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COURT ANNEXED MEDIATION (CAM) - MAKING IT WORK

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THE PHILIPPINE EXPERIENCE
Hon. Ameurfina Melencio Herrera
Chancellor, Philippine Judicial Academy



Definition

Court-Annexed Mediation, as practiced in the Philippines, is an enhanced pre-trial
procedure that involves settling mediatable cases
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filed in court with the assistance
of a mediator who has been accredited by the Philippine Supreme Court. The
mediator assists party litigants to identify issues and develop proposals to resolve
their disputes. Since the installation of the JURS
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Project in 2003, the process has
come to include the Judicial Dispute Resolution (JDR). Mediation has also moved
upward from the trial court level to the Appeals Court level.

Designation of the Philippine Judicial Academy

On October 16, 2001, the Supreme Court of the Philippines designated the
Philippine Judicial Academy (PHLJA) as its component unit for court-referred, court-
related mediation cases and other ADR mechanisms. This was a follow-through to
the 1997 directive of the Court to PHLJA "to conduct an in-depth examination of our
present legal and judicial system for the purpose of upgrading, improving, and
reforming it to meet the changes in and challenges of the new millennium. What
better mechanism than through Court-Annexed Mediation (CAM) aimed at de-
clogging the heavy dockets of our courts and giving our judges quality time for the
rendition of persuasive decisions!


Compliance and Procedure

Deliberately and cautiously, the Academy took one step at a time in establishing
court-annexed mediation.


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A Presentation by Justice AmeurIina A. Melencio Herrera, retired Justice oI the Supreme
Court, and Chancellor oI the Philippine Judicial Academy, at the International Conference
and Showcase on Judicial Reforms, Parallel Session C, November 29, 2005, at the Makati
Shangri-La, Philippines.

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All civil cases, settlement oI estates, and cases covered by the Rule on Summary Procedure, except those
which by law may not be compromised;
Cases covered by the Lupong Tagapamayapa under the Katarungang Pamparangay Law;
Civil aspect oI quasi-oIIenses under Title 14 oI the Revised Penal Code;
Civil aspect oI EstaIa and Libel cases where damages are sought (A.M. No.04-2-04-SC, dated July 20,
2004, eIIective August 16, 2004).

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Justice Reforms Initiatives Support Profect in support oI the APJR.

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With a success rate of 85% of the 2
nd
pilot-testing in 2000, implementation of CAM
started in 2001. We have established twenty-nine (29) Mediation Center Units in
Metro Manila, Metro Cebu, Metro Davao, and adjacent sites. With the JURS project
started in 2002, we have established two (2) JURS model court sites in San
Fernando, Pampanga, sland of Luzon, and Bacolod City in the Visayan slands.
These Centers are now operational and render daily mediation services in their
respective areas.

Acceding to requests for the opening of Mediation Centers, we have expanded CAM
to Tacloban City in the Visayas, and Cagayan de Oro and General Santos City in
Mindanao. The JURS Project is also opening up new sites in Baguio City, which is
the capital of the Cordillera Autonomous Region, and linking up with CAM in
Cagayan de Oro for its Judicial Dispute Resolution (JDR) component.

PMC Units operate under the control and supervision of PHLJA in coordination with
the Office of the Court Administrator, through the Executive Judges. The Mediation
Center is run by a Unit Coordinator, an officer-in-charge, and a Daily Supervisor,
who are assisted by judicial officials and court personnel.

Essentials

nclusion in the Action Plan for Judicial Reforms (APJR)

The priority given to ADR by the APJR, which is the legacy of Chief Justice Hilario G.
Davide to the Judiciary, contributes greatly to the success of this pioneer endeavor.
The Supreme Court and its different units have been most supportive. Development
partners lent us all the assistance they could. would like to make special mention
of the US AD and THE ASA FOUNDATON, which have been mainly responsible
for these endeavors, from pilot-testing, to implementation, to expansion, and onward
to the elevation of the mediation effort to the Court of Appeals in Manila (Luzon), in
Cebu City (Visayas), and in Cagayan de Oro City (Mindanao).

Guidance and Support from the Supreme Court

The receptiveness to reforms, the guidance and steady support of the Supreme
Court have been indispensable factors in making CAM work. Administrative
Circulars, Guidelines on procedures to be followed, declaration of Settlement
Periods, amendments of the Rules of Court on Legal Fees, all emanated from the
Court upon recommendation of the Academy
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. The project has now become a

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Supreme Court ssuances re Court-Annexed Mediation

1. Amended Guidelines for the mplementation of Mediation/Conciliation Proceedings in the Pilot
Areas of Mandaluyong City and Valenzuela City (November 16. 1999).
2. Administrative Order No. 21-2001 re: Participation in the Amicable Settlement Weeks.
Administrative Order NO. 24-2001 re: nclusion of Additional Participants in the Amicable
Settlement Weeks (March 5, 2001).
3. A.M. No. 01-10-5-SC-PHLJA and OCA Circular No. 82-2001 re: Designating the Philippine Judicial
Academy as the Component Unit of the Supreme Court of the Court-Referred, Court-Related
Mediation Cases and Other Alternative Dispute Resolution Mechanisms, and Establishing the
Philippine Mediation Center for the Purpose.
4. OCA Circular No. 2-2002 re Memorandum on Policy Guidelines between OCA and BP.
5. Administrative Circular No. 20-2002 re Monthly nventory and Referral of Cases for Mediation
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benchmark program of the Supreme Court, through the Philippine Judicial Academy.
Court-annexed mediation has been institutionalized.
Guideline for Lawyers

