During mediation proceedings, the mediator will have to monitor and analyze what is happening, set the order of discussion and keep track of time, distinguish the real issues behind the conflict, manage the interaction and facilitate communication. He or she must be able to patiently hear both sides of the story without judgment and help each side understand the other’s perspective. The mediator will then be able to offer positive suggestions or options that will help resolve the problem.

To become a mediator, one must be at least 30 years of age with a bachelor’s degree. Proficiency in oral and written communication in English and Filipino is also required.

The prospective mediator must also possess a good moral character and willingness to learn new skills and be of service to the public.

Qualified applicants must complete mediation seminar-workshops and pass a written exercise to test their proficiency in oral and written communication from the Philippine Judicial Academy (PHILJA).

PHILJA can also request mediation training services from other organizations or individuals. Each applicant must be certified to have finished the training and evaluated on their overall performance. On the basis of the report, PHILJA will submit a list of recommended mediators for accreditation to the Court. If approved by the Court, the accreditation is effective for two years.

The prospective mediator must submit the following
to PHILJA:

• curriculum vitae with 2x2 photo
• college school records;
• National Bureau of Investigation/police clearance;
• certificates of good moral character from two persons not related to the applicant.

PHILJA will then administer a written comprehension exam and interview and evaluate each applicant. Qualified applicants are then scheduled for training.

PHILJA is located at the third floor of the Supreme Court of the Philippines Centennial Building, Padre Faura, Manila. For provincial applicants, applications may be filed with the Executive Judge of the Regional Trial Court.

Cases for mediation are referred to the Philippine Mediation Center (PMC) unit located in the courthouse or near the premises of the trial court. The Daily Supervisor (DS) of the PMC unit will present a list of accredited mediators. If you can not agree on a mediator, the DS will assign one and notify the trial court which will then confirm the appointment of this chosen mediator.

No. However, the mediator may ask for assistance from another accredited mediator, only upon the disputing parties’ permission. The name of the comediator must also be submitted to the trial court for confirmation.

Your lawyer remains a valuable counsel and partner in mediation proceedings. They can attend mediation sessions with you. They will be expected to provide legal assistance to you and the mediator in drafting the necessary papers. Your lawyer must help you fully understand and appreciate the rules and process of mediation. Ask them to explain the difference of litigation from mediation, the advantages of the procedure, possible bargaining options, your role in the process and likely alternatives to a negotiated agreement.

Your lawyer may take a little less active role in a mediation session than in a courtroom. In mediation, you will take responsibility for making decisions.

But when matters in the discussion put you at a disadvantage and if the mediator does not seem to be doing enough to settle the imbalance, you will want your lawyer to participate more actively. When necessary, your lawyer may even call a recess to give you advice or suggestions in private.

Lawyers in mediation will also assist the mediator in putting into writing the terms of the compromise agreement or a withdrawal of the complaint or a satisfaction of claim so that it may be approved by the trial court for judgment.

The pre-trial judge will rule on the compromise agreement you reached through mediation. If court-annexed mediation fails in your case, the pretrial judge takes on the role of conciliator, neutral evaluator and mediator.

The judge will sit down with counsel and their parties to hear a summary of the case and will attempt to conciliate the differences between the parties. As a neutral evaluator, the judge will be free to express his or her views on the chances of each party in the case. At this point, if the parties agree to reconsider and undergo mediation, the judge will facilitate the settlement as a mediator.

If the parties still refuse mediation, however, the judge will then issue an order referring the case to another judge. The order will specify that both court-annexed mediation and JDR have failed.

While individual parties are encouraged to personally appear in mediation proceedings, you can still authorize a representative to speak for you, whether it’s your spouse, sibling, doctor, friend, daughter, son or lawyer. But they must be fully authorized to appear, negotiate and enter into a compromise by a Special Power of Attorney.

Children are not required to attend the mediation sessions, because they normally are represented by their parents. However, if the resolution of the case would require a consultation with minor children, then they may be allowed in the mediation session.

You have to inform the mediator immediately if there are such incidents of domestic violence in your case. In these instances, the case has to be sent back to court for trial, due to the disadvantage of the woman in such a relationship.

A corporation, through a board resolution, must fully authorize their representative to appear, negotiate and enter into a compromise.

You can report the incident to the PMC coordinator or file a complaint against a mediator to a threemember Grievance Committee, composed of a member of the PHILJA ADR Subcommittee, a Supervisor and a Mediator; and appointed by the PHILJA Chancellor.

During the investigation, the mediator concerned may be placed in preventive suspension. The Supreme Court has the discretion to impose additional and appropriate penalties against the erring mediator depending on the severity of the action.