What is the judges role in mediation?

The role of the judge during CAM:

1. He exercises supervision over the case by ensuring that mediation is terminated not
later than 60 days from the referral date.
2. He acts on motions or requests for extension of the time to mediate from 30-60days.
3. impose the necessary sanctions if warranted upon the recommendation of the
mediators, for parties who are absent during mediation proceedings. Sanctions allowed
under Rule 18 of the Rules of Court consist of a) dismissing the suit for failure of the
plaintiff to appear; or b) allowing the plaintiff to present his evidence ex-parte if the
defendant fails to appear in mediation conferences.

The pre-trial judge will rule on the compromise agreement you reached through
mediation. If court-annexed 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.
Examples:
1. custody case..subject xa to mediation or even JDR. The judge then asks the child.
Maternal preference is not absolute. Ginagamit lang xa if ang qualities ni papa is equal
kay mama. Tie breaker lang yan xa. It is not automatic na just because below 7 years
old ang bata, sa mama lang na xa. So unless the resolution of the case requires
consultation with minor children, so pwede sila andun.
2. Habeas corpus case involving children tatanungin din ang bata kanino xa magsama.
During the JDR, sinasabi na nya na if we proceed with this case, talo kana or talo xa.
Tha tis the reason why mediation proceedings are conducted in private. Kaya it cannot
be used by any other. Para din xang mediation. Kaya nga during JDR, the judge acts as
neutral evaluator. So sinasabi nya sa parties na oh ikaw. Talo kana. So ano, mag-
case pa ba tayo? so he says that to encourage parties to settle the case.

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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.
WHAT CASES ARE UNDER THE MANDATORY COVERAGE OF CAM AND JDR?
(1) All civil cases and the civil liability of criminal cases covered by the Rule on
Summary Procedure, including the civil liability for violation of B.P. 22, except those
which by law may not be compromised;
(2) Special proceedings for the settlement of estates;
(3) All civil and criminal cases filed with a certificate to file action issued by the Punong
Barangay or the Pangkat ng Tagapagkasundo under the Revised Katarungang
Pambarangay Law
(4) The civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code;
(5) The civil aspect of less grave felonies punishable by correctional penalties not
exceeding 6 years imprisonment, where the offended party is a private person; (They
are subject to CAM coz the penalties imposed are geared towards the rehabilitation or
correction of the offender. BUT how about grave felonies? Why are they not subject to
JDR? The penalties imposed there are capital penalties for the purpose of
PUNISHMENT!)
(6) The civil aspect of estafa, theft and libel; How about qualified theft? Why is it not
included? Coz there is an involvement of trust.
(7) All civil cases and probate proceedings, testate and intestate, brought on appeal
from the exclusive and original jurisdiction granted to the first level courts under Section
33, par. (1) of the Judiciary Reorganization Act of 1980;
(8) All cases of forcible entry and unlawful detainer brought on appeal from the
exclusive and original jurisdiction granted to the first level courts under Section 33, par.
(2) of the Judiciary Reorganization Act of 1980;
(9) All civil cases involving title to or possession of real property or an interest therein
brought on appeal from the exclusive and original jurisdiction granted to the first level
courts under Section 33, par.(3) of the Judiciary Reorganization Act of 1980; and
(10) All habeas corpus cases decided by the first level courts in the absence of the
Regional Trial Court judge, that are brought up on appeal from the special jurisdiction

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granted to the first level courts under Section 35 of the Judiciary Reorganization Act of
1980;

The following cases shall not be referred to CAM and JDR:

1. Civil cases which by law cannot be compromised (Article 2035, New Civil Code);
2. Other criminal cases not covered under paragraphs 3 to 6 above;
3. Habeas Corpus petitions;
4. All cases under Republic Act No. 9262 (Violence against Women and Children); and
5. Cases with pending application for Restraining Orders/Preliminary Injunctions.

However, in cases covered under 1, 4 and 5 where the parties inform the court that they
have agreed to undergo mediation on some aspects thereof, e.g., custody of minor
children, separation of property, or support pendente lite, the court shall refer them to
mediation.
Q: What will happen if nag-mediate sila and they will enter into a compromise
agreement as to the civil aspect, what will happen to the criminal aspect?
A: The public prosecutor will move for its dismissal. So there must be a motion on the
part of the public prosecutor for the dismissal of the case. (in our fiscal, if VAWC cases,
they move for PERMANENT DISMISSAL. For example, the ground is on economic
abuse. So dili nagasuporta. If ikaw ang lawyer sa babae, wag kang magpayag ng
permanent dismissal of the case. ask only for a PROVISIONAL DISMISSAL. Why? So
that under crim pro, pwede pa xa marevive depende sa penalty. So if the husband failed
to provide support within a year. Nag-support xa ng 6 months pero sa 7th-10th month,
wala na xa nagsupport. So you move for MOTION TO REVIVE THE CASE. so ask only
for a provisional dismissal.)
March 8, 2013
Judicial Dispute Resolution is part of the ADR process where a neutral third person who
is a judge assist the parties in arriving at a settlement of their dispute to put an end to
litigation.
What are the purposes of JDR?
1. Like arbitration and other ADR forms, the purpose of JDR is to put an end to pending
litigation through a compromise agreement of the parties.
2. Another purpose is to empower the parties to resolve their own disputes and to give
effect to the state policy express under RA 9285, that is, to actively promote party
participation in the resolution of disputes or the freedom of the parties to make their own
arrangement to resolve disputes.

