Question & AnswerQ&A (CDA MEMORANDUM CIRCULAR NO. 2013-20)
The Guidelines govern the conduct of conciliation-mediation proceedings at the primary cooperative as well as union/federation level, but parties may still seek other modes of amicably settling disputes.
They apply to disputes among members, officers, directors, and committee members, and intra-cooperative, inter-cooperative, intra-federation or inter-federation disputes intended to be settled amicably.
The Committee facilitates amicable settlements of disputes, issues Certificates of Non-Settlement, provides conciliation-mediation services, submits reports to the Authority, and performs other duties as authorized by by-laws or assembly resolutions.
The dispute shall be settled through voluntary arbitration, but before filing a complaint for arbitration, the parties must secure a Certificate of Non-Settlement from the conciliation-mediation committee and the cooperative union or federation.
Conciliation is where a neutral third party actively assists disputants to formulate solutions for amicable settlement, while mediation is where a neutral third party facilitates negotiation between the parties to reach a voluntary and mutually satisfactory outcome.
Any member in good standing who meets the qualifications and has none of the disqualifications provided in the cooperative bylaws and pertinent issuances of the CDA.
Members may serve for one year or as provided by the cooperative bylaws; vacancies must be filled by appointment by the Board of Directors.
The complaint must be in writing and contain the names, positions in the cooperative, addresses of the parties, a narration of facts, and a statement of issues.
The disputants mutually select the Conciliator-Mediator from the Pool of Accredited Conciliator-Mediators, preferably from the cooperative and within the area; replacement can be requested anytime due to loss of confidence or partiality.
It is construed as Refused Conciliation-Mediation, and the Conciliation-Mediation Committee may issue a Certificate of Non-Settlement.
It is a document issued by the Conciliation-Mediation Committee in case of failed or refused conciliation-mediation, valid for 120 days from issuance.
Yes, all proceedings are confidential, and statements or admissions made during conciliation-mediation are inadmissible as evidence in other proceedings.
Within thirty (30) days from the start of conflict coaching.
The cooperative must report the status of the program in General Assembly meetings and provide articles or communications about the availability and benefits of conciliation-mediation to members.