ADR REVIEWER

DISPUTE IN GENERAL
Modes of Resolving Disputes
1. UNILATERAL MODE
Action taken by one party without regard to the wishes of the
other party
a. Fight, flight or surrender, forgiveness
2. BILATERAL MODE
a. Direct negotiations between the parties to arrive at a settlement that
could be mutually beneficial
3. THIRD PARTY INTERVENTION MODE Facilitative (conciliation, mediation)
a. Evaluative or Decisional (arbitration, adjudication

Alternative Dispute Resolution - Any PROCESS or PROCEDURE used to resolve a dispute or

controversy. OTHER THAN by adjudication of a presiding judge of a court or an officer of a
government agency. In which a NEUTRAL THIRD PARTY participates to ASSIST in the resolution
of the issues Includes mediation, conciliation, early neutral evaluation, mini-trial, or any
combination thereof.

Advantages of ADR
1. It is less expensive compared to the costs of litigation and other forms of conflict
resolution.
2. It enables parties to reach settlements speedily.
3. It enables the parties to know and understand the parties’ interests and concerns.
4. Parties are generally more satisfied with the agreements that they themselves
crafted.
5. Parties are able to address more concerns.
6. Parties are able to directly participate in the process, with minimum assistance of
legal counsel.
7. Relationships of the parties are often preserved.

Adjudication v ADR

Product Maker of Focus Outlook Process Result

Product
Adjudication Judgment Judge Act Backward Rigid Win- Basic Principles of Mediation
Lose 1. Party Self-Determination or Party Autonomy
ADR Compromise Parties Person Forward Flexible Win- 2. Voluntariness
Agreement Themselves Win 3. Neutrality
4. Confidentiality
5. Efficiency, Informality, and Flexibility
6. Creativity

Audience of One
Party Self-Determination or Party Autonomy o info to prove or disprove abuse, abandon, neglect, exploitation in a
• Focus on the parties (based on relief that parties have the ability to solve their own proceeding which a public agency is protecting the interest of an individual
problems, to make decisions about the process and solutions) (RA 9825 on party protected by law
autonomy, CAM-JDR Rules on party empowerment)
• Implications on the role of lawyers and judges (personal appearance Efficiency, Informality, and Flexibility
• by parties or their representatives with full authority required; lawyers as • more efficient and less formal than litigation
advisors/consultants rather than advocates; dominant role as combatant or • parties are asked to participate positively in the process by following ground rules,
decision-maker given up. To allow parties more opportunity to craft their own including working with other parties constructively and focusing on solutions
agreement) • goal: to keep the parties engaged; that by end of the process, mediator has helped
the parties identify their issues and interests, as well as options for moving forward
Voluntariness
• Absence of force to mediate
Relate with 3-stage process of court diversion Creativity
• no one can be forced to mediate or to accept a solution • Thinking ahead
relationship of the parties is often valued; transformative aspect of
• “mandatory” provisions in the Rules merely provide for the opportunity or venue for mediation
the parties to explore the possibility of a settlement, but not to face parties to settle • Thinking outside the box
• CAM, JDR, ACM - judiciary as a forum of last resort; after all prior earnest efforts to • parties themselves come out with solutions and are not limited to the application of
arrive at private resolution have failed strict legal principles or precedents; as a result, there is greater ownership and
compliance with agreements crafted
Neutrality
• Absence of nearness, affinity, proximity without compromising impartiality; not DRIVERS OF CONFLICTS
one’s own values
• WHAT COULD AFFECT IMPARTIALITY? financial or personal interest in the outcome 5 Drivers of Conflicts
of mediation; existing or past relationship with a party in mediation; 1. Relationship Conflicts
• Should a mediator inhibit in this case? Not necessarily. Mediator is obliged to a. Miscommunication
disclose such fact prior to accepting the mediation as soon as practicable to the b. Strong Emotions
parties c. Stereotyping
d. Repetitive negative behavior
Confidentiality 2. Data Conflicts
• to encourage parties to share information and to be more open to communicate a. Lack of Information
with the other side) b. Misinformation
• ADR law, sec 9 — party may refuse to disclose or prevent another from disclosing a c. Differing views on data’s relevance
mediation communication; information not subject to discovery and inadmissible in d. Different Interpretation of data
evidence in other proceedings 3. Interest Conflicts
• CAM JDR rules - no record of proceedings, no transcript, may take personal notes a. Perceived of actual competition over interest
but paper should be shredded. In JDR, JDR judge should not pass info obtained from b. Procedural Interest
JDR to the trial judge; this includes court personnel present during JDR c. Psychological interest
• ARBITRATION — protective orders to prevent or prohibit disclosure containing secret 4. Structural Conflicts
processes, research, info that may prejudice a party by the disclosure a. Unequal authority
• Exceptions: b. Unequal control of resources
c. Time constraints
o when law requires a disclosure

