MARVAS, MARY MARGARETTE B.

-JD 4 |
COURT OBSERVATION- ALTERNATIVE DISPUTE RESOLUTION

One of our requirements in partial fulfillment of our subject Alternative

Dispute Resolution or ADR is the conduct of court observation specifically

on mediation. This activity was our second task in ADR next to our video

production featuring an example of ADR. Our class followed our original

groupings in our first task and divided each group in to two. Since I was

already teamed under group 3 in the first task, for the second task I was put

under group 3-B.

Thereafter, our group was assigned to conduct a court observation at the

Municipal Circuit Trial Court (MCTC) in Apayao, Cordillera Administrative

Region (CAR), particularly to witness a proceeding on a Small Claims. At

first, I was reluctant for this activity, since I was gestating that time and just

months after my ovarian operation; yet our venue was hours away from

Tuguegarao City, Cagayan. Nevertheless, I assured our group members that I

will participate in our court observation because I know that I might have an

incomplete grade or fail at the worst.

Our group representative, Anapen Syron pledged that she would coordinate

our schedule for court observation since she was working in MCTC Apayao.

Since it was still more than a month or almost two months prior the due of

this task, we kept ourselves updated in our group chat in messenger.

As days passed by and the deadline was nearing, my groupmates and I felt

problematic because we don’t have a schedule yet. Besides, our first

schedule for our court observation, exacted on the dates of examination, so

we opted to request for another schedule. A month prior the submission, the
MARVAS, MARY MARGARETTE B. -JD 4 |
COURT OBSERVATION- ALTERNATIVE DISPUTE RESOLUTION

members from group 3-A informed us that there is a hearing on Small

Claims at MCTC Tuguegarao City. To play safe, I have enlisted my name

among the interested students to join the court observation at MCTC

Tuguegarao. The schedule of our court observation was set on April 20,

2023, at 9:00 o’clock in the morning.

Together with my two group mates, we arrived at exactly 9:00 o’clock in the

venue, at MCTC Tuguegarao which is located at the 2nd floor of the City

Hall of Tuguegarao, Barangay Carig Sur. Few minutes after us, the involved

parties arrived on the same time. A moment later, Ms. Karen Moreno, an

officer at the MCTC, who also happened to be our classmate started on

accommodating the parties. Ms. Moreno started by asking each side or story

of the parties, after which she explained the purpose of what they were doing

which is to resolve their conflict. The case was about the loan of X to Y, who

happened to be his agent in a 5-6 mode of loan system. X who was the

collector of Y, has an accumulated loan of P120,000.00 with a 10% monthly

interest. Of which both parties were arguing about the payment. X claimed

that he was paying such amount, while Y denied it. During the discussion,

Ms. Moreno said that the percentage of Y is too high, and the only allowed

loan percentage in the Philippines is 6% per month. Therefore, Y agreed to

collect P84,700.00 only from X.

After the discussion of Ms. Moreno with the parties, Judge Racquel C.

Reyes-Aglaua came out from her office. Jugde Reyes-Aglaua upon knowing

the situation of the parties, as presented to her by Ms. Moreno, the former

immediately discussed the circumstances of the parties. Judge said that they
MARVAS, MARY MARGARETTE B. -JD 4 |
COURT OBSERVATION- ALTERNATIVE DISPUTE RESOLUTION

must consider resolving their issues in a compromise agreement so that they

will not spend more time and money in the legal proceedings. One of the

parties, X said that he cannot pay P84,700.00 at once. Hence, he opted to

pay his due in installment basis, which will be P5,000.00 per month. Y

demanded more or higher amount per month, but X insisted he is not able to

pay such amount or higher than P5,000.00 because he has too a family to

sustain. At the end, Y also agreed for the installment payment of X, which is

P5,000.00 per month. In conclusion, Judge said that X must comply with the

settlement in their compromise agreement, or else his case will be upgraded

to the court for court proceedings proper. Lastly, Judge told the defendant

and the plaintiff that she does not want to see them again in her office,

arguing about that matter.

