March 18, 2014 JDR

What is Judicial Dispute Resolution? It is a mode of settling dispute. Actually, this is one of the modes of ADR. It is a process where a neutral third person who is a judge, who assist the parties in arriving at the settlement of their dispute and put an end to the litigation. When does JDR take place? What is the purpose of JDR? What are the three stages of diversion? When does CAM take place? What role does the judge take during the JDR process? What is a neutral evaluator, conciliator or mediator? What is the 3rd stage of diversion? What are those cases that can be referred to mediation even on appeal? So CAM is conducted after the court acquires jurisdiction, so specifically what stage of the case does the court conduct CAM? So it is conducted during the pre-trial stage. The 3 stages of diversion are: Court-Annexed Mediation Judicial Dispute Resolution -both of these stages happen during the pre-trial stage of the case. 3. Appellate Court Mediation -which takes place after the trial and while the case is brought on appeal. Under the JRD rule, what is this two-judge system? Is it necessary that the JDR and Trial judge be the same person? Why? What is your basis? When does the court refer the case to mediation? What if during the mediation the parties settle, what happens to the case? So if parties settle, a compromise agreement will be drafted which still required to be approved by the court before the case will be dismissed. Take note that a compromise agreement shall NOT be contrary to law, morals, public order or public policy. What if parties during mediation did NOT settle, what will happen to the case? So they will proceed to JDR before the JDR or the judge whom the case was originally filed. Now, what if during JDR stage, parties settled, what happens to the case? So they will enter in a compromise agreement and that same agreement will be submitted to the court for approval. AFTER it is approved by the court, they will file in the court satisfaction of claims if all of the terms of the agreement are already complied.

What if the parties failed JDR, what will happen to the case? So they will proceed to trial and the case will be re-raffled to another court and another judge will conduct the trial proper until the rendition of judgment. So if theres NO agreement to maintain the JDR proceedings and the trial at the court of origin, JDR proceedings will be conducted by the judge of the pair court, if any, otherwise, by the judge of nearest court as determined by the concerned Executive Judge. TAKE NOTE ha, itong mga single sala court usually sa mga Munisipyo, sa mga Municipal Trial Courts or Municipal Curcuit Courts. Usually sa cities, Multiple Sala Courts tayo. So pagfailed ang JDR, it will be conducted by another judge, NOT the pairing judge, through a re-raffle. Is JDR allowed during trial, is MID-TRIAL allowed? Is MID-TRIAL allowed in single sala courts? what is the procedure? Based on my experience, pagJDR, present yung lawyers at parties, the lawyers are allowed to attend JDR proceedings so that they can assist the parties in arriving at the settlement. Take note that all JDR proceedings and information gathering are strictly CONFIDENTIAL. If corporate party litigants, who are allowed to attend? So as authorized by the Board of Directors. Ok parties enter into compromise agreement and that compromise agreement is submitted to the court for its approval. So basically what are the CONTENTS of the decision of the court in approving that agreement? Take note that the decision of the court shall contain the statement that the decision was achieved through JDR. What are the SANCTIONS in case of failure of the parties to appear during JDR proceedings? What are those sanctions under RULE 18? TAKE NOTE of the duration of the JDR: if it is for 1ST LEVEL COURTS, its 30 days from the time the parties first appeared for JDR. 2nd level courts like RTC, 60 days from the time the parties first appeared for JDR. But upon DISCRETION of the JDR judge, a longer time may be granted IF there is high probability of settlement and upon joint written motion of the parties. Can there be a PARTIAL settlement of the case during JDR? YES! So there can be partial settlement. So what happens to the unsettled portion? So the UNSETTLED portion of the dispute shall proceed on the trial of the merits upon joint motion of the parties and it can be re-raffled to other courts in case of multiple sala courts or back to court of origin. How about criminal cases? The civil aspect? So it will be the public prosecutor who will move for the dismissal of the case. It is said that the information gathered during the JDR proceedings are strictly CONFIDENTIAL AND PRIVILEGED, what are those MATTERS?

How about the lawyers responsibilities during the JDR proceedings? How about attorneys fees, can that be stipulated in the compromise agreement? Moral damages, can that be subjected to compromise agreement?

The 3rd stage of diversion is Appellate Court Mediation: what are the CASES that can be subject to ACM? How about cases that CANNOT be mediated before the ACM? What are those cases that can be SUBJECT TO JDR? So cases NOT to be referred to CAM: 1. Civil cases which by law CANNOT be compromised 2. Other criminal cases NOT covered under par. 3 to 6 3. Habeas corpus petitions 4. ALL cases under RA 9262(VAWC) 5. ALL cases w/ pending application for restraining orders/preliminary injunctions TAKE NOTE, if it is RA 9262, the parties can request the court and they can agree to undergo settlement or mediation or JDR as regards the 1. custody of their minor children, 2. separation of their property or 3. support pendente lite, so limited to those 3 aspects only. So, that is basically JDR!!!!