Philippine Mediation Center

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Mediation in the Court of Appeals

Q What is Appellate Court Mediation?

Mediation is the process of resolving disputes with the help of a neutral third party (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!Anne"ed Mediation in the lower courts. #t provides a conciliatory approach in conflict

resolution. $hrough ACM the CA promotes a paradigm shift in resolving disputes from a rights!

based (%udicial) to an interest!based (mediation) process.

Q &ow is Appellate Court Mediation different from Court!Anne"ed Mediation or 'udicial

ispute esolution?

#n Court!Anne"ed Mediation a case eligible for mediation at a *irst +evel Court or egional $rial

Court during the pre!trial stage is referred by the presiding %udge to the ,hilippine Mediation

Center (,MC) -nit for mediation. Mediation is successful if the parties enter into a Compromise

Agreement and the %udge renders a decision based on this agreement. #f it fails or the parties

refuse to undergo mediation the case goes bac to court for trial.

#n 'udicial ispute esolution under the '-#/ ,ro%ect the mediation process is also in the lower

courts and mediation is conducted %ust lie in Court! Anne"ed Mediation. #f mediation fails or the

parties refuse mediation the case goes bac to the %udge who does not yet try the case. $he %udge

acting se0uentially as Conciliator 1eutral 2valuator and Mediator or a combination of the three

attempts to convince the parties to settle their case amicably. #f the parties still refuse to settle the

case goes bac to court for trial.

#n Appellate Court Mediation the case has been tried and %udgment has been rendered at the lower

courts but has been appealed to the Court of Appeals (CA). $hus ,arty A already won the case in

the lower courts but ,arty 3 appealed the decision to the CA.

Q What are the benefits of Appellate Court Mediation?

*or the %udiciary Appellate Court Mediation as part of the /upreme Court4s Action ,rogram for

'udicial eform (A,') aims to reduce the congestion of court docets. A review of pre!ACM

court statistics shows that although the disposal rate is high at 56.7 percent the number of cases

added to the baclog grows at an annual rate of 76 percent. Mediation offers a promising solution

to lessening this baclog.

*or litigants after mediation has failed in the lower courts Appellate Court Mediation provides an

added option to put an end to costly and long!drawn litigation. /ince mediation is a non!

adversarial approach to resolving a case in court it facilitates the interest!based settlement of the

dispute through proposals coming from the parties themselves or suggested by the mediator and

accepted by the parties.

Mediation helps litigants settle their dispute and rebuild their relationship. #t is a win!win solution

for both parties.

Q When and how did implementation of ACM start?$he /upreme Court authori8ed the ,hilippine 'udicial Academy (,+'A) to pilot!test the


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mediation program in the Court of Appeals on April 9: ;


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Q Are all cases elevated to the Court of Appeals eligible for Appellate Court Mediation?

1o. Bnly the following cases elevated to the Court of Appeals are eligible for Appellate Court

Mediation

1. Civil cases brought on ordinary appeal or petition for review.

2. Appeals from nal orders, awards, judgments, resolutions of

the Court of a! Appeals and "uasi#judicial agencies in the

e!ercise of their "uasi#judicial functions through petition for

review or certiorari that "uestions a decision for having been

rendered in grave abuse of discretion amounting to lac$ of

jurisdiction.

hese "uasi#judicial agencies include the following% Central

&oard of Assessment Appeals, 'ecurities and (!changeCommission. )and *egistration Authority, +ce of the

-resident, Civil Aeronautics &oard, &ureau of -atents,

rademar$s and echnology ransfer, ational (lectrication

Administration, (nergy *egulatory &oard, ational

elecommunications Commission, /epartment of Agrarian

*eform under A. 00, 3overnment 'ervice 4nsurance

'ystem, (mployees Compensation Commission, Agricultural

4nventions &oard, 4nsurance Commission, -hilippine Atomic

(nergy Commission, &oard of 4nvestments, Construction4ndustry Arbitration Commission, and 5oluntary Arbitrators

authori6ed by law.

