Introduction to

MEDIATION
[Republic Act No. 9285]

Lecturer
MARK CHRISTIAN L. GUZMAN
DARPO-Aurora ARPO II
Accredited Mediator PMC Baler Unit
Philippine Judicial Academy- Supreme Court
 Law and Issuance re: Mediation

Sec. 2, Republic Act No. 9285 (ADR Act)

It is hereby declared the policy of the State to actively promote party
autonomy in the resolution of disputes or the freedom of the parties to make
their own arrangements to resolve their disputes. Towards this end, the State
shall encourage and actively promote the use of Alternative Dispute Resolution
(ADR) as an important means to achieve speedy and impartial justice and
declog court dockets. As such, the State shall provide means for the use of ADR
as an efficient tool and an alternative procedure for the resolution of appropriate
cases. Likewise the State shall enlist active private sector participation in the
settlement of disputes through ADR. x x x
 Overview

• a voluntary process in which a mediator,

selected by the disputing parties, facilitates
communication and negotiation, assists the
parties in reaching a voluntary agreement
regarding a dispute [Sec.3 (q), ADR Act]
• the process whereby communication is
facilitated between the disputing parties
so that a compromise agreement will be
reached that will serve their mutual
needs and interests.
 CONFLICT
Why conflicts exists

- It is natural and part of life.

- Results from normal interactions between
individuals and groups.
SETTLEMENT VS. FAILURE
• NEGOTIATION • LITIGATION
• COMPROMISE • FILING OF CASE
AGREEMENT (COURT)
• MAINTAIN/RESTORE • LOSS OF
RELATIOSHIP RELATIOSHIP
 Negotiation
 is a discussion between people, with
the goal of reaching an agreement
that is mutually acceptable to both
 process humans undertake when
they realize that communication is
necessary to arrive at an
accommodation on some point of
mutual interest
Nature of Negotiation
Compromise Agreement/
Voluntary Agreement
ART. 2028 “A COMPROMISE IS A CONTRACT
WHEREBY THE PARTIES, BY MAKING
RECIPROCAL CONCESSIONS,
AVOID A LITIGATION OR PUT AN END TO ONE
ALREADY COMMENCED”
 Contract
• “A MEETING OF THE MINDS BETWEEN TWO PERSONS
WHEREBY ONE BINDS HIMSELF TO GIVE SOMETHING OR TO
RENDER SOME SERVICE” (ARTICLE 1305, CIVIL CODE).

• “A CONTRACT IS OBLIGATORY (ENFORCEABLE) IN

WHATEVER FORM ENTERED INTO” (ARTICLE 1356, CIVIL
CODE.
Characteristics of Mediation

- Party-driven - Flexible procedure

- Interest-based approach - customized outcome

- Speedy and relatively inexpensive
- Final and enforceable private and confidential
Benefits of Mediation

• Self-determination
• Customized outcome
• Time and Cost saving
• Preservation of relationship
• Easy enforcement
 Mediation process
 Mediator’s Opening Statement
 Parties’ Opening Statements
 Joint Discussions
 Private Caucusing
 Joint Negotiations
 Closure
 Mediation Approaches
 FACILITATIVE – assists the parties in finding and analyzing
options for resolutions. Mediator does not make
recommendation or gives own advice/opinion. (process-outcome)
 EVALUATIVE – points out weaknesses in the parties’ case;
shuttle diplomacy; concerned with fairness issues and rights.
 TRANSFORMATIVE – based on values of empowerment
and recognition. Not settlement only but the positive
transformation of the parties’ relationship.
 Mediation Ethical Standards
 Information received during mediation remain privileged and confidential;
 Maintain absolute confidentiality of process;
 Ensure competence to mediate issue at hand;
 Maintain impartiality and independence;
 Refrain from providing legal advice;
 Parties must fully informed of the mediator’s role, process/nature, role of
parties and terms of any settlement agreement;
 Ensure voluntary participation of parties at all stages of the proceedings.
Thank you !!!