Mandatory Coverage for Court-Annexed Mediation (CAM)

Mandatory Coverage for Court-Annexed Mediation (CAM)

• Voluntary mediation, or mediation entered into by agreement of the parties, is not obligatory.

• However, CAM, which is mediation done under the auspices of the court, is mandatory in certain cases, after a court has acquired jurisdiction over a case.

• Thus, pursuant to AM No. 01-10-5-SC-PHILJA, it is mandatory for an enumeration of cases to be referred to CAM during the pretrial stage of court proceedings


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 BP 22, except those that by law may not be compromised;

2. special proceedings for the settlement of estates;


3. all civil and criminal cases filed with a certificate to file action issued by the Barangay chairman or the Settlement Council under the Revised Katarungang Pambarangay Law (under the Local Government Code);

4. the civil aspect of quasi-offences under title 14 of the Revised Penal Code;


5. the civil aspect of less grave felonies punishable by correctional penalties not exceeding six years’ imprisonment, where the offended party is a private person;

6. the civil aspect of fraud, theft and libel;


7. all civil cases and probate proceedings, testate and intestate, brought on appeal from the exclusive and original jurisdiction granted to the first level courts under section 33(1) of the Judiciary Reorganisation Act of 1980 (BP 129);

8. all cases of forcible entry and unlawful detainer brought on appeal from the exclusive and original jurisdiction granted to the first level courts under section 33(2) of BP 129;


9. all civil cases involving title to or possession of real property or an interest therein brought on appeal from the exclusive and original jurisdiction granted to the first level courts under section 33(3) of BP 129; and

10. all habeas corpus cases decided by the first level courts in the absence of the regional trial court judge, which are brought up on appeal from the special jurisdiction granted to the first level courts under section 35 of BP 129.

• In such cases, the trial court judge shall issue an order referring the litigants to the Philippine Mediation Center (PMC) unit of the court for mediation.

• If mediation fails, the parties will then be referred back to the judge for judicial dispute resolution (JDR)

All disputes, except those expressly excluded by law, can be the subject of mediation.

For Voluntary Mediation

the ADR Law provides that its provisions are inapplicable to:(i)labour disputes covered by the Labor Code of the Philippines, as amended; (ii)the civil status of persons; (iii)the validity of a marriage; (iv)any ground for legal separation; (v)the jurisdiction of courts; (vi)future legitime; (vii)criminal liability; and (viii)those which by law cannot be compromised

As for CAM and JDR

the Revised Guidelines provide that the following cases cannot be mediated:

(i) civil cases which by law cannot be compromised (ie, the civil status of persons, the validity of a marriage or legal separation, any ground for legal separation, future support, the jurisdiction of courts and future legitime);

(ii) criminal cases not falling under any of the following:1. all civil and criminal cases filed with a certificate to file

action issued by the Barangay chairman or the Settlement Council under the Revised Katarungang Pambarangay Law;

2. the civil aspect of quasi-offences under title 14 of the Revised Penal Code;

3. the civil aspect of less grave felonies punishable by correctional penalties not exceeding six years’ imprisonment, where the offended party is a private person; and

4. the civil aspect of fraud, theft and libel;

(iii) habeas corpus petitions;

(iv) all cases under Republic Act No. 9262 (Violence against Women and Children); and

(v) cases with pending application for restraining orders/preliminary injunctions.

• In cases covered under (i), (iv) and (v), however, where the parties inform the court that they have agreed to undergo mediation on some aspects thereof (eg, custody of minor children, separation of property, or support pendente lite) the court shall refer them to mediation.

CAM Procedure

By: Resh Paola Jusguan

Summary CAM procedure is:1. Upon filing the last pleading, the judge orders the parties to appear before the Philippine

Mediation Center (PMC) Unit of the court for mediation.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. [for judicial dispute resolution (JDR)]

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.

1

• After the last pleading has been filed, the judge shall issue an order requiring the parties to forthwith appear before the concerned Philippine Mediation Center (PMC) Unit staff to start the process for the settlement of their dispute through mediation. On the same date, the court shall give to the PMC a copy of the Order for mediation.

• Individual parties are required to personally appear for mediation. In the event they cannot do so, they can send their representatives, who must be fully authorized to appear, negotiate and enter into a compromise, through a Special Power of Attorney.

