EARLY NEUTRAL

EVALUATION
by:

EXEC. JUDGE DIVINA LUZ P. AQUINO-SIMBULAN

RTC, City of San Fernando, Pampanga
 NEW ROLE OF JUDGES IN JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)

Judge as a MEDIATOR;

Judge as a CONCILIATOR;

Judge as a NEUTRAL EVALUATOR;

COMBINATION of any of the above

 MEDIATION
Mediation process where JDR judge assists
parties to negotiate with goal of reaching
settlement that reasonably satisfies parties
needs and objectives (essentially, assisted
negotiation)
Facilitative
Nothing binding until settlement reached
Strengths - Cheap & quick; fosters positive
communication; helps maintain or restore
relationship of disputants
 CONCILIATION

Conciliation process where

JDR judge persuades
parties to reconsider their
reluctance to compromise
NEUTRAL EVALUATION
Neutral Evaluation - process
where JDR judge assesses the
relative strengths and
weaknesses of each partys
case and makes a non-binding
and impartial evaluation of the
chances of each partys
success in the case
 NEW ROLE OF JUDGES IN JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)

TWO-JUDGE SYSTEM
(TWO STAGES IN JUDICIAL PROCEEDINGS )

JDR JUDGE - handles case from filing of complaint to

CAM and JDR during pre-trial stage (N.B. All incidents or
motions filed during the first stage shall be dealt with by the JDR
judge. If JDR is not conducted because of parties failure to appear,
JDR judge may impose appropriate sanctions & shall continue with
the proceedings of the case.)

TRIAL JUDGE - presides over pre-trial proper, trial, and

renders decision
NEW ROLE OF JUDGES IN JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)

GENERAL RULE
JDR judge shall not preside
over the trial of the case
when parties did not settle
their dispute at JDR
 ADR ACT OF 2004 (R.A. NO. 9285)

State policy to actively promote PARTY

AUTONOMY in the resolution of disputes or the
FREEDOM OF THE PARTIES TO MAKE THEIR
OWN ARRANGEMENT TO RESOLVE
DISPUTES. Towards this end, the State shall
encourage & actively promote the use of
Alternative Dispute Resolution (ADR) as an
important means to achieve speedy and impartial
justice and de-clog court dockets.
 PHILIPPINES
Adopts FACILITATIVE
mode rather than
EVALUATIVE based on
state policy of the ADR
Act
FACILITATIVE
Terms and
conditions of
settlement - FROM &
BY the PARTIES
 EVALUATIVE
Terms and conditions
of settlement -
INFLUENCED by JDR
judge
 FACILITATIVE
Compliance of
parties to terms and
conditions of
settlement VERY
HIGH
 EVALUATIVE
Compliance of parties to
terms and conditions of
settlement MAY BE
PROBLEMATIC
FACILITATIVE
JDR judge
moral
ascendancy
 EVALUATIVE
JDR judge
judicial persuasion or
coercion?
(N.B. different evaluation of judges
stability of judicial system)
WHEN TO CONDUCT ENE

as LAST RESORT
during PRIVATE
CAUCUS
FACTORS TO CONSIDER
IN ENE
appropriate
LANGUAGE/WORDS
emphasize STRENGTHS of
ABSENT PARTY but
WEAKNESS of PARTY
PRESENT in private caucus
FACTORS TO CONSIDER
IN ENE
mastery of applicable
LAW,
JURISPRUDENCE, &
AVAILABLE EVIDENCE
 EARLY NEUTRAL
EVALUATION
even if parties settled based
on the Early Neutral
Evaluation conducted by the
JDR judge, parties must feel
that the solution to the
problem CAME FROM THEM
THANK YOU