Different ADR Methods

Early Neutral Evaluation

• Non-binding assessment before pre-trial phase

Conciliation
• Conciliator clarifies issues and draws up the agreement

Mediation
• Voluntary process where a mediator facilitates the process

Arbitration
• Arbitrators resolve the dispute by rendering an award

Mini-trial
• Case is argued before senior decision makers who facilitates
negotiated settlement
 What is
Mediation?
A process whereby an impartial
third person, a mediator,
facilitates communication and
negotiation between parties for
the purpose of assisting them
reach a voluntary agreement

Power to decide rests with the

parties
 Kinds of Mediation

Court-Annexed Appellate Court

Mediation Mediation

• Conducted under the • Corollary to CAM

auspices of the Court and provides a
conciliatory approach
in conflict resolution
 Judicial Mobile Court- Court-
Dispute Annexed Annexed
Resolution Mediation Arbitration
• The Judge • Mediation • Arbitrators
employs proceedings appointed by
conciliation, conducted in the court
mediation or a mobile pursuant to
early neutral court arbitration
evaluation in deployed in agreement
order to an area
settle a case
at the pre-
trial stage
A·M. No. 11-1-6-SC-PHILJA
January 11, 2011
“CONSOLIDATED AND REVISED
GUIDELINES TO IMPLEMENT
THE EXPANDED COVERAGE OF
COURTANNEXED MEDIATION
(CAM) AND JUDICIAL DISPUTE
RESOLUTION (JDR)”
 Subject matters are:

Court- Judicial
Annexed Dispute
Mediation Resolution
 3 Stage Process of Mediation

Judge refers JDR judge During the

case to PMC becomes the appeal, case is
for mediation mediator- referred to the
of dispute by conciliator- PMC-ACM
an accredited early neutral unit
mediator evaluator in

ACM
CAM

JDR
an effort to
secure
settlement
 Cases Cases
covered by Settlement of covered by
Summary Estate cases Katarungang
Procedure Pambarangay

Civil aspect Civil aspect Civil aspect of

of quasi of less grave estafa, theft &
offenses felonies libel
 Civil cases &
probate Forcible entry and
proceedings on unlawful detainer on
appeal from 1st level appeal
courts

Cases involving
title/possession of Habeas Corpus
real property on cases decided by 1st
appeal from 1st level level courts
courts
 Cases Not Covered by CAM/JDR

Cases
Can’t be Other With
Habeas under
compro- criminal TRO/P.
mised Corpus RA
Cases Inj
9262
When will
CAM start?

After the pleading stage or

arraignment, judge issues Order
requiring parties to appear before
the PMC
Contents of the Manner of
ORDER Appearance

Require parties to Personal Appearance

appear before PMC of Individual parties

Representatives with
Specify date of SPA to appear,
appearance negotiate & enter into
compromise
agreement
Warn parties of
sanctions which Ranking corporate
maybe imposed for officer to offer,
non-appearance negotiate, accept,
decide & enter into
compromise
 Selection of Mediator

If no If special
agreement, qualification
PMC staff s are
Parties to
to choose required,
select a
by lot the parties to
mutually
mediator in choose
acceptable
the from the
mediator
presence of entire list of
parties & accredited
mediators mediators
• Explain the Mediation
• Thank
mediation parties
process
• Parties’ • Summary of
• Benefits of Agreements
settlement Statement
• Identification • Crafting/Sign
• Confidentiality ing of
• Check on of Issues
Agreement
Authority of • Interest vs.
Parties Position
• Alternatives
(BATNA/WA
Opening TNA)
Closing
Statement
 Summarize
Caucus parties’ Reframe
statement

No Recommend
Don’t Advise
record/notes sanctions
30 days to complete
mediation process reckoned
from the date when parties
first appear for initial
conference
Period of mediation is
excluded from the periods for
trial & rendition of judgment
When • After parties
does fail to settle
JDR their disputes
start? during CAM
 JDR • Handles proceedings from
filing of complaint until the
judge conduct of CAM/JDR

Trial • Presides over the pre-trial

proper to trial & judgment
Judges
Exception

Pending application for

TRO/Prelim Injunction, judge to
whom case is raffled rules on the
applications. The JDR is to be
handled by another branch
Briefs parties & Conducts JDR
counsels of process if case
CAM/JDR is not settled at
CAM

Issues Order Resolves all

of Referral to incidents/motio
CAM & pre- ns during 1st
setting of JDR stage
 JDR is to be
Judge of pair But, parties
conducted by
court may
the nearest
conducts JOINTLY
court,
JDR in the move that the
regardless of
station where court of origin
the level of
the case was conduct both
the latter
filed JDR & Trial
court
 If 2 or more family courts,
If only 1 family court, JDR
court where case is
is conducted by judge of
originally raffled conducts
another branch
JDR

Issues like custody of

Parties may JOINTLY file a
children, support,
motion requesting that
visitation, property relation,
JDR & Trial be conducted
guardianship may be
by court where case is
referred to CAM/JDR even
raffled
if case is non-mediatable
 Parties may, by
Incidents filed
If only 1 special Joint motion,
before pre-trial
court, JDR is request that the
stage shall be
conducted by special court
dealt with by the
another judge conduct the JDR
special court
& trial
Even during trial stage, case maybe
referred to JDR upon written motion

Parties may request that their case

not be transferred to another court

Party who fails to appear during JDR

conference may be sanctioned
(censure, reprimand, contempt,
reimbursement
30 days for 1st 60 days for 2nd
Level Courts to Level Courts to
complete JDR complete JDR
Help clients understand the mediation
process

Discuss with clients the issues, options,

alternatives, facts of the case

Assist in preparing the compromise

agreement
Complaint /Answer w mediatable
permissive counterclaim etc.

