GROUP 3

THE MEDIATION PROCESS

● Mediation is a voluntary process in which a mediator, selected by the
disputing parties, facilitates communications and negotiation, and assists
the parties in reaching a voluntary agreement regarding a dispute.
The following are important terms to consider:
● Ad hoc Mediation means any mediation other than institutional or court-
annexed.
● Institutional Mediation means any mediation administered by, and
conducted under the rules of, a mediation institution.
● Court-Annexed Mediation means any mediation process conducted
under the auspices of the court and in accordance with Supreme Court
approved guidelines, after such court has acquired jurisdiction of the
dispute.
● Court-Referred Mediation means 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.
● Certified Mediator means a mediator certified by the Office of ADR as
having successfully completed its regular professional training program.
● Mediation Party means a person who participates in a mediation and
whose consent is necessary to resolve the dispute.
● Mediator means a person who conducts mediation.
● Non-Party Participants means a person, other than a party or mediator,
who participates in a mediation proceeding as a witness, resource person
or expert.
● For the purpose of mediation, it shall be applied voluntarily whether ad hoc
or institutional, other than court-annexed mediation and only in default of
an agreement of the parties on the applicable rules. It shall also apply to all
cases pending before an administrative or quasi-judicial agency that are
subsequently agreed upon by the parties to be referred to mediation.
● In applying and constructing the rule on mediation, consideration must be
given on the need to promote candor of parties and mediators through
confidentiality of the mediation process, the policy of fostering prompt,
economical and amicable resolution of disputes in accordance with
principles of integrity of determination by the parties and the policy that the
decision-making authority in the mediation process rests with the parties.
● A party may petition a court before which an action is prematurely brought
in a matter which is the subject of a mediation agreement, if at least one
party so requests, not later than the pre-trial conference or upon the
request of both parties thereafter, to refer the parties to mediation in
accordance with the agreement of the parties.
● Selection of a Mediator
● The parties have the freedom to select their mediator. The parties may
request the OADR to provide them with a list or roster or the resumes of its
certified mediators. The OADR may be requested to inform the mediator of
his /her selection.
● Replacement of Mediator
● If the mediator selected is unable to act as such for any reason, the parties
may, upon being informed of such fact, select another mediator.
● Refusal or Withdrawal of Mediator
● A mediator may refuse from acting as such, withdraw or may be compelled
to withdraw, from the mediation proceedings under the following
circumstances:
 If any of the parties so requests the mediator to withdraw.
 The mediator does not have the qualifications, training and experience to
enable him/her to meet the reasonable expectations of the parties.
 Where the mediator's impartiality is in question.
 If continuation of the process would violate any ethical standards.
 If the safety of any of the parties would be jeopardized.
 If the mediator is unable to provide effective services.
 In case of conflict of interest.
 In any of the following instances, if the mediator is satisfied that:
a. One or more of the parties is/are not acting in good faith;
b. the parties' agreement would be illegal or involve the commission of a
crime;
c. continuing the dispute resolution would give rise to an appearance of
impropriety;
d. continuing with the process would cause significant harm to a
nonparticipating person or to the public, or;
e. continuing discussions would not be in the best interest of the parties, their
minor children or the dispute resolution process.