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A.M. No.

01-10-5-SC-PHILJA
• Administrative Order establishing the
Philippine Mediation Center
• Second Revised Guidelines for the
implementation of mediation proceedings
• Code of Ethical Standards for Mediators
• Standards and Procedure for Accreditation
of Mediators for court-referred/court-related
mediation cases;
• Compensation Guidelines for Mediators and
Supervisors
Administrative Order Establishing the
Philippine Mediation Center

• Section 1 RA 8557
to ensure efficient and credible Judiciary
• Section 3 RA 8557
to perform such other functions and duties
as may be necessary in carrying out its mandate
• Action Program for Judicial Reform
decongestion of court dockets and the
enhancement of access to justice
• Section 2(a), Rule 18
Functions

a) Establish units of the PMC in courthouses


- each shall be manned by mediators and
Supervisors
b) Recruit, screen, train and recommend to
undergo Mediators for accreditation to this
court
c) Require prospective Mediators to undergo
four-week internship programs
d) Provide training in mediation (3.4 Technical and Management Assistance)

- to judges, court personnel, educators,


trainors, lawyers, and to quasi-judicial agencies
Functions

e) Oversee and evaluate the performance of


mediators and Supervisors who are assigned
cases by the courts
f) Prepare a Code of Ethical Standards for
Mediators
g) Implement procedure in the assignment by
the PMC Units of court-referred, court-related
mediation cases to particular Mediators
h) Propose to SC
(a) Guidelines on Mediation
(b) Compensation Guidelines
Direction and Management

• PHILJA shall direct and manage the PMC,


enlist technical and management
assistance of appropriate and qualified
organizations or individuals.

• Memorandum of Agreement between


PHILJA through its Chancellor, subject to
ratification by the PHILJA Board of Trustees.
Technical and Management Assistance

• Establishment of Mediation Chapters with their


respective Supervisors
• Recruitment, training and education, monitoring
and performance evaluation of Supervisors and
Mediators who will be assigned to different PMC
units;
• Assignment of trainors, monitors, and lecturers for
purposes of instruction, internship, monitoring and
evaluation;
• Continuing education, training and upgrading of
accredited Mediators at least once every two
years;
Technical and Management Assistance

• Development of training and other instructional


materials;
• Development of systems and programs for the
selection, monitoring and evaluation of Mediators;
• Administrative Supervision;
• Preparation for submission to and approval by the
PHILJA Board of Trustees and this court of:
(a) Code of Ethical Standards for Mediators
(b) Guidelines on Mediation
Compensation Guidelines for Mediators and Supervisors
• Development of a system of evaluating the
efficacy of mediation;
Technical and Management Assistance

• Setting up of a viable funding system;


• Development of administrative systems for
case intake, screening, evaluation,
documentation and record keeping and
other related activities;
• Conduct periodic public information
campaigns.
Supervision and Control over PMC units

• Mediation Division of PHILJA in coordination


with the OCA.
Monthly Report

• The Supervisor of each PMC unit shall submit


- to the Mediation Division of the Judicial
Reforms Office of PHILJA
- a monthly report
- duly noted by the Executive Judge
- Copy furnished to the OCA
SECOND REVISED GUIDELINES
FOR THE IMPLEMENTATION OF
MEDIATION PROCEEDINGS
Coverage

• All civil cases, settlement of estates, and cases


covered by the Rule on Summary Procedure,
except those which by law may not be
compromised;
• Cases cognizable by the Lupong
Tagapamayapa under the Katarungang
Pambarangay Law;
• Civil aspect of BP 22 cases;
• Civil aspect of quasi offenses under Title 14 of
the RPC.
Order of Mediation

• The trial court after determining the possibility of


an amicable settlement or of a submission to
alternative modes of dispute resolution
• Shall issue an Order referring the case to the
PMC unit for mediation and directing the
parties to proceed to the PMC unit
• The Order shall be personally given to the
parties during the pre-tria;
• Copy of the Order with a copy of the
Complaint and Answer shall be furnished the
PMC within the same day.
Selection of Mediator

