4. Cases for Mediation on the Civil Aspect

Cases Subject to Mediation / JDR

• All civil cases
• Settlement of estates
• Cases covered by the Summary Procedure, except:
• Traffic violations
• Violation of municipal or city ordinances
• Cases cognizable by the Lupong Tagapamayapa
• Civil aspect of BP22 (bouncing checks) cases
• Civil aspect of quasi-offenses
• Civil aspect of estafa and libel
• Civil aspect of theft

Procedure

• DURATION
• First Level Court Judges shall have a period of not exceeding thirty (30) days,
• Second Level Court Judges shall have a period of not exceeding sixty (60) days.
• A longer period, however, may be granted upon the discretion of the JDR judge if there is a high probability of settlement and upon joint written motion of the parties
• As far as practicable, JDR conferences shall be set not more than two (2) weeks apart so as to afford the parties ample time to negotiate meaningfully for settlement.
• In criminal cases covered by CAM and JDR, 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 motion of the prosecution, with notice to the private complainant and approval by the judge.
• SETTLEMENT OF CASES
• Criminal Cases

If settlement is reached on the civil aspect of the criminal case, the parties, assisted by their respective 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 the appropriate action of the court.

If settlement is not reached by the parties on the civil aspect of the criminal case, the JDR judge shall proceed to conduct the trial on the merits of the case should the parties file a joint written motion for him to do so, despite confidential information that may have been divulged during the JDR proceedings. Otherwise, the JDR Judge shall turn over the case to a new judge by re-raffle in multiple sala courts or to the originating court in single sala courts, for the conduct of pre-trial proper and trial.

• NO SETTLEMENT REACHED

Where no settlement or only a partial settlement was reached, and there being no joint written motion submitted by the parties, as stated in the last preceding paragraphs, the 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, as mandated by Rules 18 and 118 of the Rules of Court.

• RAFFLE
• Multiple Sala Court — If the case is not resolved during JDR, it shall be raffled to another branch for the pre trial proper 16 up to judgment.

For cases with pending applications for restraining orders/preliminary injunctions, the judge to whom the case was raffled shall rule on the said applications. During the pre-trial stage, the judge refers the case to CAM, but if the parties do not settle at CAM, the case will be raffled to another branch for JDR. If the parties do not settle at JDR, the case will be returned to the branch that ruled on the applications for the pre-trial proper and up to judgment. 17

• Single Sala Court. — Unless otherwise agreed upon as provided below, the JDR proceedings will be conducted by the judge of the pair court, if any, otherwise, by the judge of the nearest court as determined by the concerned Executive Judge. The JDR proceedings shall be conducted at the station where the case was originally filed. The result of the JDR proceedings shall be referred to the court of origin for appropriate action, e.g., approval of the compromise agreement, trial, etc.

Notwithstanding the foregoing, before the commencement of the JDR proceedings, the parties may file a joint written motion requesting that the court of origin conduct the JDR proceedings and trial.

• Family Courts — Unless otherwise agreed upon as provided below, the JDR proceedings in areas where only one court is designated as a family court, shall be conducted by a judge of another branch through raffle. However, if there is another family court in the same area, the family court to whom the case was originally raffled shall conduct JDR proceedings and if no settlement is reached, the other family court shall conduct the pre-trial proper and trial.

Notwithstanding the foregoing, before commencement of the JDR proceedings, the parties may file a joint written motion requesting that the family court to which the case was originally raffled shall conduct the JDR proceedings and trial.

Despite the non-mediatable nature of the principal case, like annulment of marriage, other issues such as custody of children, support, visitation, property relations and guardianship, may be referred to CAM and JDR to limit the issues for trial.

• Commercial, Intellectual Property, and Environmental Courts — Unless otherwise agreed upon as provided below, the JDR proceedings in areas where only one court is designated as commercial/intellectual property/environmental court, hereafter referred to as special court, shall be conducted by another judge through raffle and not by the judge of the special court.

Where settlement is not reached, the judge of the special court shall be the trial judge. Any incident or motion filed before the pretrial stage shall be dealt with by the special court that shall refer the case to CAM.

Notwithstanding the foregoing, before commencement of the JDR proceedings, the parties may file a joint written motion requesting that the special courts to which the case was originally raffled shall conduct the JDR proceedings and trial.