ALTERNATIVE DISPUTES RESOLUTION: CAM

AND JDR
March 7, 2016
Janine Rose Lumanag

If
indviduals,
representatives
must
be
authorized through a Special Power of Attorney.

CAM AND JDRIII

If corporations, the representative should be

authorized through a Board Resolution to appear
for mediation.

COURT ANNEXED MEDIATION

In CAM, Here the trial judge refers the parties to

PMC for mediation under an accredited mediator.

When you say CAM as well as JDR, it is considered

as a court diversion of pending cases.

MEDIATOR

Why is it a court diversion of pending cases?

What is court diversion?

It is a court-diversion of pending cases because it

is :

intended at that stage to put an end to a

pending litigation through a compromise
agreement of the parties and
Intended to empower the parties to
resolve their own disputes and to give
effect to the State Policy under R.A. 9285

A mediator does not need to be a lawyer.

The parties are allowed to choose the
mediator.
The Supervisor of the Mediation Center
may choose the Mediator
There is a third person who is not the
Judge.

Now if the parties will agree to enter into

mediation and it failed during CAM, punta na tayo
sa JDR.

So if it will be asked what are the stages of court

diversion?

JUDICIAL DISPUTE RESOLUITION

CAM occurs first before JDR. If there is no CAM,
there can also be no JDR. You cannot skip CAM.
CAM is a pre-requisite to the conduct of JDR.
Before ka mag JDR, dapat failed muna ang
mediation in CAM.

1. Court Annexed Mediation

This happens during the pre-trial stage.
2. Judicial Dispute Resolution
This happens during the pre-trial stage

During the trial of the JDR, the Judge becomes the

mediator, conciliator and early neutral evaluator.

3. Appellate Court Mediation

Specifically, when does the court refer the case to
court-annexed mediation? After the last pleading
has been filed. Under the Rules of Court, the last
pleading that is filed is the reply.

This happens during pre-trial ha.

Is the JDR Judge the same trial judge?
If multiple sala court, raffled to another branch
for trial.

After that, what will happen? The court will issue

an order referring the case to mediation.
During the mediation, are the parties required to
appear?

If single sala court, JDR proceedings shall be

conducted at the station where the case was
originally filed.

General Rule: Parties

appear for mediation.

Multiple Sala Court vs. Single Sala Court

should

personally

Multiple sala court is Davao City, daghan. From

RTC branch 8 to branch 33. A single sala court is
isa lang, isa-isa lang ang mga korte.

For what purpose? (She did not answer. Maybe

subjective ang answer if ever i-ask sa essay)
Remedy if the parties do (cannot) not
personally appear for mediation

The Rule (single sala) provides that if there is no

agreement then JDR will be conducted by the
Judge of the pair court (pair court is designated
1

ALTERNATIVE DISPUTES RESOLUTION: CAM

AND JDR
by the SC. Here in Davao City, the pair court of
RTC branch 8 is RTC branch 9. Ang mga courts
naga pair pair so that if the Judge in RTC 8 is
absent, sino pwede magpirma? Si pair court. He
is known as the pair Judge. Not necessarily the
substitute)

2. Special proceedings for the settlement of

estates;
3. All civil and criminal cases filed with a
certificate to file action issued by the
Punong Barangay or the Pangkat ng
Tagapagkasundo
under
the
Revised
Katarungang Pambarangay Law

So you have to make distinction of it is a multiple

sala court or single sala court.

4. The civil aspect of Quasi-Offenses under

Title 14 of the Revised Penal Code;

APPELLATE COURT MEDIATION (discussed on page

4)

5. The civil aspect of less grave felonies

punishable by correctional penalties not
exceeding 6 years imprisonment, where
the offended party is a private
person;

If though on appeal, encouraged pa rin ang

mediation ha.
Court Annexed Mediation vs. Court-Referred
Mediation
*nobody can answer so research on that daw*

What if the penalty imposed by law is 6

years and 1 day? Can it be subject to CAM
and JDR? What is your remedy here if 6
years and 1 day?

My research: Court-referred mediation is

mediation ordered by a court to be conducted in
accordance with an agreement of the parties
when an action is prematurely commenced in
violation of such agreement.

