeals.

THE COURT OF APPEALS (CA)

Selects and refers cases and other documents or information for mediation.

PHILIPPINE JUDICIAL ACADEMY (PHILJA)

Oversees the training program of appellate court mediators and assigns a PMC (CA) coordinator to oversee the operations of
a PMC (CA) office, among other responsibilities.

PHILIPPINE MEDIATION CENTER-CA

Helps facilitate successful mediation by providing administrative and operational support services.

PUBLIC INFORMATION OFFICE OF THE SUPREME COURT (SC-PIO)

Assists in the in formation, education and communication campaign program of the project.

INTEGRATED BAR OF THE PHILIPPINES (IBP)

Collaborates with PHILJA in its mediation advocacy and assists in the disciplinary actions for erring mediators.

PHILIPPINE ASSOCIATION OF LAW SCHOOLS (PALS)

Includes Alternative Dispute Resolution (ADR) courses (including Mediation) and negotiating skills in the curriculum and re-
orients law professors and students on legal aid.
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Are all cases elevated to the Court of Appeals eligible for Appellate Court Mediation?
No. Only the following cases elevated to the Court of Appeals are eligible for Appellate Court Mediation:

1 Civil cases brought on ordinary appeal or petition for review.

2
3 Appeals from final orders, awards, judgments, resolutions of the Court of Tax Appeals and quasi-judicial agencies in the
exercise of their quasi-judicial functions through petition for review or certiorari that questions a decision for having
been rendered in grave abuse of discretion amounting to lack of jurisdiction.
4
5 These quasi-judicial agencies include the following: Central Board of Assessment Appeals, Securities and Exchange
Commission. Land Registration Authority, Office of the President, Civil Aeronautics Board, Bureau of Patents,
Trademarks and Technology Transfer, National Electrification Administration, Energy Regulatory Board, National
Telecommunications Commission, Department of Agrarian Reform under TA. 6657, Government Service Insurance
System, Employees Compensation Commission, Agricultural Inventions Board, Insurance Commission, Philippine
Atomic Energy Commission, Board of Investments, Construction Industry Arbitration Commission, and Voluntary
Arbitrators authorized by law.
6
7 Special civil actions for certiorari, except those involving pure questions of law.
8
9 Habeas corpus (court order directing law enforcement officials or custodians of detained persons to produce that person in
court) cases involving custody of minors, with the consent of the parties, provided that the minor is not detained for
commission of a criminal offense.
10
11 Criminal cases cognizable by the Katarungang Pambarangay (Barangay Justice System) under Republic Act No. 7160
or offenses punishable by imprisonment not exceeding one year or a fine not exceeding P5,000.00 or both such fine
and imprisonment.
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What cases cannot be mediated under ACM?
1 Civil cases, which by law cannot be compromised.
2
3 Criminal cases except those under No. 4 above (habeas corpus of minors not detained for a criminal offense).
4
5 Habeas corpus petitions involving custody of minors when the subject is detained for commission of a criminal offense.
6
7 Cases with pending application for restraining orders/preliminary injunctions, unless both parties request for mediation
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Who is qualified to serve as mediator in Appellate Court Mediation?
Only an Appellate Mediator who is trained and accredited by the Philippine Judicial Academy (PHILJA) can mediate in the
Court of Appeals.

As a basic qualification, he/she must be a retired justice, judge, senior member of the Bar, or senior law professor, who
possesses creative problem-solving skills and has strong interest in mediation.
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What are the duties and responsibilities of an Appellate Mediator?
Since mediation proceedings are confidential, violations made by either party or even the mediator will be sanctioned.

