THE MEDIATOR

What is Mediation?

-It is one of the technique that have come to be known as ADR,

designed to avoid costly litigation.

-It is a voluntary process where a neutral third-party mediator helps the

parties find common ground and negotiate a final settlement agreement.
Office for Alternative Dispute
Resolution(OADR)
-Is an agency attached to the Department of Justice which principally
acts as the appointing authority of mediators and arbitrators.
Mediator is unable to or refuses for any
reason
The parties may, upon being informed of such act, select another
mediator.

The mediator in such case may withdraw or may be compelled to

withdraw from the mediation proceedings under the following
circumstances:
a. If any of the parties request the mediator to withdraw;
b. The mediator does not have the qualifications, training and
experience to enable him to meet the reasonable
expectations of the parties;
c. The mediator’s impartiality is in question;
d. The continuation of the process will violate the ethical
standards;
e. The safety of any one of the parties will be jeopardize;
f. The mediator is unable to provide effective services;
g. In case of conflict of interest; and
h. Other instances provided for under the IRR
Rule 2, Article 3.5 of the IRR of RA 9285
(i) one or more of the parties is/are not acting in good faith;

(ii) the parties' agreement would be illegal or involve the commission of

a crime;

(iii) continuing the dispute resolution would give rise to an appearance of

impropriety;

(iv) continuing with the process would cause significant harm to a nonparticipating
person or to the public; or

(v) continuing discussions would not be in the best interest of the parties,
their minor children or the dispute resolution process.
Difference between mediator and
arbitrator
Mediation Arbitration
generally is precluded from making a looks into the legal rights and wrongs
report, assessment, evaluation, of a dispute and makes a decision.
recommendation, finding or other Once the arbitrator has arrived at
communication regarding a mediation. decision, it is binding to the parties
In short, the mediator essentially helps whether they agree with it or not.
the parties in an agreement without
arriving into his/her decision in the
dispute.

A successful mediation results in an  A contested arbitration results in a

agreement signed by the parties, decision by the arbitrator himself
without the agreement of the parties. 
 Duties and Functions of a Mediator
Prior to mediation
a. On competence
b. On partiality

During the mediation

a. Confidentiality
b. On consent and self-determination
c. On promotion of respect and control abuse of process
 Cost and Fees
A mediator is allowed to charge costs, reasonable fees and charges
against the parties but he is under obligation to fully disclose and explain
the basis thereof.

The mediator who withdraws from the mediation shall return to the parties
any unearned fee and unused deposit.

A mediator shall not enter into a fee agreement which is contingent upon
the results of the mediation or the amount of the settlement.
 Role of Parties and their Counsels
• Except as otherwise provided by the ADR Act or by these Rules, a party
may designate a lawyer or any other person to provide assistance in the
mediation.

Article 3.15. Role of Counsel.

a. A lawyer shall view his/her role in mediation as a collaborator with the
other lawyer;
b. The lawyer shall encourage and assist his/her client to actively
participate in positive discussions;
c. assist his/her client to comprehend and appreciate the mediation
process; and
d. Confer and discuss matters with regard mediation process
Place of Mediation
Article 3.18. Agreement of Parties on the Place of Mediation. The
parties are free to agree on the place of mediation. Failing such
agreement, the place of mediation shall be any place convenient and
appropriate to all parties.
 Confidentiality of Information
(a) Information obtained through mediation shall be privileged and
confidential.

(b) A party, mediator, or non-party participant may refuse to disclose and may
prevent any other person from disclosing a confidential information.

(c) Confidential information shall not be subject to discovery and shall be

inadmissible in any adversarial proceeding, whether judicial or quasi-judicial.
However, evidence or information that is otherwise admissible or subject to
discovery does not become inadmissible or protected from discovery solely by
reason of its use in a mediation.
 Confidentiality of Information
(a) Information obtained through mediation shall be privileged and
confidential.

(b) A party, mediator, or non-party participant may refuse to disclose and may
prevent any other person from disclosing a confidential information.

(c) Confidential information shall not be subject to discovery and shall be

inadmissible in any adversarial proceeding, whether judicial or quasi-judicial.
However, evidence or information that is otherwise admissible or subject to
discovery does not become inadmissible or protected from discovery solely by
reason of its use in a mediation.