Republic of the Philippines

COURT OF APPEALS
Manila

Philippine Mediation Center Unit

JESUS B. CALLUENG, ET AL.,

Petitioner/s,
-versus-
NLRC, EMERITUS SECURITY
SYSTEM, INC., ET AL., CA-G.R. SP NO. 161735
Respondent/s. Case Number

AGREEMENT TO MEDIATE ONLINE

THE UNDERSIGNED parties, having been informed by the

Philippine Mediation Center Unit - Court of Appeals, Manila (PMCU-CA
Manila) of the option to undergo mediation conference online; and

HAVING CAREFULLY considered the benefits and advantages of

online mediation as fully explained to them, as well as having the
proper authority to offer, negotiate, accept, decide and enter into a
compromise agreement;

HEREBY AGREE, of their own free will, to participate in the pilot-

testing of online Appeals Court Mediation (ACM) for the possible
settlement of their dispute and, hereby consent to do the following:

1. Actively participate in the online mediation conference;

2. Provide for our own use the necessary digital devices, internet
connection and connectivity/access to online platform preferably
the application known as “ZOOM”;

3. Allow the PMCO to assign a duly accredited ACM Mediator and to

set the date and time of the mediation conference;

4. Follow the Revised Guidelines for the Implementation of Mediation

in the Court of Appeals under A.M. No. 04-3-15-SC issued on
March 23, 2004, except as otherwise provided herein;

5. Authorize the assigned Mediator to certify and attest to the

genuineness and due execution of the Compromise Agreement
entered into by the parties in the absence of our actual signatures
or e-signatures; and

6. Authorize representatives from the Philippine Judicial Academy

(PHILJA) and the Philippine Mediation Center Office (PMCO) to
witness the online mediation conference and to keep digital
records thereof but only for the sole purpose of drafting new
guidelines on online mediation in the courts.
PMC-CA FORM 3-A Agreement to Mediate Online

WE HEREBY further agree to abide by a stricter non-disclosure

and confidentiality agreement that renders inadmissible any information
disclosed during the online mediation conference, particularly that:

1. We guarantee that no other person not a party to this agreement

shall be present in the room used by each party during the entire
duration of the online mediation session/s, except for our
respective lawyers who are allowed to be present but not to
actively participate in the proceedings;

2. We agree to adopt measures to ensure that the online mediation

conference is not interrupted by any other person or for any
reason whatsoever;

3. We shall turn off or put on silent mode and/or disable any alert
announcements or notifications of texts, emails, tweets or other
social media activity, and close any and all other open application
in any other phones, tablets or computers, even before the start of
the online mediation session;

4. We shall not make any audio or video recording of the mediation

session or any portion thereof, nor shall we allow any other person
to do so on our behalf. In the event that we learn of any audio or
video recording of the mediation session or any part thereof, we
shall take immediate measures to destroy the recording and shall
not share said recording with any third parties;

5. We shall not transmit a live or deferred video or audio relay of the

online mediation session/s to third parties; and

6. We agree to assign all intellectual property rights in the online

video mediation session/s to the PMCO.

IN WITNESS whereof, we hereby voluntarily affix our signatures

fully aware that we may be held liable for contempt of court and/or
administrative or other sanctions for any violation of the confidentiality
agreements as aforementioned or, for our non-appearance on the
scheduled date and time of the online mediation conference without just
cause.

MANILA, ____________________

JESUS B. CALLUENG, EMERITUS SECURITY SYSTEM,

ET AL. INC., ET AL.
Petitioner/s Respondent/s

By: By:
ID and No.: ID and No.:
Date of Issue: Date of Issue:
Email Address: Email Address:
Contact No.: Contact No.:

ATTESTED BY:

GIL M. FERRER
Mediation Staff Officer VI
PMCU – CA Manila