is the step-by-step procedure for mediation?
Upon the filing of certain pleadings, the P500.00
mediation fee will be collected by the Clerk of Court.
After your case is determined to be mediatable, the
Branch Clerk of Court will issue a Notice of Order
of Pre-Trial. Both parties and their counsel will
be required to appear before the judge. The court
will order you both to the Philippine Mediation Center
(PMC) Unit for an orientation on mediation.
The Daily Supervisor (DS) of the unit will explain
the mediation process. The mediation proceedings are
cheduled at your earliest convenience, usually within
five to seven working days.
The DS then presents a list of accredited mediators
for both parties to choose and agree on. If you can
not select one, the DS will assign the mediator to
your case and will notify the mediator through a Notice
of Mediation validated by the
judge. This makes the mediator an Officer of the Court.
The mediation session then proceeds on the scheduled
date in an open and informal setting to encourage
ommunication. You will have 30 days for the proceedings,
extendible to another 30 days.
a litigant, how do I prepare for mediation?
Consult your lawyer for a thorough briefing on mediation
and how it will affect your case. Have all the necessary
documents regarding your case at hand. Be ready to
confront possibly deep-seated issues at the heart
of the dispute.
there a neutral venue for mediation? Where do mediation
sessions take place?
Mediation sessions are held in private rooms in the
PMC unit of the trial court.
The sessions can not take place in private offices
like the law office of the mediator.
If one of the parties is not available due to health
reasons, for example, proper authorization has to
||How long should
each of these sessions last?
An individual mediation session can last from one hour
to three hours on the average.
many people are allowed in a mediation session?
As a litigant, you can be accompanied by as many
people you feel will help you in the mediation proceedings.
However, considering space limitations, you might
consider bringing only your lawyer and perhaps one
there an official language for a mediation session?
There is no official language for mediation proceedings.
The disputing parties and the mediator can use their
native language provided that everyone can understand
will happen when both parties can not seem to agree?
When a settlement can not be reached through court-annexed
mediation, the case is referred back to the pre-trial
judge. This begins the JDR process. If this still
fails, the case is moved to another judge for trial.
will happen if the other party does not comply with
the agreement reached?
You must inform the court that approved the compromise
agreement immediately for them to issue an order to
comply. Sanctions will be imposed for non-compliance.
The aggrieved party may also apply for a writ of execution.
do I do if the mediation proceedings are leaked
to the press?
Since mediation proceedings are confidential, violations
made by either party or even the mediator will be
can I learn more about mediation?
Your lawyer may be one of your best resources on
mediation. The Philippine Mediation Center may have
additional information. Mediation is a global experience
and can also be researched extensively on the web.