• The supervisor of the PMC shall assist the parties


select a mutually acceptable Mediator from a
list of duly accredited Mediators and inform the
parties about the fees, if any, the mode of
payment.
• If the parties cannot agree on a Mediator, the
Supervisor shall assign one.
• The trial court shall be notified of the name of
the mediator and shall confirm the selection.
Mediation Proceedings

• A conference before the mediator shall first


be held with both parties present.
• The Mediator shall explain the mediation
proceedings stressing the benefits of an early
settlement of the dispute and shall attempt
immediate settlement.
• If no settlement is reached at this conference,
the Mediator may, with the consent of both
parties, hold separate caucuses with each
party to enable the Mediator to determine
their respective real interests in the dispute.
Mediation Proceedings

• The Mediator shall not record the proceedings


in any manner but he may take down
personal notes to guide him.
• The Mediator shall submit to the trial court,
which referred the case to mediation, a status
report on the progress of the proceedings at
the end of the mediation period.
• The PMC shall not keep a file of mediation
proceedings except the report of the
Mediator. All other records or documents that
have been submitted by the parties shall be
returned to them.
Mediation Proceedings

• At the end of the thirty-day period allowed


by the trial court, if no settlement has been
reached, the cases must be returned to the
trial court for further proceedings, unless the
parties agree to further continue the
mediation, in which case a last extension of
thirty (30) days may be granted by the trial
court.
Confidentiality of Records

• To encourage the spontaneity that is


conducive to effective communication,
thereby enhancing the possibility of successful
mediation efforts, the mediation proceedings
and all incidents thereto shall be kept strictly
confidential, unless otherwise specifically
provided by law, and all admissions or
statements made therein shall be inadmissible
for any purpose in any proceeding.
Suspension of Proceedings