7. 'pecial civil actions for certiorari, e!cept those involving pure

"uestions of law.

8. 9abeas corpus :court order directing law enforcement ocials

or custodians of detained persons to produce that person in

court; cases involving custody of minors, with the consent of

the parties, provided that the minor is not detained for

commission of a criminal oustice 'ystem; under *epublic Act o. 10? or

o


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subject is detained for commission of a criminal o


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impartiality.

D. (nsures strict condentiality of all communications made by

the parties during the mediation proceedings.

Q What is the process in Appellate Court Mediation?$he entire mediation process in the appellate level consists of five phases (9)

selection of case (;) resolution to appear (>) agreement to mediate ()

mediation proceedings and (7) disposition of case.

Phase %& !election of Cases

1. he /ivision Cler$ of Court, with the assistance of the -MC#CA,

identies the pending cases for mediation to be approved by

the -onente :>ustice in charge of the case; either for

completion of records or for decision.

2. he petitioner or appellant species, by writing or by stamping

on the right side of the caption of the initial pleading :under

the case number;, that the case is "ualied for mediation.

7. 4f the case is eligible for mediation, the -onente, with the

concurrence of the other members of the /ivision, refers the

case to the -MC#CA.

Phase '& esolution to Appear

1. he -onente, with the concurrence of other members of the

/ivision, issues a resolution :after submission of the

appellants brief or after the ling of a petition for review or

certiorari; directing the parties to appear at the -MC#CA

without counsel to consider the possibility of mediation.

2. he resolution also suspends the running of the period to le

the appellees brief or comment on the petition for review or

certiorari, as the case may be, until further order of the Court.

Phase & A"reement to Mediate

1. Epon agreement of the parties to mediate, the -MC#CA

re"uires the parties to e!ecute an Agreement to Mediate in a

form provided for the purpose.

2. he parties choose a mediator and the date and time of the

initial mediation conference.

7. he Court then furnishes the following documents to the -MC#

CA%


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a. Appellants brief and any memorandum or record on appeal

b. /ecisions or +rders of the court@tribunal being appealed or

subject to certiorari

Phase *& Mediation Proceedin"s

1. he mediator tries to complete the mediation proceedings

within thirty :7?; days from the date of the initial mediation

conference. 9owever, the duration of mediation proceedings

may be e!tended for another thirty :7?; days if there is a

re"uest for e!tension based on a justiable ground or reason.

2. 4ndividual party litigants are re"uired to attend mediation

conferences in personF corporate parties must be representedby a corporate ocer duly authori6ed by &oard resolution.

7. 4nitial mediation conferences are held in the -MC#CA, but

subse"uent mediation conferences may be held outside the

CA with notice to the Court.

Phase +& ,isposition of Cases

1. 4f the parties agree to a full or partial compromise, the

mediator drafts written terms with the concurrence of the

parties@counsel.

2. he parties@counsel and mediator sign the compromise

agreement which is transmitted to the Court.

7. he Court approves the compromise agreement, renders

judgment upon a full or partial compromise, as the case may

be, and ma$es an immediate entry of judgment.

8. 4n the case of full settlement, the parties agree to withdraw

the appeal and enter into a mutual satisfaction of claims and

counterclaims. Epon receipt, the Court renders an order of

dismissal.

. 4f the parties fail to reach a settlement, the mediator returns

the case to the /ivision of origin. 9e or she then ma$es a

condential report to the -MC#CA on the reasons for the

failure.

&ow long does the mediation process tae under ACM?

he mediation process ideally ta$es thirty :7?; days from the date

of the initial mediation conference. he mediation proceedings


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may be e!tended for another period not e!ceeding an additional

thirty :7?; days after a motion is led with the Court.

Q &ow much does mediation cost?

Mediation fees in the amount of one thousand pesos (,9

Documents

Philippine Mediation Center