MEDIATION IN

FAMILY COURTS
BY:
ATTY. GENEVIEVE MARIE DOLORES
BRANDARES-PAULINO
 “A D R D E F I N E D”
• 

• "Alternative Dispute Resolution System" means any

process or procedure used to resolve a dispute or
controversy, other than by adjudication of a presiding
judge of a court or an officer of a government agency,
as defined in this Act, in which a neutral third party
participates to assist in the resolution of issues.
 RA 9285 ( ALTERNATIVE DISPUTE
RESOLUTION ACT )
In April 2004, the Philippine Congress
passed Republic Act No. 9285 otherwise
know as “AN ACT TO INSTITUTIONALIZE THE
USE OF AN ALTERNATIVE DISPUTE
RESOLUTION SYSTEM IN THE PHILIPPINES
AND TO ESTABLISH THE OFFICE FOR
ALTERNATIVE DISPUTE RESOLUTION, AND FOR
OTHER PURPOSES”
 MODES OF ADR
• Arbitration

• mediation

• conciliation

• early neutral
evaluation
• mini-trial

• or any combination thereof;

MEDIATION and the
MEDIATOR
 FAMILY MEDIATION

Family law case mediation is a

form of alternative dispute resolution
in a private forum before a case is
filed in court or a court-annexed
whereby an impartial person, a
professional, or a judge in a two-
court system helps parties define
issues and have a plan to deal with
them.
 COURT-ANNEXED
MEDIATION

• Court-Annexed Mediation, is an enhanced

pre-trial procedure that involves settling
mediatable cases filed in court with the
assistance of a mediator who has been
accredited by the Philippine Supreme Court.
 COURT-ANNEXED
MEDIATION

• The mediator assists party litigants to identify issues

and develop proposals to resolve their disputes. The
process has come to include the Judicial Dispute
Resolution (JDR). Mediation has also moved upward
from the trial court level to the Appeals Court level.
FAMILY MEDIATOR
A family case
mediator sits down
with people to
discuss options and
develop proposals
to resolve a dispute.
The mediator does not
take sides. Every
party attends the
process and they make
all the decision.
 WHAT CAN BE A SUBJECT
OF FAMILY MEDIATION?
RULE 1. Coverage. – The following cases shall be referred to
family mediation:
• a) All issues under the Family Code and other laws in
relation to:

*support

*custody

* visitation
*PROPERTY RELATIONS

*GUARDIANSHIP OF MINOR
CHILD

*AND OTHER ISSUES WHICH

CAN BE SUBJECT OF A
COMPROMISE AGREEMENT.
• B) SETTLEMENT OF ESTATES
 WHAT CAN NOT BE A SUBJECT OF

FAMILY MEDIATION?

1) those covered by:

• (a)  Republic Act 9262 (Anti-Violence Against Women
and Their Children Act)
• (b)  Republic Act 7610 (Special Protection of Children
against Abuse, Exploitation, and Discrimination Act)
• (c)  Republic Act 8353 (Anti-Rape Law)

• (d)  Republic Act 9208 ( Anti-Trafficking in Persons Act)

• (e)  Republic Act 9775 (Anti-Child Pornography Law)

• 2) civil status of persons

• 3) validity of marriage
• 4) future support

• 5) jurisdiction

• 6) grounds for legal separation

• 7) future legitime
 WHO ARE THE PARTIES IN FAMILY
MEDIATION?
• The parties in family mediation are the following:

A. husband and wife in declaration of nullity or annulment

of marriage or in legal separation cases;

B. common law partners; former spouses when tackling

change in custody and visitation of minor children or
amount of support;
• new partners; parents; grandparents; and age-
appropriate children as to questions affecting them to
promote their best interests.

NOTE: While children over 7 years of age may choose their

custodial parent, discernment on their part is required.  
 WHO ARE THE ATTENDEES IN THE

FAMILY MEDIATION?