5. Value Conflicts
o where there is evidence of serious risk to self or others; threat or
a. Different ways of Life, Ideology, worldview
statement of a plan to inflict injury/commit crime

b. Different criteria for evaluating ideas
o when there is a waiver, in a record, orally during a mediation proceeding

o agreement evidenced by a record authenticated by parties to the
agreement

o available to the public, or required to be open/public


Audience of One
 b. Develop integrative solutions
c. Search for ways to expand options
2. Focus on distributing the pie
a. Bargain in a win/lose or compromise-seeking fashion

RA 9285 An Act to Institutionalize the Use of An Alternative Dispute Resolution System in

the Philippines and to Establish the Office for Alternative Dispute Resolution and for Other
Purposes

Alternative Dispute Resolution System - means any process or procedure used to resolve a
dispute or controversy, other than by adjudication of a presiding judge of a court or an officer
of a government agency, as defined in this Act, in which a neutral third party participates to
assist in the resolution of issues, which includes arbitration, mediation, conciliation, early
How to Manage Conflicts (based on every driver)
neutral evaluation, mini-trial, or any combination thereof; (Sec. 3 a.)
Data Conflicts
• Bring the parties together to explain, challenge and correct erroneous data. Forms of ADR
• Surface assumptions about the parties’ assessment of data 1. Mediation
• Reach agreement on what data are important Agree on joint process to collect data 2. Arbitration

Develop common criteria to assess data
Use third-party expert a. International Commercial
b. Domestic
Relationship Conflicts 3. Construction Disputes
• Use both Effective Communication and Non-Verbal Communication 4. Other Forms of ADR
Early neutral evaluation

• Control expressions of emotion through procedures and ground rules a. Mini-Trial

• Promote expression of emotions by legitimizing feelings b. Mediation-Arbitration

• Improve communication c. Combination of ADR Forms
• Block negative, repetitive behavior by changing structure
Not Included in the Coverage (Exceptions)
Value Conflicts 1. Labor disputes

• Have the parties share information about their values 2. Civil status of persons

• Do not define the problem in terms of value 3. Validity of marriage

• Allow parties to agree to disagree on some matters 4. Any ground for legal separation

• Search for super-ordinate goal shared by all parties 5. Jurisdiction of the courts
6. Future legitime
Criminal liability

Structural conflicts
7. Those which by law cannot be compromised
• Be sure to define and clarify roles
• Modify external pressures MEDIATION
• Reallocate control of resources
• Change time constraints Mediation - a voluntary process in which a mediator, selected by the disputing parties,
• Negotiate a ratification process if authority at the table is a problem facilitates communication and negotiation, and assist the parties in reaching a voluntary
• Negotiate who needs to be present to effectively resolve the issue agreement regarding a dispute.

