QuestionsQuestions (CDA MEMORANDUM CIRCULAR NO. 2013-20)
The CDA Guidelines are issued pursuant to Article 137 of Republic Act No. 9520 (Philippine Cooperative Code of 2008), and are reinforced by Republic Act No. 9285 (Alternative Dispute Resolution Act of 2004).
They govern the conduct of conciliation-mediation at the primary cooperative level and at the union/federation level, without precluding the parties from choosing other amicable modes of settlement.
Disputes among members, officers, directors, and committee members, including intra-cooperative, inter-cooperative, intra-federation, and inter-federation disputes, as far as practicable, to be settled amicably through mechanisms in the cooperatives’ by-laws and applicable laws.
The matter shall be settled through voluntary arbitration.
A certification from the conciliation and mediation committee and from the cooperative union or federation stating that, despite efforts to settle, the issues have failed.
Their jurisdiction is exclusive and original. Their decisions are appealable to the Office of the President.
A process where a neutral third party takes a vigorous and active role in assisting disputants formulate solutions to reach an amicable settlement.
A process where a neutral third party facilitates negotiation between disputing parties to reach a voluntary, mutually satisfactory outcome.
The committee must have at least three (3) members, appointed by the Board of Directors in accordance with the cooperative by-laws.
Examples include formulating and implementing the program, monitoring processes, submitting semi-annual reports to CDA, issuing a Certificate of Non-Settlement, recommending members for training, and facilitating conciliation-mediation services during their term, among others.
By filing a written complaint with the conciliation/mediation committee.
It must be written and include the names/positions of the parties, their addresses, a narration of facts, and a statement of issues.
To confirm the parties’ interest to enter into conciliation-mediation and to choose the conciliator-mediator.
It is construed as Refused Conciliation-Mediation.
The parties mutually select from the CDA Pool of Accredited Conciliator-Mediators, preferably from within the cooperative and within the area.
A situation when one or both parties refuse to submit to conciliation-mediation or fail to appear despite notice.
They must be completed within thirty (30) days from the start of the conflict coaching.
When no settlement is reached after 30 calendar days from the start of conflict coaching, or when any party or the conciliator-mediator decides to terminate because further efforts are unlikely to resolve the dispute.
Proceedings and related incidents must be kept strictly confidential unless provided by law; admissions/statements made therein are generally not inadmissible for any purpose and are not to be divulged or used as evidence in other proceedings, and the Rules of Evidence do not apply.