WELCOME and MABUHAY ! WELCOME and MABUHAY !

Mr. VirGILio G. GundayaoMr. VirGILio G. Gundayao, MBA/MPA, FRIPA, MBA/MPA, FRIPAAccredited Court-Annexed MediatorAccredited Court-Annexed Mediator

Exec. Dir., Graft-Free PhilippinesExec. Dir., Graft-Free Philippines, a national project of , a national project of PhilippinePhilippine Jaycee SenateJaycee Senate

2004 Exec. Director, Junior Chamber International (JCI) Phils.2004 Exec. Director, Junior Chamber International (JCI) Phils.

Immediate Past Exec. Director, JC Leaders InternationalImmediate Past Exec. Director, JC Leaders International

Ex-AMO, CSC Ex-AMO, CSC Mamamayan Muna, Hindi Mamaya Na! Mamamayan Muna, Hindi Mamaya Na! ProgramProgram

Candidate, Doctor in Public Administration (DPA)Candidate, Doctor in Public Administration (DPA)

MEDIATION: An Emerging MEDIATION: An Emerging Profession in Public AdministrationProfession in Public Administration

3 BRANCHES of the

GOVERNMENT

LEGISLATIVE EXECUTIVE JUDICIARY

Learning objectives:1.Understand, relate, and appreciate the essence, relevance, and practicality of mediation as an emerging profession in public administration system.2.Identify, explain and/or expound the dynamics of conflict, as well as the possibility of converting it into more productive, manageable, and controlled environment by means of mediation as an intervention towards a more peaceful way of resolving conflicts.3.Apply the knowledge of dispute settlement in any conflicting situation, anytime, anywhere, anyhow.4.Raise awareness on the emerging profession of Mediation as a career in both domestic and international level.

Principle of SEPARATION OF POWERSPrinciple of SEPARATION OF POWERS

- each government branch is not permitted - each government branch is not permitted to encroach upon the powers confided to others. to encroach upon the powers confided to others. Arbitrary rule would result if the same body is to Arbitrary rule would result if the same body is to exercise all the powers of the government. exercise all the powers of the government.

Principle of CHECKS AND BALANCESPrinciple of CHECKS AND BALANCES

- authorizing a considerable amount of encroachment or - authorizing a considerable amount of encroachment or checking by one branch in the affairs of the others. Each checking by one branch in the affairs of the others. Each branch is given certain powers with which to check the branch is given certain powers with which to check the others.others.

Pres.may disapprove bills enacted by CongressPres.may disapprove bills enacted by Congress Congress may reject appointments by the Pres.Congress may reject appointments by the Pres. Judiciary may declare unconstitutional laws enacted by Judiciary may declare unconstitutional laws enacted by

the Congress, as well as Exec. administrative issuances. the Congress, as well as Exec. administrative issuances.

Office of the Ombudsman

OFFICE OF THE OMBUDSMAN alternative form of dispute resolution (MEDIATION)

voluntary and inexpensive process

minor and non-graft cases : non-payment of debts, threats, simple dishonesty, misconduct, and failure to provide financial support

72% of 909 cases successfully mediated

Request for assistance

Mediation

Regional offices

Multi-media

Anti-Red Tape

Resident Ombudsman Network

Mediation in the PhilippinesMediation in the Philippines• Quasi-Judicial Bodies/Government AgenciesQuasi-Judicial Bodies/Government Agencies

CSC (OPR, PSLMC ) EO 180CSC (OPR, PSLMC ) EO 180 Insurance Commission; CDA; BSP, BIR (DOF)Insurance Commission; CDA; BSP, BIR (DOF) DARAB (DAR), EO 129-A)DARAB (DAR), EO 129-A) Bureau of Trade Regulation and Consumer Bureau of Trade Regulation and Consumer

Protection; IPO, RA 8293 (DTI)Protection; IPO, RA 8293 (DTI) NCIP (DENR)NCIP (DENR) NLRC; NCMB; BLR (DOLE - PD 442)NLRC; NCMB; BLR (DOLE - PD 442) BFAD (DOH)BFAD (DOH) BFAR, NFA, SRA, NMIC (DA)BFAR, NFA, SRA, NMIC (DA) ERB ; WESM (DOE)ERB ; WESM (DOE)• Others: HLURB, LTFRB, COSLAP, EO 561, Others: HLURB, LTFRB, COSLAP, EO 561,

NTC NTC

Established under RA 9285 as an attached agency to the Department of Justice

..

INSTITUTIONAL MEDIATION

A.PRIVATE SECTOR:

1. Philippine Dispute Resolution Center, Inc. (PDRCI)2. The ADR Center for Negotiation, Mediation &

Arbitration3. PCCI’s National Mediation Center (NMC)

Alternative Dispute Resolution (ADR)Amicable Dispute Resolution

Arbitration

Mediation

Conciliation

Minitrial

Fact-FindingJudicial Referee

Mediator Gil G. GundayaoMediator Gil G. GundayaoI.D. MNL 13-001I.D. MNL 13-001

Supreme Court En Banc Resolution Supreme Court En Banc Resolution AM No. 13 12-05-SC-PHILJA (Res. 13-39)AM No. 13 12-05-SC-PHILJA (Res. 13-39)

Mediation is a confidential intervention/process where a trained neutral third party facilitates the negotiation between parties, and using learned techniques, helps them reach a voluntary, mutually satisfying agreement (CA/SA)—that promotes empowerment & mutual recognition.