• The period during which the case is


undergoing mediation shall be excluded from
the regular and mandatory periods for trial
and rendition of judgment in ordinary cases
and in cases under summary procedure.
• The period for mediation shall not exceed 30
days, extendible for another 30 days, in order
to allow the parties sufficient time to reach a
compromise agreement and put an end to
litigation.
Proceedings in case of Successful
Settlement
• If the mediation is successful, the trial court shall
immediately be informed and given (a) the
original Compromise Agreement entered into by
the parties as basis for the rendition of a judgment
by compromise which may be enforce by
execution or (b) a withdrawal of the Complaint
or, (c) a satisfaction of the claim.
In Case of Failure to Settle
• If the mediation is not successful, the Mediator
shall issue a “Certificate of Failed Mediation” for
the purpose of returning the case for further
judicial proceedings.
Code of Ethical Standards for Mediators
• The Mediator shall maintain impartiality toward all
parties.
• A Mediator shall maintain professional
competence in mediation skills.
• The Mediator shall refrain from participating in the
mediation of any dispute if he/she perceives that
participation as a Mediator will be a clear conflict
of interest.
Code of Ethical Standards for Mediators
• A Mediator shall not use the mediation process
to solicit, encourage, or otherwise incur future
professional services and financial gain from
either or both parties.
• Mediator shall not coerce or unfairly influence a
party into a settlement agreement and shall not
make substantive decisions for any party to a
mediation process.
• A Mediator shall not intentionally or knowingly
misrepresent material facts or circumstances in
the course of conducting a mediation.
Code of Ethical Standards for Mediators
• While a Mediator may point-out possible
outcomes of the case, under no circumstance
may a Mediator offer a personal or professional
opinion as to how the trial court, where the case
has been filed, will resolve the dispute.
• The Mediator shall treat information revealed in
mediation in strict confidentiality except for the
following:
1. Information that is statutorily to be reported.
2. Information that in the judgment of the Mediator
reveals a danger of serious physical harm either to
a party, to a third person or to himself/herself.
Code of Ethical Standards for Mediators
• The Mediator has the responsibility to see to it that
the parties consider and understand the terms of
the settlement. When a Mediator believes that a
party does not understand or appreciate how a
settlement agreement may adversely affect legal
rights or obligations, the Mediator shall advise the
said party to seek legal counsel.
• A Mediator has a professional responsibility to
provide competent service to persons seeking
assistance including those unable to pay for such
services.
STANDARDS AND PROCEDURES FOR
ACCREDITATION
OF MEDIATORS FOR COURT-
REFERRED/COURT-RELATED
MEDIATION CASES
Basic qualification of Prospective Mediators:
1. Bachelor’s degree
2. At least 30 years of age
3. Good moral character
4. Willingness to learn new skills and render public
service
5. Proficiency in oral and written communication
in English and Filipino
Requirements / Procedure:
1. All applicants must submit the following to PHILJA:
- Curriculum Vitae with 2x2 picture
- College School Records
- NBI / Police Clearance
- Certificates of good moral character from two (2)
persons who are not related to the applicant
2. Upon submission, PHILJA and its technical
assistant shall:
- Administer a short written comprehension
examination
- Interview and evaluate each applicant
- Schedule qualified applicants for training
• All qualified applicants must successfully
complete the following:
- Basic Mediation Seminar-Workshop including a short
written exercise to test their proficiency in oral and
written communication;
- Four-week Internship Program
• Upon satisfactory completion of all the
requirements, the PMC or the training
organization shall prepare a report of the overall
performance of each trainee/applicant for
submission to PHILJA.
• On the basis of the report, PHILJA shall submit to
the Court its recommendation of Mediators for
accreditation.
• If approved by the Court, the accreditation
shall be effective for a period a two (2) years.
To maintain good standing, the Mediator must:
a) continue to be of good moral character, b)
render mediation services at least once a week
to any PMC Unit, c) participate during
Settlement Weeks; and d) complete refresher
courses to be prescribed by PHILJA within the
two (2) year period.
• Failure to maintain good standing shall be a
cause for the revocation and/or nonrenewal of
the accreditation.
Compensation Guidelines for Mediators
and Supervisors
• Upon selection of a mutually acceptable Mediator
by the parties, the Daily Supervisor shall inform the
parties about the mediation fee.
• Before the start of mediation, 50% of the mediation
fee shall be paid to the Clerk of Court, who is a
bonded court personnel.
• Upon settlement of the case through a compromise
agreement, the balance of the mediation fee shall
also be paid to the Clerk of- Court. If no
compromise is reached, the down payment is
forfeited.
• The parties shall pay the mediation fee in cash or
manager’s check payable to the SCPHILJA-
Philippine Mediation Center (PMC) Trust Fund.
Mediation Fee to be charged (except as regards
pauper litigants)
• The Mediation Fee shall be a certain percentage of the filing
fee to be paid separately from the filing fee and in
accordance with the Levels of Mediators and the schedules
presented below.

Example:
1. In-Level 1, if the filing fee is P 10,000.00, the litigants will equally
share in the payment of 20% of P 10,000.00 or P 2,000.00 as
Mediation Fee. 50% of this amount is payable to the clerk of
Court before the start of mediation.
Accounting of Funds
• All mediation fees shall be deposited in a SC-PHILJA-
PMC Trust Fund. All fees to the mediators, supervisors
and necessary operating expenses shall be paid from
that fund.
• The Clerk-of-Court shall submit to the Mediation
Division of PHILJA, a monthly collection and bank
remittance report. A monthly statement of account
regarding the Trust Fund shall also be submitted to the
Mediation Division of PHILJA by the government
depository bank.
Sharing Scheme
The mediation fee per case shall be allocated as
follows:
70% - shall be paid to the Mediator who mediated the
case
5% - shall be paid to the Daily Supervisor
25% - shall go to the SC-PHILJA-PMC Trust Fund for
operational expenses, including the fees for technical
assistance of organizations/individuals,
transportation/communication expenses,
photocopying, supplies and equipment, token fees,
expense allowances and miscellaneous expenses,
whenever necessary, and subject to auditing rules and
regulations.

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