Professional Documents
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Mediation and Conciliation-Vfmpc
Mediation and Conciliation-Vfmpc
Conciliation
Pursuant to Article 137 of Republic Act No. 9520, known as Philippine Cooperative
Code of 2008 and reinforced by Republic Act 9285, known as the Alternative
Dispute Resolution Act of 2004, the Vincentian Family Multi-Purpose Cooperative
(VFMPC) Mediation and Conciliation hereby adopts and promulgates the following
process and procedures in the conduct of VFMPC-Mediation and Conciliation, under
the said article to wit:
Section 1.
Title.
These Process and Procedures shall be known as the VINCENTIAN
FAMILY MULTI-PURPOSE COOPERATIVE MEDIATION AND CONCILIATION.
Section
2.
Scope
These guidelines shall govern the conduct of mediation and conciliation process
and Procedures at the
primary cooperative level, provided that nothing in these guidelines shall preclude
the parties from seeking the parties from seeking other modes of amicably settling
the dispute.
Section
3.
Coverage
These guidelines shall apply to all disputes among members, officers,
directors, and committee
members, and VFMPC employee disputes shall, as far as practicable, be settled
amicably in accordance with the mediation and conciliation mechanisms embodied
in the by-laws of the cooperative, and in applicable laws. Should such a
mediation and conciliation proceeding fail, the complainant party/ies shall be
appeal to the VFMPC Board of Directors, and if not successful to settled in the
VFMPC the matter shall be settled in the VFMPC affiliated secondary cooperative the
Union of Catholic Church- Based Cooperative (UUCBC), if it not being settled can
proceeds to CDA arbitration and if it is still fail to resolved it is time to proceed in a
court of competent jurisdiction for litigation.
Section 4. Definition
of Terms.
I. Mediation is a process of resolving disputes with the aid of a neutral person who
help parties identify issues and formulate solutions to resolve their disputes
voluntarily, mutually satisfactory outcome.
II. Conciliation is a process of referring a dispute whereby neutral third party
takes a vigorous and active role in assisting disputants.
III. Negotiation intercourse between two or more states conducted for the
purpose of afecting an understanding between them; or the conduct of
discussions between the parties to a dispute designed to produce a settlement of
the dispute.
IV. Settlement or Agreement shall refer to the compromise, which the parties in
the mediation and conciliation conference have agreed upon.
Section 5. Commencement
of Action
Action for mediation and conciliation may be commenced upon receipt of written
request from either or both parties.
Section 6. Filling of the
Complaint
Any complainant may fle his/her/its complaint with the mediation and
conciliation committee.
Section 7. Content of the
Complaint
The complaint shall be in writing. It shall contain
the following:
I. Name/s, address/es, contact details, position in the cooperative, and status of
membership of the complainant and the respondent/s if known by the requesting
party/ies.
II. Brief statement of facts and circumstances which caused commission or
omission of the act complained.
Section 8. Baseless
Complaint
Within 15 days from receipts of the complaint, the committee shall
determine the merit of the complaint. If upon its sound discretion, the complaint
is found to be baseless or without merit, it may
outright dismiss the same and inform in writing the complaint, expressly stating
the legal and factual
basis
of
its
decisions.
Section 9. Valid Cause
of Action
If the complaint states a valid cause of action, the committee shall forthwith inform
in writing the respondent/s providing him a copy of complaint, and directing him to
submit his answer within Fifteen (15) days from receipt thereof. The Committee
Chairman may, upon written request by the respondent, extend the period within
which to fle his answer provided that it shall not exceed (Twenty) 20 days.
Section 10. Withdrawal of
Complaint
At any time before judgment, the complainant may, in writing, withdraw his
complaint or enter into a compromise agreement and the case shall be considered
dismissed or settled, as the case may be.
Section
11.
Answer
I. In his/her answer, the respondent shall specifcally admit or deny, or deny only a
part of averment in
the complaint. He/she shall set forth the substance of the matter upon which he
relies to support his/her denial.
II. If he/she denies only a part of the averment, he/she shall specify so much of it, as
it is true and deny the remainder. He/she may also state that he/she had no
Section
13.
Dialogue
Upon receipt of comments/answer from the party/ies being requested to talk with,
the mediation and conciliation committee as the case may be, shall issue a notice
of conference to all parties concerned stating the date, time and venue of the
conference which is the cooperative office.
Section
14.
General
Preparation
I. The mediator and/or conciliator shall have the following documents at his
disposal during the conference.
a.
Copy
of
the
implementing rules
b. Copy of these process and procedures, and other pertinent issuances
of the Cooperative
Development
Authority
c. Copy of the VFMPC articles of cooperation
and by-laws
d. Other documents that may be deemed necessary for
the conference
II. Written request for a dialogue may be fled by the mediation and conciliation
committee secretary with the cooperative office. It shall contain the following:
a. The venue where the conference is to be held must be comfortable to all so that
the atmosphere shall be conducive to the settlement of disputes.
b. A Prayer may be said before the settlement
of disputes.
Section 15. Purpose of
Conference
The mediator and/or conciliator shall make it clear that the purpose of the
conference is to see whether
any settlement or agreement may be reached between the party/ies after a
thorough discussion of the issues.
Section 16. Conduct of
Conference
The following rules shall be
observed
I. The party/ies required to appear personally during the conference without the
assistance of counsel.
II. Mediation and conciliation conference is not judicial proceeding per se. hence, the
technical rules and procedures shall not be applicable in such cases.
III. The conduct of the conference shall be non- adversarial in nature and shall
proceed with the end in view of settling any cooperative dispute.
IV. All party/ies involved or interested in the dispute shall be aforded the
opportunity to ventilate their views concerning the dispute.
Section 17. Confdentiality
of Records
The mediation and conciliation proceedings and all incidents thereto shall be kept
strictly confdential,
unless otherwise specifcally provided by law, and all admissions or statements
made therein shall be inadmissible for any purpose in any proceeding.
Section 18. Recess and
Suspension
The conference may be recesses from time to time in order for the parties to
consult with one another.
It may also be suspended from day to day until the position of both parties an all
issues are properly ventilated and exhausted.
NON-SETTLEMENT
VFMPC Board of
Directors
Special body (see Section
25, 26 & 27)
CDA
Arbitration
COURT
LITIGATION