• Corporations, partnerships, or other juridical entities shall be represented by a ranking corporate officer fully authorized by a Board Resolution to offer, negotiate, accept, decide and enter into a compromise agreement, without need of further approval by or notification to the authorizing party.

• The Order issued shall include a clear warning that sanctions may be imposed upon a party for failure to comply therewith, in accordance with the Section below on sanctions.

2

• On the date set in the Order, the parties shall proceed to select a mutually acceptable mediator from among the list of accredited mediators.

• If no agreement is reached, the PMC Unit Staff shall, in the presence of the parties and the Mediators, choose by lot the one who will mediate the dispute from among the Mediators inside the Unit, ensuring a fair and equal distribution of cases:

• Provided, however, that in exceptional circumstances where special qualifications are required of the mediator, the parties shall be given an opportunity to select from the entire list of accredited mediators.

• The Mediator shall be considered an officer of the court while performing his duties as such or in connection therewith.

• The concerned mediator shall forthwith start the mediation process, unless the parties and mediator agree to reset the initial mediation conference, which shall not be later than five (5) days from the original date.

3

• At the initial conference, the Mediator shall explain to both parties the mediation process, stressing the benefits of an early settlement of their dispute based on serving their mutual interests, rather than the legal positions taken by them.

4

• With the consent of both parties, the Mediator may hold separate caucuses with each party to determine their respective real interests in the dispute. Thereafter, another joint conference may be held to consider various options that may resolve the dispute through reciprocal concessions and on terms that are mutually beneficial to both the parties.

• The Mediator shall not record in any manner the proceedings of the joint conferences or of the separate caucuses. No transcript or minutes of mediation proceedings shall be taken. If personal notes are taken for guidance, the notes shall be shredded and destroyed. Should such record exists, they shall not be admissible as evidence in any other proceedings.

5

• If no settlement has been reached at the end of the period given, the case must be returned to the referring judge.

• The court, upon recommendation of the Mediator, may impose sanctions upon a party who fails to appear before the Philippine Mediation Center (PMC) Unit as directed by the referring judge,

• or upon any person who engages in abusive conduct during mediation proceedings, as provided for in the Rules of Court as part of the Pre-Trial and other issuances of the Supreme Court, including, but not limited to censure, reprimand, contempt, requiring the absent party to reimburse the appearing party his costs, including attorney’s fees for that day up to treble such costs, payable on or before the date of the re-scheduled setting.

• Sanctions may also be imposed by the referring judge upon his own initiative or upon motion of the interested party.

• Upon justifiable cause duly proved in the hearing called on the motion to reconsider filed by the absent party, concurred in by the concerned mediator, the sanctions imposed may be lifted or set aside in the sound discretion of the referring judge.

6

• The Mediator shall have a period of not exceeding thirty (30) days to complete the mediation process. Such period shall be computed from the date when the parties first appeared for the initial conference as stated in the Order to appear. An extended period of another thirty (30) days may be granted by the court, upon motion filed by the Mediator, with the conformity of the parties.

• The period during which the case is undergoing mediation shall be excluded from the regular and mandatory periods for trial and rendition of judgment in ordinary cases and in cases under summary proceedings.

7

• If full settlement of the dispute is reached, the parties, assisted by their respective counsels, shall draft the compromise agreement which shall be submitted to the court for judgment upon compromise or other appropriate action.

• Where compliance is forthwith made, the parties shall instead submit a satisfaction of claims or a mutual withdrawal of the case and, thereafter, the court shall enter an order dismissing the case.

• If partial settlement is reached, the parties shall, with the assistance of counsel, submit the terms thereof for the appropriate action of the court, without waiting for resolution of the unsettled part.

• In relation to the unsettled part of the dispute, the court shall proceed to conduct JDR proceedings.

• Unless otherwise directed by the Supreme Court, all judges who have undergone orientation in JDR procedures and completed their training in mediation, conciliation and neutral evaluation, are authorized to conduct JDR proceedings in accordance with these guidelines for the settlement of disputes pending in their courts, after the parties failed to settle their disputes during Court Annexed Mediation at the Philippine Mediation Center Units (PMCU).

Documents

Mandatory Coverage for Court-Annexed Mediation (CAM)