CDA Mediation and Conciliation Procedures

The established procedures are officially designated as the "Procedures for Mediation and Conciliation Cases Before the Cooperative Development Authority."

Conciliation: A process where the CDA-designated conciliator calls parties together, encourages discussion, and assists parties in proposing their own solutions.
Mediation: A more active process where the conciliator (acting as a mediator) helps the parties reach an amicable settlement and may propose settlement solutions.
Mediator/Conciliator: CDA employees designated to conduct mediation/conciliation, preferably legal officers at extension offices or other regional personnel appointed by extension directors.

Requests or complaints must be filed at the nearest CDA Extension Office with jurisdiction over the cooperative.
The complaint must include: names and addresses of complainants and respondents; issues and subject matter; certification that the internal grievance mechanisms have been exhausted (except disputes between primary cooperatives and federations or unions); and a clear prayer for resolution.

Disputes involving internal cooperative affairs: membership rights, meeting procedures, election qualifications, allocation of surpluses and reserves, and other vital operational matters.
Disputes between cooperatives concerning areas of operation or similar inter-cooperative issues.

Violations of specific provisions in Republic Act No. 6938 (Articles 48, 49, 50, 84, 114, 119, 124, Section 3(o)).
Matters involving franchises, licenses, or certificates of public convenience as stated by law.
Criminal cases under the jurisdiction of regular or special courts.

Upon receipt of the complaint, the Extension Office orders the respondent to file comments within fifteen days.

Motions disallowed in these procedures include: motion to dismiss, motion for bill of particulars, motion for extension of time, motion to declare default, and motion for intervention.

Following receipt of comments, a conference notice specifying date, time, and venue shall be issued to all parties.

Mediator/conciliator must have: copies of the 1987 Constitution, Republic Acts 6938 & 6939 and their implementing rules, these procedures, cooperative articles and by-laws, complaint and comments, and other relevant documents.
Appropriate attire required; semi-formal in-office or casual in-field.
Venue must be comfortable and conducive to dispute resolution.

To explore possible settlement/agreement through discussion and clear identification of issues.
Legal counsel presence is not mandatory but permitted near the conference for advice.
The conference is non-judicial and non-adversarial; technical rules and formalities do not apply.
All parties have an equal chance to present views.

The mediator/conciliator records proceedings which shall become part of the case record.

Conferences may be recessed or suspended to allow parties to consult among themselves.
Motions for postponement are not allowed.

Agreements reached are to be written clearly and attested by the mediator/conciliator.
The agreement must be comprehensive to prevent future disputes.
Copies of the agreement will be provided promptly to the parties.

Responsibility continues after agreement to monitor compliance and relationship normalization.

Issued when no settlement is reached after conferences, citing reasons.
Required before filing court actions if mediation/conciliation fails within 3 months.
May be issued due to non-attendance of parties, including relevant details.

All rules, regulations, or issuances inconsistent with these procedures are repealed.

These procedures take effect upon approval by the CDA Board of Administrators on September 12, 2000.