FREQUENTLY ASKED QUESTIONSWhat is the step-by-step procedure for mediation?Upon the filing of certain pleadings, the P500.00 mediation fee will be collected bythe Clerk of Court. After your case is determined to be mediatable, the BranchClerk of Court will issue a Notice of Order of Pre-Trial. Both parties and theircounsel will be required to appear before the judge. The court will order you bothto the Philippine Mediation Center (PMC) Unit for an orientation on mediation.The Daily Supervisor (DS) of the unit will explain the mediation process. Themediation proceedings are cheduled at your earliest convenience, usually withinfive to seven working days.The DS then presents a list of accredited mediators for both parties to chooseand agree on. If you can not select one, the DS will assign the mediator to yourcase and will notify the mediator through a Notice of Mediation validated by thejudge. This makes the mediator an Officer of the Court.The mediation session then proceeds on the scheduled date in an open andinformal setting to encourage ommunication. You will have 30 days for theproceedings, extendible to another 30 days.As a litigant, how do I prepare for mediation?Consult your lawyer for a thorough briefing on mediation and how it will affectyour case. Have all the necessary documents regarding your case at hand. Beready to confront possibly deep-seated issues at the heart of the dispute.Is there a neutral venue for mediation? Where do mediation sessions take place?Mediation sessions are held in private rooms in the PMC unit of the trial court.The sessions can not take place in private offices like the law office of themediator.If one of the parties is not available due to health reasons, for example, properauthorization has to be made.How long should each of these sessions last?An individual mediation session can last from one hour to three hours on theaverage.How many people are allowed in a mediation session?As a litigant, you can be accompanied by as many people you feel will help you inthe mediation proceedings. However, considering space limitations, you mightconsider bringing only your lawyer and perhaps one other companion.Is there an official language for a mediation session?There is no official language for mediation proceedings. The disputing parties andthe mediator can use their native language provided that everyone canunderstand each other.What will happen when both parties can not seem to agree?When a settlement can not be reached through court-annexed mediation, thecase is referred back to the pre-trial judge. This begins the JDR process. If thisstill fails, the case is moved to another judge for trial.What will happen if the other party does not comply with the agreement reached?You must inform the court that approved the compromise agreement immediatelyfor them to issue an order to comply. Sanctions will be imposed for noncompliance.The aggrieved party may also apply for a writ of execution.What do I do if the mediation proceedings are leaked to the press?Since mediation proceedings are confidential, violations made by either party oreven the mediator will be sanctioned.Where can I learn more about mediation?Your lawyer may be one of your best resources on mediation. The Philippine Mediation Center may have additional information. Mediation is a global experience and can also be researched extensively on the web.

FREQUENTLY ASKED QUESTIONSWhat is mediation?Mediation is a process of settling disputes with the assistance of an acceptable,impartial and neutral third party called a mediator. The mediator helps partiesidentify issues and develop proposals to resolve their disputes. Once the partieshave arrived at a mutually acceptable arrangement, the agreement becomes thebasis for the courts decision on the case.This form of mediation is also known as court-annexed mediation since the casehas already been filed in court.What is Judicial Dispute Resolution?Judicial Dispute Resolution (JDR) is another innovation in the Philippine courtsystem. When court-annexed mediation fails, the case is brought to the judgewho then acts as a conciliator, a neutral evaluator and a mediator. The judge willtry to mediate the case. If the judges intervention as a mediator succeeds, thecase is concluded with a judgment based on a compromise. If the dispute is stillunresolved, then the case is referred to another judge for trial. Both parties mustnow be prepared for litigation.What cases are covered by mediation?1. All civil cases, settlement of estates and cases covered by the Rule onSummary Procedure. Typical cases would be collection of debts, ejectmentof tenants in apartment dwellings, and inheritance disputes among familymembers.2. Cases cognizable by the Lupong Tagapamayapa under the KatarungangPambarangay Law such as disputes between neighbors of the samebarangay over property.3. The civil aspect of