Judge Mona Lisa V.

Tiongson-Tabora
RTC, Branch 7, Baguio City

1
 appreciate the important attitudes and
attributes that a JDR Judge must
imbibe and practice for the effective
performance of their new roles as
conciliators, mediators, and/or early
neutral evaluators; and

surface and discuss ethical issues that

may arise in the practice of JDR.

2
 It is our attitude at the
beginning of a difficult
task which, more than
anything else, will affect
its successful outcome.
-William James
American Philosopher

3
*Be on time as this is a sign that you
respect the time of others
*Sets the tone for the meeting, waiting
could adversely affect mindset of parties

4
*Be receptive to new or
different ideas
*Welcome the opinion of
others

5
*Be attentive, listen with the intent to
understand
*Be perceptive of the emotions behind
the narrations

6
*Think positive, but do not go unprepared.

A pessimist sees the difficulty in every opportunity;

an optimist sees the opportunity in every difficulty.
-Sir Winston S. Churchill
Former Prime Minister of the UK

7
8
*Treat each side equally in terms of time
and opportunity
*Offer neutral grounds to encourage them
to be candid and to explore all possibilities
Fairness is what justice really is.
-Potter Stewart
Associate Justice of the US Supreme Court

9
*Project a sense of calmness to help
the parties feel safe and secure
*Relaxed demeanor encourages
parties to be more open to new ideas
and suggestions

10
*Alert to possible points of agreement
*Read body language of the parties
*Sift through information to get the right
perspective

11
12
*Give the parties enough time to express
their thoughts.
*Do not be discouraged by hostility, lack
of cooperation, stubbornness or other
difficulties in dealing with the parties.

13
14
*Seek divine intervention
Prayer is the beginning and the end, the source
and the fruit, the core and the content,
the basis and the goal of all peacemaking.
-Henri Nouwen
Catholic Priest, Prolific Author

15
Judge Mona Lisa V. Tiongson-Tabora
RTC, Branch 7, Baguio City

16
Ethics is the branch of philosophy that involves
systematizing, defending, and recommending
concepts of right and wrong conduct. The term
ethics is derived from the Ancient Greek word
ethikos, which is derived from the word ethos
meaning habit or custom. (Source- Wikipedia)

17
 In simple terms, Ethics is:

* A set of principles of right conduct

*A theory or a system of moral values

18
 Ethics is knowing the difference
between what you have a right to do
and what is right to do.
Potter Stewart
Associate Justice of the US Supreme Court

19
2. THE PUBLIC INTEREST
The courts exist to promote justice; and
thus to aid in securing the contentment and
happiness of the people Every judge should
avoid unconsciously falling into the attitude of
mind that the litigants are made for the courts
instead of the courts for the litigants.

20
 *StatePolicy: to actively promote
party autonomy in the resolution of
disputes or the freedom of the parties
to make their own arrangement to
resolve disputes.

21
 JDR Judge must take the
backseat in JDR, should not
undermine freedom of parties to
self-determination for any reason,
e.g., success rate, ego, case
disposal.

22
 However, JDR Judge must strike a
balance between respecting parties
right to self-determination
and the duty to inform them of the
importance of consultation to help
them make informed choices.

23
3. AVOIDANCE OF APPEARANCE OF
IMPROPRIETY
A judges official conduct should be free
from the appearance of impropriety, and his
personal behavior, not only upon the bench and
in the performance of judicial duties, but also in
his everyday life, should be beyond reproach.

24
 JDR Judge must inhibit from
conducting JDR if disqualified under
Sec. 1, Rule 137 of the ROC

Ifnot disqualified, JDR Judge should

make full and fair disclosure of any
fact which may affect any of the
parties willingness to participate

25
 JDR Judge should inquire if there are
any facts which could create potential
or actual conflict of interest

Ifincapable of remaining impartial,

JDR Judge must voluntarily recuse to
conduct JDR

26
29. GIFTS AND FAVORS
He should not accept any present or favors
from litigants or from lawyers practicing before
him.
Rule 5.04. A judge or any immediate member
of the family shall not accept a gift, bequest,
favor or loan from anyone except as may be
allowed by law. (Code of Judicial Conduct)

27
JDR Judge must be free and must appear
to be free from any favoritism, bias or
prejudice
JDR Judge must be mindful of words
used, body language and process
management to reflect an even-handed
approach
JDR Judge should treat every litigant
equally regardless of background, beliefs,
status or attitude
28
1. Competence- JDR Judge must know the
limits of ability and expertise

2. Confidentiality- JDR Judge must safeguard

confidentiality of the whole process;

29
3. Voluntariness- Although CAM and JDR are
mandatory, each partys right to walk away must
be respected as long as they make an effort
and they participate in good faith.

4. Do no harm- JDR Judge should avoid

conducting the process in a manner that
worsens the dispute; also includes the duty to
do no harm to third parties.

30
31
32