A significant Guideline contributory to making CAM work was issued by the Supreme
Court in 9 March 2004. t requires parties' counsel in court-annexed mediation
cases, to prepare the client for mediation, participate in the mediation session, assist
in the preparation of the Compromise Agreement and provide guidance in
compliance with the terms of judgment on a compromise. The guideline was
essential because of resistance encountered from the legal profession.

The Working Committees

The ADR Committee and the Design and Management Committee, both headed by
Professor Eduardo de los Angeles former Dean, and now President of the Manuel L.
Quezon University, whose avocation is ADR since many years back, and the
Committee members, have spearheaded, managed and monitored all efforts. The
Academy owes them a debt of gratitude for making CAM work.
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The Court Officials and Personnel

The active participation, collaboration, and cooperation of the Honorable Court
Administrator, Executive Judges, Presiding Judges, Clerks of Court, Branch Clerks
of Court and court personnel designated by Executive Judges have also been
instrumental in ensuring the effectiveness of CAM.


6. Administrative Memorandum No. 04-1-12-SC re Guidelines for the mplementation of an Enhanced
Pre-trial Proceeding Through Conciliation and Neutral Evaluation (January 20, 2004)
7. Administrative Memorandum No. 04-3-05-SC "Guidelines for Parties' Counsel in Court-Annexed
Mediation Cases (March 23, 2004).
8. Administrative Memorandum No. 04-3-15-SC-PHLJA re: 1. "Revised Guidelines for the
mplementation of Mediation in the Court of Appeals; 2. "mplementing Rules and Regulations on
Mediation in the Trial Courts; 3. Additional Requisites for nclusion in Complaints, Petitions and
Other nitiatory Pleadings filed in all courts other than the Supreme Court, Court of Appeals,
Sandiganbayan and Court of Tax Appeals, of a Determination that Cases are Mediatable; 4.
"mplementing Rules and Regulations on Medation in the Trial Courts; 5. "Re-accreditation of the
179 PHLJA Mediators, effective for a term of two years, retroactive from January 1, 2004 and up to
December 31, 2005 (March 24, 2004).
9. Administrative Memorandum No. 04-2-04-SC re: Proposed Revision of Rule 141, Revised Rules of
Court (August 16, 2004).

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Presiding OIIicer - Justice AmeurIina A. Melencio Herrera - Justice AmeurIina A. Melencio Herrera
Chair - Dean Eduardo D. de los Angeles - Dean Eduardo D. de los Angeles
Members - Justice Justo P. Torres - Justice Jose C. Vitug
- Justice Jose C. Vitug - DCA Bernardo T. PonIerrada
- DCA Bernardo T. PonIerrada - DCA Jose P. Perez
- DCA Jose P. Perez - Chairman AlIredo T. Tadiar
- Chairman AlIredo T. Tadiar - Dean PaciIico A. Agabin
- Dean PaciIico A. Agabin - Dean Eulogia M. Cueva
- Dean Eulogia M. Cueva - Comm. Linda L. Malenab Hornilla
- Comm. Linda L. Malenab Hornilla - Judge Lucia V. Isnani


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The Executive Judge directs the judges in areas where PMC units exist. The
Mediation Centers rely on the Presiding Judges for the referral of cases to mediation.
The court personnel assist in said referral and in the preparation of the inventory of
cases, and monthly reports. The Clerk of Court collects and deposits the mediation
fees. The Branch Clerk of Court segregates the mediatable cases from the rest.
The Clerk-in-charge acts as liaison of the Executive Judge.

The Mediation Center

This is run by a Unit Coordinator, an officer-in-charge, and a Daily Supervisor.
Judicial officials and court personnel assist them.

The Mediation Process

Making mediation a part of Pre-trial also accounts for making the program work.
Upon appearance of the parties during pre-trial in cases covered by mediation, the
Judge immediately directs the parties to appear before the Mediation Center unit
located in the courthouse. This referral is mandatory. f Mediation succeeds, a
Compromise Agreement signed by the parties and counsel is furnished the court. f
mediation fails, the case is returned to the court, which shall then set the case for
resumption of pre-trial and thereafter, to try and decide the case on its merits in
areas not covered by JURS.

The Mediators

The effectiveness of court-annexed mediation rests heavily on mediators. We have
professional Mediators. They undergo basic training for five days, and an nternship
Program for one month under the guidance of mentors. During this period, they
handle actual court cases. They are accredited by the Supreme Court. They are
officers of the court when in the performance of their functions. They are bound by a
Code of Ethical Standards for Mediators. They must be ready to serve pro bono, or
at a reduced rate, for the financially disadvantaged in society. Only those accredited
by the Court are qualified to mediate in court-annexed mediation.

