Coverage of Disputes
- Applies to disputes among members, officers, directors, committee members.
- Includes intra- and inter-cooperative, intra- and inter-federation disputes.
- Cooperative's conciliation and mediation committee facilitates amicable settlement.
- Failure in conciliation-mediation leads to voluntary arbitration.
- Certification of failed conciliation-mediation required before filing for arbitration.
- Voluntary arbitration’s jurisdiction is exclusive and appealable only to the Office of the President.
- Authority to issue rules governing arbitration as primary dispute resolution mode.
Definitions
- Conciliation: Neutral third party actively helps disputants reach amicable settlements.
- Mediation: Neutral third party facilitates voluntary negotiation between disputants.
- Conciliator-Mediator: Qualified individual providing conciliation-mediation services.
- Pool of Conciliator-Mediators: Accredited group by the Cooperative Development Authority (CDA).
- Conflict Coaching: Stage to clarify issues and interests of the parties.
- Conciliated-Mediated Settlement Agreement: Signed written agreement post-successful conciliation-mediation.
- Certificate of Non-Settlement (CNS): Document issued when conciliation-mediation fails.
- Refused Conciliation-Mediation: When one or both parties refuse or fail to appear at proceedings.
- Party in Interest: Member, officer, committee or cooperative beneficiary or affected by the settlement.
Composition and Functions of Conciliation-Mediation Committee
- Committee composed of at least three members appointed by Board of Directors.
- Members must be in good standing and qualified as per cooperative bylaws and CDA rules.
- Terms typically one year; vacancies filled by Board.
- Functions include developing and monitoring conciliation-mediation program, filing reports, issuing CNS, providing services if mutually selected, and recommending members for training.
Filing and Content of Complaint
- Any party in interest may file a written complaint to the committee.
- Complaint must include names, positions, addresses, facts, and issues involved.
Preliminary Conference
- Confirms parties’ interest to mediate and select conciliator-mediator.
- Notice of conference must be in writing and signed by Secretary.
- Failure to attend without valid cause is considered refusal to mediate.
Selection and Replacement of Conciliator-Mediator
- Mutually selected from CDA Accredited Pool, preferably local.
- Non-accredited individuals may serve with mutual consent.
- Committee members may serve if mutually agreed.
- Parties can request replacement anytime due to loss of confidence or partiality.
Accreditation of Conciliator-Mediators
- Individuals may apply for accreditation.
- Requires completion of training and evaluations prescribed by CDA.
Order of Conciliation-Mediation Proceedings
- Complaint filed at primary or union/federation level.
- For escalated cases, records forwarded instead of refiling.
- Notice of preliminary conference issued.
- Conduct conference to encourage mediation.
- Parties select conciliator-mediator from CDA list.
- Conciliator notifies parties of sessions.
- Conflict coaching clarifies issues and generates options.
- Successful settlement is documented and signed.
- Parties complete evaluation forms.
- Signed settlement may be filed in Regional Trial Court.
- CNS issued within 5 calendar days if mediation fails or parties refuse.
Validity of Certificate of Non-Settlement
- CNS valid for 120 days from issuance.
Nature and Confidentiality of Proceedings
- Proceedings are strictly confidential.
- Statements, admissions, proposals during mediation are inadmissible as evidence.
- No transcripts or minutes allowed; personal notes destroyed after proceedings.
- Rules of Evidence do not apply.
Duration of Proceedings
- Must be completed within 30 days from start of conflict coaching.
Failure of Conciliation-Mediation
- Declared failed if no settlement after 30 days or parties/mediator terminate due to improbability of resolution.
Monitoring and Reporting
- Committees submit semi-annual reports on complaints, disputes, outcomes to CDA within 15 days after semester end.
Ethical Standards
- Practice guided by CDA-prescribed Code of Ethical Standards for Conciliator-Mediators.
Advocacy Measures
- Cooperatives report on conciliation-mediation program status at General Assembly.
- Publication in newsletters on benefits and availability of conciliation-mediation.
Repealing Clause
- Repeals Memorandum Circular Nos. 2007-04, 2007-05, and inconsistent issuances.
Separability Clause
- Unconstitutional provisions do not affect other valid parts of guidelines.
Effectivity
- Guidelines effective upon CDA Board approval and 15 days after publication in Official Gazette.