Philippine Mediation Center 01 6qu2s

FREQUENTLY ASKED QUESTIONS What is the step-by-step procedure for mediation? Upon the filing of certain pleadings, the P500.00 mediation fee will be collected by the Clerk of Court. After your case is determined to be mediatable, the Branch Clerk of Court will issue a Notice of Order of Pre-Trial. Both parties and their counsel will be required to appear before the judge. The court will order you both to the Philippine Mediation Center (PMC) Unit for an orientation on mediation. The Daily Supervisor (DS) of the unit will explain the mediation process. The mediation proceedings are cheduled at your earliest convenience, usually within five to seven working days. The DS then presents a list of accredited mediators for both parties to choose and agree on. If you can not select one, the DS will assign the mediator to your case and will notify the mediator through a Notice of Mediation validated by the judge. This makes the mediator an Officer of the Court. The mediation session then proceeds on the scheduled date in an open and informal setting to encourage ommunication. You will have 30 days for the proceedings, extendible to another 30 days. As a litigant, how do I prepare for mediation? Consult your lawyer for a thorough briefing on mediation and how it will affect your case. Have all the necessary documents regarding your case at hand. Be ready to confront possibly deep-seated issues at the heart of the dispute. Is there a neutral venue for mediation? Where do mediation sessions take place? Mediation sessions are held in private rooms in the PMC unit of the trial court. The sessions can not take place in private offices like the law office of the mediator. If one of the parties is not available due to health reasons, for example, proper authorization has to be made. How long should each of these sessions last? An individual mediation session can last from one hour to three hours on the average. How many people are allowed in a mediation session? As a litigant, you can be accompanied by as many people you feel will help you in the mediation proceedings. However, considering space limitations, you might consider bringing only your lawyer and perhaps one other companion. Is there an official language for a mediation session? There is no official language for mediation proceedings. The disputing parties and the mediator can use their native language provided that everyone can understand each other. What will happen when both parties can not seem to agree? When a settlement can not be reached through court-annexed mediation, the case is referred back to the pre-trial judge. This begins the JDR process. If this still fails, the case is moved to another judge for trial. What will happen if the other party does not comply with the agreement reached? You must inform the court that approved the compromise agreement immediately for them to issue an order to comply. Sanctions will be imposed for noncompliance. The aggrieved party may also apply for a writ of execution. What do I do if the mediation proceedings are leaked to the press? Since mediation proceedings are confidential, violations made by either party or

even the mediator will be sanctioned. Where can I learn more about mediation? Your lawyer may be one of your best resources on mediation. The Philippine Mediation Center may have additional information. Mediation is a global experience and can also be researched extensively on the web. FREQUENTLY ASKED QUESTIONS 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 court’s 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 judge’s 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 . 2. Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law such as disputes between neighbors of the same barangay over property. 3. The civil aspect of Batas Pambansa 22, which covers the debts paid through bouncing checks. 4. The civil aspect of quasi-offenses under negligence like motor vehicle accidents that has damaged the vehicle or injured engers or pedestrians. What cases are excluded from mediation? Cases which cannot be compromised are not included, like legal separation or annulment of marriage. Can I or the other party refuse mediation? No. Once the court determines that your case is mediatable, the parties are compelled to appear before the Philippine Mediation Center (PMC) unit. If the complainant fails to appear for mediation, the case may be dismissed. If the defendant is absent, the complainant may be allowed to present their side in court without you. The court will then decide the case on the basis of what was presented. How will I benefit mediation? Mediation has been proven to be a faster and certainly less expensive option for settling disputes. Settlements have occurred in as little as one or two mediation sessions. Mediation also provides for a fair resolution of your case. By tly resolving the dispute, both parties can come up as winners. But best of all, mediation has been proven to restore relationships long disrupted by conflict. The process of