Assume this is a rape case, obviously

meron yan syang civil aspect. Assume
also the minor is no longer interested to
pursue the case, are we allowed to
mediate? Take note ha that what is the
subject of the mediation is only the civil
aspect of the crime. Sabi ditto less grave
felonies lang, what about those that are
above 6 years? (Students (I think si
Carizza ito) answer: penalties above 6
years are considered afflictive and capital
and under the RPC, the purpose for this is
punishment. Accused is denied probation
and imprisonment is necessary for the
protection of society. No express answer)

The distinction between court-annexed mediation

and court-referred mediation is important. The
provisions of the ADR Law do not apply to courtannexed mediation. They cover voluntary
mediation only, not court-annexed mediation or
mandatory mediation. Under this law, there must
a binding agreement of the parties to mediate
their dispute. This usually results when the
parties insert a clause in their contract requiring
a prior resort to mediation before the dispute
may be brought to arbitration or filed in court.

Mandatory coverage
(MEMORIZE daw!)

for

CAM

and

6. The civil aspect of estafa, theft and libel;

Pwede ba tayong magpa-mediate if it is
qualified theft? Sabi dito civil aspect of
theft. How about qualified theft?

JDR

*research on that DAW AGAIN!*

*Sorry, I could not find anything about
qualified theft*

1. All civil cases and the civil liability of

criminal cases covered by the Rule on
Summary Procedure, including the civil
liability for violation of B.P. 22, except
those which by law may not be
compromised;

7. All civil cases and probate proceedings,

testate and intestate, brought on appeal
from the exclusive and original jurisdiction
granted to the first level courts under
2

ALTERNATIVE DISPUTES RESOLUTION: CAM

AND JDR
Section 33, par. (1) of the
Reorganization Act of 1980;

Judiciary

***SO BALIK TAYO SA CAM***

If during the conduct of mediation, nag settle ang
parties, ano ang next procedure?

8. All cases of forcible entry and unlawful

detainer brought on appeal from the
exclusive and original jurisdiction granted
to the first level courts under Section 33,
par. (2) of the Judiciary Reorganization Act
of 1980;

Full Settlement (C-I-S-O)

1. Parties
shall
draft
a
compromise
agreement and the same is submitted to
the court for approval

9. All civil cases involving title to or

possession of real property or an interest
therein brought on appeal from the
exclusive and original jurisdiction granted
to the first level courts under Section 33,
par.(3) of the Judiciary Reorganization Act
of 1980; 13 and

2. If it is approved by the court, the court shall

issue a judgment based on the
compromise
Take note it should be submitted to
the court for approval or disapproval.

10. All habeas corpus cases decided by the

first level courts in the absence of the
Regional Trial Court judge, that are
brought up on appeal from the special
jurisdiction granted to the first level courts
under Section 35 of the Judiciary
Reorganization Act of 1980;

3. Now there is already compliance, then

parties will file a satisfaction of claims or
mutual withdrawal of the case.
Kailangan talaga i-file ang satisfaction
of claims, class.
4. Thereafter, the court shall enter an order
dismissing the case.

The following cases shall not be referred to

CAM and JDR:

Partial Settlement

1. Civil cases which by law cannot be

compromised (Article 2035, New Civil
Code);

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.

2. Other criminal cases not covered under

paragraphs 3 to 6 above; 3.
3. Habeas Corpus petitions;

In relation to the unsettled part of the dispute,

continue ang trial kasi nga partial settlement.

What if it is a habeas corpus decided by

the RTC? Research AGAIN!

Same rule with regard to JDR.

4. All cases under Republic Act No. 9262

(Violence against Women and Children);
and
5. Cases with pending application for
Restraining Orders/Preliminary Injunctions.

How many days for mediation? 30 days. Same sa

JDR, also 30 days.
Take note that the period during which the case is
undergoing mediation shall be excluded from the
regular and mandatory periods for trial and
rendition of judgment in ordinary cases and in
cases under summary proceedings.

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.

Appearance before PMC, that is mandatory. What

if the parties do not appear, what are your
remedies? For failure to appear.

ALTERNATIVE DISPUTES RESOLUTION: CAM

AND JDR
If hindi mag appear before the PMC, that cannot
be a ground to declare a party in default. It is only
the failure to file an answer wherein a defendant
can be declared in default.

