Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties

with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters. The term "mediation" broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that "ordinary" negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process. Mediators use various techniques to open, or improve, dialogue between disputants, aiming to help the parties reach an agreement. Much depends on the mediator's skill and training. As the practice gained popularity, training programs, certifications and licensing followed, producing trained, professional mediators committed to the discipline. The benefits of mediation include: CostWhile a mediator may charge a fee comparable to that of an attorney, the mediation process generally takes much less time than moving a case through standard legal channels. While a case in the hands of a lawyer or a court may take months or years to resolve, mediation usually achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs. ConfidentialityWhile court hearings are public, mediation remains strictly confidential. No one but the parties to the dispute and the mediator(s) know what happened. Confidentiality in mediation has such importance that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of mediation. Many mediators destroy their notes taken during a mediation once that mediation has finished. The only exceptions to such strict confidentiality usually involve child abuse or actual or threatened criminal acts. ControlMediation increases the control the parties have over the resolution. In a court case, the parties obtain a resolution, but control resides with the judge or jury. Often, a judge or jury cannot legally provide solutions that emerge in mediation. Thus, mediation is more likely to produce a result that is mutually agreeable for the parties. ComplianceBecause the result is attained by the parties working together and is mutually agreeable, compliance with the mediated agreement is usually high. This further reduces costs, because the parties do not have to employ an attorney to force compliance with the agreement. The mediated agreement is, however, fully enforceable in a court of law. MutualityParties to a mediation are typically ready to work mutually toward a resolution. In most circumstances the mere fact that parties are willing to mediate means that they are ready to "move" their position. The parties thus are more amenable to understanding the other party's side and work on underlying issues to the dispute. This has the added benefit of often preserving the relationship the parties had before the dispute. SupportMediators are trained in working with difficult situations. The mediator acts as a neutral facilitator and guides the parties through the process. The mediator helps the parties think "outside of the box" for possible solutions to the dispute, broadening the range of possible solutions. Frequently asked questions regarding the Mediation Proceedings:

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. 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. 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. How long should each of these sessions last? An individual mediation session can last from one hour to three hours on the average. How many people are allowed in a mediation session? 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. 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. What will happen when both parties cannot seem to agree? When a settlement cannot 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.

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. 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.

What does a mediator do? During mediation proceedings, the mediator will have to monitor and analyze what is happening, set the order of discussion and keep track of time, distinguish the real issues behind the conflict, manage the interaction and facilitate communication. He or she must be able to patiently hear both sides of the story without judgment and help each side understand the others perspective. The mediator will then be able to offer positive suggestions or options that will help resolve the problem. Who can be a mediator? What are their qualifications? To become a mediator, one must be at least 30 years of age with a bachelors degree. Proficiency in oral and written communication in English and Filipino is also required. The prospective mediator must also possess a good moral character and willingness to learn new skills and be of service to the public. How are they accredited? Qualified applicants must complete mediation seminar-workshops and pass a written exercise to test their proficiency in oral and written communication from the Philippine Judicial Academy (PHILJA). PHILJA can also request mediation training services from other organizations or individuals. Each applicant must be certified to have finished the training and evaluated on their overall performance. On the basis of the report, PHILJA will submit a list of recommended mediators for accreditation to the Court. If approved by the Court, the accreditation is effective for two years. I want to be a mediator myself. What do I do? The prospective mediator must submit the following to PHILJA: curriculum vitae with 22 photo college school records;

