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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.
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.
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.
3.
Complaint/information for quasioffenses falling under Title 14 of the Revised Penal Code.
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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.