1. Court-Annexed Mediation (See also AM 24-02-06-SC)

REFERAL OF SOME CASES FOR COURT ANNEXED MEDIATION (CAM) AND JUDICIAL DISPUTE RESOLUTION (JDR)

CAM is a mediation presided over by an accredited mediator.

JDR is a mediation presided over by the judge.

Cases which cannot be referred to CAM and JDR

• Civil cases which by law cannot be compromised (Article 2035, New Civil Code);
• Other criminal cases not covered under paragraphs 3 to 6 above;
• Habeas Corpus petitions;
• All cases under Republic Act No. 9262 (Violence against Women and Children); and
• Cases with pending application for Restraining Orders/Preliminary Injunctions

However, in cases covered under 1, 4 and 5 where the parties inform the court that they have agreed to undergo mediation on some aspects thereof, e.g.,custody of minor children, separation of property, or support pendente lite, the court shall refer them to mediation (Sec. 3).

Procedure for CAM

• ORDER FOR MEDIATION

After the last pleading has been filed, the judge shall issue an order requiring the parties to forthwith appear before the concerned Philippine Mediation Center (PMC) Unit staff to start the process for the settlement of their dispute through mediation

• PERSONAL APPEARANCE
• Natural Persons – they are required to personally appear, unless they execute an SPA in favor of his or her representative
• Juridical Entities - represented by a ranking corporate officer fully authorized by a Board Resolution
• MEDIATION PROPER

The Mediator shall have a period of not exceeding thirty (30) days to complete the mediation process. Such period shall be computed from the date when the parties first appeared for the initial conference as stated in the Order to appear. An extended period of another thirty (30) days may be granted by the court, upon motion filed by the Mediator, with the conformity of the parties.

• IF NO SETTLEMENT REACHED

The case must be returned to the referring judge.

• IF SETTLEMENT IS REACHED

The parties, assisted by their respective counsels, shall draft the compromise agreement which shall be submitted to the court for judgment upon compromise or other appropriate action. Where compliance is forthwith made, the parties shall instead submit a satisfaction of claims or a mutual withdrawal of the case and, thereafter, the court shall enter an order dismissing the case.

If partial settlement is reached, the parties shall, with the assistance of counsel, submit the terms thereof for the appropriate action of the court, without waiting for resolution of the unsettled part.

In relation to the unsettled part of the dispute, the court shall proceed to conduct JDR proceedings in accordance with PART THREE hereof where JDR is available.

Arraignment and Preliminary Conference of Mediatable Cases subject to the Rule on Summary Procedure

The arraignment and preliminary conference shall be simultaneously held, and all the matters required under Sec. 14 of the Rule on Summary Procedure shall be taken up in the Preliminary Conference.

• If the accused pleads guilty to the crime charged, the above rule for “Plea of Guilty to the Crime Charged in the Information” will be followed
• If the accused pleads guilty to a lesser offense, the above rule for “Plea Bargaining except in Drug Cases” will be followed
• If the accused does not enter a plea of guilty, arraignment and preliminary conference will immediately proceed, and the case will be referred to mediation

Court-Annexed Mediation and Judicial Dispute Resolution

Any and all matters discussed, or communications made, including requests for mediation, and documents presented during CAM or JDR proceedings, shall be privileged and confidential.

If personal notes are taken for guidance, the notes shall be destroyed. Should such records exist, the same shall also be privileged and confidential.

All privileged and confidential information obtained in CAM or JDR shall be inadmissible as evidence for any purpose in any other proceedings.

However, evidence or information that is otherwise admissible does not become inadmissible solely by reason of its use in CAM or JDR (Guidelines for the Conduct of CAM and JDR in Civil Cases, A.M. No. 19-10-SC, Part D, Sec. 7).