3. Assist
in
preparing
a
compromise
agreement that is not contrary to law,
morals, good customs, public order, or
public policy so that the same may be
approved by the court, paying particular
attention to issues of voluntary compliance
of what have been agreed upon, or
otherwise to issues of enforcement in case
of breach.

Possible sanctions:
Censure
Reprimand
Cited in contempt of court
Ordered to reimburse the appearing party
of the costs as well as attorneys fees to
treble such costs (including appearance
fees)

4. Assist,
wherever
applicable,
in
the
preparation
of
a
manifestation
of
satisfaction
of
claims
and
mutual
withdrawal of complaint and counterclaim
as basis for the court to issue an order of
dismissal.

The court can do this motu proprio ha. Sanctions

may be imposed by the Judge upon his own
initiative or upon motion of the interested party.

How about childrens presence during mediation?

As a rule hindi unless necessary ang appearance
nila such as support kung kanino sasama ang
bata.

Upon justifiable cause duly proved in the hearing

called on the motion to reconsider filed by the
absent party, concurred in by the concerned
mediator, the sanctions imposed may be
lifted or set aside in the sound discretion of
the referring judge.

CONFIDENTIALITY RULE (Applies both in

CAM and JDR)
Any and all matters discussed or communications
made, including requests for mediation, and
documents presented during the mediation
proceedings before the Philippine Mediation
Center or the JDR proceedings before the trial
judge, shall be privileged and confidential, and
the same 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 mediation or conciliation.

ROLES OF LAWYERS IN THE CONDUCT OF

CAM AND JDR (MEMORIZE!)
1. Help
their
clients
comprehend
the
mediation process and its benefits and
allow them to assume greater personal
responsibility in making decisions for the
success of mediation in resolving the
dispute.
2. Discuss with their clients the following:
The substantive issues involved in the
dispute.
Prioritization of resolution in terms of
importance to client.
Understanding the position of the other
side and the underlying fears, concerns,
and needs underneath that position.
Need for more information or facts to
be gathered or exchanged with the
other side for informed decision
making.
Possible
bargaining
options
but
stressing the need to be open-minded
about other possibilities.
The best, worst, and most likely
alternatives to a negotiated agreement.

Further, the JDR judge shall not pass any

information obtained in the course of conciliation
and early neutral evaluation to the trial judge or
to any other person. This prohibition shall include
all court personnel or any other person present
during such proceedings. All JDR conferences
shall be conducted in private.
Notes:

Applies to all court personnel

The Judge may jot down notes.

ROLE OF JUDGES DURING THE CONDUCT OF

ADR
He is the mediator, conciliator, and early neutral
evaluator.
4

ALTERNATIVE DISPUTES RESOLUTION: CAM

AND JDR

Memorize the definition when the Judge becomes

mediator, conciliator and early neutral evaluator.

3. Special civil actions for certiorari except

those involving pure questions of law

APPELLATE COURT MEDIATION

4. Habeas corpus cases involving custody of

minors provided that it is with the consent
of the parties and provided that the minor
is not detained for commission of criminal
offense

Third stage of court diversion.

Coverage of
(MEMORIZE!)

Appellate

Court

Mediation

5. Criminal
cases
cognizable
by
the
Katarungang Pambarangay under RA 7160
or offenses punishable by imprisonment
not exceeding 1 year or a fine not
exceeding 5 thousand pesos.

1. Civil cases brought on ordinary appeal or

petition for review
2. Appeals
from
final
orders,
awards,
judgment, resolutions of the CTA and quasijudicial agencies in the exercise of their
quasi-judicial functions through petition for
review or certiorari that questions a
decision for having been rendered in grave
abuse of discretion amounting to lack of
jurisdiction)
What

CASES THAT CANNOT BE MEDIATED UNDER

ACM
1. Civil cases which
compromised

by

law

cannot

be

2. Criminal cases except those under No. 4

above (habeas corpus of minors not
detained for a criminal offense).

are these quasi-judicial agencies?

LRA
Office of the President
Civil Aeronautics Board
Bureau of Patents
Financial Administration
Energy Regulatoru Board
IC
GSIS
ECC
CIAC (take note!)
Board of Arbitrators

3. Habeas corpus petitions involving custody

of minors when the subject is detained for
commission of a criminal offense;
4. Cases with pending application for
restraining orders/ preliminary injunctions,
unless both parties have requested for
mediation.