Batas Pambansa 22, which covers the debts paidthrough bouncing checks.4. The civil aspect of quasi-offenses under negligence like motor vehicleaccidents that has damaged the vehicle or injured passengers orpedestrians.What cases are excluded from mediation?Cases which cannot be compromised are not included, like legal separation orannulment of marriage.Can I or the other party refuse mediation?No. Once the court determines that your case is mediatable, the parties arecompelled to appear before the Philippine Mediation Center (PMC) unit. If thecomplainant fails to appear for mediation, the case may be dismissed. If thedefendant is absent, the complainant may be allowed to present their side incourt without you. The court will then decide the case on the basis of what waspresented.How will I benefit mediation?Mediation has been proven to be a faster and certainly less expensive option forsettling disputes. Settlements have occurred in as little as one or two mediationsessions.Mediation also provides for a fair resolution of your case. By jointly resolving thedispute, both parties can come up as winners. But best of all, mediation has beenproven to restore relationships long disrupted by conflict. The process ofmediation tackles the roots of misunderstanding to help parties resolve theirdifferences.Where did this idea come from?Mediation is rooted in our historical experience, in the time when disputing partieswould bring their conflict to the village elder for settlement. As a system,mediation can be found in many indigenous cultures.Does mediation replace the barangay system of justice?No. Court-annexed mediation actually complements the Barangay Justice System(Katarungang Pambarangay), probably the most familiar mode of mediation inthe country, in bringing a speedy and fair resolution to disputes. In this system, the barangay leaders act as mediators between disputing parties within theirconstituency. The Barangay Justice System attempts to prevent the case fromeven going to court. Court-annexed mediation begins when there is a failure tomediate in the barangay level resulting in the filing of the dispute in court.Mediation attempts to resolve the dispute without going into adversarialproceedings. Courts will actually dismiss certain cases which have not passedthrough the Katarungang Pambarangay.How effective is mediation?In the pilot project on mediation conducted by the Philippine Judicial Academy(PHILJA), 85% of cases referred for mediation reached settlement. Surveysconducted after mediation also revealed a high level of satisfaction amongdisputing parties in the outcome of their case. Close to 100% of the partiesinvolved complied with the agreement reached in mediation.How long will mediation take?Parties are given 30 days for mediation sessions. The period may be extended toanother 30 days to allow you to reach a compromise agreement.How much will it cost me?A mediation fee of P500.00 is collected by the Clerk of Court upon the filing ofcertain pleadings in court. This fee will accrue to the Mediation Fund for thetraining of mediators, payment of mediators fees and other operating expensesof the Philippine Mediation Center (PMC). The fee will be collected upon the filingof the following pleadings:IN CIVIL CASES:1. Complaint2. Answer with a mediatable counterclaimIN CRIMINAL CASES:1. Complaint/information for an offense falling under the KatarungangPambarangay Law2. Complaint/information for violation of Batas Pambansa 22, estafa and libelwhere damages are sought3. Complaint/information for quasioffenses falling under Title 14 of theRevised Penal Code.What happens when I cant afford mediation?You can ask your lawyer to allow you to avail of court services as a pauperlitigant. If the court approves, then mediation is free.How is the confidentiality and privacy of my case guarded in mediation?Sessions are strictly private and confidential. This is to encourage the neededopenness and spontaneity for effective communication in mediation. Themediator can not record the proceedings in any manner other than taking down afew personal notes for guidance. Even the trial court is not furnished these notes.Any information from a mediation session is in fact inadmissible in court.Mediators can not be subpoenaed to reveal what happened during these sessionseither. All documents submitted by the parties will be returned to them aftermediation.

