Mediation Process Flow

This document outlines the 10 step mediation process flow used by the Supreme Court of the Philippines and Philippine Mediation Center Office. The process includes [1] an opening statement by the mediator, [2] an explanation of mediation and roles of those involved, [3] establishing ground rules, [4] opening statements by parties, [5] joint discussion and negotiation, [6] private caucus sessions, [7] attempting to reach a settlement, [8] drafting a compromise agreement if settled, [9] noting the voluntary nature of mediation. The goal is to promote party autonomy and resolve disputes through interest-based negotiation rather than positions to eliminate costly litigation.

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Mediation Process Flow

Uploaded by

Apo Calleja

We take content rights seriously. If you suspect this is your content, claim it here.

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Download as PDF, TXT or read online on Scribd

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Supreme Court of the Philippines

Philippine Judicial Academy

Philippine Mediation Center Office

MEDIATION PROCESS FLOW

I. OPENING STATEMENT

Introduction- Good Morning/ Afternoon I am_______________________

your court-annexed mediator for this case.

II. EXPLAINING MEDIATION PROCESS

Court Annexed Mediation is a part of court process that each case subject
for mediation is being referred by the trial Judge. To actively promote party
autonomy in the resolution of disputes or the freedom of the parties to
make their own arrangement to resolve their disputes.

Focuses on interest rather than positions.

Eliminate the burden of long and costly litigation.

III. ROLES
Mediator:
 Focus on parties underlying needs and interest and to assist both parties.
 Facilitate whole mediation proceeding and established ground rules
during hearing of issues concerned between both parties.
 Assist both parties on whatever outcome or resolution will be taken
after the whole mediation process.
Parties:
 Representatives must be fully authorized by special power of attorney
that he/ she is allowed to enter a compromised agreement.
 Follow the ground rules established at mediation office.
 Express their true emotions with regards to the case.
 Actively participate on discussions.
Counsels:
 Assist on the whole mediation process but reminded not to restrain
parties to express their emotions.
 Explain to their clients the benefits of mediation process.

IV. GROUND RULES

1.) Each of the party will be treated fairly and equally.
2.) Respect the Mediation Process as this is part of court proceedings.
3.) Please observe proper decorum and avoid using foul language to each
other.

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Supreme Court of the Philippines
Philippine Judicial Academy
Philippine Mediation Center Office

4.) All of the topic discuss in Mediation process will treated with
OUTMOST CONFIDENTIALITY mediator will take notes for
personal use only and will be shredded after the hearing.

V. VOLUNTARY IN NATURE

Mediation process is voluntary in nature.

VI. PARTIES OPENING STATEMENT

(Time must be equal on Plaintiff and Defendant)

(Ground Rules must strictly Observe)

VII. JOINT SESSION

 Identification of issues.
 Joint Discussion.
 Joint Negotiation.
 Generating Options.
 Selecting Alternatives.

VIII. CAUCUS
 Private meeting with each party.
- Need to Cool Off, Vent emotion breathing room after difficult
interactions.
- Allow weaker party to talk.
- Confer privately with counsel
- Maintain control of the proceedings.

IX. SETTLEMENT

X. COMPROMISE AGREEEMENT

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