Interest Conflicts Role of the Courts

• all parties must have a significant number of their interests of all types addressed • As a depositary of mediated settlement agreement (Court annexed)
• Negotiate by: o If the parties so desire, they may deposit such settlement agreement with
1. Focus on integration – the appropriate Clerk of Court of a Regional Trial Court of the place where
a. Focus on interests not positions one of the parties resides
Audience of One
 • In the enforcement of mediated settlement agreement • One of the following places is situated outside the state in which the parties have
o Where there is a need to enforce the settlement agreement, a petition their place of business
may be filed by any of the parties with the same court, in which case, the • The parties have expressly agreed that the subject matter of the arbitration
court shall proceed summarily to hear the petition in accordance with the agreement relates to more than one country.
rules of procedure as may be promulgated by the Supreme Court *Note: If one party has more than one place of business, the place of business is that which
has closest relationship to the arbitration agreement; If a party does not have a place of
SC Special ADR Rules on Deposit of Mediated Settlement Agreement (outside court nag business, reference is to be made to his habitual residence. 

mediate)
• Any party to a mediation that is NOT court-annexed may deposit with the court, at ARBITRATION OF CONSTRUCTION DISPUTES - Construction disputes that fall within the
any ay time after an agreement is reached, the written settlement which resulted original and exclusive jurisdiction of the CIAC (Construction Industry Arbitration Commission)
from the mediation • has jurisdiction over construction disputes although the arbitration is “commercial”
• With the Clerk of Court of the RTC: • includes parties bound to an arbitration agreement whose parties are project owner,
o Where the principal place of business in the Philippines of any of the contractor, subcontractor, quantity surveyor, bondsmen or issuer of an insurance
parties is located; policy in a construction project 

o If any of the parties is an individual, where any of those individuals resides;
or In the national capital judicial region. ROLE OF COURTS
• Clerk of Court of each RTC shall keep a Registry Book of such deposits • Referral to Arbitration - A court before which an action is brought in a matter which
• ENFORCEMENT: Any of the parties to a mediated settlement agreement, which was is the subject matter of an arbitration agreement shall, if at least one party so
deposited with the Clerk of Court of the RTC, may, upon breach thereof, file a verified requests not later than the pre-trial conference, or upon request of both parties
petition with the same court to enforce said agreement thereafter, refer the parties to arbitration. Unless it finds that the arbitration
o The adverse party may file an opposition, within 15 days from receipt of agreement is null and void, inoperative or incapable of being performed
notice of service of the petition • Interpretation - the court shall have due regard to the policy of the law in favor of
o Summary hearing arbitration.
§ if valid enforce • Court to Dismiss Case Involving a Construction Dispute
§ If no merit, dismiss the petition • Grant of Interim Protection Measures - provisional reliefs
o To prevent irreparable loss or injury
ARBITRATION o To provide security for the performance of an obligation
o To produce or preserve evidence
Arbitration - a voluntary dispute resolution process in which one or more arbitrators, o To compel any other appropriate act or omission
appointed in accordance with the agreement of the parties, or rules promulgated pursuant to • Confirmation of Award - Enforced in the same manner as final and executory
this Act, resolve a dispute by rendering an award; decisions of the RTC
• Judicial Review of Arbitral Awards
AD HOC
• by an arbitrator and/or party themselves Role of Lawyers in ADR
• by an institution that is not a permanent or regular arbitration institute in the 1. Lawyers as Legal Experts - Technical or substantive legal experts in ADR or
Philippines Amicus curiae in finalising the consent decree
Institutional 2. Lawyers as Counsels of Parties in ADR
• by an entity, duly registered as a domestic corporation in the SEC, and engaged in, a. View disputes as problem-solving opportunities
among others, the arbitration of disputes in the Philippines on a regular or b. Drop combative role in adjudication and become collaborators with other
permanent basis. (ADR Act IRR) counsels (and parties)
c. Assume a less directive role to allow the parties more opportunities to
COMMERCIAL ARBITRATION - If it covers matters arising from all relationships of a craft their own agreement, and become more of an advisor or consultant
commercial nature, whether contractual or not. (support)
d. Assist the mediator/non-legal 3rd party neutral in writing the compromise
agreement
INTERNATIONAL ARBITRATION: an arbitration where -
• The parties to an arbitration have, at the time of the conclusion of the agreement,
their places of business in different states; or
Audience of One
 3. Lawyers as Facilitators, Mediators, Arbitrators, Problem-Solvers, and • When parties agree to submit the case to ADR, the use of either DOMESTIC or
Consensus-Builders - Standards governing impartiality, competence, conflict of INTERNATIONAL ADR mechanisms shall be highly encouraged, giving the parties
interest, and promptness in ADR complete freedom to choose which venue shall govern their dispute, as well as the
a. Assumes a more facilitative role by focusing on the ADR process and rules or procedures to be followed in resolving the same.
ensuring the parties’ engagement in the process
b. Assures that parties make decisions based upon sufficient information and Rules on Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR)
knowledge
c. Suspend/terminate ADR process when continuation would harm one or 3 Stages of Court Diversion
more of the parties 1. Court-Annexed Mediation (CAM)
a. mediation
Revised Rules on Mediation in the National Prosecution Service (NPS) 2. Judicial Dispute Resolution (JDR)

