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FREQUENTLY ASKED QUESTIONS

What is mediation?
Mediation is a process of settling disputes with the assistance of an acceptable, impartial and neutral third party called a
mediator. The mediator helps parties identify issues and develop proposals to resolve their disputes. Once the parties have
arrived at a mutually acceptable arrangement, the agreement becomes the basis for the courts decision on the case.
This form of mediation is also known as court-annexed mediation since the case has already been filed in court.

What is Judicial Dispute Resolution?


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 judges 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.

What cases are covered by mediation?


1.
2.

All civil cases, settlement of estates and cases covered by the Rule on Summary Procedure. Typical cases would be
collection of debts, ejectment of tenants in apartment dwellings, and inheritance disputes among family members.
Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law such as disputes between
neighbors of the same barangay over property.

3.

The civil aspect of Batas Pambansa 22, which covers the debts paid through bouncing checks.

4.

The civil aspect of quasi-offenses under negligence like motor vehicle accidents that has damaged the vehicle or
injured passengers or pedestrians.

What cases are excluded from mediation?


Cases which cannot be compromised are not included, like legal separation or annulment of marriage.

Can I or the other party refuse mediation?


No. Once the court determines that your case is mediatable, the parties are compelled to appear before the Philippine
Mediation Center (PMC) unit. If the complainant fails to appear for mediation, the case may be dismissed. If the defendant is
absent, the complainant may be allowed to present their side in court without you. The court will then decide the case on the
basis of what was presented.

How will I benefit mediation?


Mediation has been proven to be a faster and certainly less expensive option for settling disputes. Settlements have occurred
in as little as one or two mediation sessions.

Mediation also provides for a fair resolution of your case. By jointly resolving the dispute, both parties can come up as
winners. But best of all, mediation has been proven to restore relationships long disrupted by conflict. The process of
mediation tackles the roots of misunderstanding to help parties resolve their differences.

Where did this idea come from?


Mediation is rooted in our historical experience, in the time when disputing parties would bring their conflict to the village elder
for settlement. As a system, mediation can be found in many indigenous cultures.

Does mediation replace the barangay system of justice?


No. Court-annexed mediation actually complements the Barangay Justice System (Katarungang Pambarangay), probably the
most familiar mode of mediation in the country, in bringing a speedy and fair resolution to disputes. In this system, the
barangay leaders act as mediators between disputing parties within their constituency. The Barangay Justice System attempts
to prevent the case from even going to court. Court-annexed mediation begins when there is a failure to mediate in the
barangay level resulting in the filing of the dispute in court. Mediation attempts to resolve the dispute without going into
adversarial proceedings. Courts will actually dismiss certain cases which have not passed through the Katarungang
Pambarangay.

How effective is mediation?


In the pilot project on mediation conducted by the Philippine Judicial Academy (PHILJA), 85% of cases referred for mediation
reached settlement. Surveys conducted after mediation also revealed a high level of satisfaction among disputing parties in
the outcome of their case. Close to 100% of the parties involved complied with the agreement reached in mediation.

How long will mediation take?


Parties are given 30 days for mediation sessions. The period may be extended to another 30 days to allow you to reach a
compromise agreement.

How much will it cost me?


A mediation fee of P500.00 is collected by the Clerk of Court upon the filing of certain pleadings in court. This fee will accrue
to the Mediation Fund for the training of mediators, payment of mediators fees and other operating expenses of the Philippine
Mediation Center (PMC). The fee will be collected upon the filing of the following pleadings:
IN CIVIL CASES:
1. Complaint
2. Answer with a mediatable counterclaim
IN CRIMINAL CASES:
1. Complaint/information for an offense falling under the Katarungang Pambarangay Law
2. Complaint/information for violation of Batas Pambansa 22, estafa and libel where damages are sought

3.

Complaint/information for quasioffenses falling under Title 14 of the Revised Penal Code.

What happens when I cant afford mediation?


You can ask your lawyer to allow you to avail of court services as a pauper litigant. If the court approves, then mediation is
free.

How is the confidentiality and privacy of my case guarded in mediation?


Sessions are strictly private and confidential. This is to encourage the needed openness and spontaneity for effective
communication in mediation. The mediator can not record the proceedings in any manner other than taking down a few
personal notes for guidance. Even the trial court is not furnished these notes. Any information from a mediation session is in
fact inadmissible in court. Mediators can not be subpoenaed to reveal what happened during these sessions either. All
documents submitted by the parties will be returned to them after mediation.
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Contact PMC

FREQUENTLY ASKED QUESTIONS


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?


How are they accredited?
I want to be a mediator myself. What do I do?
How will I choose a 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?


Im not very good at confrontations or talking about my case. What if I cant express myself? Can someone else speak on my
behalf?
My case involves children. Do they have to attend mediation sessions?
Can mediation take place even if there are instances of wife beating and other forms of domestic violence?
Can a corporation just send their lawyer to the mediation?
Can one complain against their mediator if he or she does not seem to be doing a good job?

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.

As a litigant, how do I prepare for mediation?


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?


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.

Is there an official language for a mediation session?


What will happen when both parties can not seem to agree?
What will happen if the other party does not comply with the agreement reached?
What do I do if the mediation proceedings are leaked to the press?
Where can I learn more about mediation?

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