COURT ANNEXED MEDIATION

Rationale

RATIONALE

“Our courts have become bitter if not bloody battle ground; as avenues where litigants engage in high cost combats, as arenas where the truth is often blurred by procedural technicalities where at the end of the day not infrequently comes too late and too little”

Justice Renato Puno

PRE-TRIAL BASES

ADR IN

COURTS

Mediatable Cases

Non-mediatable Cases

in the separate ppt

Civil Cases

NOT ANYMORE MEDIATABLE

Criminal Cases

1

Extension for another 30 days may be GRANTED BY THE COURT

1) upon motion filed by Mediator; and

2) with parties’ conformity

2

3

MAXIMUM OF SIXTY (60) DAYS

SUSPENSION OF PERIODS (A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed Mediation [CAM], Suspension of Periods)

4

Mediation period excluded from regular & mandatory periods for trial & rendition of judgment in ordinary cases & in cases under summary proceedings

Individual party litigants

Corporate party litigants

Notes

SANCTIONS (A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed Mediation [CAM], Sanctions)

COURT imposes sanctions upon Mediator’s recommendation or upon referring judge’s own initiative or upon motion of interested party

Grounds for sanctions:

1) failure of party to appear before PMCU despite directive from the Judge/Court;

2) any person who engages in abusive conduct during mediation (Rules of Court on Pre-trial)

Sanctions (not limited to the following):

1) censure,

2) reprimand,

3) contempt

4) require absent party to reimburse appearing party his costs, including attorney’s fees for that day up to treble such costs, payable on or before date of re-scheduled setting.

PROCEDURE AFTER A SETTLEMENT IS REACHED BY THE PARTIES – ARCHIVING IN CRIMINAL CASES

PROCEDURE AFTER A SETTLEMENT IS REACHED BY THE PARTIES – ARCHIVING IN CRIMINAL CASES

Where settlement on the civil aspect has been reached but the period of payment in accordance with the terms of settlement exceeds one (1) year, the case may be archived upon 1) motion of the prosecution, 2) with notice to the private complainant and 3) approval by the judge. [A.M. No. 11-1-6-SC-PHILJA – Part 3 (IX, 2nd par.)]

PROCEDURE WHEN MEDIATION TERMINATES WITHOUT A SETTLEMENT

PROCEDURE WHEN MEDIATION TERMINATES WITHOUT A SETTLEMENT

MEDIATOR SHALL SUBMIT TO THE COURT A MEDIATOR’S REPORT STATING FAILED MEDIATION

Notes

CAM --->JDR

If parties DO NOT SETTLE in CAM, judge conducts JDR – Judicial Dispute Resolution.

NEW ROLE OF JUDGES IN JDR

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)

Judge as a MEDIATOR;

Judge as a CONCILIATOR;

Judge as a NEUTRAL EVALUATOR;

COMBINATION of any of the above

NEW ROLE OF JUDGES IN JDR

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)

MEDIATOR & CONCILIATOR - Judge facilitates the settlement discussions between parties and tries to reconcile their differences

NEUTRAL EVALUATOR - Judge assesses the relative strengths and weaknesses of each party’s case and makes a non-binding and impartial evaluation of the chances of each party’s success in the case

NEW ROLE OF JUDGES IN JDR

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)

GENERAL RULE

JDR judge shall not preside over the trial of the case when parties did not settle their dispute at JDR

JUDICIAL DISPUTE RESOLUTION

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts

RULE 1

MULTI-SALA COURTS –

raffle case - first branch handles case until JDR if case not resolved in JDR -- raffle to another branch for PRE-TRIAL PROPER to judgment (N.B. Cases with TRO/Prelim. Inj., judge where case first raffled rules on TRO/Prelim. Inj. During pre-trial, judge refers case to CAM. If no settlement at CAM, case raffled to another branch for JDR. If no settlement at JDR, case returns to branch that ruled on TRO/Prelim. Inj. for pre-trial proper to judgment.)

JUDICIAL DISPUTE RESOLUTION

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts

RULE 2

SINGLE-SALA COURTS –

case filed at proper court

JDR conducted by pair court judge, if any, otherwise, by nearest court judge determined by Exec. Judge. However, before JDR, parties may file joint written motion requesting that court of origin conducts JDR and trial.

