Results and Discussion

From the answers of the research participants, the authors named the purposes of
conciliation and mediation as a pre-trial measure. They narrated how these pre-trial courses can
become useful and efficient in delivering legal aid services. The following discussions are
separated from every sector of participants.
Economic remedy
As one of the mandates of the Commission on Human Rights is to provide preventive
measures and legal aid services, it is stated that it is for the under-privileged. Generally, the
participants said that alternative dispute resolution (ADR) is useful to cut costs from trials and
long processes of our legal system. CHR offers conciliation and mediation for free, and if both
parties agree, there is no need for further financial concern. As what a CHR employee said, a
pre-trial course shall serve a case to end there, and not proceed to court anymore. She cited that
once, there was a case about a wife requesting from his husband a financial support for their
child. The problem is that the husband had an affair with another girl and so the couple got
separated. By this, the participant said that the woman can file a case against the husband
because elements of concubinage are present and there is RA 9262 or the Violence against
Women and Children Act. However, the woman, decided not to file any cases because in the
first place, money is the factor that precludes her in continuing to live peacefully. She knew that
money is a prerequisite in achieving a successful legal battle, but for a remedy, she resorted for
ADR. Definitely,
According to the sector of human rights movements, all sides of the community
especially the flawed justice system definitely shows class bias on human rights. He said that
this is evident on how cases are from the upper class is different on how cases from the poor or
the mass are being catered and decided upon. As an example, the participant said his experience
on forwarding the case of a farmer against a member of the armed forces of the Philippines.
Conciliation, he said, is a better legal measure than to fight on legal courts withstanding the
expensive, very rigid and bureaucratic process of legal complaints.
Expensive, thats why they say that justice is only for the rich. You spend so much for
you to achieve justice. If you look at statistics when I was in the time of anti- death penalty I
think 80 or 90 percent belong to the poor you cannot afford a lawyer., said a human rights
lawyer. He continued, Others would say when you go to Abra you can hire a killer just for five
thousand pesos than going into court and paying so much. This proves that it is a better option
to mediate or conciliate immediately than pursuing cases on court. A participant from Free
Legal Assistance Group (FLAG) supplemented that in ADR, I do not very much want to earn so
much; I care more for the client. I think I turn to mediate immediately. Not all citizens could
afford lawyers. Conciliation and mediation would mean that there will be no more hiring of
lawyers to represent them on courts, no need to produce papers such as affidavits, and no more
additional payments from efforts to follow-up the case. She continued by saying They will send
their case both of them then if they understand and compromise each other. Thats what you call
the ending as I saw it. As I see it, we sit down with the mediator who listens to us. Both parties
try to make proposals, and I really appreciate it because they always have something. However,
she said that if they do not compromise, they will just brag to lose each others money.
Saves time and effort
In extension of the purpose of saving money from the legal battle, some of the
participants also considered the efficacy of ADR to minimize time and effort. The legal system
of the Philippines is a long and complicated one. Cruz (2014) claims that Philippines has the
slowest justice system in the world. A human rights activist from Progressive Igorots for Social
Action (PIGSA) believed that the justice system is flawed, and so it is one factor of how cases
are being judged. He said that class bias is prevalent in our system, and that there is a long
bureaucratic process that favors the powerful so as long as pre-trial course could be done, it is a
safe measure not to undergo such complicated process.
Participants from the human rights lawyers sector also agreed that pursuing cases will
demand time, dedication, and effort. A lawyer supplemented that there is always at least one
party to have a lawyer, then we will have many prosecutors, then we will have a judge appear
anytime they want to meet. This would create hassle on both parties. He added that lawyers are
so stressed with their cases, so it is much more stressful to those who are involved in the case.
Another participant narrated that there are times when there are these simple cases that can be
talked through and should not really take much time and get it into court. In some instances
when the other party got lost in the trial and is not fulfilled with how the case resulted, they will
appeal and continue to appeal. This could possibly take the case for years until a decision would
be made. She confirms that it is a very long process and it is expensive. Furthermore, another
lawyer claimed that instead of waiting for years just to wait a decision on courts, it is better to
undergo ADR because it would be done immediately depending on the cooperation of the
parties, but sometimes it will take more than a week depending on how fast the parties will be
able to come up with a compromise an option which they will both agree upon. If I am not
mistaken the mediation can took up to 60 days but you can ask the court for an extension if the
mediator see a development, chance and a possible settlement between the parties., he
concluded.
Saving time and effort is as much of importance on the part of CHR. If a case will be
settled immediately, then it would mean that there would be no investigation of cases. You
know that cases that do not undergo ADR are serious human rights violation, such as violence
