Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Civil Procedure › Pre-trial (Rule 18; AM 03-1-09-SC)

2. Judicial Dispute Resolution

Timeline for mediation

First level courts: 30 days

Second level courts: 60 days

The JDR judge may talk to the parties, jointly or separately, w/o their lawyers.

The JDR judge could facilitate the creation of options that would provide solutions to the dispute.

If there is NO settlement or PARTIAL settlement reached:

JDR judge shall turn over the case to the trial judge, determined by re-raffle in multiple sala courts or to the originating court in single sala courts, as the case may be, to conduct pre-trial proper (XII, A.M. No. 11-1-6-SC-PHILJA)

Note that judicial affidavit shall be submitted 5 days prior the pre-trial.

If Settlement is reached in JDR

  • Drafting of compromise agreement w/ the assistance of their lawyers
  • Prior to the signing, the JDR judge may opt to explain the contents of the agreement.
  • Signing of the compromise agreements and the filing of a joint motion to approve the compromise.
  • Judge renders a judgment based on compromise.
  • Copy of the judgment is sent to the Phil. Mediation Center for statistical purposes.

Order Pre-setting the Case for JDR

The pre-setting of the case for JDR shall not be earlier than forty-five (45) days from the time the parties first personally appear at the PMCU so that JDR will be conducted immediately if the parties do not settle at CAM.

Authorities

  • Re: [Bot Resolution No. 14-1] Approval of the Membership of the Philja Corps of Professors for A…, A.M. No. 14-02-01-, 2 May 2022