1 Conducts mediation proceedings and calls caucuses (private meetings with each party) whenever necessary.
2
3 During mediation proceedings:
4 a. informs parties of the rules and procedures for mediation
5 b. assesses the risks and costs of continuing litigation
6 c. draws out the underlying interests of the parties
7 d. explores common ground for settlement
8
9 May suggest options for the parties to consider and, if practical or necessary, seek the assistance of a co-mediator to
assess (on a nonbinding basis) the strengths and weaknesses of each party’s case.
10
11 May request for a court order to impose appropriate sanctions if the parties fail to comply with the directives of the
mediator such as, but not limited to, the payment of mediation fees, appearance of parties during scheduled
conferences, and submission of written authority of representatives prior to the mediation proceedings.
12
13 Prepares the written terms of the compromise agreement that disposes of the dispute in whole or in part.
14
15 May terminate mediation at any time if parties are not interested to settle.
16
17 If the parties fail to reach a settlement, returns the case to the CA Division of origin and makes a confidential report to
the Philippine Mediation Center-CA on the reasons for failure.
18
19 Discloses to the parties any circumstance that may create or give the appearance of a conflict of interest and any
other circumstance that may raise a question as to his/her impartiality.
20
21 Ensures strict confidentiality of all communications made by the parties during the mediation proceedings.
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What is the process in Appellate Court Mediation?
The entire mediation process in the appellate level consists of five phases: (1)
selection of case, (2) resolution to appear, (3) agreement to mediate, (4)
mediation proceedings, and (5) disposition of case.

PHASE 1: SELECTION OF CASES

1 The Division Clerk of Court, with the assistance of the PMC-CA, identifies the pending cases for mediation to be approved
by the Ponente (Justice in charge of the case) either for completion of records or for decision.
2
3 The petitioner or appellant specifies, by writing or by stamping on the right side of the caption of the initial pleading (under
the case number), that the case is qualified for mediation.
4
5 If the case is eligible for mediation, the Ponente, with the concurrence of the other members of the Division, refers the
case to the PMC-CA.
6
PHASE 2: RESOLUTION TO APPEAR
1 The Ponente, with the concurrence of other members of the Division, issues a resolution (after submission of the
appellant’s brief or after the filing of a petition for review or certiorari) directing the parties to appear at the PMC-CA
without counsel to consider the possibility of mediation.
2
3 The resolution also suspends the running of the period to file the appellee’s brief or comment on the petition for review or
certiorari, as the case may be, until further order of the Court.
4
PHASE 3: AGREEMENT TO MEDIATE
1 Upon agreement of the parties to mediate, the PMC-CA requires the parties to execute an Agreement to Mediate in a form
provided for the purpose.
2
3 The parties choose a mediator and the date and time of the initial mediation conference.
4
5 The Court then furnishes the following documents to the PMC-CA:
6 a. Appellant’s brief and any memorandum or record on appeal
7 b. Decisions or Orders of the court/tribunal being appealed or subject to certiorari
8
PHASE 4: MEDIATION PROCEEDINGS
1 The mediator tries to complete the mediation proceedings within thirty (30) days from the date of the initial mediation
conference. However, the duration of mediation proceedings may be extended for another thirty (30) days if there is a
request for extension based on a justifiable ground or reason.
2
3 Individual party litigants are required to attend mediation conferences in person; corporate parties must be represented by
a corporate officer duly authorized by Board resolution.
4
5 Initial mediation conferences are held in the PMC-CA, but subsequent mediation conferences may be held outside the CA
with notice to the Court.
6
PHASE 5: DISPOSITION OF CASES
1 If the parties agree to a full or partial compromise, the mediator drafts written terms with the concurrence of the
parties/counsel.
2
3 The parties/counsel and mediator sign the compromise agreement which is transmitted to the Court.
4
5 The Court approves the compromise agreement, renders judgment upon a full or partial compromise, as the case may be,
and makes an immediate entry of judgment.
6
7 In the case of full settlement, the parties agree to withdraw the appeal and enter into a mutual satisfaction of claims and
counterclaims. Upon receipt, the Court renders an order of dismissal.
8
9 If the parties fail to reach a settlement, the mediator returns the case to the Division of origin. He or she then makes a
confidential report to the PMC-CA on the reasons for the failure.
10
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How long does the mediation process take under ACM?
The mediation process ideally takes thirty (30) days from the date of the initial mediation conference. The mediation
proceedings may be extended for another period not exceeding an additional thirty (30) days after a motion is filed with the
Court.
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How much does mediation cost?
Mediation fees in the amount of one thousand pesos (P1,000.00) are collected by the Clerk of Court of the trial court upon
filing of the Notice of Appeal or by the Clerk of Court of the Court of Appeals for cases that are directly filed therein.