FREQUENTLY ASKED QUESTIONSWhat does a mediator do?During mediation proceedings, the mediator will have to monitor and analyzewhat is happening, set the order of discussion and keep track of time, distinguishthe real issues behind the conflict, manage the interaction and facilitatecommunication. He or she must be able to patiently hear both sides of the storywithout judgment and help each side understand the others perspective. Themediator will then be able to offer positive suggestions or options that will helpresolve the problem.Who can be a mediator? What are their qualifications?To become a mediator, one must be at least 30 years of age with a bachelorsdegree. Proficiency in oral and written communication in English and Filipino isalso required.The prospective mediator must also possess a good moral character andwillingness to learn new skills and be of service to the public.How are they accredited?Qualified applicants must complete mediation seminar-workshops and pass awritten exercise to test their proficiency in oral and written communication fromthe Philippine Judicial Academy (PHILJA).PHILJA can also request mediation training services from other organizations orindividuals. Each applicant must be certified to have finished the training andevaluated on their overall performance. On the basis of the report, PHILJA willsubmit a list of recommended mediators for accreditation to the Court. Ifapproved by the Court, the accreditation is effective for two years.I want to be a mediator myself. What do I do?The prospective mediator must submit the followingto PHILJA:curriculum vitae with 2x2 photocollege school records;National Bureau of Investigation/police clearance;certificates of good moral character from two persons not related to theapplicant.PHILJA will then administer a written comprehension exam and interview andevaluate each applicant. Qualified applicants are then scheduled for training.PHILJA is located at the third floor of the Supreme Court of the PhilippinesCentennial Building, Padre Faura, Manila. For provincial applicants, applicationsmay be filed with the Executive Judge of the Regional Trial Court.How will I choose a mediator?Cases for mediation are referred to the Philippine Mediation Center (PMC) unitlocated in the courthouse or near the premises of the trial court. The DailySupervisor (DS) of the PMC unit will present a list of accredited mediators. If youcan not agree on a mediator, the DS will assign one and notify the trial courtwhich will then confirm the appointment of this chosen mediator.Is a mediator allowed to discuss my case with outsiders?No. However, the mediator may ask for assistance from another accreditedmediator, only upon the disputing parties permission. The name of thecomediator must also be submitted to the trial court for confirmation.What should I expect from my lawyer during mediation?Your lawyer remains a valuable counsel and partner in mediation proceedings.They can attend mediation sessions with you. They will be expected to providelegal assistance to you and the mediator in drafting the necessary papers. Yourlawyer must help you fully understand and appreciate the rules and process ofmediation. Ask them to explain the difference of litigation from mediation, theadvantages of the procedure, possible bargaining options, your role in theprocess and likely alternatives to a negotiated agreement.Your lawyer may take a little less active role in a mediation session than in acourtroom. In mediation, you will take responsibility for making decisions.But when matters in the discussion put you at a disadvantage and if the mediatordoes not seem to be doing enough to settle the imbalance, you will want yourlawyer to participate more actively. When necessary, your lawyer may even calla recess to give you advice or suggestions in private.Lawyers in mediation will also assist the mediator in putting into writing the termsof the compromise agreement or a withdrawal of the complaint or a satisfactionof claim so that it may be approved by the trial court for judgment.What is the judges role in mediation?The pre-trial judge will rule on the compromise agreement you reached throughmediation. If court-annexed mediation fails in your case, the pretrial judge takeson the role of conciliator, neutral evaluator and mediator.The judge will sit down with counsel and their parties to hear a summary of thecase and will attempt to conciliate the differences between the parties. As aneutral evaluator, the judge will be free to express his or her views on thechances of each party in the case. At this point, if the parties agree to reconsiderand undergo mediation, the judge will facilitate the settlement as a mediator.If the parties still refuse mediation, however, the judge will then issue an orderreferring the case to another judge. The order will specify that both courtannexedmediation and JDR have failed.Im not very good at confrontations or talking about my case. What if I cant expressmyself? Can someone else speak on my behalf?While individual parties are encouraged to personally appear in mediationproceedings, you can still authorize a representative to speak for you, whetherits your spouse, sibling, doctor, friend, daughter, son or lawyer. But they mustbe fully authorized to appear, negotiate and enter into a compromise by a SpecialPower of Attorney.My