a. mediation, conciliation, and early neutral evaluation
Coverage 3. Appellate Court Mediation (ACM)
1. civil aspect of all criminal complaints for Simple Theft, Qualified Theft, Estafa, a. mediation
and Criminal Negligence resulting in damage to property (RPC), and violations
of BP 22 involving amount: Objectives of Court Diversion to CAM and JDR
a. NOT exceeding P200,000 (Referred to Mandatory Mediation)
1. To put an end to pending litigation through a compromise agreement of the parties;
b. Exceeding P200,000 (Voluntary Mediation)
2. To help solve the problem of court docket congestion; and
3. To empower the parties to resolve their own disputes and give practical effect to
Important Provisions
ADR Act of 2004
• SUSPENSION and RESUMPTION OF PRELIMINARY INVESTIGATION upon referral of
complaint to a mandatory mediation or signing by parties of Agreement to Mediate
• Outcome -
o If Successful:
§ provisional dismissal of the complaint or permanent if no motion
to revive the complaint has been filed after the lapse of 15
calendar days from date of non-compliance OR violation of any
of the terms and conditions of the Settlement Agreement
o If Failed:
§ Mandatory: mediator shall officially return complaint not later
than the following working day to the Records/ Administrator
Officer, who shall transmit the same to the Head of Office
§ Voluntary: Head of Office shall assign the complaint to a new
investigating prosecutor who shall proceed with its PI

ADR in Public-Private Partnerships (PPPs)

• covers contractual arrangements between the government and private sector

• All contracts involving PPP projects and/or those entered into under RA 6957, as
amended, as well as JVAs between government and private entities issued by NEDA
under EO 423 (2005), SHALL INCLUDE provisions on the use of ADR mechanisms, at
the option and upon the agreement of the parties to said contracts.
• All parties who enter into similar contracts with LGUs are encouraged to stipulate on
the use of ADR mechanisms, in accordance with their own JV rules, guidelines or
procedures.

Audience of One
 Court Annexed Mediation v. Judicial Dispute Resolution
CAM JDR

Coverage 1. All civil cases, except those which by law cannot be compromised Only if the judge of the court to which the case was originally raffled is convinced that
2. Special proceedings for the settlement of estates settlement is still possible, the case may be referred to another court for JDR.
3. All civil cases filed with a certificate to file action issued by the
Punong Barangay or the Pangkat ng Tagapagkasundo under the
Revised Katarungang Pambarangay Law

XPN:
1. civil status of persons
validity of a marriage or legal separation
any ground for legal separation
future support
jurisdiction of
courts
future legitime
2. Habeas corpus petitions
3. Cases with pending applications for Restraining Orders/
Preliminary Injunctions

Time of Referral After pre-trial and, after issues are joined, the court shall refer the parties Generally if Mediation fails
for mandatory court-annexed mediation
Cases may be referred to JDR even during trial stage
• upon written motion of one or both parties
• if granted, trial suspended and cases referred to JDR