We now have 311 mediators and 216 newly trained mediators.

The Mediation Fees

These are collected in the trial court and the appellate court levels. n the trial
courts, in civil cases, they are collected upon the filing of a complaint and an answer
with a mediatable permissive or compulsory counterclaim. n criminal cases, upon
the filing of a complaint or information. Fees are also collected in appeals from the 1
st

level courts to the Regional Trial Courts, and in appeals from the Regional Trial
Court to the Court of Appeals or Sandiganbayan. And in the Court of Appeals, upon
the filing of a mediatable case, special civil action, comment/answer to the petition
and the appellee's brief.

The Mediation Fund

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Mediation Fees are collected even in areas where there are no PMC units in order to
build up a Mediation Fund. This shall be utilized for the promotion of court-annexed
mediation, training of mediators, payment of mediators' fees, operating expenses of
the PMC units, etc.

To ensure access to justice, pauper litigants are exempted from contributing to the
Mediation Fund. Also exempted are the Republic of the Philippines, and the
provincial, municipal Treasurer or Assessor.

The JURS Project

This is the Justice Reforms Initiatives Support Project in support of the APJR. t is a
5-year bilateral project funded by the Canadian nternational Development Agency
(CDA), with the National Judicial nstitute as the Canadian Executing Agency, and
with PHLJA as a partner. t is designed to strengthen the use of mediation as an
alternative dispute resolution (ADR) through the combined mechanisms of CAM and
Judicial Dispute Resolution (JDR). f mediation fails in the Pre-trial stage, the case is
brought back to court for the JDR process. The judge becomes a conciliator,
mediator, or neutral evaluator. The proceedings remain confidential. f JDR fails,
the case goes to the pair Judge for trial in order to preserve confidentiality.

A total of thirty-one (31) model courts in two pilot sites have adopted and
institutionalized the use of CAM and ADR. PHLJA is strengthening family courts
and the family mediation program through this project. The Project has shown
considerable success in the first eleven (11) months of implementation and is
becoming part of the judicial landscape.

The Appeals Court Mediation Project

Encouraged by the success of CAM, we started the Appeals Court Mediation Project
(ACM) in 2003. t is now institutionalized and mediation is in full swing.

Mediation Statistics

Court-annexed Mediation (CAM) 77%
(as of June 2005)
- JURS Project
- CAM
Appeals Court Mediation (ACM) 67%
(Pilot Testing 2003)

Lessons Learned

! There is need to enlist the cooperation of all stakeholders (judges, lawyers,
the public, local governments, litigants) and to work in collaboration with the
units, officials and personnel of the judiciary.
! The organizational structure in place has to be converted into a more
permanent one, with a separate budget for the Mediation Centers.
! Mediators must have proper qualifications and comprehensive training; there
should also be continued recruitment and training.
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! Mediation fees and the fee structure for Mediators are crucial considerations.
! Proper techniques must be prescribed for evaluation, measuring success, and
tracking impact.
! There is need to integrate the curriculum for CAM, JURS, and ACM
programs.
! Manuals should be prepared for the guidance of Mediators and all
stakeholders.
! Systems, operations, and procedures should be improved.
! A data collection system should be designed that will track various
performance indicators such as decreased dockets.
! An independent evaluation is best conduced that will assess the impact of
mediation on the speed of dispute resolution, costs of litigation, and quality of
dispute resolution services.
! Submission of reports, including financial reports, in prescribed forms should
be submitted for proper tracking and improvement of processes.

Planning for the Future

Our blue-print of action includes the opening up of additional sites all over the
country with a target of at least one Mediation Center Unit in each of the thirteen (13)
judicial regions.

! We will have to strengthen the organizational structure of the Philippine
Mediation Center and all its Units nationwide.
! We will have to sustain the expansion of the program. We will have to
determine the sufficiency and viability of the fees that are now being collected
under the provision of Rule 141 of the Rules of Court.
! We will need legislation that will institutionalize Mediation Centers and
provide them with their own budget. Until we have that budget, we will have
to ask for the indulgence of our development partners under the continued
Action Plan for Judicial Reforms.
! We will have to arrive at the proper and reasonable fees to be paid our Court-
annexed Mediators.
! We will enhance Family Mediation.
! We will expand the cases to be covered by Mediation.

Conclusion

This then is how we have made Court-annexed mediation work and how we prepare
to make it work in the Philippines, with faithful dedication to the effort, with firm belief
in its potential to reduce the backlog of the courts, as its "instrumental value, and to
empower our people to settle their own disputes, as its "intrinsic value.

Court-annexed mediation is hardly a panacea for the resolution of all disputes, but it
provides an alternative venue. Settlement can actually happen within one's lifetime.
ntergenerational litigation would hopefully, be a thing of the past. t was our hero,
Jose P. Rizal who commented on "cases that last an eternity handed down from
fathers to sons and grandsons.

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The Philippine Judicial Academy, as the component unit for Mediation of the
Supreme Court, is committed to make Court-annexed mediation work.