Mediation is a process of settling
disputes with the assisstance of an acceptable, impartial
and neutral third party called a mediator. The mediator
helps parties identify issues and develop proposals
to resolve their disoutes. Once the parties have arrived
at a mutually acceptable arrangment, the agreement becomes
the basis for the court’s decision on the case.
This form of mediation is also known as court-annexed
mediation since the case has already been filed in court.
Judicial Dispute Resolution (JDR) is another innovation
in the Philippine court system. When court-annexed mediation
fails, the case is brought to the judge who then acts
as a conciliator, a neutral evaluator and a mediator.
The judge will try to mediate the case. If the judge’s
intervention as a mediator succeeds, the case is concluded
with a judgment based on a compromise. If the dispute
is still unresolved, then the case is referred to another
judge for trial. Both parties must now be prepared for
litigation. |