(N.B. JDR conducted at station where case originally filed. JDR results referred to court of origin for appropriate action, e.g. approval of compromise agreement, trial, etc.)

JUDICIAL DISPUTE RESOLUTION

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts

RULE 3

FAMILY COURTS – Before JDR, parties may file joint written motion requesting family court, where case originally raffled, to conduct JDR & trial.

Where only one family court, JDR to be conducted by another branch through raffle. If there is another family court in same area, JDR conducted by family court where case originally raffled & if no settlement, the other family court shall conduct pre-trial proper and trial. N.B. If principal case is non-mediatable like annulment of marriage, other issues like custody of children, support, visitation, property relations and guardianship may be referred to CAM & JDR to limit issues for trial.

JUDICIAL DISPUTE RESOLUTION

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts

RULE 4

COMMERCIAL & INTELLECTUAL PROPERTY COURTS – Before JDR, parties may file joint written motion requesting special court, where case filed, to conduct JDR & trial.

Where only one special court, JDR to be conducted by another branch through raffle. If no settlement, special court judge conducts pre-trial proper and trial.

N.B. Any incident or motion filed before pre-trial stage shall be dealt with by special court judge who shall refer case to CAM.

JUDICIAL DISPUTE RESOLUTION [A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts in relation to A. M. No. 09-6-8-C (APRIL 29, 2010) on RULES OF PROCEDURE FOR ENVIRONMENTAL CASES]

ENVIRONMENTAL CASES

RULE 3 (Pre-Trial)

[A. M. No. 09-6-8-C (APRIL 29, 2010) on RULES OF PROCEDURE FOR ENVIRONMENTAL CASES]

Section 3 (Referral to Mediation) – case referred for CAM. If CAM not available, court refers case to clerk of court or legal researcher for mediation.

Section 4 (Preliminary conference) – branch clerk of court for mediation

Section 5 (Pre-trial conference; consent decree) – JDR conducted by environmental court judge

JUDICIAL DISPUTE RESOLUTION

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts

ENVIRONMENTAL CASES

RULE 3 (Pre-Trial)

[A. M. No. 09-6-8-C (APRIL 29, 2010) on RULES OF PROCEDURE FOR ENVIRONMENTAL CASES]

Section 6 (Failure to settle) – judge encourages referral of case to trial by commissioner (Rule 32) or to mediator or arbitrator

Section 10 (Efforts to settle) – judge endeavours parties to agree to compromise or settle in accordance with law at any stage of the proceedings before rendition of judgment.

N.B. Environmental court judge conducts mediation and trial.

SMALL CLAIMS

SMALL CLAIMS CASES

SEC. 21. Hearing - judge conducts JDR

Sec. 22. Failure of Settlement - If settlement fails, judge hears & terminates case in one (1) day.

Either party may move in writing to have another judge hear & decide case. Referral of case for reassignment by original judge to Executive Judge made within same day motion is filed and granted. Executive Judge refers case to designated judge within the same day of referral. The new judge shall hear and decide the case within five (5) working days from receipt of order of reassignment.

N.B. Small Claims Court Judge conducts mediation & trial (w/ option for another judge to conduct trial).

JUDICIAL DISPUTE RESOLUTION (A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IV on JDR During Trial)

JDR DURING TRIAL

CASES ON TRIAL STAGE – may be referred to JDR

REQUISITE: written motion of one or both parties indicating willingness to discuss possible compromise

If motion granted, trial is suspended.

Multiple sala - case referred for JDR conducted by another judge through raffle. If settlement reached at JDR, JDR judge takes appropriate action i.e. approval/disapproval of compromise agreement. If no settlement, case is returned to referring court for trial continuation.

JUDICIAL DISPUTE RESOLUTION (A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IV on JDR During Trial)

JDR DURING TRIAL

Single sala - JDR conducted by pair court, if any, or nearest court regardless of level. JDR results referred to court of origin for appropriate action, e.g. approval of compromise agreement, trial.

N.B. Parties may, by joint written motion, file request that case be not transferred to other courts for JDR and they agree to have trial judge continue trial should case not settle through JDR.

