QuestionsQuestions (Republic Act No. 9285)
The State policy is to actively promote party autonomy and encourage the use of ADR as an important means to achieve speedy and impartial justice and de-clog court dockets, with private sector participation, as an efficient alternative procedure for appropriate cases.
It is any process or procedure used to resolve a dispute other than adjudication by a judge or government agency officer, where a neutral third party assists in resolving issues, including arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or combinations thereof.
RA 9285 does not apply to: labor disputes under the Labor Code (PD 442), civil status of persons, validity of marriage, grounds for legal separation, jurisdiction of courts, future legitime, criminal liability, and matters that by law cannot be compromised.
It covers voluntary mediation, whether ad hoc or institutional, other than court-annexed mediation; and mediation includes conciliation.
Mediation information is privileged and confidential; a party, mediator, or nonparty participant may refuse to disclose or prevent disclosure. Confidential information is not subject to discovery and is inadmissible in adversarial proceedings, but evidence otherwise admissible does not become inadmissible solely due to its use in mediation.
The parties; mediator(s); counsel for the parties; nonparty participants; hired/engaged persons connected with the mediation (e.g., secretary/stenographer/clerk/assistant); and other persons who obtain or possess confidential information by reason of their profession.
No. A mediator may not be called to testify to provide information gathered in mediation.
A privilege arising from confidentiality 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 if the waiver relates to the information they provided. Disclosing confidential information precludes asserting privilege over the rest of the information necessary for a complete understanding of what was disclosed.
Examples: (1) mediation communication is evidenced by a record authenticated by all parties to the agreement; (2) communications are available to the public or made during a mediation session open/required by law to be open; (3) communications involve a threat/plan to inflict bodily injury or commit a crime of violence; (4) communications sought to prove abuse/neglect/abandonment/exploitation in cases involving public protection interests; (5) communications sought to prove/disprove claims of professional misconduct or malpractice against the mediator or a party based on conduct during mediation.
Before accepting mediation, the prospective mediator must inquire about known facts likely to affect impartiality (including financial/personal interest and relationships with parties/participants) and disclose such facts to the parties as soon as practical before accepting.
After successful mediation, a settlement agreement must be prepared by the parties (with counsel if any) and the mediator; parties and their counsels sign it; the mediator certifies that the mediator explained the agreement’s contents in a language known to the parties. Optionally, parties may deposit it with the RTC clerk where a party resides; if enforcement is needed, a petition may be filed for summary hearing.
Yes. If the parties so agree in the settlement agreement, the mediator may become a sole arbitrator and the settlement agreement can be treated as an arbitral award, subject to enforcement under the Arbitration Law.
International arbitration proceedings, including records, evidence, and the arbitral award, are confidential and not published except with consent of parties or for limited purposes such as disclosing relevant documents to court when resort to court is allowed; protective orders may be issued to prevent disclosure of secret processes and similar information if the applicant would be materially prejudiced.
A court where an action is brought on a matter subject to an arbitration agreement must refer the parties to arbitration if a request is made not later than the pre-trial conference (by at least one party) or by both parties thereafter, unless the arbitration agreement is null and void, inoperative, or incapable of being performed.
It is Metro Manila, unless the arbitral tribunal, considering circumstances (including convenience of parties), decides on a different place.