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Diaz
ADR
COURT ANNEXED MEDIATION, we refer to a case already filed in court and the
court has already acquired jurisdiction over the parties as well as the subject matter and
the issues.
COURT DIVERSION
So when we say court annexed mediation (CAM) as well as JDR, It refers to
COURT DIVERSION because:
1. it is intended to put an end to a pending litigation though a compromise agreement -
In both CAM and JDR, usually, the parties will compromise the agreement.
2. Under RA 9285, it is intended to empower the parties to resolve their own disputes.
1
2. If CAM fails, the second stage, called the JDR (Judicial dispute resolution), is
undertaken by the JDR judge, acting as a mediator-conciliator-early It is the mediation
but the JDR is conducted by the judge. It is conducted by the JDR Judgeits role is
that the neutral evaluator JDR Judge becomes the mediator, conciliator and early
neutral evaluator in order to secure a settlement.
3. The third stage is during appeal, where covered cases are referred to ACM
(Appellate court mediation)
PMC(CA)
Helps facilitate successful mediation by providing administrative and operational
support services.
(a) from the filing of a complaint up to the conduct of CAM and JDR during the pre-
trial stage; and
(b) from the pre-trial proper up to trial and judgment.
In both CAM and JDR, the court or any party may move to sanction a party who
fails to appear or any person who engages in abusive conduct during the
proceedings. Sanctions may include censure, reprimand, contempt or requiring
the absent party to reimburse up to treble the cost of the appearing party.
A representative of a party who is unable to attend in person:
must be fully authorized to appear, negotiate.
enter into a compromise without need of further approval by or
notification to the authorizing party.
With respect to corporations, partnerships, or other juridical entities, the representative
must also be a ranking corporate officer.
The Guidelines emphasize that both CAM and JDR are confidential.
Any information or communication made or received is inadmissible as evidence
in any other proceeding.
2
JDR judges and all court personnel or any other person present during the
proceeding are prohibited from passing information obtained in the course of
conciliation.
Early neutral evaluation to the trial judge or to any other person.
3
(3) All civil and criminal cases filed with a certificate to file action issued by the
Punong Barangay or the Pangkat ng Tagapagkasundo under the Revised
Katarungang Pambarangay Law
(4) The civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code;
(5) The civil aspect of less grave felonies punishable by correctional penalties
not exceeding 6 years imprisonment, where the offended party is a private
person;
The Philippine Congress has shown interest in Court-Annexed Mediation as an
alternative mode of dispute resolution.
However, in cases covered under 1, 4 and 5 where the parties inform the court
that they have agreed to undergo mediation on some aspects thereof, e.g.,
custody of minor children, separation of property, or support pendente lite, the
court shall refer them to mediation.