case involves children. Do they have to attend mediation sessions?Children are not required to attend the mediation sessions, because theynormally are represented by their parents. However, if the resolution of the casewould require a consultation with minor children, then they may be allowed in themediation session.Can mediation take place even if there are instances of wife beating and other forms ofdomestic violence?You have to inform the mediator immediately if there are such incidents ofdomestic violence in your case. In these instances, the case has to be sent backto court for trial, due to the disadvantage of the woman in such a relationship.Can a corporation just send their lawyer to the mediation?A corporation, through a board resolution, must fully authorize theirrepresentative to appear, negotiate and enter into a compromise.Can one complain against their mediator if he or she does not seem to be doing a goodjob?You can report the incident to the PMC coordinator or file a complaint against amediator to a threemember Grievance Committee, composed of a member of thePHILJA ADR Subcommittee, a Supervisor and a Mediator; and appointed by thePHILJA Chancellor.During the investigation, the mediator concerned may be placed in preventivesuspension. The Supreme Court has the discretion to impose additional andappropriate penalties against the erring mediator depending on the severity ofthe action.MEDIATION IN THE COURT OF APPEALSWhat is Appellate Court Mediation?Mediation is the process of resolving disputes with the help of a neutral thirdparty (mediator) to reach a settlement that is mutually acceptable to all parties.Appellate Court Mediation (ACM) is a mediation program in the Court of Appeals(CA), corollary to Court-Annexed Mediation in the lower courts. It provides aconciliatory approach in conflict resolution. Through ACM, the CA promotes aparadigm shift in resolving disputes from a rights-based (judicial) to an interestbased(mediation) process.How is Appellate Court Mediation different from Court-Annexed Mediation or JudicialDispute Resolution?In Court-Annexed Mediation, a case eligible for mediation at a First Level Courtor Regional Trial Court during the pre-trial stage is referred by the presidingjudge to the Philippine Mediation Center (PMC) Unit for mediation. Mediation issuccessful if the parties enter into a Compromise Agreement, and the judgerenders a decision based on this agreement. If it fails or the parties refuse toundergo mediation, the case goes back to court for trial.In Judicial Dispute Resolution under the JURIS Project, the mediation process isalso in the lower courts and mediation is conducted just like in Court- AnnexedMediation. If mediation fails or the parties refuse mediation, the case goes backto the judge who does not yet try the case. The judge, acting sequentially asConciliator, Neutral Evaluator and Mediator or a combination of the three,attempts to convince the parties to settle their case amicably. If the parties stillrefuse to settle, the case goes back to court for trial.In Appellate Court Mediation, the case has been tried and judgment has beenrendered at the lower courts but has been appealed to the Court of Appeals (CA).Thus, Party A already won the case in the lower courts but Party B appealed thedecision to the CA.What are the benefits of Appellate Court Mediation?For the judiciary, Appellate Court Mediation, as part of the Supreme CourtsAction Program for Judicial Reform (APJR), aims to reduce the congestion of courtdockets. A review of pre-ACM court statistics shows that although the disposalrate is high at 98.5 percent, the number of cases added to the backlog grows atan annual rate of 58 percent. Mediation offers a promising solution to lesseningthis backlog.For litigants, after mediation has failed in the lower courts, Appellate CourtMediation provides an added option to put an end to costly and long-drawnlitigation. Since mediation is a non-adversarial approach to resolving a case incourt, it facilitates the interest-based settlement of the dispute through proposalscoming from the parties themselves or suggested by the mediator and acceptedby the parties.Mediation helps litigants settle their dispute and rebuild their relationship. It is awin-win solution for both parties.When and how did implementation of ACM start?The Supreme Court authorized the Philippine Judicial Academy (PHILJA) to pilottestthe mediation program in the Court of Appeals on April 16, 2002. The pilotACM Project ran for almost three months from September 16 to November 22,2002, with a success rate of 67 percent.Thirty-one appellate court mediators from the ranks of retired justices andjudges, senior members of the Bar, and senior professors of law participated inthe orientation workshop conducted by experts from the Philippines andSingapore.The Supreme Court approved the