against women and children. These cases are filed on our court and we can actually represent
them. It is our job to investigate on this case and win. So really, human rights cases are our
priority, and cases that can be settled through talk should only be negotiated. It they will pursue
it in courts, and then it will add to our workload in putting effort to represent them.
Deterrence of further physical, emotional and psychological suffering
Almost all of the participants also recounted the importance of conciliation and mediation
in avoiding physical fights. According to a member of Cordillera Human Rights Alliance
(CHRA), most people who undergo the process of conciliation and mediation are families. She
said that it is better to undergo the pre-trial measure because it prevents more fights and
emotional pain. She complemented this by citing an example about her experience in
conciliation between Cordillerans. Since CHRA is also conducting pre-trial courses, she said
that it really helps because it prevents tribal wars to happen. She added that it is crucial for those
parties to agree because tribal wars may lead to physical injuries, and worse, killings. She said
Yang usapin ng tribes na pag hindi kaagad yan inupuan, hindi kaagad magmemediate ang mga
matatanda or yung people concerned, makaka-affect yan sa hindi lang iisa o dadalawa na
mamamatay. [The issues on tribes, if not immediately settled through talks or through the
advice of the elders, the effect would be casualties of not only one or two people, but more.] By
this, she claimed that to arrive on an agreement within the level of tribal negotiation is the most
effective way of conciliation and mediation.
In terms of emotional pain, it is related to proceedings on court trials. During court trials,
the accused usually experience humiliation. Participant from human rights lawyer sector said
that people are so judgmental because even though the case is still not decided people are already
thinking. She said that mediation, especially in divorce, is not only less costly but it neutralizes
the emotional elements of the process and allows for realistic negotiations in a private,
confidential atmosphere. The participant continued by saying that these are not criminal cases,
and people fail to give chance to the person to be rehabilitated. Conciliation and mediations aim
is to give chance for people to renew their past. She also claimed that not because a crime is
intended, doesnt mean the person is bad or evil. Bergner & Torres (2010) wrote that in the wake
of public conviction about his guilt, a man was suspended from his job pending the decision in
his court case; his wife left him; and he became a social outcast who could no longer present
himself in public and faced an almost certain lengthy jail term. Furthermore, after decisions are
announced on courts, some parties might get hurt and not be pleased by it. This would mean
emotional dissatisfaction to people involved.
CHR employees say that it is also painful on part of lawyers who represent cases.
Makikita mo kasi talaga yung pagod nila; minsan maluluha pa sila kapag kinakausap mo sila
kasi nawawalan na talaga sila ng pag-asa., one participant said. Because of multiple
proceedings and long process of investigation, litigations and trials on court, they say that
emotional and physical strength should be possessed. Because of that, they say that it is really a
better choice to exhaust all possible remedies before cases would proceed to court trials.
Decongestion of courts and jail
Most of the participants said that conciliation and mediation encourages for cases to be
settled before it would proceed to court trials and be clogged because of many cases filed.
Hundreds of thousands of cases remain pending for further action or resolution. The cases
pending in all levels of the judicial system keep piling up at an alarming rate. The average
judicial disposal of cases annually is only 85.83% (Tadiar, 1999)
A human rights lawyer said that because conciliation and mediation fuses the dockets of
the court, it will eliminate clogged cases. He continued by citing his experience on the Philippine
Mediation Board (PMB), that it is very effective because he was a part of it. He said that
mediation helps a lot because it resolves more than 50 percent of the cases filed. The possible
opportunities for parties to meet in this task are the possibility of arriving for a settlement of both
parties, he also said. Another participant added that even the judiciaries have so much to do and
process. And if trials would have ended sooner and they will go to jail, she supplemented, our
jails are with the same situation as courts. It is clogged and it holds more than its capacity. This
is also the perspective of other participants from the sector of CHR employees, and said that it is
better to declog courts and jails.
 As member of Anakbayan Party list, a participant said that the government is the
perpetuator of injustice, especially in the promotion of human rights. Nabibili ang hustisya, at
karamihan sa mga nakukulong ay di karapat-dapat, partikular sa usapin ng pakikibaka., [Justice
is for sale, and almost all who go to jail are those who are not deserving of it], he said. He
added, Nakakapanlumo na ang mga namumuno dito ay hindi genuinely na nagsisilbi para sa
mga mamamayan [It is disappointing that those who are in position are not genuinely serving
the people.]. He believes that it is a more reasonable option to mediate rather than go to an
oppressive and unjust process.
 References
Bergner, R. M. & Torres, W. J. (2010, June). Humiliation: Its Nature and Consequences. In
Journal of the American Academy of Psychiatry and the Law Online. 38 (2) 195-204;

Cruz, N. H. (2014, November). PH has slowest justice system in the world. Inquirer.net.
Retreived from http://opinion.inquirer.net/80394/ph-has-slowest-justice-system-in-the-
world-2

Freed, A. O. (1991). Divorce Mediation: How to Cut the Cost and Stress of Divorce (Book).
Social Work, 36(6), 549.

Tadiar, A. F. (1999, June). Unclogging the Court Dockets. In Symposium on Economic Policy
Agenda for the Estrada Administration, Quezon City (Vol. 1).