QuestionsQuestions (Republic Act No. 9285)
The State promotes party autonomy and encourages the use of ADR to achieve speedy, impartial justice, unclog court dockets, provide efficient alternative procedures for appropriate cases, and enlist private sector participation—without prejudice to Supreme Court adoption of ADR systems and rules.
It is any process other than adjudication by a judge or government adjudicative officer, where a neutral third party participates to assist resolution of disputes, including arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or combinations.
Information obtained through mediation is privileged and confidential; parties, mediators, and nonparty participants may refuse to disclose and may prevent disclosure of mediation communications.
No. Confidential information from mediation is not subject to discovery and is inadmissible in any adversarial proceeding (judicial or quasi-judicial), though evidence otherwise admissible does not become inadmissible solely because it was used in mediation.
Those include: (1) the parties, (2) the mediator(s), (3) counsel for the parties, (4) nonparty participants, (5) persons hired/engaged for mediation support (secretary, stenographer, clerk, assistant), and (6) any other person who obtained confidential information by reason of their profession.
A mediator may not be called to testify to provide information gathered in mediation; if wrongfully subpoenaed, the mediator is entitled to reimbursement of full attorney’s fees and related expenses.
Yes. A privilege may be waived in a record or orally during a proceeding by the mediator and mediation parties; it may also be waived by a nonparty participant for the information that participant provided. Disclosure may also waive protection to the extent necessary for a complete understanding of the previously disclosed information.
No privilege exists if: (a) the communication is part of an agreement evidenced by a record authenticated by all parties; (b) it is available to the public or required/open by law; (c) it relates to threats/plan to inflict bodily injury or commit a crime of violence or intentionally used to plan/attempt/commit/ conceal a crime; (d) used to prove/disprove abuse, neglect, abandonment, or exploitation in a proceeding involving a public agency’s protection of an individual (with a limitation if child protection is referred by court/public agency); (e) used for claims of professional misconduct/malpractice against the mediator or a party/nonparty participant based on conduct occurring during mediation.
If a party seeking discovery shows the evidence is not otherwise available and that there is a need for it that substantially outweighs confidentiality interests, after a hearing in camera, the mediation communication may be sought in: (1) court proceedings involving crime or felony, or (2) proceedings to prove a claim/defense sufficient to reform or avoid liability on a contract arising out of the mediation.
A mediator may not report, assess, evaluate, recommend, or communicate findings to a court/agency that may rule on the mediated dispute—except where the mediation occurred/terminated or where a settlement was reached, and as permitted by the Act’s disclosure/conflict-of-interest provisions.
Before accepting mediation, the mediator must inquire reasonably about facts likely affecting impartiality (financial/personal interest; existing/past relationship). Such facts must be disclosed to mediation parties as soon as practical before accepting. If learned after acceptance, the mediator must disclose as soon as practicable.
Chapter 2 covers voluntary mediation, whether ad hoc or institutional, other than court-annexed mediation. Mediation also includes conciliation.
Parties sign the settlement agreement with mediator certification that the contents were explained. If desired, they may deposit it with the RTC clerk of the place where one party resides; if enforcement is needed, a party may file a petition in the same court for summary proceedings under Supreme Court rules.
Yes. Parties may agree in the settlement agreement that the mediator becomes a sole arbitrator and treat the settlement agreement as an arbitral award enforceable under the Arbitration Law.
Excluded are: (a) labor disputes covered by the Labor Code/PD 442; (b) civil status of persons; (c) validity of marriage; (d) grounds for legal separation; (e) jurisdiction of courts; (f) future legitime; (g) criminal liability; and (h) matters that by law cannot be compromised.
If at least one party requests not later than the pre-trial conference (or both parties thereafter), the court should refer parties to arbitration unless it finds the arbitration agreement null and void, inoperative, or incapable of being performed.
Before tribunal constitution, a party may request interim measures from the court; after constitution, requests go to the arbitral tribunal unless it cannot act effectively. Interim measures may prevent irreparable loss, provide security, preserve evidence, or compel appropriate acts/omissions; they may be conditioned on security, are binding, and noncompliance may result in damages.