Information w/ penalty of 6
years max w/o reservation
Information for Estafa, Theft &
Libel w/o reservation
Information for quasi-offenses
Intellectual Property cases

Commercial/Corporate Cases

Environmental Cases

Upon filing of Notice of Appeal

MEDIATION
 Rules of Procedure for
Environmental Cases
• A.M. No. 09-6-8-SC (April 29, 2010)
• The rule is a response to the need for
more specific rules that can sufficiently
address the procedural concerns that are
peculiar to environmental cases
• Remedies provided are directed to the
actual difficulties encountered by those
handling environmental cases

Multi-Sectoral Capacity Building on Environmental Laws

and the Rules of Procedure for Environmental Cases
 Mediation of Environmental
Disputes under Rule 3
• Notice of Pre-Trial (Sec. 1)
• Pre-Trial Brief (Sec. 2 in relation to Sec. 7)
A statement of the parties’ willingness to enter
into an amicable settlement indicating the
desired terms thereof or to submit the case to
any of the alternative modes of dispute
resolution
Failure to comply w/ required content a ground
for contempt

Multi-Sectoral Capacity Building on Environmental Laws

and the Rules of Procedure for Environmental Cases
 Mediation of Environmental Disputes
under Rule 3 (cont’d)
• Referral to Mediation (Sec. 3)
At start of pre-trial conference, court shall
inquire if parties have already settled the
dispute;

Otherwise, court shall refer the parties to the

PMC unit or, if not available, to the clerk of
court or legal researcher for purposes of
mediation

Multi-Sectoral Capacity Building on Environmental Laws

and the Rules of Procedure for Environmental Cases
 Mediation of Environmental Disputes
under Rule 3 (cont’d)
• Mediation Period (Sec. 3)
Mediation must be conducted within a non-
extendible period of 30 days from receipt of
notice of referral to mediation

• Mediation Report (Sec. 3)

Within 10 days from expiration of the 30-day
period

Multi-Sectoral Capacity Building on Environmental Laws

and the Rules of Procedure for Environmental Cases
Efforts to Settle Environmental Disputes
under Rule 3
If mediation fails: referral to branch clerk of
court prior to date of continuance of pre-trial for
a preliminary conference (to assist the parties
in reaching a settlement) (Sec. 4)

During pre-trial conferences: judges shall exert

best efforts to persuade the parties to arrive at
a settlement of the dispute (Sec. 5)

Multi-Sectoral Capacity Building on Environmental Laws

and the Rules of Procedure for Environmental Cases
 Efforts to Settle Environmental Disputes
under Rule 3 (cont’d)

 In case of failure to settle/no full settlement: judge

shall encourage referral of the case to a trial by
commissioner under Rule 32, Rules of Court or to
a mediator or arbitrator under any of the
alternative modes of dispute resolution governed
by the Special Rules of Court on ADR [Sec. 6 (k)]

Multi-Sectoral Capacity Building on Environmental Laws

and the Rules of Procedure for Environmental Cases
 Efforts to Settle Environmental Disputes
under Rule 3 (cont’d)

 Courts shall endeavor to make the parties agree

to a compromise or settle in accordance with law
at any stage of the proceedings before rendition
of judgment (Sec. 10)
 Power of the court to impose participation &
cooperation between the parties (Annotation to
the Rules)

Multi-Sectoral Capacity Building on Environmental Laws

and the Rules of Procedure for Environmental Cases
 Consent Decree
• Judicially-approved settlement between
concerned parties
Based on public interest and public policy to
protect and preserve the environment [Rule 1,
Sec. 4(b)]
In accordance with law, morals, public order
and public policy to protect the right of the
people to a balanced & healthful ecology. (Rule
3, Sec. 5)

Multi-Sectoral Capacity Building on Environmental Laws

and the Rules of Procedure for Environmental Cases
 Consent Decree (cont’d)
• Emphasizes public interest aspects of
environmental cases
• Encourages parties to expedite resolution of
environmental cases
• CONTRACTUAL and JUDICIAL aspects

Multi-Sectoral Capacity Building on Environmental Laws

and the Rules of Procedure for Environmental Cases
 Other Considerations
Environmental Mediation will not work
when parties consider their case as a
heroic battle or infected by extreme
irrationality
Proper/Correct observation of the
process is dependent on the skill of the
mediator
No guarantee of avoiding the court
Multi-Sectoral Capacity Building on Environmental Laws
and the Rules of Procedure for Environmental Cases
 Other Considerations
Issues raised in an unsuccessful
mediation may not be the same issues
revisited by the Court
Preparation for mediation is time
consuming
Sometimes, the dispute does not involve
rights between private citizens but relevant
policy criteria

Multi-Sectoral Capacity Building on Environmental Laws

and the Rules of Procedure for Environmental Cases
Basic Mediation Tools

P
A B
Thank You