institutionalization of Appellate Court Mediation(ACM) on March 23, 2004 following the successful pilot-test. It also approved theRevised Guidelines for the Implementation of Mediation in the Court of Appeals toprovide the legal framework.From 2004 to 2006, PHILJA went on to recruit and train a core of mediationfaculty from ADR practitioners and the academe; revised the training curriculumand materials to make them more relevant to the Philippine setting; developedcase study materials from actual cases; trained a new batch of 51 mediators forthe Court of Appeals; capped their training with an internship program thatrequired each mediator to handle at least two ongoing cases; formally launchedthe CA Mediation Center at the ground floor of the CA Annex Building; and finallydeveloped a Mediation Training Manual for the Court of Appeals. The ProjectDirector who supervised this project was Professor Alfredo F. Tadiar.What organizations are helping implement the ACM Program?There are six institutions working together to implement the mediation process inthe Court of Appeals.THE COURT OF APPEALS (CA)Selects and refers cases and other documents or information for mediation.PHILIPPINEJUDICIAL ACADEMY (PHILJA)Oversees the training program of appellate court mediators and assigns a PMC(CA) coordinator to oversee the operations of a PMC (CA) office, among otherresponsibilities.PHILIPPINE MEDIATION CENTER-CAHelps facilitate successful mediation by providing administrative and operationalsupport services.PUBLIC INFORMATION OFFICEOF THESUPREME COURT (SC-PIO)Assists in the in formation, education and communication campaign program ofthe project.INTEGRATED BAR OF THEPHILIPPINES (IBP)Collaborates with PHILJA in its mediation advocacy and assists in the disciplinaryactions for erring mediators.PHILIPPINE ASSOCIATION OF LAW SCHOOLS (PALS)Includes Alternative Dispute Resolution (ADR) courses (including Mediation) andnegotiating skills in the curriculum and re-orients law professors and students onlegal aid.Are all cases elevated to the Court of Appeals eligible for Appellate Court Mediation?No. Only the following cases elevated to the Court of Appeals are eligible forAppellate Court Mediation:1. Civil cases brought on ordinary appeal or petition for review.2. Appeals from final orders, awards, judgments, resolutions of the Court ofTax Appeals and quasi-judicial agencies in the exercise of their quasijudicialfunctions through petition for review or certiorari that questions adecision for having been rendered in grave abuse of discretion amountingto lack of jurisdiction.These quasi-judicial agencies include the following: Central Board ofAssessment Appeals, Securities and Exchange Commission. LandRegistration Authority, Office of the President, Civil Aeronautics Board,Bureau of Patents, Trademarks and Technology Transfer, NationalElectrification Administration, Energy Regulatory Board, NationalTelecommunications Commission, Department of Agrarian Reform underTA. 6657, Government Service Insurance System, EmployeesCompensation Commission, Agricultural Inventions Board, InsuranceCommission, Philippine Atomic Energy Commission, Board of Investments,Construction Industry Arbitration Commission, and Voluntary Arbitratorsauthorized by law.3. Special civil actions for certiorari, except those involving pure questions oflaw.4. Habeas corpus (court order directing law enforcement officials orcustodians of detained persons to produce that person in court) casesinvolving custody of minors, with the consent of the parties, provided thatthe minor is not detained for commission of a criminal offense.5. Criminal cases cognizable by the Katarungang Pambarangay (BarangayJustice System) under Republic Act No. 7160 or offenses punishable byimprisonment not exceeding one year or a fine not exceeding P5,000.00or both such fine and imprisonment.What cases cannot be mediated under ACM?1. Civil cases, which by law cannot be compromised.2. Criminal cases except those under No. 4 above (habeas corpus of minorsnot detained for a criminal offense).3. Habeas corpus petitions involving custody of minors when the subject isdetained for commission of a criminal offense.4. Cases with pending application for restraining orders/preliminaryinjunctions, unless both parties request for mediationWho is qualified to serve as mediator in Appellate Court Mediation?Only an Appellate Mediator who is trained and accredited by the Philippine JudicialAcademy (PHILJA) can mediate in the Court of Appeals.As a basic qualification, he/she must be a retired justice, judge, senior memberof the Bar, or senior law professor, who possesses creative problem-solving skillsand has strong interest in mediation.What are the duties and responsibilities of an Appellate Mediator?Since mediation proceedings are confidential, violations made by either party oreven the mediator will be sanctioned.1. Conducts