National Bureau of Investigation/police clearance; certificates of good moral character from two persons not related to the applicant. PHILJA will then administer a written comprehension exam and interview and evaluate each applicant. Qualified applicants are then scheduled for training. PHILJA is located at the third floor of the Supreme Court of the Philippines Centennial Building, Padre Faura, Manila. For provincial applicants, applications may be filed with the Executive Judge of the Regional Trial Court. How will I choose a mediator? Cases for mediation are referred to the Philippine Mediation Center (PMC) unit located in the courthouse or near the premises of the trial court. The Daily Supervisor (DS) of the PMC unit will present a list of accredited mediators. If you can not agree on a mediator, the DS will assign one and notify the trial court which will then confirm the appointment of this chosen mediator. Is a mediator allowed to discuss my case with outsiders? No. However, the mediator may ask for assistance from another accredited mediator, only upon the disputing parties permission. The name of the comediator must also be submitted to the trial court for confirmation. What should I expect from my lawyer during mediation? Your lawyer remains a valuable counsel and partner in mediation proceedings. They can attend mediation sessions with you. They will be expected to provide legal assistance to you and the mediator in drafting the necessary papers. Your lawyer must help you fully understand and appreciate the rules and process of mediation. Ask them to explain the difference of litigation from mediation, the advantages of the procedure, possible bargaining options, your role in the process and likely alternatives to a negotiated agreement. Your lawyer may take a little less active role in a mediation session than in a courtroom. In mediation, you will take responsibility for making decisions. But when matters in the discussion put you at a disadvantage and if the mediator does not seem to be doing enough to settle the imbalance, you will want your lawyer to participate more actively. When necessary, your lawyer may even call a recess to give you advice or suggestions in private. Lawyers in mediation will also assist the mediator in putting into writing the terms of the compromise agreement or a withdrawal of the complaint or a satisfaction of claim so that it may be approved by the trial court for judgment. What is the judges role in mediation? The pre-trial judge will rule on the compromise agreement you reached through mediation. If courtannexed mediation fails in your case, the pretrial judge takes on the role of conciliator, neutral evaluator and mediator.

The judge will sit down with counsel and their parties to hear a summary of the case and will attempt to conciliate the differences between the parties. As a neutral evaluator, the judge will be free to express his or her views on the chances of each party in the case. At this point, if the parties agree to reconsider and undergo mediation, the judge will facilitate the settlement as a mediator. If the parties still refuse mediation, however, the judge will then issue an order referring the case to another judge. The order will specify that both court-annexed mediation and JDR have failed. Im not very good at confrontations or talking about my case. What if I cant express myself? Can someone else speak on my behalf? While individual parties are encouraged to personally appear in mediation proceedings, you can still authorize a representative to speak for you, whether its your spouse, sibling, doctor, friend, daughter, son or lawyer. But they must be fully authorized to appear, negotiate and enter into a compromise by a Special Power of Attorney. My case involves children. Do they have to attend mediation sessions? Children are not required to attend the mediation sessions, because they normally are represented by their parents. However, if the resolution of the case would require a consultation with minor children, then they may be allowed in the mediation session. Can mediation take place even if there are instances of wife beating and other forms of domestic violence? You have to inform the mediator immediately if there are such incidents of domestic violence in your case. In these instances, the case has to be sent back to court for trial, due to the disadvantage of the woman in such a relationship. Can a corporation just send their lawyer to the mediation? A corporation, through a board resolution, must fully authorize their representative to appear, negotiate and enter into a compromise. Can one complaint against their mediator if he or she does not seem to be doing a good job? You can report the incident to the PMC coordinator or file a complaint against a mediator to a three member Grievance Committee, composed of a member of the PHILJA ADR Subcommittee, a Supervisor and a Mediator; and appointed by the PHILJA Chancellor. During the investigation, the mediator concerned may be placed in preventive suspension. The Supreme Court has the discretion to impose additional and appropriate penalties against the erring mediator depending on the severity of the action. What does a mediator do? During mediation proceedings, the mediator will have to monitor and analyze what is happening, set the order of discussion and keep track of time, distinguish the real issues behind the conflict, manage the interaction and facilitate communication. He or she must be able to patiently hear both sides of the