Selector of Mediator/ JD • the parties shall proceed to select a mutually acceptable

Judge mediator from among the list of accredited mediators
• if no agreement is reached, PMC unit staff shall, in the presence
of the parties and mediators, choose by lot the mediator from
among those inside the unit
• Exception: where special qualifications are required of the
mediator, parties shall be given opportunity to select from entire
list

Role 1. Facilitators (conflict managers, process experts) 1. As mediator and conciliator facilitates the settlement discussions between the
2. Effective communicators – (a.) Explain to parties the mediation parties and tries to reconcile their differences
process, the benefits of an early settlement of disputes based on
serving mutual interests, rather than legal positions. (b.) Help 2. As a neutral evaluator assesses the relative strengths and weaknesses of each
determine parties’ real interests in the disputes. (c.) Help party’s case
consider various options that may resolve the dispute through 3. makes a non-binding and impartial evaluation of the chances of each party’s
reciprocal concessions and on mutually beneficial terms success in the case and persuades the parties to a fair and mutually acceptable
3. Officers of the court while performing their duties as such or in settlement of there dispute
connection therewith
4. If no settlement is reached at the end of period given, they must
return the case to the referring judge
Duration Shall not exceed 30 calendar days without further extension within a NON-EXTENDIBLE period of 15 calendar days from notice of failure of CAM

Sanctions The court The JDR judge upon motion of appearing party or motu proprio
• upon recommendation of the mediator
• upon own initiative of the referring judge May impose sanctions

• upon motion of the interested party • upon a party who fails to appear on the date set for JDR conference
• upon a representative who appears on behalf of an individual or corporate
May impose sanctions upon a party who party without the required authorization by SPA or board resolution,
• fails to appear before the PMC unit as directed respectively
• engages in abusive conduct during mediation
Sanctions include but not limited tothose provided under Rule 18, Revised ROC and
Sanctions include relevant SC issuances
• censure, reprimand, contempt
requiring absent party to • censure, reprimand, contempt
requiring party to reimburse the appearing
reimburse the appearing party his costs - including attorney’s party his costs - including attorney’s fees for that day up to treble such costs,
fees for up to treble such costs or payable on or before the date payable on or before the date of re- scheduled setting
of re-scheduled setting

Outcome 1. If full settlement is reached (Successful Mediation) 1. If full settlement is reached (successful JDR)
the parties, assisted by their counsels, shall draft a Compromise Agreement parties, assisted by their counsels, shall draft a compromise agreement which shall be
which shall be submitted to the court for Judgment upon Compromise or submitted to the court. The court shall issue a judgment/decision approving the
other appropriate action compromise agreement, enforceable by execution with a statement to the effect that
*Note: Where compliance is forthwith made the parties shall instead the judgment/decision was achieved through JDR. The copies of these
submit a Satisfaction of Claims or a Mutual Withdrawal of the case judgments/decisions shall be submitted to PMC unit for documentation
*Note: Where full compliance with the terms of the compromise is forthwith made
2. If partial settlement is reached (Partial Success) parties shall instead submit a satisfaction of claims or a mutual withdrawal of the parties’
the parties, assisted by their counsels, shall submit the terms thereof claims and counterclaims court shall enter an order dismissing the case
(Partial Compromise Agreement) without waiting for the resolution of the
unsettled part. In respect of the unsettled part, the court shall proceed to 2. If partial settlement is reached (Partially Successful JDR)
conduct JDR proceedings parties shall, with assistance of counsels, submit its terms for the court’s approval and
rendition of judgment upon partial compromise, which may be enforced by execution
3. If no settlement is reached (Failure of Mediation) without waiting for resolution of the unsettled part. On the unsettled part, proceed to
the parties and their counsels shall appear at the pre-set date before the trial on the merits
JDR judge (who MAY now refer the case to another judge for JDR) JDR judge
conducts JDR process as mediator, conciliator, and/or neutral evaluator. 3. If JDR fails
Trial before the original court shall proceed on the dates agreed upon
 CAM in Criminal Cases (Civil Aspects)
Coverage Crimes where payment may prevent criminal prosecution or may extinguish criminal liability, SUCH AS violations of:
a. BP 22
b. SSS Law (RA 1161, as amended by RA 8282)
c. PAG-IBIG Law