mediation proceedings and calls caucuses (private meetings witheach party) whenever necessary.2. During mediation proceedings:a. informs parties of the rules and procedures for mediationb. assesses the risks and costs of continuing litigationc. draws out the underlying interests of the partiesd. explores common ground for settlement3. May suggest options for the parties to consider and, if practical ornecessary, seek the assistance of a co-mediator to assess (on anonbinding basis) the strengths and weaknesses of each partys case.4. May request for a court order to impose appropriate sanctions if theparties fail to comply with the directives of the mediator such as, but notlimited to, the payment of mediation fees, appearance of parties duringscheduled conferences, and submission of written authority ofrepresentatives prior to the mediation proceedings.5. Prepares the written terms of the compromise agreement that disposes ofthe dispute in whole or in part.6. May terminate mediation at any time if parties are not interested to settle.7. If the parties fail to reach a settlement, returns the case to the CA Divisionof origin and makes a confidential report to the Philippine MediationCenter-CA on the reasons for failure.8. Discloses to the parties any circumstance that may create or give theappearance of a conflict of interest and any other circumstance that mayraise a question as to his/her impartiality.9. Ensures strict confidentiality of all communications made by the partiesduring the mediation proceedings.What is the process in Appellate Court Mediation?The entire mediation process in the appellate level consists of five phases: (1)selection of case, (2) resolution to appear, (3) agreement to mediate, (4)mediation proceedings, and (5) disposition of case.PHASE1: SELECTION OF CASES1. The Division Clerk of Court, with the assistance of the PMC-CA, identifiesthe pending cases for mediation to be approved by the Ponente (Justice incharge of the case) either for completion of records or for decision.2. The petitioner or appellant specifies, by writing or by stamping on the rightside of the caption of the initial pleading (under the case number), that thecase is qualified for mediation.3. If the case is eligible for mediation, the Ponente, with the concurrence ofthe other members of the Division, refers the case to the PMC-CA.PHASE2: RESOLUTION TO APPEAR1. The Ponente, with the concurrence of other members of the Division,issues a resolution (after submission of the appellants brief or after thefiling of a petition for review or certiorari) directing the parties to appearat the PMC-CA without counsel to consider the possibility of mediation.2. The resolution also suspends the running of the period to file theappellees brief or comment on the petition for review or certiorari, as thecase may be, until further order of the Court.PHASE3: AGREEMENT TO MEDIATE1. Upon agreement of the parties to mediate, the PMC-CA requires theparties to execute an Agreement to Mediate in a form provided for thepurpose.2. The parties choose a mediator and the date and time of the initialmediation conference.3. The Court then furnishes the following documents to the PMC-CA:a. Appellants brief and any memorandum or record on appealb. DecisionPHASE4: MEDIATION PROCEEDINGS1. The mediator tries to complete the mediation proceedings within thirty(30) days from the date of the initial mediation conference. However, theduration of mediation proceedings may be extended for another thirty (30)days if there is a request for extension based on a justifiable ground orreason.2. Individual party litigants are required to attend mediation conferences inperson; corporate parties must be represented by a corporate officer dulyauthorized by Board resolution.3. Initial mediation conferences are held in the PMC-CA, but subsequentmediation conferences may be held outside the CA with notice to theCourt.PHASE5: DISPOSITION OF CASES1. If the parties agree to a full or partial compromise, the mediator draftswritten terms with the concurrence of the parties/counsel.2. The parties/counsel and mediator sign the compromise agreement whichis transmitted to the Court.3. The Court approves the compromise agreement, renders judgment upon afull or partial compromise, as the case may be, and makes an immediateentry of judgment.4. In the case of full settlement, the parties agree to withdraw the appeal andenter into a mutual satisfaction of claims and counterclaims. Upon receipt,the Court renders an order of dismissal.5. If the parties fail to reach a settlement, the mediator returns the case tothe Division of origin. He or she then makes a confidential report to thePMC-CA on the reasons for the failure.How long does the mediation process take under ACM?The mediation process ideally takes thirty (30) days from the date of the initialmediation conference. The