Ombudsman mediation rules for complaints

Applies to all complaints, grievances, or assistance requests cognizable by the Ombudsman suitable for mediation.
Covers public officials/employees complaints and related private individuals involved.

Complaint: Any allegation of unreasonable, unfair, illegal, or improper acts subject to mediation.
Director: Head of Public Assistance Bureau or counterpart in sectoral/area offices.
Evaluating Officer: Authorized official to assess mediation appropriateness.
Filing: Submission of complaint or grievance in any form.
Mediator: Trained personnel facilitating voluntary mediation.
Party: Person participating and consenting to mediation.
Settlement Agreement: Written mutually agreed resolution signed by parties and mediator.
Several other terms clarified including private caucus, representative, resident ombudsman, and successful mediation.

Complaints may be oral, written, or electronic but must include contact details.
Suitable cases include those involving administrative offenses with mild penalties, certain criminal cases with penalties under six months or fines under P1,000, disputes under local government code, and others.
Only civil aspects may be compromised during mediation; criminal/administrative matters discussed for clarity.

Initial evaluation within two working days to assess mediation suitability.
Approved mediation cases docketed with specific codes per region or office.
Assignment to mediator via raffle system; Resident Ombudsman cases mediated by designated resident staff.
Initial conference scheduled within 10-30 calendar days depending on participants’ location.
Parties sign mediation agreement consenting to rules.
Mediation may be extended once, not exceeding 30 additional days.
Failure to appear or failure to settle leads to termination and referral for appropriate action.

Parties must appear personally or through authorized representatives with full authority.
Legal counsel may accompany but shall not actively participate; consultation allowed.

Mediator selected by raffle; Evaluating Officer cannot mediate cases they evaluated.
Immediate disclosure required if mediator has potential bias.
Mediator facilitates negotiations; cannot make rulings or recommendations.
May conduct joint sessions or private caucuses but no ex parte meetings without notice.

All mediation proceedings strictly confidential; no formal records or recordings allowed.
Mediator’s personal notes are private and to be destroyed after proceedings.
Confidentiality discussed in initial conference covering scope and private caucus.
Confidential information privileged, not subject to discovery or admissibility in court except in specified exceptions.
Exceptions include authenticated settlement agreements, public information, threats of violence, or claims of professional misconduct.
Waiver of confidentiality privilege can occur with consent.
Mediators prohibited from reporting on mediation content except status or as exception allows.

Pending cases before resolution can be endorsed for mediation.
Mediation pauses the timeline for investigation or adjudication.
Settlement leads to provisional dismissal with revival period not exceeding 90 days.
Failure to settle resumes normal case proceedings.

Mediation ends upon withdrawal by a party, execution of settlement, or failure to reach agreement.
Only one reopening motion allowed subject to approval.

Established under Assistant Ombudsman to monitor and evaluate mediation program.
Maintains roster and training programs for mediators.