In attendance during family mediation are the parties;

mediator or co-mediator; lawyers to assist parties as to
legalities or to draft a compromise agreement (lawyer
participation is encouraged as to property division or
amount of support but need not be present as regards
parenting issues);
• Child development experts; assigned case worker,

service providers for children and families;

accountants; property evaluators; and interpreters.

• For moral support, the persons allowed in mediation
proceedings are parents; guardians; other relatives with
legal standing to the case; friends, colleagues;
counselors; and other support persons.
 ATTRIBUTES OF A FAMILY
MEDIATOR
Among the attributes of a family mediator are
knowledge of child development; battering
cycle; power imbalance among parties;
substance abuse; psychopathology (nature,
cause and symptoms of mental and behavioral
conditions); established legal principles and must
not be current employees of protective services
for the requisite objectivity.
 ISSUES TACKLED DURING FAMILY MEDIATION

• As one might expect, the issues that come at

play during family mediation are varied-
substantive (entitlements); procedural (case
studies); relational (marriage and paternity);
psychological (affecting legal capacity as spouse
or domestic violence); and in proper cases,
jurisdictional (facts of the case for as long as
parties have legal representation).
• Parties may be mediated before they separate or
after; before conclusion of an agreement or after;
before litigation; before pre-trial conference; during
litigation; and after litigation particularly to deal
with changed situations or to clarify court orders.
The expected outcome of family mediation is a written
document outlining the details of the parties’ agreement, with
the mediator finalizing it assisted by the lawyers, the formal
deal signed by the parties and thereafter submitted to the court
for approval.
 
 \
Lastly, when an agreement
occurs as a result of family
mediation, it is one that is
not contrary to law, morals,
and public policy so that
the court approves the same
and orders all parties to
comply with the terms and
conditions under pain of
writ of execution.  
 A.M. No. 10-4-16-SC
RE: RULE ON COURT-ANNEXED FAMILYMEDIATION and
CODE OF ETHICAL STANDARDS FOR MEDIATORS

• RULE 2. Order of Mediation. – The trial court, after determining

the possibility of an amicable settlement or of a submission to
alternative modes of dispute resolution, shall issue an Order
referring the case to the specially trained family mediators at the
Philippine Mediation Center (PMC) Unit for mediation and
directing the parties to proceed immediately to the PMC Unit.
 A.M. No. 10-4-16-SC
RE: RULE ON COURT-ANNEXED FAMILY
MEDIATION and
CODE OF ETHICAL STANDARDS FOR
MEDIATORS

RULE 5. Presence of Lawyers; Others. – Lawyers may act as

consultant or adviser of the parties but may attend only
upon the request of the mediator. The participation of
persons other than the parties may be allowed as may be
agreed upon by the parties and upon clearance by the
mediator.
ROLE OF LAWYERS IN COURT-ANNEXED MEDIATION

• A significant Guideline contributory to making

CAM work was issued by the Supreme Court in
9 March 2004. It requires parties’ counsel in
court-annexed mediation cases, to prepare the
client for mediation, participate in the
mediation session, assist in the preparation of
the Compromise Agreement and provide
guidance in compliance with the terms of
judgment on a compromise.
 A.M. No. 10-4-16-SC
RE: RULE ON COURT-ANNEXED
FAMILYMEDIATION and
CODE OF ETHICAL STANDARDS FOR MEDIATORS

• SLIDE 15. RULE 6. Mediation

Proceedings. –
• a) The Family Mediator is an
officer of the court when
conducting mediation
proceedings.
• b) A conference before the Family Mediator must
first be held with both parties present. The
Family Mediator must explain the mediation
proceedings stressing the benefits of an early
settlement of the dispute and must attempt
immediate settlement.
• If no settlement is reached at this conference, the Family
Mediator may, with the consent of both parties, hold
separate caucuses with each of them to enable the Family
Mediator to determine their respective real interest in the
dispute. Thereafter, another joint conference may be held to
consider various options proposed by the parties to resolve
the dispute.
• c) The Family Mediator must not record the proceedings
in any manner but he may take down personal notes to
guide him.
• d) The Family Mediator must submit progress status
report/s to the trial court, which referred the case at the
end of the mediation period.
 RE: RULE ON COURT-ANNEXED FAMILY MEDIATION and