mediation tackles the roots of misunderstanding to help parties resolve their differences. Where did this idea come from? Mediation is rooted in our historical experience, in the time when disputing parties would bring their conflict to the village elder for settlement. As a system, mediation can be found in many indigenous cultures. Does mediation replace the barangay system of justice? No. Court-annexed mediation actually complements the Barangay Justice System (Katarungang Pambarangay), probably the most familiar mode of mediation in the country, in bringing a speedy and fair resolution to disputes. In this system, the barangay leaders act as mediators between disputing parties within their constituency. The Barangay Justice System attempts to prevent the case from even going to court. Court-annexed mediation begins when there is a failure to mediate in the barangay level resulting in the filing of the dispute in court. Mediation attempts to resolve the dispute without going into adversarial proceedings. Courts will actually dismiss certain cases which have not ed through the Katarungang Pambarangay. How effective is mediation? In the pilot project on mediation conducted by the Philippine Judicial Academy (PHILJA), 85% of cases referred for mediation reached settlement. Surveys conducted after mediation also revealed a high level of satisfaction among disputing parties in the outcome of their case. Close to 100% of the parties involved complied with the agreement reached in mediation. How long will mediation take? 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 mediator’s 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 can’t 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 inissible 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. FREQUENTLY ASKED QUESTIONS What does a mediator do? During mediation proceedings, the mediator will have to monitor and analyze what is happening, set the order of discussion and keep track of time, distinguish the real issues behind the conflict, manage the interaction and facilitate communication. He or she must be able to patiently hear both sides of the story without judgment and help each side understand the other’s perspective. The mediator will then be able to offer positive suggestions or options that will help resolve the problem. Who can be a mediator? What are their qualifications? To become a mediator, one must be at least 30 years of age with a bachelor’s degree. Proficiency in oral and written communication in English and Filipino is also required. The prospective mediator must also possess a good moral character and willingness to learn new skills and be of service to the public. How are they accredited? Qualified applicants must complete mediation seminar-workshops and a written exercise to test their proficiency in oral and written communication from the Philippine Judicial Academy (PHILJA). PHILJA can also request mediation training services from other organizations or individuals. Each applicant must be certified to have finished the training and evaluated on their overall performance. On the basis of the report, PHILJA will submit a list of recommended mediators for accreditation to the Court. If approved by the Court, the accreditation is effective for two years. I want to be a mediator myself. What do I do? The prospective mediator must submit the following to PHILJA: curriculum vitae with 2x2 photo college school records; National Bureau of Investigation/police clearance; certificates of good moral character from two persons not related to the applicant. PHILJA will then ister a written comprehension exam and interview and evaluate each applicant. Qualified applicants are then scheduled for training. PHILJA is located at the third floor of the Supreme Court of the Philippines Centennial Building, Padre Faura, Manila. For provincial applicants, applications may be filed with the Executive Judge of the Regional Trial Court. How will I choose a mediator? Cases for mediation are referred to the Philippine Mediation Center (PMC) unit located in the courthouse or near the premises of the trial court. The Daily Supervisor (DS) of the PMC unit will present a list of accredited mediators. If you can not agree on a mediator, the DS will assign one and notify the trial court which will then confirm the appointment of this chosen mediator. Is a mediator allowed to discuss my case with outsiders? No. However, the mediator may ask for assistance from another accredited mediator, only upon the disputing parties’ permission. The name of the comediator must also be submitted to the trial court for confirmation. What should I expect from my lawyer during mediation? Your lawyer remains a valuable counsel and partner in mediation proceedings.