Crimes against property under Title 10 of the RPC, where the obligation may be civil in nature, such as:
a. Theft, Art. 308, cognizable by the 1st level courts
b. Estafa, Art. 315 (1), EXCEPT estafa Art. 315(2) and (3)
c. Other forms of swindling, Art. 316
d. Swindling of a minor, Art. 317
e. Other deceits, Art. 318
f. Malicious mischief, Art. 327

Crimes against honor under Title 13 of the RPC, where the liability may be civil in nature, such as:
a. Libel by means of writings or similar means, Art. 355
b. Threatening to publish and offer such publication for a compensation, Art. 356
c. Prohibited publication of acts referred to in the course of official proceedings, Art. 357
d. Grave Slander (Grave Oral Defamation) - of serious and insulting nature, Art. 358 (par. 1)
e. Simple Slander (Oral Defamation) - not of a serious and insulting nature, Art. 358 (par. 2)
f. Grave Slander by Deed - of serious and insulting nature, Art. 359 (par. 1)
g. Simple Slander by Deed - not of a serious and insulting nature, Art. 359 (par. 2) h.
Incriminating innocent persons, Art. 363
i. Intriguing against honor, Art. 364

Libel under RA 10175 (Cybercrime Prevention Act), where the liability may be civil in nature
Criminal negligence under Title 14, RPC, where the liability may be civil in nature
Intellectual property cases, where the liability may be civil in nature

XPN:
Except those cases mentioned above (1-6), criminal cases subject to the Rules on Summary Procedure shall not be referred to mediation.
Time of Referral • Unless a settlement is reached earlier in the pre-trial/ pre-conference
• Only after the conduct of the arraignment and pre-trial/ preliminary conference
• The Court shall serve the Order of Referral immediately after the arraignment and pre-trial/preliminary conference

Duration Shall be terminated within a NON-EXTENDIBLE period of 30 calendar days from the date of referral by the court to the PMC unit.
After the lapse of the mediation period or if mediation fails, trial shall proceed implication on JDR
Outcomes 1. If settlement is reached on the civil aspect of the criminal case
parties, assisted by their counsels, shall draft the compromise agreement which shall be submitted to the court for appropriate action
action on the criminal aspect of the case will be determined by the public prosecutor, subject to appropriate action of the court

2. If settlement is NOT reached on the civil aspect of the criminal case

proceed to trial
 Common Provisions on CAM and JDR Philippine Mediation Center

Suspension of Periods Organizational Structure

• HILJA Board of Trustees

The period within which the case is undergoing mediation shall be excluded from the regular
o Chief Justice and Senior Associate Justice
and mandatory periods for trial and rendition of judgment in ordinary cases and in cases under
o Presiding Justices of CA, CTA, Sandiganbayan

summary proceedings.
o PHILJA Chancellor, Court Administrator

Party Participation o PJA President, 1st Level Court Representative, PALS President
1. Individual Party Litigants
 • PMC Executive Committee
o PHILJA Chancellor
a. shall personally attend all mediation conferences
b. or through a duly authorized representatives authority in writing o 4 Regular Members

c. stating they are fully empowered to offer, accept, negotiate, and enter into o 4 Ex-Officio Members (PHILJA Exec. Sec., Court Administrator, ADR
a compromise agreement without need of further approval or notification Department Chair, PMC Chief of Office)
to the authorizing parties • PMC Office

