CAM and JDR

COURT-ANNEXED MEDIATION (CAM)

Rep. Act No. 9285, Sec. 2:

“Any mediation process conducted under the
auspices of the court, after such court has
acquired jurisdiction of the dispute.”
 MEDIATION

“A voluntary process in which a mediator selected

by the parties, facilitates communication and
negotiation and assists the parties in reaching a
voluntary agreement regarding a dispute.”
 Court-Referred Mediation

“Mediation ordered by a court to be conducted in

accordance with the Agreement of the Parties
when an action is prematurely commenced in
violation of such agreement.”
 Distinction between
Mediation and Adjudication

Standards Mediation Adjudication

1. Product Compromise Agreement Judgment
2. Maker of Product Parties themselves Judge
3. Focus Person Act
4. Outlook Forward Backward
5. Process Flexible Rigid
6. Result Win-Win Win-Lose
 Concept of Court Diversion of Pending Cases

Diversion of pending court cases both to Court-

Annexed Mediation (CAM) and to Judicial Dispute
Resolution (JDR)
To put an end to pending litigation through a
compromise agreement of the parties and thereby
help solve the ever-pressing problem of court
dockets congestion
To empower the parties to resolve their own
disputes and give practical effect to the State
Policy on Party Autonomy
 Three Stages of Diversion in Courts

 Court-Annexed Mediation (CAM) – First Stage

 where the judge refers the parties to the Philippine Mediation Center
(PMC) for the mediation of their dispute by trained and accredited
mediators.
 Judicial Dispute Resolution (JDR stage) – Second Stage
 At this stage, the JDR judge sequentially becomes a mediator-conciliator-
early neutral evaluator in a continuing effort to secure a settlement. Still
failing that second attempt, the mediator-judge must turn over the case
to another judge (a new one chosen by raffle or nearest/pair judge) who
will try the unsettled case. The trial judge shall continue with the pre-trial
proper and, thereafter, proceed to try and decide the case.
 The third stage is during the appeal where covered cases
are referred to the PMC-ACM unit for mediation.
 Mandatory Coverage for CAM and JDR

1. All civil cases and the civil liability of criminal cases covered by
the Rule on Summary Procedure, including the civil liability of
crimes charging violation of B.P. 22, except those which by law may
not be compromised;
2. Special proceedings for the settlement of estates;
3. All civil and criminal cases filed with a certificate to file action
issued by the Punong Barangay or the Pangkat ng Tagapagkasundo
under the Revised Katarungang Pambarangay Law;
4. The civil aspect of Quasi Offenses under Title 14 of the Revised
Penal Code;
5. The civil aspect of less grave felonies punishable by correctional
penalties not exceeding 6 years of imprisonment where the
offended party is a private person;
6. The civil aspect of estafa, theft, and libel
 Cases that CANNOT be referred to CAM and
JDR
1. Civil cases which by law cannot be compromised (Article
2035, New Civil Code);
2. Other criminal cases than those under paragraphs 3 to 6
above;
3. Habeas Corpus petitions;
4. All cases under Rep. Act No. 9262 (Violence against
Women and Children); and
5. Cases with pending application for Restraining
Orders/Preliminary Injunctions.
*Exception: Issues on support and custody may be referred
to CAM
Revised Guidelines for Continuous Trial in Criminal
Cases (A.M. No. 15-06-10-SC) effective Sept. 1,
2017
The following cases shall be referred to mediation
on the civil liability unless a settlement is reached
earlier in the pre-trial/ preliminary conference:
1. Crimes where payment may prevent criminal
prosecution or may extinguish criminal liability,
such as violations of: B.P. Blg. 22; SSS Law (R.A.
No . 1161, as amended by R.A No. 8282); and
PAG-IBIG Law (R.A . No. 9679) .
2. Crimes against property under Title 10 of the Revised
Penal Code (RPC), where the obligation may be civil in
nature, such as:
a) Theft under Art. 308, RPC, cognizable by the first level
courts;
b) Estafa under Art. 315(1 ), RPC, except estafa under Art.
315 (2) and (3);
c) Other forms of swindling under Art. 316, RPC;
d) Swindling of a minor under Art. 317, RPC;
e) Other deceits under Art. 318, RPC; and
f) Malicious mischief under Art. 327, RPC.
3. Crimes against honor under Title 13, RPC, where
the liability may be civil in nature, such as:
a. Libel by means of writings or similar means under Art. 355, RPC;
b. Threatening to publish and offer to present such publication for a
compensation under Art. 356, RPC;
c. Prohibited publication of acts referred to in the course of official
proceedings under Art. 357, RPC;
d. Grave Slander(Grave OralDefamation) of serious and insulting nature under
Art. 358, par. 1, RPC;
e. Simple Slander (Oral Defamation) - not of a serious and insulting nature
under Art. 358, par. 2, RPC;
f. Grave Slander by Deed - of a serious nature under Art. 359, par. 1, RPC;
g. Simple Slander by Deed - not of a serious nature under Art. 359, par. 2,
RPC;
h. Incriminating innocent person under Art. 363, RPC;
i. Intriguing against honor under Art. 364, RPC;
4. Libel under R.A . 10175 (Cybercrime Prevention
Act of 2012) where the liability may be civil in
nature;
5. Criminal negligence under Title 14, RPC, where
the liability may be civil in nature; and
6. Intellectual property rights cases where the
liability may be civil in nature .
 Procedure for CAM in Criminal Cases