They can attend mediation sessions with you. They will be expected to provide legal assistance to you and the mediator in drafting the necessary papers. Your lawyer must help you fully understand and appreciate the rules and process of mediation. Ask them to explain the difference of litigation from mediation, the advantages of the procedure, possible bargaining options, your role in the process and likely alternatives to a negotiated agreement. Your lawyer may take a little less active role in a mediation session than in a courtroom. In mediation, you will take responsibility for making decisions. But when matters in the discussion put you at a disadvantage and if the mediator does not seem to be doing enough to settle the imbalance, you will want your lawyer to participate more actively. When necessary, your lawyer may even call a recess to give you advice or suggestions in private. Lawyers in mediation will also assist the mediator in putting into writing the of the compromise agreement or a withdrawal of the complaint or a satisfaction of claim so that it may be approved by the trial court for judgment. What is the judge’s role in mediation? 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 courtannexed mediation and JDR have failed. I’m not very good at confrontations or talking about my case. What if I can’t 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 it’s 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. 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 threemember 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. MEDIATION IN THE COURT OF APPEALS What is Appellate Court Mediation? Mediation is the process of resolving disputes with the help of a neutral third party (mediator) to reach a settlement that is mutually acceptable to all parties. Appellate Court Mediation (ACM) is a mediation program in the Court of Appeals (CA), corollary to Court-Annexed Mediation in the lower courts. It provides a conciliatory approach in conflict resolution. Through ACM, the CA promotes a paradigm shift in resolving disputes from a rights-based (judicial) to an interestbased (mediation) process. How is Appellate Court Mediation different from Court-Annexed Mediation or Judicial Dispute Resolution? In Court-Annexed Mediation, a case eligible for mediation at a First Level Court or Regional Trial Court during the pre-trial stage is referred by the presiding judge to the Philippine Mediation Center (PMC) Unit for mediation. Mediation is successful if the parties enter into a Compromise Agreement, and the judge renders a decision based on this agreement. If it fails or the parties refuse to undergo mediation, the case goes back to court for trial. In Judicial Dispute Resolution under the JURIS Project, the mediation process is also in the lower courts and mediation is conducted just like in Court- Annexed Mediation. If mediation fails or the parties refuse mediation, the case goes back to the judge who does not yet try the case. The judge, acting sequentially as Conciliator, Neutral Evaluator and Mediator or a combination of the three, attempts to convince the parties to settle their case amicably. If the parties still refuse to settle, the case goes back to court for trial. In Appellate Court Mediation, the case has been tried and judgment has been rendered at the lower courts but has been appealed to the Court of Appeals (CA). Thus, Party A already won the case in the lower courts but Party B appealed the decision to the CA. What are the benefits of Appellate Court Mediation? For the judiciary, Appellate Court Mediation, as part of the Supreme Court’s Action Program for Judicial Reform (APJR), aims to reduce the congestion of court dockets. A review of pre-ACM court statistics shows that although the disposal rate is high at 98.5 percent, the number of cases added to the backlog grows at an annual rate of 58 percent. Mediation offers a promising solution to lessening this backlog. For litigants, after mediation has failed in the lower courts, Appellate Court Mediation provides an added option to put an end to costly and long-drawn litigation. Since mediation is a non-adversarial approach to resolving a case in court, it facilitates the interest-based settlement of the dispute through proposals coming from the parties themselves or suggested by the mediator and accepted

