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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.
What is Judicial Dispute Resolution?
Judicial Dispute Resolution (JDR) is another innovation in the Philippine court system. When
court-annexed mediation fails, the case is brought to the judge who then acts as a
conciliator, a neutral evaluator and a mediator. The judge will try to mediate the case. If the
judges intervention as a mediator succeeds, the case is concluded with a judgment based
on a compromise. If the dispute is still unresolved, then the case is referred to another
judge for trial. Both parties must now be prepared for litigation.
What cases are covered by mediation?
1. 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.
Parties are given 30 days for mediation sessions. The period may be extended to another 30
days to allow you to reach a compromise agreement.
How much will it cost me?
A mediation fee of P500.00 is collected by the Clerk of Court upon the filing of certain
pleadings in court. This fee will accrue to the Mediation Fund for the training of mediators,
payment of mediators fees and other operating expenses of the Philippine Mediation Center
(PMC). The fee will be collected upon the filing of the following pleadings:
IN CIVIL CASES:
1. Complaint
2. Answer with a mediatable counterclaim
IN CRIMINAL CASES:
1. Complaint/information for an offense falling under the Katarungang Pambarangay
Law
2. Complaint/information for violation of Batas Pambansa 22, estafa and libel where
damages are sought
3. Complaint/information for quasioffenses falling under Title 14 of the Revised Penal
Code.
What happens when I cant afford mediation?
You can ask your lawyer to allow you to avail of court services as a pauper litigant. If the
court approves, then mediation is free.
How is the confidentiality and privacy of my case guarded in mediation?
Sessions are strictly private and confidential. This is to encourage the needed openness and
spontaneity for effective communication in mediation. The mediator can not record the
proceedings in any manner other than taking down a few personal notes for guidance. Even
the trial court is not furnished these notes. Any information from a mediation session is in
fact inadmissible in court. Mediators can not be subpoenaed to reveal what happened during
these sessions either. All documents submitted by the parties will be returned to them after
mediation.