So New rule of judges.

Take note, under JDR, the judge acts as mediator, conciliator and early neutral
evaluator any combination thereof . So ang pinakimportant na function ng judge
during the JDR is that he is an early neutral evaluator. Take note, becaus, as an early
neutral evaluator, the judge makes an impartial evaluation of the each partys success
in a case. So if as an early neutral evaluator, sabihin na niya o ikaw talo ka na, ikaw
panalo ka na so that is the main diff between mediation and JDR . Another point is
under JDR there is a two judge system.
What is this 2-judge system?

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1st JDR judge sits during the first stage of the JDR proceeding, that is from the filing
of the complaint to the conduct of court annexed mediation and JDR during the
pretrial stage.
The 2nd judge is what is known as the trial judge . This trial judge presides pre-trial
proper and trial and renders the decision of the case, so in other words under the JDR,
2 ka judges. Different persons who will act as a mediator judge and trial judge.

Role of lawyers in CAM and JDR proceedings Lawyers may attend mediation or JDR
proceedings, but only act as advisers or consultants. They should give up their
dominant role in judicial trials. Accept a less directive role in order to allow parties more
opportunities to craft their won agreement Lawyers responsibilities in CAM and JDR
1. Help clients comprehend the mediation process and its benefits to allow them to
assume greater personal responsibility in making decisions for the success of the
mediation or jdr in resolving the dispute.
2. Discuss with the client the following:
a. Substantive issues involve in the dispute
b. Prioritization of resolution in terms of importance to client
c. Understanding the position of the other side and the underlying fears, concerns and
needs underneath that position.
d. Need for more information or facts to be gathered or exchanged with the other side
for information decision making
e. Possible bargaining options but stressing the need to be open-minded about other
possibilities.
f. The best (BATNA), worst (WATNA) & most (MLATNA) likely alternatives to a
negotiated agreement
3. Assist in preparing a compromise agreement that is not contrary to law, morals, good
customs , public order or public policy so that they may be approved by the court,
paying particular attention to issues of voluntary compliance of what have been agreed
upon, or otherwise to issues of enforcement in case of breach
4. Assist wherever applicable, in the preparation of a manifestation of satisfaction of
claims and mutual withdrawal of complaint and counterclaim as basis for the court to
issue an order of dismissal.

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WHAT CASES ARE UNDER THE MANDATORY COVERAGE OF CAM AND JDR?

(1) All civil cases and the civil liability of criminal cases covered by the Rule on
Summary Procedure, including the civil liability for violation of B.P. 22, except those
which by law may not be compromised;
2) Special proceedings for the settlement of estates;
(3) All civil and criminal cases filed with a certificate to file action issued by the Punong
Barangay or the Pangkat ng Tagapagkasundo under the Revised Katarungang
Pambarangay Law
(4) The civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code;
(5) The civil aspect of less grave felonies punishable by correctional penalties not
exceeding
6 years imprisonment, where the offended party is a private person; (They are subject
to CAM coz the penalties imposed are geared towards the rehabilitation or correction of
the offender. BUT how about grave felonies? Why are they not subject to JDR? The
penalties imposed there are capital penalties for the purpose of PUNISHMENT!)
(6) The civil aspect of estafa, theft and libel; How about qualified theft? Why is it not
included? Coz there is an involvement of trust.
(7) All civil cases and probate proceedings, testate and intestate, brought on appeal
from the exclusive and original jurisdiction granted to the first level courts under Section
33, par. (1) of the Judiciary Reorganization Act of 1980;
(8) All cases of forcible entry and unlawful detainer brought on appeal from the
exclusive and original jurisdiction granted to the first level courts under Section 33, par.
(2) of the Judiciary Reorganization Act of 1980;
(9) All civil cases involving title to or possession of real property or an interest therein
brought on appeal from the exclusive and original jurisdiction granted to the first level
courts under Section 33, par.(3) of the Judiciary Reorganization Act of 1980; and
(10) All habeas corpus cases decided by the first level courts in the absence of the
Regional Trial Court judge, that are brought up on appeal from the special jurisdiction
granted to the first level courts under Section 35 of the Judiciary Reorganization Act of
1980;

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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 itprovides an alternative
venue. Settlement can actually happen within ones lifetime.Intergenerational litigation would
hopefully, be a thing of the past. It was our hero,Jose P. Rizal who commented on cases that
last an eternity handed down from fathers to sons and grandsons.
The Philippine Judicial Academy, as the component unit for Mediation of theSupreme Court, is
committed to make Court-annexed mediation work.