by the parties. Mediation helps litigants settle their dispute and rebuild their relationship. It is a win-win solution for both parties. When and how did implementation of ACM start? The Supreme Court authorized the Philippine Judicial Academy (PHILJA) to pilottest the mediation program in the Court of Appeals on April 16, 2002. The pilot ACM Project ran for almost three months from September 16 to November 22, 2002, with a success rate of 67 percent. Thirty-one appellate court mediators from the ranks of retired justices and judges, senior of the Bar, and senior professors of law participated in the orientation workshop conducted by experts from the Philippines and Singapore. The Supreme Court approved the institutionalization of Appellate Court Mediation (ACM) on March 23, 2004 following the successful pilot-test. It also approved the Revised Guidelines for the Implementation of Mediation in the Court of Appeals to provide the legal framework. From 2004 to 2006, PHILJA went on to recruit and train a core of mediation faculty from ADR practitioners and the academe; revised the training curriculum and materials to make them more relevant to the Philippine setting; developed case study materials from actual cases; trained a new batch of 51 mediators for the Court of Appeals; capped their training with an internship program that required each mediator to handle at least two ongoing cases; formally launched the CA Mediation Center at the ground floor of the CA Annex Building; and finally developed a Mediation Training Manual for the Court of Appeals. The Project Director who supervised this project was Professor Alfredo F. Tadiar. What organizations are helping implement the ACM Program? There are six institutions working together to implement the mediation process in the Court of Appeals. THE COURT OF APPEALS (CA) Selects and refers cases and other documents or information for mediation. PHILIPPINEJUDICIAL ACADEMY (PHILJA) Oversees the training program of appellate court mediators and assigns a PMC (CA) coordinator to oversee the operations of a PMC (CA) office, among other responsibilities. PHILIPPINE MEDIATION CENTER-CA Helps facilitate successful mediation by providing istrative and operational services. PUBLIC INFORMATION OFFICEOF THESUPREME COURT (SC-PIO) Assists in the in formation, education and communication campaign program of the project. INTEGRATED BAR OF THEPHILIPPINES (IBP) Collaborates with PHILJA in its mediation advocacy and assists in the disciplinary actions for erring mediators. PHILIPPINE ASSOCIATION OF LAW SCHOOLS (PALS) Includes Alternative Dispute Resolution (ADR) courses (including Mediation) and negotiating skills in the curriculum and re-orients law professors and students on legal aid. Are all cases elevated to the Court of Appeals eligible for Appellate Court Mediation? No. Only the following cases elevated to the Court of Appeals are eligible for Appellate Court Mediation:

1. Civil cases brought on ordinary appeal or petition for review. 2. Appeals from final orders, awards, judgments, resolutions of the Court of Tax Appeals and quasi-judicial agencies in the exercise of their quasijudicial functions through petition for review or certiorari that questions a decision for having been rendered in grave abuse of discretion amounting to lack of jurisdiction. These quasi-judicial agencies include the following: Central Board of Assessment Appeals, Securities and Exchange Commission. Land Registration Authority, Office of the President, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology Transfer, National Electrification istration, Energy Regulatory Board, National Telecommunications Commission, Department of Agrarian Reform under TA. 6657, Government Service Insurance System, Employees Compensation Commission, Agricultural Inventions Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments, Construction Industry Arbitration Commission, and Voluntary Arbitrators authorized by law. 3. Special civil actions for certiorari, except those involving pure questions of law. 4. Habeas corpus (court order directing law enforcement officials or custodians of detained persons to produce that person in court) cases involving custody of minors, with the consent of the parties, provided that the minor is not detained for commission of a criminal offense. 5. Criminal cases cognizable by the Katarungang Pambarangay (Barangay Justice System) under Republic Act No. 7160 or offenses punishable by imprisonment not exceeding one year or a fine not exceeding P5,000.00 or both such fine and imprisonment. What cases cannot be mediated under ACM? 1. Civil cases, which by law cannot be compromised. 2. Criminal cases except those under No. 4 above (habeas corpus of minors not detained for a criminal offense). 3. Habeas corpus petitions involving custody of minors when the subject is detained for commission of a criminal offense. 4. Cases with pending application for restraining orders/preliminary injunctions, unless both parties request for mediation Who is qualified to serve as mediator in Appellate Court Mediation? Only an Appellate Mediator who is trained and accredited by the Philippine Judicial Academy (PHILJA) can mediate in the Court of Appeals. As a basic qualification, he/she must be a retired justice, judge, senior member of the Bar, or senior law professor, who possesses creative problem-solving skills and has strong interest in mediation. What are the duties and responsibilities of an Appellate Mediator? Since mediation proceedings are confidential, violations made by either party or even the mediator will be sanctioned. 1. Conducts mediation proceedings and calls caucuses (private meetings with each party) whenever necessary. 2. During mediation proceedings: a. informs parties of the rules and procedures for mediation b. assesses the risks and costs of continuing litigation c. draws out the underlying interests of the parties d. explores common ground for settlement 3. May suggest options for the parties to consider and, if practical or necessary, seek the assistance of a co-mediator to assess (on a

