ADR FINAL EXAM NOTES (Mediation and JDR)
agreement or settlement of claims shall be
DEFINITION OF TERMS
Mediation- means any voluntary process in which a
mediator, selected by the disputing parties, facilitates
communication and negotiation, and assist the parties in
reaching a voluntary agreement regarding a dispute.
Court-Annexed Mediation- means any mediation
process conducted under the auspices of the court, after
such court has acquired jurisdiction of the dispute. This
means that the judge shall refer the parties to mediation
after the filing of the last pleading. The mediation shall be
conducted by the Philippine Mediation Center wherein a
neutral third person facilitates the settlement of the
dispute.
Court-Referred Mediation- means mediation ordered by
a court to be conducted in accordance with the Agreement
of the parties when an action is prematurely commenced
in violation of such agreement.
Court-Referred Arbitration- means a court where a
matter is pending before it, which is subject to an
arbitration agreement, refers it to arbitration when one of
the parties requests not later than the pre-trial conference
or both parties agree thereafter.
Early Neutral Evaluation- means an ADR process
wherein parties and their lawyers are brought together
early in pre-trial phase to present summaries of their cases
and receive a nonbinding assessment by an experienced,
neutral person with expertise in the subject in the
substance of the dispute.
Judicial Dispute Resolution- refers to the stage where
the judge acts as a mediator, conciliator, early-neutral
evaluator or a combination thereof. It takes place when the
court-annexed mediation is not successful.
3 STAGES OF COURT DIVERSION
1. Court-annexed mediation-
This is the stage wherein a judge refers
the parities to mediation after the filing of the last
pleading. The mediation shall be conducted by
the Philippine Mediation Center wherein a neutral
third person facilitates the settlement of the
dispute.
When the parties successfully settle
their disputes, they shall create a voluntary
agreement. If they do not settle, the case shall be
subject to JDR.
2. Judicial Dispute Resolution-
This stage takes place when the court-
annexed mediation is not successful. The JDR
judge shall act as a mediator, conciliator, early-
neutral evaluator or a combination thereof. This
happens during the pre-trial proceeding.
 
In case the parties settle, a compromise
drafted. In case they do not settle the case will be
raffled to the trial judge for the conduct of pre-trial
proper up to trial and judgment.
3. Appellate Court Mediation- This takes place
when the case is on appeal before the Court of
Appeals. There are phases in this stage and
these are the following:
a. Selection of cases to be mediated;
b. Resolution to appear;
c. Agreement to mediate;
d. Manner of the mediation
proceeding; and
e. Disposition of the case.
COVERAGE OF CAM OR JDR
1. All civil cases and the civil liability of criminal
cases covered by the Rules of Summary
Procedure, including the civil liability for violation
of BP 22, except those which the law may not be
compromised;
2. Special proceedings for settlement of estates;
3. All civil and criminal cases filed with a certificate
to file action issued by the Punong Barangay or
Pangkat ng Tagapagkasundo under the
Katarungang Pambarangay Law;
4. The civil aspect of Quasi- Offenses under Title 14
of the RPC;
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;
6. The civil aspect of estafa, theft and libel;
7. All civil cases and probate proceedings, testate
and intestate, brought on appeal from the
exclusive and original jurisdiction granted to the
st
1 level courts under section 33 par. 1 of the
Judiciary Reorganization Act of 1980;
8. All cases of forcible entry and unlawful detainer
brought on appeal from the exclusive and original
st
jurisdiction granted to the 1 level courts under
section 33, par. 2 of the Judiciary Reorganization
Act of 1980;
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
st
granted to the 1 level courts under section 33,
par. 3 of the Judiciary Reorganization Act of
1980;
st
10. All habeas corpus cases decided by the 1 level
courts in the absence of the RTC judge, that are
brought up on appeal from the special jurisdiction
st
granted to the 1 level courts under section 35 of
the Judiciary Reorganization Act of 1980;
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CASES THAT SHALL NOT BE REFERRED TO CAM
AND JDR
1. All civil cases which by law cannot be
compromised (NCC 2035);
2. Other criminal cases that are not subject to
mediation (not covered under par 3 to 6 above);
3. Habeas corpus petitions;
4. All cases under RA 9262 (Violence against
Women & Children);
5. All cases with pending application for Restraining
Orders/ Preliminary Injuction;
However, in cases covered under 1, 4 and 5
where the parties informed 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.
CASES SUBJECT TO APPELLATE COURT MEDIATION
1. Cases brought on ordinary appeal or petition for
review;
2. Appeals from final orders, awards judgments or
resolutions of the CTA and quasi judicial
agencies in the exercise of their quasi judicial
function through petition for review or certiorari
that questions a decision for having been
rendered in grave abuse of discretion amounting
to lack of jurisdiction;
3. Special civil actions or certiorari except those
involving pure question of law
4. Habeas corpus cases involving custody of minors
with the consent of the parties provided that the
minor is not detained for the commission of a
criminal offense;
5. Cases cognizable by the Katarungang
Pambaranggay under RA 7160 or offenses
punishable by imprisonment of not exceeding 1
year or a fine not exceeding 5,000 or both.
PURPOSE OF JDR
1. To empower the parties to resolve their own
disputes and give practical effect to the state
policy expressed in RA 9285;
2. To actively promote party autonomy in the
resolution of disputes or the freedom of the
parties to make their own arrangement to resolve
disputes;
3. To put an end to pending litigation through
compromise agreement of the parties
ROLE OF JUDGE:
1. As mediator and conciliator
Judge facilitates the settlement discussions between
parties and tries to reconcile their differences.
 
