THE MEDIATOR
Who is a mediator
- means a person who conducts mediation
- one who assists and guides the parties toward their own
resolution.
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
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
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.