nonbinding basis) the strengths and weaknesses of each party’s case. 4. May request for a court order to impose appropriate sanctions if the parties fail to comply with the directives of the mediator such as, but not limited to, the payment of mediation fees, appearance of parties during scheduled conferences, and submission of written authority of representatives prior to the mediation proceedings. 5. Prepares the written of the compromise agreement that disposes of the dispute in whole or in part. 6. May terminate mediation at any time if parties are not interested to settle. 7. If the parties fail to reach a settlement, returns the case to the CA Division of origin and makes a confidential report to the Philippine Mediation Center-CA on the reasons for failure. 8. Discloses to the parties any circumstance that may create or give the appearance of a conflict of interest and any other circumstance that may raise a question as to his/her impartiality. 9. Ensures strict confidentiality of all communications made by the parties during the mediation proceedings. What is the process in Appellate Court Mediation? The entire mediation process in the appellate level consists of five phases: (1) selection of case, (2) resolution to appear, (3) agreement to mediate, (4) mediation proceedings, and (5) disposition of case. PHASE1: SELECTION OF CASES 1. The Division Clerk of Court, with the assistance of the PMC-CA, identifies the pending cases for mediation to be approved by the Ponente (Justice in charge of the case) either for completion of records or for decision. 2. The petitioner or appellant specifies, by writing or by stamping on the right side of the caption of the initial pleading (under the case number), that the case is qualified for mediation. 3. If the case is eligible for mediation, the Ponente, with the concurrence of the other of the Division, refers the case to the PMC-CA. PHASE2: RESOLUTION TO APPEAR 1. The Ponente, with the concurrence of other of the Division, issues a resolution (after submission of the appellant’s brief or after the filing of a petition for review or certiorari) directing the parties to appear at the PMC-CA without counsel to consider the possibility of mediation. 2. The resolution also suspends the running of the period to file the appellee’s brief or comment on the petition for review or certiorari, as the case may be, until further order of the Court. PHASE3: AGREEMENT TO MEDIATE 1. Upon agreement of the parties to mediate, the PMC-CA requires the parties to execute an Agreement to Mediate in a form provided for the purpose. 2. The parties choose a mediator and the date and time of the initial mediation conference. 3. The Court then furnishes the following documents to the PMC-CA: a. Appellant’s brief and any memorandum or record on appeal b. Decision PHASE4: MEDIATION PROCEEDINGS 1. The mediator tries to complete the mediation proceedings within thirty (30) days from the date of the initial mediation conference. However, the duration of mediation proceedings may be extended for another thirty (30) days if there is a request for extension based on a justifiable ground or reason. 2. Individual party litigants are required to attend mediation conferences in

person; corporate parties must be represented by a corporate officer duly authorized by Board resolution. 3. Initial mediation conferences are held in the PMC-CA, but subsequent mediation conferences may be held outside the CA with notice to the Court. PHASE5: DISPOSITION OF CASES 1. If the parties agree to a full or partial compromise, the mediator drafts written with the concurrence of the parties/counsel. 2. The parties/counsel and mediator sign the compromise agreement which is transmitted to the Court. 3. The Court approves the compromise agreement, renders judgment upon a full or partial compromise, as the case may be, and makes an immediate entry of judgment. 4. In the case of full settlement, the parties agree to withdraw the appeal and enter into a mutual satisfaction of claims and counterclaims. Upon receipt, the Court renders an order of dismissal. 