SETTLEMENT TECHNIQUES

In order to facilitate the speedy and collaborative ends of amicable settlement in the
barangay level through the intervention of the Lupong Tagapamayapa Office settlement
techniques in the operation of the barangay justice services are practiced. These techniques are
made before, during and post termination of the settlement proceedings.

A. BEFORE THE HEARING, RIGHT AFTER THE FILING OF THE CASE

1. The Lupon Chairman investigate the background of the parties in

order to understand their cultures and verify the parties individual
claims such as parties’ occupation, family composition, economic
status and history and the perspective of the party to his or her
adversary.

2. In case of Pangkat Tagapagkasundo level of proceeding, the conciliation

panel met with the Lupon Chairman about the information of the
parties and their above backgrounds to consume ideas and adjust
their respective techniques settling the dispute.

3. The Mediator/Conciliation Panel and the Lupon/Pangkat Secretary conducts

a meeting before proceeding to the settlement proper in order to
set expectations of the possible outcomes of the hearing.

4. Mediator/Conciliation Panel also inquire the neighbors especially

members of the storeowners association regarding the necessary
information and background of the incident causing the dispute.

B. DURING HEARING

1. The Mediator/Conciliation Panel starts the Settlement Procedure with an

Invocation or Prayer in order for the respective individual’s minds
and hearts implore and ponder with spiritual love, compassion,
respect and understanding to one another.

2. The Mediator/Conciliation Panel and the Secretary follows the Order of

Business in the conduct of the Settlement Proceedings, to wit:

I. INVOCATION
II. READING OF THE CASE
III. APPEARANCES OF PARTIES
IV. OPENING STATEMENT
V. READING OF RULES OF DECORUM
VI. STATEMENT OF CLAIMS AND ANSWERS
1. Claim of the Complainant
2. Answer of the Respondent
VII. MEDIATION/CONCILIATION
 1. Prayer/Demand of the Complainant
2. Response of the Respondent
3. Determination of Agreements/Compromise
VIII. STATEMENT OF SETTLEMENT
IX. AJOURNMENT

This procedure is not that like of formal procedure but at least there is an
order of settlement for easy determination of issues and avoid confusion during
compromise proper.

2. The following Rules of Decorum are observed during the hearings:

Rules of Decorum in the Conduct of Katarungang Pambarangay Proceedings

1. Each parties involved in the dispute must agree to participate in Lupong Tagapamayapa process.
2. Each parties involved have equal rights and participation during the hearing.
3. Each party are given the opportunity to be heard with full liberty in asserting their claims and
responses.
4. Discriminatory and defamatory words are prohibited during the hearing.
5. The mediator/ conciliation panel shall be impartial.
6. Each parties shall speak in a desirable tone of voice.
7. All parties involved have the right to express their views and present their evidence without
interferences.
8. Result of the settlement during the hearing should be based on the consensus, ensuring that all
parties agree on the resolution/ compromise agreement.

By reading and observing the Rules of Decorum the parties are

bound to act in a manner which is civil and composed in order to avoid
heated argumentation between parties.

3. Whenever parties cannot be settled during the first mediation or

conciliation, Mediator/Conciliation Panel sincerely request a third party (such
as respected members of the family) related to either party to provide
insights and advisement to concerned party. The ascendancy of this
person, which a party owes candor and respect, acts as third person
that will compel the party to arrived in the amicable settlement of
conflict.

4. During the Opening Statement the Lupon/ Pangkat Chairman

explains the nature of the case, elements of the crime, liabilities and
violation of rights based only on the law/ rule/ regulation violated.
In this scenario the Mediator/Conciliation Panel, explains that the
respondent that the complainant filed such case in order to seek a
good faith and friendly venue to confront the respondent. Likewise, the
complainant is elucidated that the presence of the respondent during
the hearing admits to settle the case in a manner to clarify its point
and justify the causes of his or her action.
The Mediator/Conciliation Panel also provide them with insights on
the expensive and tiresome situation whenever they opt not to settle
and file the matter directly to regular courts. Hence, fulfilling the
purpose of barangay justice system in the aid to clear court dockets.
 5. All the sentiments and grievance of parties are exhausted until
such time that parties had fully explained themselves, expressed their
emotions and other responses relative to the case during the
Statement of Claims.
6. Three way communication is made during the Medication/
Conciliation Proper. Here the Mediator/Conciliation Panel entertains only
the demand of the complainant and the reply of the respondent to fulfil
such demand. No expression of ill-feelings to another is entertained. If
parties were already amenable an Agreement or Compromise is made.
Whenever a party disagree to one or other demands
Mediator/Conciliation Panel stream line the issues based on the
capability of parties to fulfill and attain the respective offer.

7. The Mediator/Conciliation Panel the sums up the issues in the

Statement of Settlement and the Secretary reads and explain in the
manner and dialect known to them the provisions of the agreement.
After parties had already signed the Settlement Agreement a gesture of
handshake is encouraged by the Mediator/Conciliation Panel and
advise parties to fulfill their respective obligations based on the
agreements and not to hold grudges to one another as part of
Adjournment.

8. Snacks were also given to each party in order to secure their

feeling of gratitude in order subconsciously secure their confidence to
reluctantly refuse in settling the case amicably.

C. AFTER THE TERMINATION OF THE CASE

After the termination of the Amicable Settlement, the Lupong Tagapamayapa

members monitor the parties. Any incidents relative to the involving the same
parties, the same subject matter and those provision obtained in the amicable
settlement are monitored by the lupon members assigned in the area where
the party resides.

The technical assistance of the Municipal Legal Office and the Municipal
Local Government Operations Officer provided additional insights in the
effectual delivery of basic barangay justice services after each hearing.