mediation proceedings may be extended for anotherperiod not exceeding an additional thirty (30) days after a motion is filed with theCourt.How much does mediation cost?Mediation fees in the amount of one thousand pesos (P1,000.00) are collected bythe Clerk of Court of the trial court upon filing of the Notice of Appeal or by theClerk of Court of the Court of Appeals for cases that are directly filed therein.The collected amount becomes part of the Mediation Fund which is utilized for thepromotion of court-annexed mediation and other relevant modes of alternativedispute resolution (ADR), training of mediators, payment of mediators fees, andthe operating expenses of PMC units nationwide.Who are exempt from paying the mediation fee?A pauper litigant is exempt from paying the mediation fee. The unpaid amount isa lien to any monetary award in a judgment favorable to the pauper litigant.The accused-appellant is also exempt from paying the mediation fee.Are mediation proceedings admissible as evidence?All matters discussed or communicated by the parties (including the request formediation) during mediation conferences and documents presented before thePMCCA are privileged and confidential. These are inadmissible as evidence forany purpose in any other proceedings. However, evidence or information that isotherwise admissible does not become inadmissible solely by reason of its use idmediation. This is to prevent the abuse of this privilege by crafty parties or theircounsel.GLOSSARY AND ABBREVIATIONSAAO. Academic Affairs OfficeAC. Administrative CircularADR. Alternative Dispute ResolutionAdjudication. Adjudication describes any form of formal dispute resolution process I w hich the partieslitigate cases through the presentation of evidence and argument to a neutral third party w ho has thepow er to render binding decisions based on objective standards, rules or law s. Adjudication is used inmany forums --- judicial (courts), administrative (tribunals), and arbitral (boards of arbitration).Adjudicative processes are rights-based and positional.Alternative Dispute Resolution (ADR). ADR is a w idely used term referring to the entire range ofdispute resolution options outside the traditional administrative, judicial or legislative decision-makingprocess.AM. Administrative MatterAPJR. Action Program for Judicial ReformArbitration. Arbitration is an adjudicative form of dispute resolution involving a mutually acceptableneutral third party (arbitrator) empow ered to make a decision on the merits after an informal hearing thatusually includes presentation of evidence and oral argument. Arbitral decisions are generally bindingand subject to limited judicial review . In exceptional cases, decisions are treated as non-binding and theright yo proceed to trial is preserved. Arbitration may be voluntary (by private agreement) orcompulsory (by legislation or through a public court-annexed program). Instead of a single arbitrator, apanel (generally a tripartite board) may be used. Final offer selection is a version of arbitration w herethe arbitrator chooses betw een best offers submitted by parties. Arbitration is w idely used for laborrelations and commercial disputes.BCC. Branch Clerk of CourtCA. Compromise AgreementCAM. Court-Annexed MediationCaucus. A private session betw een the mediator and any one party in w hich the mediator explores theissues involved in the case and the options available to the parties to resolve the matter. if the mediatormeets separately w ith one party, the mediator w ill almost alw ays then meet separately w ith the otherparties to the mediation.CIDA. Canadian International Development AgencyCOC. Clerk of CourtCompromise Agreement. The settlement of a dispute by mutual concession. When approved by thecourt, the compromise agreement w ill have the force and effect of a court decision. As such, thecompromise agreement may be enforced by the court through execution of judgment.Conciliation. Conciliation is a process in w hich a neutral third party (conciliator) conveys informationbetw een parties and attempts to improve direct communication betw een them. The conciliator oftenprepares a report that describes the scope of agreement and disagreement. The role of a conciliator ismore passive than a mediator. Conciliaton is most often used in collective bargaining disputes.Conflict. Conflict is usually based upon a difference over goals, objectives, or expectations betw eenindividuals or groups. Conflict also occurs w hen tw o or more people, or groups, compete over limitedresources and/or perceived, or actual, incompatible goals.Conflict Resolution. A process of resolving a dispute or disagreement.Consensus. A mutually acceptable agreement that takes into consideration the interests of allconcerned parties. An agreement reached through consensus may not satisfy each participantsinterests equally or receive