5. If the parties fail to reach a settlement, the mediator returns the case to the Division of origin. He or she then makes a confidential report to the PMC-CA on the reasons for the failure. How long does the mediation process take under ACM? The mediation process ideally takes thirty (30) days from the date of the initial mediation conference. The mediation proceedings may be extended for another period not exceeding an additional thirty (30) days after a motion is filed with the Court. How much does mediation cost? Mediation fees in the amount of one thousand pesos (P1,000.00) are collected by the Clerk of Court of the trial court upon filing of the Notice of Appeal or by the Clerk of Court of the Court of Appeals for cases that are directly filed therein. The collected amount becomes part of the Mediation Fund which is utilized for the promotion of court-annexed mediation and other relevant modes of alternative dispute resolution (ADR), training of mediators, payment of mediator’s fees, and the operating expenses of PMC units nationwide. Who are exempt from paying the mediation fee? A pauper litigant is exempt from paying the mediation fee. The unpaid amount is a lien to any monetary award in a judgment favorable to the pauper litigant. The accused-appellant is also exempt from paying the mediation fee. Are mediation proceedings issible as evidence? All matters discussed or communicated by the parties (including the request for mediation) during mediation conferences and documents presented before the PMCCA are privileged and confidential. These are inissible as evidence for any purpose in any other proceedings. However, evidence or information that is otherwise issible does not become inissible solely by reason of its use id mediation. This is to prevent the abuse of this privilege by crafty parties or their counsel. GLOSSARY AND ABBREVIATIONS AAO. Academic Affairs Office AC. istrative Circular ADR. Alternative Dispute Resolution Adjudication. Adjudication describes any form of formal dispute resolution process I w hich the parties litigate cases through the presentation of evidence and argument to a neutral third party w ho has the

pow er to render binding decisions based on objective standards, rules or law s. Adjudication is used in many forums --- judicial (courts), istrative (tribunals), and arbitral (boards of arbitration). Adjudicative processes are rights-based and positional. Alternative Dispute Resolution (ADR). ADR is a w idely used term referring to the entire range of dispute resolution options outside the traditional istrative, judicial or legislative decision-making process. AM. istrative Matter APJR. Action Program for Judicial Reform Arbitration. Arbitration is an adjudicative form of dispute resolution involving a mutually acceptable neutral third party (arbitrator) empow ered to make a decision on the merits after an informal hearing that usually includes presentation of evidence and oral argument. Arbitral decisions are generally binding and subject to limited judicial review . In exceptional cases, decisions are treated as non-binding and the right yo proceed to trial is preserved. Arbitration may be voluntary (by private agreement) or compulsory (by legislation or through a public court-annexed program). Instead of a single arbitrator, a (generally a tripartite board) may be used. Final offer selection is a version of arbitration w here the arbitrator chooses betw een “best offers” submitted by parties. Arbitration is w idely used for labor relations and commercial disputes. BCC. Branch Clerk of Court CA. Compromise Agreement CAM. Court-Annexed Mediation Caucus. A private session betw een the mediator and any one party in w hich the mediator explores the issues involved in the case and the options available to the parties to resolve the matter. if the mediator meets separately w ith one party, the mediator w ill almost alw ays then meet separately w ith the other parties to the mediation. CIDA. Canadian International Development Agency COC. Clerk of Court Compromise Agreement. The settlement of a dispute by mutual concession. When approved by the court, the compromise agreement w ill have the force and effect of a court decision. As such, the compromise agreement may be enforced by the court through execution of judgment. Conciliation. Conciliation is a process in w hich a neutral third party (conciliator) conveys information betw een parties and attempts to improve direct communication betw een them. The conciliator often prepares a report that describes the scope of agreement and disagreement. The role of a conciliator is