The collected amount becomes part of the Mediation Fund which is utilized for the promotion of court-annexed mediation
and other relevant modes of alternative dispute resolution (ADR), training of mediators, payment of mediator’s fees, and the
operating expenses of PMC units nationwide.
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Who are exempt from paying the mediation fee?
A pauper litigant is exempt from paying the mediation fee. The unpaid amount is a lien to any monetary award in a
judgment favorable to the pauper litigant.
The accused-appellant is also exempt from paying the mediation fee.
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Are mediation proceedings admissible as evidence?
All matters discussed or communicated by the parties (including the request for mediation) during mediation conferences
and documents presented before the PMCCA are privileged and confidential. These are inadmissible as evidence for any
purpose in any other proceedings. However, evidence or information that is otherwise admissible does not become
inadmissible solely by reason of its use id mediation. This is to prevent the abuse of this privilege by crafty parties or their
counsel.

AAO. Academic Affairs Office

AC. Administrative Circular
ADR. Alternative Dispute Resolution
Adjudication. Adjudication describes any form of formal dispute resolution process I which the
parties litigate cases through the presentation of evidence and argument to a neutral third party who
has the power to render binding decisions based on objective standards, rules or laws. Adjudication
is used in many forums --- judicial (courts), administrative (tribunals), and arbitral (boards of
arbitration). Adjudicative processes are rights-based and positional.
Alternative Dispute Resolution (ADR). ADR is a widely used term referring to the entire range of
dispute resolution options outside the traditional administrative, judicial or legislative decision-making
process.
AM. Administrative Matter
APJR. Action Program for Judicial Reform
Arbitration. Arbitration is an adjudicative form of dispute resolution involving a mutually acceptable
neutral third party (arbitrator) empowered to make a decision on the merits after an informal hearing
that usually includes presentation of evidence and oral argument. Arbitral decisions are generally
binding and subject to limited judicial review. In exceptional cases, decisions are treated as non-
binding and the right yo proceed to trial is preserved. Arbitration may be voluntary (by private
agreement) or compulsory (by legislation or through a public court-annexed program). Instead of a
single arbitrator, a panel (generally a tripartite board) may be used. Final offer selection is a version
of arbitration where the arbitrator chooses between “best offers” submitted by parties. Arbitration is
widely used for labor relations and commercial disputes.
BCC. Branch Clerk of Court
CA. Compromise Agreement
CAM. Court-Annexed Mediation
Caucus. A private session between the mediator and any one party in which the mediator explores
the issues involved in the case and the options available to the parties to resolve the matter. if the
mediator meets separately with one party, the mediator will almost always then meet separately with
the other parties to the mediation.
CIDA. Canadian International Development Agency
COC. Clerk of Court
Compromise Agreement. The settlement of a dispute by mutual concession. When approved by
the court, the compromise agreement will have the force and effect of a court decision. As such, the
compromise agreement may be enforced by the court through execution of judgment.
Conciliation. Conciliation is a process in which a neutral third party (conciliator) conveys information
between parties and attempts to improve direct communication between them. The conciliator often
prepares a report that describes the scope of agreement and disagreement. The role of a conciliator
is more passive than a mediator. Conciliaton is most often used in collective bargaining disputes.
Conflict. Conflict is usually based upon a difference over goals, objectives, or expectations between
individuals or groups. Conflict also occurs when two or more people, or groups, compete over limited
resources and/or perceived, or actual, incompatible goals.
Conflict Resolution. A process of resolving a dispute or disagreement.
Consensus. A mutually acceptable agreement that takes into consideration the interests of all
concerned parties. An agreement reached through consensus may not satisfy each participant’s
interests equally or receive a similar level of support from all participants.
Court-Annexed Mediation (CAM). Court-annexed mediation is a voluntary process wherein the