 The referral of the case for mediation to the Philippine Mediation

Center (PMC) Unit shall be made only after the conduct of the
arraignment and the pre-trial/ preliminary conference. The
court shall serve the Order of Referral to the PMC Unit
immediately after the arraignment and the pre-trial/ preliminary
conference.
 The mediation shall be terminated within a non-extendible period
of thirty (30) calendar days from the date of referral by the
court to the PMC Unit.
 After the lapse of the mediation period or if mediation fails, trial
shall proceed. CRIMINAL CASES ARE NO LONGER REFERRED TO JDR.
 Except those cases mentioned above, criminal cases subject to
the Rule on Summary Procedure shall not be referred to
mediation
 Procedure for CAM in Civil Cases
 Court Order of referral to CAM
 The Mediator shall have a period of not exceeding thirty (30)
days to complete the mediation process.
 An extended period of another thirty (30) days may be granted
by the court upon motion filed by the Mediator with the
conformity of the parties.
 Successful Mediation > Hearing on the Approval of Compromise
Agreement
 Failed Mediation > Referral to JDR
 Successful JDR > Hearing on the Approval of Compromise
Agreement
 Failed JDR > re-raffle of case to trial judge (multi-sala courts);
return of case to trial judge of court of origin (single-sala
courts)
 Appearances during Mediation
Individual parties are required to personally
appear for mediation.
In the event they cannot do so, their representatives
must be fully authorized to appear, negotiate and enter
into a compromise by Special Power of Attorney.
Corporate parties, partnership or other juridical
entities, shall be represented by a ranking
corporate officer fully authorized by Board
Resolution to offer, negotiate, accept, decide and
enter into a compromise agreement without need
of further approval by or notification to the
authorizing party.
 Sanctions
 The COURT may impose sanctions (abusive conduct during
mediation/ non-appearance)
 Censure/ Reprimand/ Contempt/ Requiring the absent
party to reimburse the appearing party his costs, including
attorney’s fees for that day, to treble up such costs,
payable on or before the date of the re-scheduled setting.
 Sanctions may also be imposed by the referring judge upon
his own initiative or upon motion of the interested party.
 Upon justifiable cause duly proved in the hearing called on
the motion to reconsider filed by the absent party,
concurred in by the concerned mediator, the sanctions
imposed may be lifted or set aside in the sound discretion
of the referring judge.
 JUDICIAL DISPUTE RESOLUTION (JDR)