Indeed, just by observing the conduct of their mediation, there are already so

much to learn. My learnings in the conduct of this mediation are the

following:

Understanding the Small Claims Process: Mediators should have a thorough

understanding of the small claims process in the jurisdiction where they are

operating. This includes knowledge of the legal framework, court

procedures, and the specific rules and limitations that apply to small claims

cases.

Knowledge of Relevant Laws: Mediators should familiarize themselves with

the laws governing small claims collection. This includes understanding the

relevant statutes of limitations, debt collection practices, consumer

MARVAS, MARY MARGARETTE B. -JD 4 |
COURT OBSERVATION- ALTERNATIVE DISPUTE RESOLUTION

protection laws, and any other regulations that may impact the resolution of

small claims disputes.

Effective Communication Skills: Mediators must possess strong

communication skills to facilitate productive discussions between the parties

involved. They should be able to listen actively, ask clarifying questions, and

help participants express their interests, concerns, and needs in a respectful

and constructive manner.

Impartiality and Neutrality: Mediators should remain neutral and impartial

throughout the mediation process. They must avoid taking sides or favoring

any party involved. This ensures that the process is fair and encourages trust

and cooperation between the disputing parties.

Building Rapport and Trust: Establishing rapport and trust with the parties

involved is crucial for effective mediation. Mediators should create a safe

and supportive environment where participants feel comfortable sharing

their perspectives. This helps in fostering open dialogue and finding

mutually agreeable solutions.

Identifying Interests and Needs: Mediators should help participants identify

their underlying interests and needs rather than focusing solely on their

positions. By understanding the motivations and concerns driving each party,

mediators can assist in generating creative solutions that meet their

respective needs.

Exploring Settlement Options: Mediators should encourage the parties to

explore various settlement options and alternatives to litigation. This may

MARVAS, MARY MARGARETTE B. -JD 4 |
COURT OBSERVATION- ALTERNATIVE DISPUTE RESOLUTION

involve brainstorming potential solutions, evaluating pros and cons, and

considering compromises that can lead to a mutually satisfactory resolution.

Reality Testing and Managing Expectations: Mediators play a vital role in

reality testing and managing the expectations of the parties involved. They

should provide a realistic assessment of the strengths and weaknesses of

each party's case and help them understand the potential outcomes if the

dispute were to proceed to court.

Drafting Settlement Agreements: If the parties reach a settlement during the

mediation process, mediators may be responsible for assisting in the drafting

of a legally binding settlement agreement. It's important for mediators to

ensure the agreement is clear, comprehensive, and accurately reflects the

terms agreed upon by the parties.

Continuing Education and Professional Development: Mediation is a

dynamic field, and staying updated with the latest developments, best

practices, and legal changes is crucial. Mediators should pursue continuing

education and participate in professional development activities to enhance

their skills and knowledge in small claims mediation.

Overall, these learnings can help mediators navigate the complexities of

small claims collection mediation and facilitate a fair and efficient resolution

process for the parties involved.

If I were to recommend in the mediation that I have observed is that to

remain flexible and adaptable: Adapt your approach to the unique dynamics

of each mediation session. Be flexible in adjusting techniques and strategies

MARVAS, MARY MARGARETTE B. -JD 4 |
COURT OBSERVATION- ALTERNATIVE DISPUTE RESOLUTION

based on the needs and preferences of the parties involved. This is very

important as the mediators and the staff must adjust themselves to the

intellectual capacity of their client, for an instance they must adjust the way

they talk to their clients.

Hence, this experience is indeed benefitting for us, as we learned the actual

way of mediation. This would be of great help for us law students as we had

a definite knowledge in conduct of it. Now, we already know how lower

courts resolve collection of sums of money cases, in a amicable manner.

MARVAS, MARY MARGARETTE B. -JD 4 |
COURT OBSERVATION- ALTERNATIVE DISPUTE RESOLUTION

DOCUMENTATION
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COURT OBSERVATION- ALTERNATIVE DISPUTE RESOLUTION