Mediation as Mediation as Essentially Assisted Essentially Assisted NegotiationNegotiation

Mediator Gil G. Gundayao, MBA/MPA, Mediator Gil G. Gundayao, MBA/MPA, FRIPAFRIPA

Candidate, Doctor in Public Administration Candidate, Doctor in Public Administration (DPA)(DPA)

Mediator ID MNL 13-001Mediator ID MNL 13-001

A.M. No. 13-12-05-SC-PHILJA, Supreme Court A.M. No. 13-12-05-SC-PHILJA, Supreme Court

En Banc, Resolution dated January 14, 2014.En Banc, Resolution dated January 14, 2014.

Philippine Mediation Center (PMC) Caloocan Philippine Mediation Center (PMC) Caloocan UnitUnit

The JudiciaryThe Judiciary

SOURCE: 2002 Revised Manual of Clerks of Court.

COURT-ANNEXED MEDIATION (CAM)A.M. No. 01-10-5-SC PHILJA, October 16, 2001

Appointment of the Mediator as an Officer of the Court

Man must evolve for all human conflict a method which rejects revenge, aggression, and retaliation. The foundation of such a method is love.

-- Martin Luther King

2626

That was purelygratuitous!..

80% chance of successLeaves customers in controlBetter outcomeQuickLess costlyFlexibleLess stressMore fun

The main thing is to keep the main thing

the main thingStephen R. Covey

The Seven Habits of Highly Effective People, 1989

Mediation really can be mainstream by

Undergraduate/ Undergraduate/ Masters Masters programs programs

80 in USA 80 in USA 15 in UK/Ireland15 in UK/Ireland 6 in Europe6 in Europe 14 in Japan14 in Japan 3 in Australia 3 in Australia 4 in Latin America4 in Latin America 7 in Israel7 in Israel 1 in Africa1 in Africa 1 starting in Peshawar,1 starting in Peshawar, Pakistan(Coex alum!) Pakistan(Coex alum!)

PhD programs George Mason U Notre Dame Nova Southeastern University of

Manitoba University of

Sydney University of

Bradford American

University Lancaster U Bar Ilan U

University of Gotheborg

Uppsala University Kings College

London

Any occupation wishing to exercise authority must find a technical basis for it,assert an exclusive jurisdiction,

link both skill and jurisdiction to standards of trainingand convince the public that its services

are uniquely trustworthy and tied to a set of professional norms

Harold J. WilenskyProfessor Emeritus of Political Science, UC Berkeley

The Professionalization of Everyone? 1964

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C C E P T A N

A D E R S H I

N S P I R A T

E N C Y

A R D S T I C K S

The The Keys Keysto Mediation as a Global Professionto Mediation as a Global Profession

C A T I O N S

7

The United Nations Common SystemThe United Nations Common SystemThe WB Group and the IMF -- although specialized agencies of The WB Group and the IMF -- although specialized agencies of

the United Nations – claim to be not part of the common the United Nations – claim to be not part of the common system. system.

                                                                          

                               

   

                                          

                        

                                                             

   

                   

                                                                                                                                                 

                     

                         

                                       

    

                                 

   

                 

                                                 

                           

  

 

Common System Organizations

United Nations (UN) World Health Organization (WHO)

United Nations Development Programme (UNDP)

I nternational Civil Aviation Organization (I CAO)

United Nations Population Fund (UNFPA) Universal Postal Union (UPU)

United Nations Office for Project Services (UNOPS)

I nternational Telecommunication Union (I TU)

United Nations High Commissioner for Refugees (UNHCR)

World Meteorological Organization (WMO)

United Nations Children's Fund (UNI CEF) I nternational Maritime Organization (I MO)

United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)

World I ntellectual Property Organization (WIPO)

I nternational Trade Centre (I TC)

I nternational Fund for Agricultural Development (I FAD)

I nternational Labour Organization (I LO) United Nations I ndustrial Development Organization (UNI DO)

Food and Agriculture Organization (FAO)

I nternational Atomic Energy Agency (I AEA)

World Food Programme (WFP) World Tourism Organization (UNWTO)

United Nations Educational, Scientific and Cultural Organization (UNESCO)

INTERNATIONAL MEDIATION UNDER THE INTERNATIONAL CHAMBER

OF COMMERCE (ICC)

On January 1, 2014, the Mediation Rules of the International Chamber of Commerce based in Paris came into force.

These Rules are administered by the ICC International Centre for ADR.

PEACEFAKING PEACEMAKING PEACEBREAKING

"We are constantly being astonished at the amazing discoveries in the field of violence. But I maintain that far more undreamt-of and seemingly impossible discoveries will be made in the field of non-violence.”--M. K. Gandhi (Photos in this presentation have been taken from various websites)

ReferencesReferences

International Chamber of Commerce (ICC)International Chamber of Commerce (ICC) Supreme Court of the Philippines (SCP)Supreme Court of the Philippines (SCP) Philippine Judicial Academy (PhilJA)Philippine Judicial Academy (PhilJA) Philippine Mediation Center (PMC) OfficePhilippine Mediation Center (PMC) Office Department of Justice (DOJ)Department of Justice (DOJ) Office for Alternative Dispute Resolution (OADR)Office for Alternative Dispute Resolution (OADR) Private corporate and individual website addresses as duly Private corporate and individual website addresses as duly

acknowledgedacknowledged Trainors, Speakers, Authors duly quoted herein.Trainors, Speakers, Authors duly quoted herein. International Mediation Institute (IMI)International Mediation Institute (IMI)

aaHenry Wadsworth Longfellow: Henry Wadsworth Longfellow: The heights by great men reached and keptThe heights by great men reached and kept

were not attained by sudden flight, were not attained by sudden flight,

but they, while their companions slept, but they, while their companions slept,

were toiling upward in the night.were toiling upward in the night.

Thank you. Thank you.

Best of luck.Best of luck.