CODE OF ETHICAL STANDARDS FOR MEDIATORS

• c) The PMC Unit must keep the stated reports only
for file of mediation proceedings. All other records
or documents must be returned to the parties.
• d) At the end of the period allowed by the trial
court and if no settlement has been reached, the
case must be returned to the trial court for further
proceedings, unless the parties agree to further
continue the mediation, in which case, extension
may be granted by the trial court.
MEDIATION SESSION ARE CONFIDENTIAL

RULE 7. Confidentiality of Records. – To encourage the

spontaneity that is conducive to effective communication,
thereby enhancing the possibility of successful efforts, the
mediation proceedings and all incidents thereto must be
kept strictly confidential, unless otherwise specifically
provided by law, and all admissions or statements made
therein are inadmissible for any purpose in any proceeding.
• Both parties undertake not to rely or introduce as
evidence in any other proceedings the following
matters:
• a) Views expressed or suggestions made by the
other party in respect to a possible settlement of
the dispute;
 A.M. No. 10-4-16-SC
RE: RULE ON COURT-ANNEXED FAMILY MEDIATION and
CODE OF ETHICAL STANDARDS FOR MEDIATORS

• b) Admission made by either party in the course of

the proceedings;
• c) Proposal made by the Family Mediator;

• d) The fact that the other party had indicated his

willingness to accept a proposal settlement made
by the parties to the Family Mediator.
 A.M. No. 10-4-16-SC
RE: RULE ON COURT-ANNEXED FAMILYMEDIATION
and
CODE OF ETHICAL STANDARDS FOR MEDIATORS

• No transcript or minutes of the mediation

proceedings shall be taken, and personal notes
of the Family Mediator on the Mediation
proceedings shall not be furnished the trial
court. Any such transcript, minutes and notes
shall be inadmissible as evidence in any other
proceedings.
 A.M. No. 10-4-16-SC
RE: RULE ON COURT-ANNEXED FAMILY MEDIATION and
CODE OF ETHICAL STANDARDS FOR MEDIATORS

RULE 9. Personal Appearance. – Individual parties must

personally appear for family mediation.
 A.M. No. 10-4-16-SC
RE: RULE ON COURT-ANNEXED FAMILYMEDIATION and
CODE OF ETHICAL STANDARDS FOR MEDIATORS

RULE 12. Proceedings in Case of Successful

Settlement. – If the family mediation is
successful, the PMC Unit shall submit to
the trial court, within three (3) days from
termination of proceedings,
 A.M. No. 10-4-16-SC
RE: RULE ON COURT-ANNEXED FAMILYMEDIATION and
CODE OF ETHICAL STANDARDS FOR MEDIATORS

• (a) the original Compromise Agreement

entered into by the parties which will be the
basis of the rendition of a judgment (partial
or full) by compromise which may be
enforced by execution, or
• (b) a withdrawal of the Complaint, or

• (c) a satisfaction of the claim.

 A.M. No. 10-4-16-SC
RE: RULE ON COURT-ANNEXED FAMILYMEDIATION and
CODE OF ETHICAL STANDARDS FOR MEDIATORS

• RULE 13. Proceedings in Case of

Failure to Settle. – If the family
mediation is not successful, the
Family Mediator shall prepare a
“Certificate of Failed
Mediation” and the PMC Unit
shall submit the same to the
court, within three (3) days.
 A.M. No. 10-4-16-SC
RE: RULE ON COURT-ANNEXED FAMILY MEDIATION and
CODE OF ETHICAL STANDARDS FOR MEDIATORS

• RULE 13. Proceedings in Case of Failure to Settle.

– If the family mediation is not successful, the
Family Mediator shall prepare a “Certificate of
Failed Mediation” and the PMC Unit shall
submit the same to the court, within three (3)
days.
THANK YOU