more ive than a mediator. Conciliaton is most often used in collective bargaining disputes. Conflict. Conflict is usually based upon a difference over goals, objectives, or expectations betw een individuals or groups. Conflict also occurs w hen tw o or more people, or groups, compete over limited resources and/or perceived, or actual, incompatible goals. Conflict Resolution. A process of resolving a dispute or disagreement. Consensus. A mutually acceptable agreement that takes into consideration the interests of all concerned parties. An agreement reached through consensus may not satisfy each participant’s interests equally or receive a similar level of from all participants. Court-Annexed Mediation (CAM). Court-annexed mediation is a voluntary process w herein the court may advise parties to submit their case for mediation so that hey may be assisted by neutral party to facilitate their discussions or negotiations tow ards a w orkable solution to the problem. The parties maintain their rights to proceed to trial if mediation fails. Any settlement that is reached becomes a judgment of the court. DMC. Design and Management Committee DS. Daily Supervisor (Mediation Unit) Early Neutral Evaluation (ENE). Early Neutral Evaluation is a non-binding process in w hich a neutral third party (facilitator) manages the discussion betw een parties that are attempting to reconcile divergent view s and reach agreement on issues or tasks. Facilitation is used in a w ide variety of settings including management meetings and public consultations. EJ. Executive Judge ENE. Early Neutral Evaluation Fact-Finding. Fact-finding is a process by facts relevant to a controversy are determined by a designated person and a resolution of issues recommended or determined. Parties decide in advance to treat the results as conclusive or advisory. If advisory, fact-finding is sometimes referred to as “non- binding arbitration.” The fact-finder may be a neutral third party or an expert in a relevant field. The factfinder may be tly selected by parties or provided by a public body. Fact-finding may be used as part of a broader dispute resolution process such as negotiation, mediation, or arbitration. It is often used to gather information regarding public sector collective agreements and to address scientific or technical issues. GC. Grievance Committee IBP. Integrated Bar of the Philippines JDR. Judicial Dispute Resolution JPSC. t Project Steering Committee JRO. Judicial Reforms Office Litigation. Litigation is a formal, rights-based adjudicative process that depends on each party

advancing position, presenting evidence, and making arguments before a neutral third party decisionmaker. Litigation is used in trial and hearings. Mediation. Mediation is a process of assisted negotiation that relies on a neutral third party (mediator) to help parties reach a mutually agreeable resolution. Participation by the parties may be voluntary (by private agreement) or mandatory (through a public program such as courtannexed mediation). Whether attendance is voluntary or mandatory, settlements are consensual; the mediator has no authority to impose result. Settlements reached through mediation are binding upon the parties. Forms of mediation include evaluative, problem-solving, facilitative, transformative, and therapeutic. Mediation/Arbitration (MED/ARB). Med/Arb is a process in w hich parties agree that mediation w ill be follow ed by arbitration of unresolved issues. In med/arb the same neutral third party generally perform both roles. Med/Arb is becoming increasingly popular in the lbor-relation area. the reverse (Arb/med) is also used in some circumstances. Mediation Conference. A discussion among the disputing parties, their counsel, and the mediator, to explore options for settling a dispute. Mediator. Mediators are trained individuals w ho w ill attempt to assist the parties to reach a mutually acceptable resolution of their dispute. MeTC. Metropolitan Trial Court MIMC. Monthly Inventory of Mediatable Cases Mini-Trial. A mini-trial is flexible tw o-stage process in w hich a counsel presents a summary version of each case to business representatives of each side w ho then attempt to negotiate a settlement. A neutral third party may facilitate the information exchange. The neutral third party may also mediate during the settlement negotiations and may provide an advisory opinion on the potential court outcome. MTC. Municipal Trial Court MTCC. Municipal Trial Court in Cities Negotiation. Negotiation is a process in w hich parties communicate directly or indirectly for the purpose of reaching an agreement. Approaches to negotiation include competitive, cooperative, and integrative. Negotiation may be based on pow er, rights, or interests. Negotiation may be conducted by parties themselves or by agents. NJI. National Judicial Institute of Canada OCA. Office of the Court OCC. Office of the Clerk of Court OIC. Officer-in-Charge PHILJA. Philippine Judicial Academy PJ. Presiding Justice/Judge PMC. Philippine Mediaton Center PMFI. Philippine Mediation Foundation, Inc.

Pre-Trial Conference. Pre-Trial Conference, a conference held after the pleadings have been filed and before the trial begins, for the purpose of bringing the parties together to outline discovery proceedings and define the issues to be tried. Courts often use the pre-trial conference as an opportunity to encourage settlement. RTC. Regional Trial Court SC. Supreme Court SC-PIO. Supreme Court – Public Information Office SC-PMO. Supreme Court – Program Management Office