a similar level of support from all participants.Court-Annexed Mediation (CAM). Court-annexed mediation is a voluntary process w herein thecourt may advise parties to submit their case for mediation so that hey may be assisted by neutral partyto facilitate their discussions or negotiations tow ards a w orkable solution to the problem. The partiesmaintain their rights to proceed to trial if mediation fails. Any settlement that is reached becomes ajudgment of the court.DMC. Design and Management CommitteeDS. Daily Supervisor (Mediation Unit)Early Neutral Evaluation (ENE). Early Neutral Evaluation is a non-binding process in w hich a neutralthird party (facilitator) manages the discussion betw een parties that are attempting to reconciledivergent view s and reach agreement on issues or tasks. Facilitation is used in a w ide variety ofsettings including management meetings and public consultations.EJ. Executive JudgeENE. Early Neutral EvaluationFact-Finding. Fact-finding is a process by facts relevant to a controversy are determined by adesignated person and a resolution of issues recommended or determined. Parties decide in advance totreat the results as conclusive or advisory. If advisory, fact-finding is sometimes referred to as non- binding arbitration. The fact-finder may be a neutral third party or an expert in a relevant field. The factfindermay be jointly selected by parties or provided by a public body. Fact-finding may be used as partof a broader dispute resolution process such as negotiation, mediation, or arbitration. It is often used togather information regarding public sector collective agreements and to address scientific or technicalissues.GC. Grievance CommitteeIBP. Integrated Bar of the PhilippinesJDR. Judicial Dispute ResolutionJPSC. Joint Project Steering CommitteeJRO. Judicial Reforms OfficeLitigation. Litigation is a formal, rights-based adjudicative process that depends on each partyadvancing position, presenting evidence, and making arguments before a neutral third party decisionmaker.Litigation is used in trial and hearings.Mediation. Mediation is a process of assisted negotiation that relies on a neutral third party (mediator)to help parties reach a mutually agreeable resolution. Participation by the parties may be voluntary (byprivate agreement) or mandatory (through a public program such as court-annexed mediation). Whetherattendance is voluntary or mandatory, settlements are consensual; the mediator has no authority toimpose result. Settlements reached through mediation are binding upon the parties. Forms of mediationinclude evaluative, problem-solving, facilitative, transformative, and therapeutic.Mediation/Arbitration (MED/ARB). Med/Arb is a process in w hich parties agree that mediation w ill befollow ed by arbitration of unresolved issues. In med/arb the same neutral third party generally performboth roles. Med/Arb is becoming increasingly popular in the lbor-relation area. the reverse (Arb/med) isalso used in some circumstances.Mediation Conference. A discussion among the disputing parties, their counsel, and the mediator, toexplore options for settling a dispute.Mediator. Mediators are trained individuals w ho w ill attempt to assist the parties to reach a mutuallyacceptable resolution of their dispute.MeTC. Metropolitan Trial CourtMIMC. Monthly Inventory of Mediatable CasesMini-Trial. A mini-trial is flexible tw o-stage process in w hich a counsel presents a summary version ofeach case to business representatives of each side w ho then attempt to negotiate a settlement. Aneutral third party may facilitate the information exchange. The neutral third party may also mediateduring the settlement negotiations and may provide an advisory opinion on the potential court outcome.MTC. Municipal Trial CourtMTCC. Municipal Trial Court in CitiesNegotiation. Negotiation is a process in w hich parties communicate directly or indirectly for thepurpose of reaching an agreement. Approaches to negotiation include competitive, cooperative, andintegrative. Negotiation may be based on pow er, rights, or interests. Negotiation may be conducted byparties themselves or by agents.NJI. National Judicial Institute of CanadaOCA. Office of the Court AdministratorOCC. Office of the Clerk of CourtOIC. Officer-in-ChargePHILJA. Philippine Judicial AcademyPJ. Presiding Justice/JudgePMC. Philippine Mediaton CenterPMFI. Philippine Mediation Foundation, Inc.Pre-Trial Conference. Pre-Trial Conference, a conference held after the pleadings have been filedand before the trial begins, for the purpose of bringing the parties together to outline discoveryproceedings and define the issues to be tried. Courts often use the pre-trial conference as anopportunity to encourage settlement.RTC. Regional Trial CourtSC. Supreme CourtSC-PIO. Supreme Court Public Information OfficeSC-PMO. Supreme Court Program Management Office