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DISPUTE RESOLUTION
MEDIATION
VOLUNTARY
MEDIATION COURT-DIVERTED
(RA 9285 AND IRR OF MEDIATION
ADR ACT: DOJ
DEPARTMENT (A.M. 11-1-6-SC-PHILJA)
CIRCULAR NO. 98)
COURT-REFERRED
INSTITUTIONAL COURT-ANNEXED MEDIAITON
AD HOC MEDIATION
MEDIATION MEDIATION
VOLUNTARY MEDIATION
VOLUNTARY MEDIATION
Whether ad hoc or institutional, other than court-
annexed.
CASE:
Cayetano vs. Monsod GR No. 10013
CONDUCT OF
MEDIATION
WHAT ARE THE ARTICLES TO BE
CONSIDERED IN THE CONDUCT OF
MEDIATION?
(a) The mediator shall not make untruthful or exaggerated
claims about the dispute resolution process, its costs and
benefits, its outcome or the mediator’s qualifications and
abilities during the entire mediation process.
(c) The parties shall personally appear for mediation and may be
assisted by a lawyer. A party maybe represented by an agent who
must have full authority to negotiate and settle the dispute.
(d) The mediation process shall, in general, consists of the
following stages:
(vi) closure
(e) The mediation proceeding shall be held in private.
Person, other than the parties, their representatives and
mediator, may attend only with the consent of all the
parties,
Exceptions:
(b) a mini-trial,
3.The third stage is during the appeal where covered cases are referred
to the PMC-Appeals Court Mediation (ACM) unit for mediation.
MEDIATABLE CASES
(1) All civil cases and the civil liability of criminal cases covered
by the Rule on Summary Procedure, including the civil liability
for violation of B.P. 22, except those which by law may not be
compromised;
(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[10]
Who shall conduct? The judge to whom the case has been
originally raffled or the JDR judge