2. As early-neutral evaluator
Judge assesses the relative strengths and weaknesses of
each party’s case and makes a non binding and impartial
evaluation of the chances of each party’s success.
2 STAGES OF JDR
1. From the filing of a complaint to the conduct of
CAM and JDR during pre-trial stage. The judge to
whom the case has been originally raffled is the
JDR judge.
2. Pre-trial proper to Trial and Judgment stage: The
trial judge.
If JDR fails, who will preside the case? Distinguish if
it is single or a multiple sala court.
If it is a multiple sala court and JDR fails, the case shall be
raffled to another court where the rest of the judicial
proceeding shall be held.
If it is a single sala court and JDR fails, the JDR
proceedings shall be conducted at the station where the
case was originally filed. Trial proper will be conducted by
the judge of the pair court if there is no agreement by the
parties. If the parties agree, it will be the court of origin, the
trial proper will be conducted by the court of origin.
If there is a prayer for provisional remedies, this will be
decided by the court where the case was originally filed.
MID-TRIAL JDR
There can still be JDR during the trial stage proper
MID-TRIAL JDR PROCEDURE:
1. File a written motion in that court stating that one
or both parties indicate willingness to discuss a
possible compromise.
2. If the motion is granted, the trial shall be
suspended and the case shall be referred to JDR.
The case shall be conducted by another judge through
raffle in multiple sala courts.
If it is a single sala court, JDR is conducted by the nearest
court (pair court, if any, regardless of level of the latter
court)
The result of the JDR proceedings shall be referred to the
court of origin for appropriate action
3. If the settlement is reached during JDR, the JDR
court shall take appropriate action thereon.
(either to approve or disapprove the compromise
agreement of the parties and to proceed with
trial)
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ROLE OF LAWYERS IN CAM/JDR PROCEEDINGS CONFIDENTIALITY RULE IN JDR

• Lawyers may attend CAM/JDR proceedings but his The information gathered here are privileged and
role is limited as advisers, consultants. confidential. These are inadmissible as evidence in any
• They must drop their combative role in the other proceeding.
adjudication process. During the conduct of CAM and JDR as to :
• He must give up his dominant role in the judicial 1. matters discussed;
trial. 2. communications made;
• He must accept a less directive role in order to allow 3. requests for mediation; and
the parties more opportunities to craft their own 4. documents presented;
agreement. are privileged and confidential. However, evidence or
information that is otherwise admissible does not become
RESPONSIBILITY OF LAWYERS IN CAM/JDR inadmissible solely by reason of its use in JDR.
PROCEEDINGS

1. Help their clients comprehend the mediation

process and its benefits.
2. Allow their clients to assume greater personal
responsibility in making decisions for the success
of the mediation in resolving the dispute.
3. Assist their clients in preparing a compromise
agreement that is not contrary to law, morals,
good customs, public order or public policy so
that the ca may be approved the court.
4. pay particular attention to issues of voluntary
compliance of what has been agreed upon or
otherwise to issues of enforcement in case of
breach
5. 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.
PROHIBITION ON JDR JUDGE AND COURT
PERSONNELS
JDR judge shall not pass any information in the course of
conciliation and early neutral evaluation to the trial judge
or to any other person. The prohibition includes court
personnel or any other person present during such
proceedings. JDR proceedings are not public hearings,
they are to be conducted in private.
A JDR judge can take down notes during the proceedings
but this is only for his own personal consumption.

SANCTIONS

1. Effect of failure to appear during pre-trial

• It shall be cause for dismissal of the action. The

dismissal shall be with prejudice, unless
otherwise ordered by the court.
• It shall be cause to allow the other party to present
his evidence ex parte and the court to render
judgment on the basis thereof.
2. Reimburement of appearing party of:
• costs
• attorney’s fees: treble the cost

LIFTING SANCTIONS

1. Upon justifiable cause

2. In a hearing for the MR of such sanctions
3. Results: maintained, lifted, set aside or modified
4. Soud discretion of JDR judge

DURATION OF JDR

General rule
First level courts – 30 days from the time the parties first
appeared for JDR (MTC, MCTC,MeTC)
Second level courts – 60 days from the time the parties
first appeared for JDR (RTC)

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