court may advise parties to submit their case for mediation so that hey may be assisted by neutral
party to facilitate their discussions or negotiations towards a workable solution to the problem. The
parties maintain their rights to proceed to trial if mediation fails. Any settlement that is reached
becomes a judgment of the court.
DMC. Design and Management Committee
DS. Daily Supervisor (Mediation Unit)
Early Neutral Evaluation (ENE). Early Neutral Evaluation is a non-binding process in which a
neutral third party (facilitator) manages the discussion between parties that are attempting to
reconcile divergent views and reach agreement on issues or tasks. Facilitation is used in a wide
variety of settings including management meetings and public consultations.
EJ. Executive Judge
ENE. Early Neutral Evaluation
Fact-Finding. Fact-finding is a process by facts relevant to a controversy are determined by a
designated person and a resolution of issues recommended or determined. Parties decide in
advance to treat the results as conclusive or advisory. If advisory, fact-finding is sometimes referred
to as “non-binding arbitration.” The fact-finder may be a neutral third party or an expert in a relevant
field. The fact-finder may be jointly selected by parties or provided by a public body. Fact-finding
may be used as part of a broader dispute resolution process such as negotiation, mediation, or
arbitration. It is often used to gather information regarding public sector collective agreements and to
address scientific or technical issues.
GC. Grievance Committee
IBP. Integrated Bar of the Philippines
JDR. Judicial Dispute Resolution
JPSC. Joint Project Steering Committee
JRO. Judicial Reforms Office
Litigation. Litigation is a formal, rights-based adjudicative process that depends on each party
advancing position, presenting evidence, and making arguments before a neutral third party
decision-maker. Litigation is used in trial and hearings.
Mediation. Mediation is a process of assisted negotiation that relies on a neutral third party
(mediator) to help parties reach a mutually agreeable resolution. Participation by the parties may be
voluntary (by private agreement) or mandatory (through a public program such as court-annexed
mediation). Whether attendance is voluntary or mandatory, settlements are consensual; the
mediator has no authority to impose result. Settlements reached through mediation are binding upon
the parties. Forms of mediation include evaluative, problem-solving, facilitative, transformative, and
therapeutic.
Mediation/Arbitration (MED/ARB). Med/Arb is a process in which parties agree that mediation will
be followed by arbitration of unresolved issues. In med/arb the same neutral third party generally
perform both roles. Med/Arb is becoming increasingly popular in the lbor-relation area. the reverse
(Arb/med) is also used in some circumstances.
Mediation Conference. A discussion among the disputing parties, their counsel, and the mediator,
to explore options for settling a dispute.
Mediator. Mediators are trained individuals who will attempt to assist the parties to reach a mutually
acceptable resolution of their dispute.
MeTC. Metropolitan Trial Court
MIMC. Monthly Inventory of Mediatable Cases
Mini-Trial. A mini-trial is flexible two-stage process in which a counsel presents a summary version
of each case to business representatives of each side who then attempt to negotiate a settlement. A
neutral third party may facilitate the information exchange. The neutral third party may also mediate
during the settlement negotiations and may provide an advisory opinion on the potential court
outcome.
MTC. Municipal Trial Court
MTCC. Municipal Trial Court in Cities
Negotiation. Negotiation is a process in which parties communicate directly or indirectly for the
purpose of reaching an agreement. Approaches to negotiation include competitive, cooperative, and
integrative. Negotiation may be based on power, rights, or interests. Negotiation may be conducted
by parties themselves or by agents.
NJI. National Judicial Institute of Canada
OCA. Office of the Court Administrator
OCC. Office of the Clerk of Court
OIC. Officer-in-Charge
PHILJA. Philippine Judicial Academy
PJ. Presiding Justice/Judge
PMC. Philippine Mediaton Center
PMFI. Philippine Mediation Foundation, Inc.
Pre-Trial Conference. Pre-Trial Conference, a conference held after the pleadings have been filed
and before the trial begins, for the purpose of bringing the parties together to outline discovery
proceedings and define the issues to be tried. Courts often use the pre-trial conference as an
opportunity to encourage settlement.
RTC. Regional Trial Court
SC. Supreme Court
SC-PIO. Supreme Court – Public Information Office
SC-PMO. Supreme Court – Program Management Office