JUDICIAL DISPUTE RESOLUTION (A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, VI on Party Participation)

PARTY PARTICIPATION

Individual party litigants – personal attendance or duly authorized representatives (written) who are FULLY EMPOWERED to offer, negotiate, accept, decide and enter into compromise without need of further approval/notification to authorizing party

Corporate party litigants – representatives must be senior management officials with written authority from the Board of Directors to offer, negotiate, accept, decide and enter into compromise without need of further approval/notification to authorizing party

JUDICIAL DISPUTE RESOLUTION (A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, VI on Party Participation)

NON-APPEARANCE OF PARTY OR IMPROPER REPRESENTATIVE FOR JDR

Non-appearance of party or representative who appears without required authorization by special power of attorney (individual) or board resolution (corporation) - may be sanctioned (upon motion of party or motu proprio ) under Rule 18 of the Rules of Court (dismissal of case or presentation of evidence ex-parte), censure, reprimand, contempt & require absent party to reimburse costs of appearing party plus attorney’s fees for that day to treble such costs payable on or before date of re-scheduled setting. Sanctions may be reconsidered and sanctions lifted subject to judicial discretion.

JUDICIAL DISPUTE RESOLUTION (A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IX on Duration of JDR proceedings)

DURATION OF JDR PROCEEDINGS

First level Courts – 30 days

Second level Courts – 60 days

Both periods may be extended upon judicial discretion –

REQUISITES FOR EXTENSION –

1) high probability of settlement; and

2) upon joint written motion of parties

Computation of periods – from first appearance of parties for JDR

Schedule of JDR conferences – set not more than 2 weeks apart

JUDICIAL DISPUTE RESOLUTION

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IX on Duration of JDR proceedings)

DURATION OF JDR PROCEEDINGS

(ARCHIVING OF CASES)

Criminal Cases covered by CAM & JDR – where civil aspect is settled but period of payment EXCEEDS 1 year, case may be ARCHIVED

REQUISITES FOR ARCHIVING –

1) upon motion of prosecution,

2) with notice to private complainant, and

3) approval by judge

JUDICIAL DISPUTE RESOLUTION

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, VII on Judgments/Decisions in JDR and X on Suspension of Periods)

JUDGMENT/DECISIONS IN JDR & SUSPENSION OF PERIODS

JDR Judgments/Decisions – indicate in Judgments/Decisions that case settled at JDR (documentation purposes)

Suspension of periods – period of JDR proceedings excluded from regular & mandatory periods for trial and rendition of judgment & cases under summary proceedings

JUDICIAL DISPUTE RESOLUTION

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, XI on Settlement )

SETTLEMENT

A. CIVIL CASES –

Full settlement – submit Compromise Agreement for Court’s action

Full compliance with compromise – submit satisfaction of claims or mutual withdrawal of claims and counterclaims (Court dismisses case)

JUDICIAL DISPUTE RESOLUTION

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, XI on Settlement )

SETTLEMENT

A. CIVIL CASES –

Partial settlement – submit terms for Court’s action (judgment on partial compromise, enforced by execution w/out waiting for resolution of unsettled part);

Court proceeds to trial if parties file motion for him to do so; otherwise, JDR judge turns over case to new judge by re-raffle in multi-sala or originating court in single sala for pre-trial proper & trial

JUDICIAL DISPUTE RESOLUTION

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, XI on Settlement )

SETTLEMENT

B. CRIMINAL CASES –

1) Civil aspect – submit compromise agreement for Court’s action

2) Criminal aspect – determined by Public Prosecutor subject to Court’s action

NO SETTLEMENT ON CIVIL ASPECT – JDR judge tries case on merits if parties file joint written motion for him to do so; otherwise, case turned over to new judge by re-raffle in multi-sala or originating court in single sala for pre-trial proper & trial

JUDICIAL DISPUTE RESOLUTION

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, XII on Pre-trial Proper & XIII on Trial and Judgment)

PRE-TRIAL PROPER, TRIAL & JUDGMENT

NO SETTLEMENT OR PARTIAL SETTLEMENT– if no joint written motion from parties for JDR judge to try & decide case, JDR judge turns over case to new judge by re-raffle in multi-sala or originating court in single sala for pre-trial proper (Rules 18 & 118 of Rules of Court) & trial

TRIAL & JUDGMENT

JUDICIAL DISPUTE RESOLUTION

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, XII on Pre-trial Proper & XIII on Trial and Judgment)

