CONCILIATION-MEDIATION POLICY

LA TRINIDAD MULTI-PURPOSE COOPERATIVE

INTRODUCTION
The La Trinidad Multipurpose Cooperative
believes that mediation is an effective tool in
rebuilding strained relationships inside the
coop thus, this policy has been provided to
protect the rights of the members and guide
the respective leaders in their duties and
responsibilities.
ARTICLE I- LEGAL BASIS
A. Republic Act 9520 article 137 Dispute among members,
officers, directors and committee members, officers, directors
and committee members, and intra-cooperative, inter-
cooperative, intra-federation or inter-federation disputes shall as
far as practicable, be settled amicably in accordance with the
conciliation or mediation mechanisms embodied in the By-laws
of the Cooperative, and in other applicable laws. The
Conciliation and Mediation Committee shall facilitate the
amicable settlement of these disputes. Should such conciliation
or mediation proceedings fail, the mater shall be settled through
Voluntary Arbitration to be filed before the CDA . The
complainant must secure a certification from its Con-Med
Committee and from the union or federation to which it belongs
that despite all efforts to settle the issues, the same have failed.
The decision of voluntary arbitrators is appealable to the Office
of the President.
ARTICLE LEGAL BASIS CONTINUED...
B. Republic Act 9285- Alternative Dispute
Resolution Act of 2004. It gives the parties the
freedom to make arrangements to resolve their
own disputes. It is a means to achieve speedy
and impartial justice and unclog court dockets.
C. CDA Memorandum Circular 2013-2014
Revised Guidelines Governing the Conduct of
conciliation-mediation proceedings of Primary
and UNION/FEDERATION LEVEL
ARTICLE II-ORGANIZATION OF A FUNCTIONAL
MEDIATION-CONCILIATION COMMITTEE
Section I Composition
The Mediation-Conciliation Committee shall be
composed of at least three (3) members who shall be
appointed by the Board of Directors in accordance
with the cooperative by-laws and who shall elect
among themselves: the chairman, vice-chairman, and
secretary.
Section II Term of Service
The Mediation- Conciliation Committee shall serve for
one (1) year, or as shall be provided by the
cooperative by-laws . In case of vacancy, article III
Section 2 shall apply.
ARTICLE II-ORGANIZATION OF A FUNCTIONAL
MEDIATION-CONCILIATION COMMITTEE
CONTINUED
Section 3: Qualification
Any member in good standing and must not be an officer of the
Cooperative.
Must be convinced that mediation is the best alternative of resolving
disputes
Must have a room for mediation.

Section 4 Functions of Med-Con Committee. The Med-Con Committee shall
have the following functions:
Formulate and develop con-med programs and ensure their
implementations
Monitor entry of new cases, status of pending cases, performance of
con-mediators
Submit semi-annual reports to CDA within fifteen (15) days after the end
of every semester.
Accept and file evaluation reports
ARTICLE II-ORGANIZATION OF A FUNCTIONAL
MEDIATION-CONCILIATION COMMITTEE
CONTINUED
Submit recommendations for improvements to the BOD
Recommended to the BOD any member for training
Attend all trainings required by R.A. 9520
Issue Certificate of Non-settlement

Section 5 Med-Con Program Development
Members of the committee are encouraged to undergo training
Review/update Med-Con Policy every two-to-three years.

Section 6 Dissemination of the Policy
The conciliation-mediation policy must be disseminated to the
members via but not limited to lectures during GA, posting in the
Coops bulletin board, hand out and notices to members
ARTICLE III-MEMBERS OF CON-MED COMMITTEE
OR B.O.D' ARE PARTIES OF DISPUTE
Section I If one of the parties to a controversy is a member of the
Conciliation Committee, the Chairman shall endorse the case to
the Board of Directors who shall resolve the case following the
procedures prescribed in the proceeding section.

Section II If one or both parties are members of the BOD and the
Con Med Comm, the Chairman of the Comm shall communicate
in writing such fact to the Chairman of the BOD who shall call a
special board meeting to form a five-man Special Con Med
Comm, consisting of the Heads of the Audit and Election
Committees, the Secretary and one representative from each
parties. The Special Committee shall convene and after electing
the Chairman, Vice Chairman and the Secretary, proceed to
resolve the case in accordance with the same procedures
prescribed. The Committee shall automatically cease to exist
upon the final resolution of the controversy.
ARTICLE IV-MEDIATION PROCEDURE
Section I Procedure
As far as practicable, all intra-cooperative disputes shall be settled within
the cooperative. If amicable settlement is not feasible, unless modified
or amended by the General Assembly, the following rules and
procedures shall govern all conciliation processes within the
cooperative.