 JDR is conducted by a judge

 After parties fail to settle during Court-Annexed
Mediation (CAM).
 JDR proceedings are conducted in thirty (30) days
for first level courts (Municipal Trial Court, Municipal
Circuit Trial Courts, Municipal Trial Courts in Cities,
Metropolitan Trial Courts)
 JDR proceedings are conducted in sixty (60) days for
second level courts (Regional Trial Courts) subject to
extension at the discretion of the JDR judge if
settlement appears highly feasible.
 The JDR Judge

 As a CONCILIATOR, the JDR judge persuades

parties to reconsider their reluctance to compromise.
 As an EARLY NEUTRAL EVALUATOR, the JDR judge
gives a confidential, reasoned oral evaluation but non-
binding opinion on the strengths and weaknesses of
each party’s case and their chances of success.
 Re: private caucus
 As a MEDIATOR, the JDR judge actively facilitates
and assists negotiations among the parties.
As conciliator, early neutral evaluator, and/or
mediator, the JDR judge receives information in
absolute confidence that could affect neutrality.
Bias may be created that could affect the impartiality
of the judge in the trial of the case.
Moreover, parties will be more spontaneous once they
are assured that the JDR judge will not be the trial
judge.
Thus, in sites where JDR is in place, there is a two-
judge system – the JDR judge and the trial judge
 Procedure in JDR

Judicial proceedings shall be divided into two

stages:
1. From the filing of a complaint, to the conduct of
CAM and JDR during the pre-trial stage
The judge to whom the case has been originally raffled,
who shall be called the JDR Judge, shall preside over
the first stage.
2. Pre-trial proper to trial and judgment.
The judge, who shall be called the trial judge, shall
preside over the second stage.
 Courts

 Multiple Sala Court - If the case is not resolved

during JDR, it shall be raffled to another branch for
the pre trial proper56 up to judgment.
 For cases with pending applications for restraining
orders/preliminary injunctions, the judge to whom the case
was raffled shall rule on the said applications.
 During the pre-trial stage, the judge refers the case to CAM
but if the parties do not settle at CAM, the case will be
raffled to another branch for JDR. If the parties do not
settle at JDR, the case will be returned to the branch that
ruled on the applications for the pre-trial proper and up to
judgment.58
Single Sala Court
Unless otherwise agreed upon as provided below, the
JDR proceedings will be conducted by the judge of
the pair court, if any, otherwise, by the judge of the
nearest court as determined by the concerned
Executive Judge.
The JDR proceedings shall be conducted at the
station where the case was originally filed. The result
of the JDR proceedings shall be referred to the court
of origin for appropriate action e.g. approval of the
compromise agreement, trial, etc.
 JDR During Trial
 Cases may be referred to JDR even during the trial stage upon written
motion of one or both parties indicating willingness to discuss a possible
compromise. If the motion is granted the trial shall be suspended and the
case referred to JDR which shall be conducted by another judge through
raffle in multiple sala courts.
 If settlement is reached during JDR, the JDR court shall take
appropriate action thereto i.e. approval/disapproval of the compromise
agreement. If settlement is not reached at JDR, the case is returned to
the referring court for continuation of trial.

 In single sala courts, the JDR shall be conducted by the nearest court (or
pair court, if any) regardless of the level of the latter court. The result of
the JDR proceedings shall be referred to the court of origin for
appropriate action e.g. approval of the compromise agreement, trial, etc.
 The parties may, by joint written motion, despite confidential
information that may be divulged during JDR proceedings, file a request
that their case be not transferred to other courts for JDR and that
they agree to have the trial judge continue the trial should the case not
be settled through JDR
 Parties and Sanctions

The same as CAM

 APPELLATE COURT MEDIATION (ACM)

The Supreme Court expanded CAM to the Court

of Appeals in 2002
Court of Appeals mediators were, however,
limited to retired justices and judges, senior
members of the Bar and senior law professors
who are trained and accredited by the Supreme
Court.