Question & AnswerQ&A (CDA)
The Cooperative Development Authority (CDA) is authorized to mediate and conciliate disputes within a cooperative or between cooperatives, pursuant to Section 8, Republic Act No. 6938.
If no mediation or conciliation succeeds within three (3) months from the request, a certificate of non-resolution shall be issued by the Cooperative Development Authority before filing an appropriate action in court.
Conciliation refers to a process where a conciliator designated by the Authority calls together the parties involved in a dispute to discuss their differences and assist them in developing their own proposed solutions.
Mediation is a process wherein the conciliator takes a more active role in assisting the parties to reach an amicable solution, possibly submitting his own proposals for settlement.
An employee of the Cooperative Development Authority, usually the Legal Officer assigned to each Extension Office, or other CDA Regional employees appointed by the Extension Director, may act as mediator/conciliator.
The complaint must include: the names and addresses of complainants and respondents; issues and subject matter; certification that grievance mechanisms in the cooperative's bylaws have been exhausted (except between a primary cooperative and a federation/union); and a definite prayer for resolution.
Disputes involving internal affairs of cooperatives such as members’ rights, meeting procedures, election qualifications, and disputes between cooperatives concerning operational areas, among others.
Matters such as violations of specific articles of RA 6938 (Articles 48, 49, 50, 84, 114, 124), issues involving franchises or licenses, non-compliance with other laws as per Article 119, and criminal cases cognizable by regular or special courts are not subject to mediation or conciliation here.
No, motions like Motion to Dismiss, Motion for a Bill of Particulars, Motion for Extension of Time, Motion to declare default, and Motion for Intervention are prohibited under the CDA mediation and conciliation procedures.
No, parties are not required to be represented by legal counsel during mediation or conciliation, though legal counsel may be present nearby to provide advice if needed.
The agreement is reduced into writing, attested by the mediator/conciliator, must be clear and concise, and copies are given to the parties for their records.
The mediator/conciliator must monitor the implementation and compliance of the agreement to ensure normalization of relations between the parties.
The purpose is to see if a settlement or agreement can be reached after thorough discussion of the issues, and to clearly define issues before discussion.
A complaint should be filed with the nearest CDA Extension Office that has jurisdiction over the cooperative involved.