Section II Parties to a Complaint
The party who files a complaint shall be Complainant and the party
being charged shall be called the Respondent.

Section III Who may file a Complaint
a) Who may file a complaint . Any member, who has a cause of action
against any member, Officer or member of any committee, or of the
Board of Directors, shall file a complaint, in any form and in such
members as there are respondents, to the Secretary of the Conciliation
Committee, stating the following
ARTICLE IV-MEDIATION PROCEDURE
CONTINUED
b) Contents of a Complaint
Name, Address, Position and status of membership of
complainant and respondent if known;
Brief statement of facts and circumstance which caused
commission or omission of the act complained of;
Rights violated, evidence of testimony of witnesses; and
Prayer-state the relief sought and others as may be deemed just
and equitable

Section IV Issuance of Notice of Preliminary Conference
The Coordinator shall issue a Notice of Preliminary Conference
to the parties copy furnish the Conciliation mediation committee.
ARTICLE IV-MEDIATION PROCEDURE
CONTINUED
Section 5: Conduct of Preliminary Conference by the Coordinator
During the PC, the Coordinator shall encourage the parties to
conciliate-mediate. If both agree, the Coordinator shall furnish
them with a list of CDA recognized Coop Mediators from which
they may select. The name common to their list shall be the
conciliator-mediator. Upon selection, the Coordinator shall
endorse the complaint to the mediator.

Section 6: Contacting the Parties for Conciliation-Mediation
a) Contacting parties for Con-Med. Conciliator-mediator shall
contact the parties to schedule the Conciliation-mediation
conference. The conciliation-mediation proceedings shall
commerce with a conflict coaching session, unless the parties
agreed to reset the Conciliation Mediation, within a reasonable
period for valid reason.

ARTICLE IV-MEDIATION PROCEDURE
CONTINUED
b) Conduct of Conflict Coaching Session
The Conciliator-mediator may initially meet with the
disputants separately in a conflict coaching-session, with
the aim of clarifying their respective issues and interests.
The conciliator-mediator then proceeds to clarify the
issues, helps them generate options, and agree on the
options that best meet their needs and interest.

c) Writing and signing of Con-Med Agreement
Should the conciliation-mediation be successful in
generating an agreement, the conciliator-mediator shall
prepare a written agreement for the parties approval
and signature. Each shall be provided a copy of the
agreement
ARTICLE IV-MEDIATION PROCEDURE
CONTINUED
a) Submission of Signed Agreement to the CDA and RTC
The signed agreement shall:
a) Be submitted to the CDA for recording
b) Be deposited at the option of the parties with the Regional Trial Court
where on of the parties resides.

Section 7: Failure of Con-Med

The con-Med Proceedings shall be as failed under the following
circumstances:
a) When no settlement is reached by the parties after Thirty (30) days
from the start of conflict coaching
b) When any or both of the parties or the conciliator-mediator decide to
terminate to the proceedings if in his/her judgment, after efforts at
conciliation-mediation are unlikely to lead to a resolution of the dispute.

ARTICLE IV-MEDIATION PROCEDURE
CONTINUED
Section 8: Issuance of Certificate of Non-
settlement
If the mediation-conciliation is not successful,
the conciliation-mediation committee shall issue
a Certificate of Non Settlement within five (5)
calendar days from termination of conference or
notice of parties non interest in conciliation-
mediation. The Certificate of Non settlement is
necessary for the dispute to be referred to the
federation or Union for another mediation-
conciliation proceeding or to the Authority for
Arbitration proceedings.
ARTICLE V REPEALING CLAUSE
All existing policies which are inconsistent with
this policy are herby repealed, revised or
modified accordingly.
ARTICLE VI SEPARABILITY CLAUSE
If any part of this policy is held invalid, other
part that are not held invalid shall remain in
force and effect.
ARTICLE VII EFFECTIVITY
The policy shall take effect upon the approval
of the GA by votes.
MEMBERS
CRISPINA VISAYA
WILLIAM SUCDAD JR
JOSEPH K. MITAS
ROVER A. PAIKING
BRENT I. PASIAN
WILLIAM E. EVASCO
ANDRES LACSON
ISABEL S. MAGWILANG
CORASON S. ALOS
JESHANAH B. SALDA