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Frequently Asked Questions

  What is the step-by-step procedure for mediation?

Upon the filing of certain pleadings, the P!!"!! mediation fee #ill be collected by the$lerk of $ourt" After your case is determined to be mediatable, the %ranch $lerk of $ourt

#ill issue a &otice of 'rder of Pre-(rial" %oth parties and their counsel #ill be required to

appear before the )udge" (he court #ill order you both to the Philippine *ediation $enter +P*$ Unit for an orientation on mediation"

(he aily .uper/isor +. of the unit #ill e0plain the mediation process" (he mediation proceedings are cheduled at your earliest con/enience, usually #ithin fi/e to se/en

#orking days"

(he . then presents a list of accredited mediators for both parties to choose and agreeon" 1f you can not select one, the . #ill assign the mediator to your case and #ill notify

the mediator through a &otice of *ediation /alidated by the

 )udge" (his makes the mediator an 'fficer of the $ourt"

(he mediation session then proceeds on the scheduled date in an open and informal

setting to encourage ommunication" 2ou #ill ha/e 3! days for the proceedings,e0tendible to another 3! days"

As a litigant, ho# do 1 prepare for mediation?

$onsult your la#yer for a thorough briefing on mediation and ho# it #ill affect yourcase" 4a/e all the necessary documents regarding your case at hand" %e ready to confront

 possibly deep-seated issues at the heart of the dispute"

1s there a neutral /enue for mediation? Where do mediation sessions take place?

*ediation sessions are held in pri/ate rooms in the P*$ unit of the trial court"

(he sessions can not take place in pri/ate offices like the la# office of the mediator"

1f one of the parties is not a/ailable due to health reasons, for e0ample, proper

authori5ation has to be made"

4o# long should each of these sessions last?An indi/idual mediation session can last from one hour to three hours on the a/erage"

4o# many people are allo#ed in a mediation session?

As a litigant, you can be accompanied by as many people you feel #ill help you in the

mediation proceedings" 4o#e/er, considering space limitations, you might consider bringing only your la#yer and perhaps one other companion"

1s there an official language for a mediation session?

(here is no official language for mediation proceedings" (he disputing parties and themediator can use their nati/e language pro/ided that e/eryone can understand each other"

What #ill happen #hen both parties can not seem to agree?

When a settlement can not be reached through court-anne0ed mediation, the case isreferred back to the pre-trial )udge" (his begins the 67 process" 1f this still fails, the case

is mo/ed to another )udge for trial"

What #ill happen if the other party does not comply #ith the agreement reached?

2ou must inform the court that appro/ed the compromise agreement immediately for

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them to issue an order to comply" .anctions #ill be imposed for non-compliance" (he

aggrie/ed party may also apply for a #rit of e0ecution"

What do 1 do if the mediation proceedings are leaked to the press?.ince mediation proceedings are confidential, /iolations made by either party or e/en the

mediator #ill be sanctioned"

Where can 1 learn more about mediation?2our la#yer may be one of your best resources on mediation" (he Philippine *ediation

$enter may ha/e additional information" *ediation is a global e0perience and can also be

researched e0tensi/ely on the #eb"