story without judgment and help each side understand the others perspective. The mediator will then be able to offer positive suggestions or options that will help resolve the problem. Who can be a mediator? What are their qualifications? To become a mediator, one must be at least 30 years of age with a bachelors degree. Proficiency in oral and written communication in English and Filipino is also required. The prospective mediator must also possess a good moral character and willingness to learn new skills and be of service to the public. How are they accredited? Qualified applicants must complete mediation seminar-workshops and pass a written exercise to test their proficiency in oral and written communication from the Philippine Judicial Academy (PHILJA). PHILJA can also request mediation training services from other organizations or individuals. Each applicant must be certified to have finished the training and evaluated on their overall performance. On the basis of the report, PHILJA will submit a list of recommended mediators for accreditation to the Court. If approved by the Court, the accreditation is effective for two years. I want to be a mediator myself. What do I do? The prospective mediator must submit the following to PHILJA: curriculum vitae with 22 photo college school records; National Bureau of Investigation/police clearance; certificates of good moral character from two persons not related to the applicant. PHILJA will then administer a written comprehension exam and interview and evaluate each applicant. Qualified applicants are then scheduled for training. PHILJA is located at the third floor of the Supreme Court of the Philippines Centennial Building, Padre Faura, Manila. For provincial applicants, applications may be filed with the Executive Judge of the Regional Trial Court. How will I choose a mediator? Cases for mediation are referred to the Philippine Mediation Center (PMC) unit located in the courthouse or near the premises of the trial court. The Daily Supervisor (DS) of the PMC unit will present a list of accredited mediators. If you cannot agree on a mediator, the DS will assign one and notify the trial court which will then confirm the appointment of this chosen mediator. Is a mediator allowed to discuss my case with outsiders?

No. However, the mediator may ask for assistance from another accredited mediator, only upon the disputing parties permission. The name of the comediator must also be submitted to the trial court for confirmation. What should I expect from my lawyer during mediation? Your lawyer remains a valuable counsel and partner in mediation proceedings. They can attend mediation sessions with you. They will be expected to provide legal assistance to you and the mediator in drafting the necessary papers. Your lawyer must help you fully understand and appreciate the rules and process of mediation. Ask them to explain the difference of litigation from mediation, the advantages of the procedure, possible bargaining options, your role in the process and likely alternatives to a negotiated agreement. Your lawyer may take a little less active role in a mediation session than in a courtroom. In mediation, you will take responsibility for making decisions. But when matters in the discussion put you at a disadvantage and if the mediator does not seem to be doing enough to settle the imbalance, you will want your lawyer to participate more actively. When necessary, your lawyer may even call a recess to give you advice or suggestions in private. Lawyers in mediation will also assist the mediator in putting into writing the terms of the compromise agreement or a withdrawal of the complaint or a satisfaction of claim so that it may be approved by the trial court for judgment. What is the judges role in mediation? The pre-trial judge will rule on the compromise agreement you reached through mediation. If courtannexed mediation fails in your case, the pretrial judge takes on the role of conciliator, neutral evaluator and mediator. The judge will sit down with counsel and their parties to hear a summary of the case and will attempt to conciliate the differences between the parties. As a neutral evaluator, the judge will be free to express his or her views on the chances of each party in the case. At this point, if the parties agree to reconsider and undergo mediation, the judge will facilitate the settlement as a mediator. If the parties still refuse mediation, however, the judge will then issue an order referring the case to another judge. The order will specify that both court-annexed mediation and JDR have failed. Im not very good at confrontations or talking about my case. What if I cant express myself? Can someone else speak on my behalf? While individual parties are encouraged to personally appear in mediation proceedings, you can still authorize a representative to speak for you, whether its your spouse, sibling, doctor, friend, daughter, son or lawyer. But they must be fully authorized to appear, negotiate and enter into a compromise by a Special Power of Attorney. Can mediation take place even if there are instances of wife beating and other forms of domestic violence?

You have to inform the mediator immediately if there are such incidents of domestic violence in your case. In these instances, the case has to be sent back to court for trial, due to the disadvantage of the woman in such a relationship. Can a corporation just send their lawyer to the mediation? A corporation, through a board resolution, must fully authorize their representative to appear, negotiate and enter into a compromise. Can one complain against their mediator if he or she does not seem to be doing a good job? You can report the incident to the PMC coordinator or file a complaint against a mediator to a three member Grievance Committee, composed of a member of the PHILJA ADR Subcommittee, a Supervisor and a Mediator; and appointed by the PHILJA Chancellor. During the investigation, the mediator concerned may be placed in preventive suspension. The Supreme Court has the discretion to impose additional and appropriate penalties against the erring mediator depending on the severity of the action.