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[A.M. No. 02-2-17-SC.April 16, 2002]
RE:PILOT TESTING OF MEDIATION IN THE CA
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated 16 APR 2002.
A.M. No. 02-2-17-SC(Re:Pilot Testing of Mediation in the Court of Appeals.)
For resolution is the request of the Philippine Judicial Academy (PHILJA) to allow the pilot testing of mediation proceedings in the Court of Appeals with the following objectives: "(a) to prove the viability of mediation if appealed cases before the Court; (b) to test the rules governing the mediation process in appealed cases before the Court; and (c) to discover the most efficient manner to implement the mediation program." For this purpose, the PHIILJA proposed the following rules to govern the mediation process, viz:
"x x x
2.COURT OF APPEALS SETTLEMENT MONTH
A month of the year, preferably May 2002, shall be set aside for the purpose of pilot-testing the efficacy of Mediation for settling disputes in the Court of Appeals, which shall be known as "Settlement Month."
3.COVERAGE
With the exception of criminal cases, habeas corpus petitions and cases with pending application for restraining orders/preliminary injunctions, unless in the last case both parties consent to mediation, the following cases shall be referred to mediation provided that the parties all come from the National Capital Region, Regions III, and IV:
a.Civil cases brought on ordinary appeal with:
(i)��� both appeal briefs filed; or
(ii)��� only the appellant's brief filed; or
(iii)�� with no appeal briefs filed but with memoranda filed before the lower court.
b.labor cases;
c.special civil actions; and
d.other cases, e.g., high impact economic cases
Civil cases brought on ordinary appeal without the appellant's brief or memoranda shall not be referred to mediation.
4.SELECTION OF CASES AND RESOLUTION TO APPEAR
Each Justice shall select one case for each category of the covered cases in Section 3 above. The Justice, with the concurrence of the other members of the Division, shall issue a resolution directing the parties, with or without counsel, to appear before the concerned Division of the Court of Appeals to consider the possibility of mediation.
This Resolution shall have the following attachments:
a.Brochure of the Mediation program; and
b.Guidelines for the Pilot Testing of Mediation.
5.RESOLUTION TO MEDIATE
Should the parties agree to mediation, the Court shall issue a Resolution to Mediate, in a form provided for the purpose, which shall contain the following:
a.Statement that the case is placed under mediation;
b.Directive to parties/counsel to immediately appear before the Philippine Mediation Center at the Court of Appeals Auditorium to choose the Mediator and to set the time and date of the initial mediation conference;
c.Suspension of the appellate proceedings from the date of the Resolution to Mediate until the end of the Settlement Month.
A copy of the Resolution to Mediate shall be furnished the Philippine Mediation Center (PMC)/Philippine Mediation Foundation Inc. (PMFI) together with the following documents:
a.Appeal briefs or, if no appeal briefs are filed, memoranda; and
b.Decisions or Orders of the lower court/tribunal being appealed.
6.SCHEDULE OF MEDIATION
All initial mediation conferences shall, as much as practicable, be held within the first ten (10) working days of the Settlement Month.
The Mediation shall endeavor to complete the mediation within the Settlement Month. If significant progress toward settlement has been achieved and an extension of time to mediate will most likely result in a successful settlement of the case, the parties/counsel may, with the concurrence of the Mediator, file with the Court a joint motion for extension. The Court, in its discretion, may grant the extension for a period not exceeding thirty (30) days.
7.PARTY PARTICIPATION
Individual party litigants are required to attend all mediation conferences in person. Corporate litigants shall attend mediation conferences though a representative duly authorized to enter into an amicable settlement.
8.VENUE OF MEDIATION CONFERENCES
The mediation conferences shall be conducted in separate sites within the vicinity of the Court of Appeals. For parties/counsel located outside Metro Manila, mediation conferences may be conducted in selected provinces depending upon the volume of cases and the availability of resources of the PMC/PMFI.
9.CONFIDENTIALITY
All matters discussed, communication made and documents presented during the mediation conferences shall be privileged and confidential, and the same shall be inadmissible as evidence for any purpose in any other proceeding.
10.QUALIFICATIONS OF MEDIATORS
Retired justices and judges, senior members of the bar and senior law professors who have creative problem-solving skills and a strong interest in mediation, after undergoing orientation/training, may be accredited by the Supreme Court for this pilot testing.
11.RECRUITMENT OF MEDIATORS
The Court of Appeals and the PMC/PMFI shall suggest one hundred (100) prospective mediators. Invitations will be sent to the prospective mediators describing the mediation program and inviting them to participate as mediators. Once the invitation is accepted, training in mediation shall be given. There shall be no other requirement than completion of the mediation training.
12.TRAINING OF MEDIATORS
A two (2) part training is envisioned to cover both basic and advance mediation, Filipino values and behavioral attitudes, business and corporate culture.
13.DISCLOSURES
The Mediator shall refrain from participating in the Mediation of any dispute if he/she perceives that participation as a Mediator will be a clear conflict of interest. The Mediator shall also disclose any circumstance that may create or give the appearance of a conflict of interest and any circumstance that may raise a question as to the Mediator's impartiality.
The duty to disclose is a continuing obligation throughout the process. In addition, if a Mediator has represented either party in any capacity, the Mediator should disclose that representation.
A Mediator shall disclose any known, significant current or past personal or professional relationship with any party or attorney involved in the mediation and the Mediator and parties should discuss on a case-to-case basis whether or not to continue.
After the Mediator makes his disclosures, and a party does not seek inhibition, the Mediator shall continue as such.
No Mediator shall have any interest in any property, real or personal, that is the subject matter of the case referred to him/her for mediation. He/She may not offer to purchase or to sell such property, whether at the inception, during, or at any time after the mediation proceedings, either personally or through other parties.
14.AUTHORITY OF MEDIATOR
Mediators shall have full discretion in the conduct of mediation, including the manner and flow of discussions as well as the calling of caucuses. Mediators may terminate mediation at any time when they see that the parties are not interested to settle. During the conference, the Mediator, may:
a.inform the parties of the rules and procedures of mediation;
b.analyze the strength and weaknesses of each party's position;
c.assess the risks and costs of continuing the litigation;
d. draw out the parties' underlying interests behind the legal issues and explore common ground for settlement;
e.suggest options for parties to consider; and
f.if practical or necessary, to seek the assistance of a co-mediator to asses the strength and weaknesses of each party's case."
The request of the PHILJA has been referred to the Committee on Revision of the Rules of Court which favorably endorsed the same.
IN VIEW WHEREOF , the Court approves the request of PHILJA to allow the pilot testing of mediation proceedings in the Court of Appeals which shall be governed by the rules above-quoted. The project shall be headed by the Philippine Mediation Center but shall be under the control and supervision of the Court of Appeals which shall provide the necessary staff and logistical support. The Court of Appeals may call for such technical assistance as may be needed from appropriate agencies.
Davide, Jr., C.J., Melo, Kapunan and Martinez, JJ., are abroad on official business.
Very truly yours,
(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court
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