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Group 3-Chapter 3-Mediation-in-General
Group 3-Chapter 3-Mediation-in-General
MEDIATION IN GENERAL
Place of mediation:
Mediation parties are given the freedom to agree on
the place of mediation. In the absence of such
agreement, the place of mediation shall be any place
convenient and appropriate to all parties. This is called
the default venue of mediation.
Stages in mediation:
1.
2.
3.
4.
5.
6.
Advantages in Mediation:
1.
2.
3.
NATURE
OF
PRIVILEGED COMMUNICATION
Conversation that takes place within the context of a
protected relationship, such as that between an
attorney and client, a husband and wife, a priest and
penitent, and a doctor and patient. The law often
protects against forced disclosure of such
conversations. However, there are exceptions that can
invalidate a privileged communication, and there are
various circumstances where it can be waived, either
purposefully or unintentionally.
Confidentiality- involves a set of rules or a promise
that limits access or places restrictions on certain types
of information.
R.A. 9285 defined Confidential Information as
Sec. 3- H- "Confidential information" means any
information, relative to the subject of mediation or
arbitration, expressly intended by the source not to be
disclosed, or obtained under circumstances that would
create a reasonable expectation on behalf of the
2
source that the information shall not be disclosed. It
shall include:
1.
2.
3.
Waiver of Confidentiality
SEC. 10. Waiver of Confidentiality. - A
privilege arising from the confidentiality of
information may be waived in a record, or
orally during a proceeding by the mediator
and the mediation parties.
6.
7.
Contained in a record
ESTOPPEL
Rooted from the principles of fair play and
equity, a person who benefits from a disclosure ought
not to prevent another form disclosing or securing
disclosure of the rest of the information, otherwise
confidential in nature, as may be necessary to
overcome the prejudice caused by such disclosure.
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Privilege of the Mediator
The mediator himself is bound by the rule on
confidentiality, in fact he may not be compelled to
provide evidence of a mediation communication or
testify in such proceedings. Section 12 and 13 of R.A.
9285 is clear
SEC. 12. Prohibited Mediator Reports. - A
mediator may not make a report,
assessment, evaluation, recommendation,
finding, or other communication regarding a
mediation to a court or agency or other
authority that make a ruling on a dispute that
is the subject of a mediation, except:
(a) Where the mediation occurred or has
terminated, or where a settlement was
reached.
(b) As permitted to be disclosed under
Section 13 of this Chapter.
2.
3.
4.
Functions
1.
2.
3.
4.