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Monaliza D.

Diaz

ADR

Court-Annexed Mediation (CAM)


Court-Annexed Mediation means any mediation process conducted under the auspices
of the court, after such court has acquired jurisdiction of the disputes.

Court-Annexed Mediation, as practiced in the Philippines, is an enhanced pre-trial


procedure that involves settling media table case filed in court with the assistance of a mediator
who has been accredited by the Philippine Supreme Court. The mediator assists party litigants
to identify issues and develop proposals to resolve their disputes. Since
the installation of the JURIS Project in 2003, the process has come to include the Judicial
Dispute Resolution (JDR). Mediation has also moved upward from the trial court level to the
Appeals Court level.

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.

3 STAGES OF COURT DIVERSION


1. During CAM (Court Annexed Mediation), the first stage of court diversion, the judge
refers the parties to the Philippine Mediation Center (PMC) for the mediation of their
dispute by trained and accredited mediators.

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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.

The Guidelines divide judicial proceedings into two stages:

(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.

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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.

Under the Guidelines, the CAM procedure is:


1. Upon filing the last pleading, the judge orders the parties to appear before the
PMC Unit.
2. The parties shall select an acceptable accredited mediator. Otherwise, the
mediator shall be chosen by lot.
3. The mediator starts the mediation and explains the mediation process.
4. With the consent of both sides, the mediator may hold separate caucuses
and/or joint conferences with them.
5. If no settlement is reached at the end of the mediation period, the case is
returned to the referring judge.
6. The mediator has 30 days from the initial conference to complete the
mediation process, extendible for another 30 days upon motion to be filed by the
mediator, with the conformity of the parties.
7. If full settlement is reached, the parties shall draft the compromise agreement
for approval by the court. If compliance has been made, the court shall dismiss
the case upon the submission by the parties of a satisfaction of claim or a mutual
withdrawal of the case.
If partial settlement is reached, the parties will submit its terms for
appropriate action by the court, without waiting for resolution of the unsettled part. The
court will conduct JDR for the unsettled part of the dispute.

The following cases are under the mandatory coverage of CAM


(1) All civil cases and the civil liability of criminal cases covered by the Rule on
Summary Procedure, including the civil liability for violation of B.P. 22, except
those which by law may not be compromised.
(2) Special proceedings for the settlement of estates.

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(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.

The following cases shall not be referred to CAM:


1. Civil cases which by law cannot be compromised, as follows:
Art. 2035. No compromise upon the following questions shall be valid:
(1) The civil status of persons;
(2) The validity of a marriage or a legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts;
(6) Future legitime. (1814a)
2. Civil aspect of non-mediatable criminal cases;
3. Petitions for Habeas Corpus;
4. All cases under Republic Act No. 9262 (Violence against Women and
Children); and
5. Cases with pending application for Restraining Orders/Preliminary
Injunctions.

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.

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