2. Corporate Party Litigants
 o Mediation Planning and Research Division
a. must be senior management officials o Mediation Resource Management Division

b. with written authority from the Board of Directors to xxx o Mediation Education, Training and Monitoring Divisions
• PMC Units
Role of Lawyers in CAM/JDR
PMC Powers and Functions
1. May attend as advisers and consultants to clients
1. Develop and promulgate rules and regulations, as it may deem necessary,
2. Drop combative role in the adjudicative process
subject to approval of SC, upon recommendation of the EXECOM and PHILJA
3. Give up dominant role in judicial trials
BOT
4. Assume a less directive role in order to allow the parties more opportunities to craft
2. Implement, in coordination with OCA, SC rules and policies on ADR (CAM, JDR,
their own agreement
ACM, MCAM, etc.)
3. Establish such PMC Units as may be necessary
Specific Roles of Lawyers
4. Provide a system for the recruitment, screening, training and accreditation of
1. Help clients comprehend the CAM/JDR process and its benefits mediators
a. Allow them to assume greater personal responsibility in making decisions 5. Monitor and evaluate the performance of mediators, upgrade their mediation
for the success of CAM/JDR in resolving their dispute skills, and oversee their further development
2. Discuss with clients the ff:
the substantive issues involved in the dispute 6. Provide a grievance mechanism and procedure for addressing complaints
a. prioritization of resolution in terms of importance to client against mediators and PMC unit staff
b. understanding the position of the other side and the underlying fears, 7. Promote and sustain activities of CAM, ACM, JDR, MCAM, and CAA, and other
concerns, and needs underneath the position ADR mechanisms
c. need for more information or facts to be gathered or exchanged with the 8. Call on any government agency, office, instrumentality, commission or council
other side for informed decision-making to render such assistance as may be necessary for the efficient performance of
d. possible bargaining options but stressing the need to be open-minded its functions
about other possibilities 9. Exercise such other functions necessary in furtherance of its mandate
e. the best, worse, and most likely alternatives to a negotiated agreement
3. Assist in preparing a compromise agreement SC-PHILJA-PMC Trust Fund
a. that is not contrary to law, morals, good customs, public order, or public
policy so that the same may be approved by court Collection of Mediation Fees

b. paying particular attention to (a) issues of voluntary compliance of what • by Clerks of Court of RTCs, 1st Level Courts, CA, and CTA
have been agreed upon, and (b) issues of enforcement in case of breach • upon the filing of certain pleadings (e.g., complaint, petition, opposition, notice of
4. Assist, wherever applicable, in the preparation of a manifestation of satisfaction of appeal, etc.)
claims and mutual withdrawal of complaint and counterclaim as basis for the court • P500 - P1,000
to issue an order of dismissal • receipted and separated as part of the Trust Fund

Audience of One
Exemptions
1. pauper litigant, as determined by the court (Sec. 21, Rule 3)
2. accused appellant
3. tenant-farmer, agricultural lessee, or settler, or amortizing owner- cultivator
4. indigent clients of the PAO
5. clients of the IBP National Legal Aid Committee and legal aid committees in local
IBP chapters
6. Republic of the Philippines, its agencies and instrumentalities
a. except LGUs and GOCCs, with or without independent charters
7. court actions instituted at the instance of the provincial, city, or municipal
treasurer or assessor

Purpose and Use

1. establishment of PMC Units
2. training seminars, workshops, internship programs for mediators
3. payment of mediator’s fees, including PMC Unit staff
4. payment of operating expenses, transportation, communication expenses,
photocopying, supplies and equipment
5. advocacy and promotion of ADR

6. expense allowance, whenever necessary

7. other expenses as authorized

Mediation Fee, Mediator’s Fee, Mediation Fund

1. Mediation fee - amount collected from the parties and added to the mediation
fund (Trust Fund)
o not collected for mediation services rendered or to be rendered
o intended as a contribution to promote mediation

2. Mediation fund (Trust Fund) - amount collected as mediation fees from where
disbursements are made for the authorized expenditures
3. Mediator’s fee - the authorized amount paid from the mediation fund (Trust
Fund) for services rendered by a mediator

The fear of the LORD is the beginning of

knowledge, but fools despise wisdom and
instruction.
Proverbs 1:7

Audience of One