PRE-TRIAL PROPER, TRIAL & JUDGMENT

NO SETTLEMENT OR PARTIAL SETTLEMENT– if no joint written motion from parties for JDR judge to try & decide case, JDR judge turns over case to new judge by re-raffle in multi-sala or originating court in single sala for pre-trial proper (Rules 18 & 118 of Rules of Court) & trial

TRIAL & JUDGMENT

COMMON PROVISIONS FOR CAM & JDR (A. M. No. 11-1-6-SC-PHILJA, Part Four Provisions Common to both CAM & JDR, I on Confidentiality)

Notes

CAM --->JDR

CONFIDENTIALITY – any and all matters discussed or communications made, including requests for mediation, documents presented during mediation at CAM & JDR, is privileged & confidential, and shall be inadmissible as evidence for any purpose in any other proceedings.

However, evidence or information otherwise admissible does not become inadmissible solely by reason of its use in mediation.

JDR Judge, all court personnel or any person present during such proceedings shall not pass information obtained in JDR to trial judge or any other person. All JDR conferences conducted in private.

COMMON PROVISIONS FOR CAM & JDR (A. M. No. 11-1-6-SC-PHILJA, Part Four Provisions Common to both CAM & JDR, II on Role of Lawyers in CAM & JDR Proceedings)

LAWYERS – may attend mediation as adviser/consultant to clients (not combative role and give up dominant role in trials); less directive role to allow parties to craft own agreement

FUNCTIONS:

1) Help clients comprehend mediation & its benefits and allow clients greater personal responsibility in making decisions for success of mediation in resolving dispute

COMMON PROVISIONS FOR CAM & JDR (A. M. No. 11-1-6-SC-PHILJA, Part Four Provisions Common to both CAM & JDR, II on Role of Lawyers in CAM & JDR Proceedings)

FUNCTIONS…:

2) Discuss with clients –

a. substantive issues in dispute

b. prioritization of resolution in terms of importance to client

c. understand position of other party & underlying fears, concerns & needs underneath position

d. need for more information/facts gathered/exchanged from other party for informed decision making

e. possible bargaining options but stressing need to be open-minded about other possibilities

f. best, worst & most likely alternatives to negotiated agreement (BATNA, WATNA, MLATNA)

COMMON PROVISIONS FOR CAM & JDR (A. M. No. 11-1-6-SC-PHILJA, Part Four Provisions Common to both CAM & JDR, II on Role of Lawyers in CAM & JDR Proceedings)

FUNCTIONS…:

3) Assist in compromise agreement preparation (not contrary to law, morals, good customs, public order or public policy) for Court’s approval, paying attention to voluntary compliance with terms & issues of enforcement in case of breach

4) Assist in preparation of manifestation of satisfaction of claims & mutual withdrawal of complaint & counterclaim as basis for Court’s dismissal of case

JDR FOR APPEALED CASES TO RTC (A. O. No. 28-2009 [March 2, 2009] Guidelines to Implement Mediation in RTC Acting as Appellate Courts in Appeals from First Level Courts)

PROCEDURE:

1) After receipt of Memorandum on appeal filed by appellant and lapse of period for filing appellee’s brief, RTC Judge issues Order calling parties to appear before him for JDR of case on appeal.

2) Judge conducts JDR & if parties settle, compromise agreement is submitted for Court’s action.

3) If parties do not settle during JDR, case turned over to new judge through raffle to render decision on merits unless parties file joint written motion requesting judge that conducted JDR shall render judgment on case on appeal.

JDR FOR APPEALED CASES TO RTC (A. O. No. 28-2009 [March 2, 2009] Guidelines to Implement Mediation in RTC Acting as Appellate Courts in Appeals from First Level Courts)

PROCEDURE…:

4) Where RTC judge affirms on appeal order of First Level Court dismissing case for lack of jurisdiction, RTC judge instead of trying the case on merits based on first paragraph of Sec. 8, Rule 40 of Rules of Court shall order parties to appear before him for JDR.

5) In cases where First Level Court decided case on merit without jurisdiction, RTC judge shall not dismiss case but instead conduct JDR.

Duration of JDR on Appeal – 60 days that may be extended for another 30 days upon joint motion of parties

WORLD

Naga City