Mediation in Philippines

Quick Facts

• Legal Framework: Mediation in the Philippines follows the Alternative Dispute Resolution Act of 2004 (Republic Act No. 9285), which provides for the procedure to resolve disputes by a neutral third party other than by...
• Cultural Approach: The Philippines has a strong tradition of community-based dispute resolution through the Katarungang Pambarangay Law (P.D. No. 508, as amended by R.A. No. 7160), which establishes the Lupong Tagapamay...
• Typical Costs: Court-annexed mediation through CAM is part of court proceedings with mediation fees collected and deposited under SC PHILJA PM account. The Mediation Fund is deposited under SC PHILJA PM Peso Current...

Mediation Research

Legal Framework

Mediation in the Philippines follows the Alternative Dispute Resolution Act of 2004 (Republic Act No. 9285), which provides for the procedure to resolve disputes by a neutral third party other than by adjudication of a judge or government officer. The Act includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof. Chapter 2 covers mediation, specifically voluntary mediation whether ad hoc or institutional, other than court annexed. The term mediation includes conciliation. The Act protects the confidentiality of information relating to matters which are the subject of the dispute and enumerates principles for enforcement of mediated settlement agreements. It also provides for the process on how domestic and foreign arbitral awards shall be recognised and implemented. The Office for Alternative Dispute Resolution (OADR) is an attached agency of the Department of Justice created pursuant to RA 9285.

Court System

Courts in the Philippines actively promote mediation through Court-Annexed Mediation (CAM), Appellate Court Mediation (ACM), and Judicial Dispute Resolution (JDR). The Philippine Mediation Centre Office (PMCO) under the Philippine Judicial Academy (PHILJA) is primarily responsible for expansion, development, implementation, monitoring, and sustainability of Supreme Court ADR mechanisms. Judges who have undergone orientation in JDR procedures and completed training in mediation, conciliation, and neutral evaluation are authorised to conduct JDR proceedings. Only mediators accredited by the Supreme Court can validly mediate in court annexed mediation. Cases covered by Lupong Tagapamayapa under the Katarungang Pambarangay Law (P.D. No. 508, as amended by R.A. No. 7160) are excluded from court annexed mediation. The 2020 Guidelines for the Conduct of CAM and JDR in Civil Cases provide detailed procedures.

Mediator Regulations

Mediators must be accredited by the Supreme Court to validly mediate in court annexed mediation. The Philippine Judicial Academy provides training for judges in mediation, conciliation, and neutral evaluation. The Office for Alternative Dispute Resolution (OADR) oversees ADR implementation. Department Circular No. 98, series of 2009 provides Implementing Rules and Regulations of RA 9285. The Act establishes principles for mediator conduct including confidentiality requirements. Mediators are protected from being compelled to disclose confidential information obtained during mediation. A mediator wrongfully subpoenaed shall be reimbursed full cost of attorney's fees and related expenses. Professional accreditation requires completion of Supreme Court-approved training programmes.

Cultural Approach

The Philippines has a strong tradition of community-based dispute resolution through the Katarungang Pambarangay Law (P.D. No. 508, as amended by R.A. No. 7160), which establishes the Lupong Tagapamayapa system for village-level dispute resolution. This traditional system reflects Filipino cultural values of harmony, consensus-building, and community-based conflict resolution. The cultural preference for amicable settlement and preservation of relationships aligns well with mediation principles. Filipino culture emphasises family and community relationships, making mediation particularly suitable for family and community disputes. The integration of traditional barangay justice with formal court annexed mediation demonstrates respect for indigenous dispute resolution practices while modernizing the system.

Typical Costs

Court-annexed mediation through CAM is part of court proceedings with mediation fees collected and deposited under SC PHILJA PM account. The Mediation Fund is deposited under SC PHILJA PM Peso Current Account. Private mediation through institutions like the Philippine Dispute Resolution Centre Inc. (PDRCI) charges fees based on case complexity and mediator expertise. The Alternative Dispute Resolution Act promotes prompt, economical, and amicable resolution of disputes. The cost savings compared to litigation are significant, with mediation typically resolving disputes more quickly than clogged court dockets. Barangay-level dispute resolution through Lupong Tagapamayapa operates at minimal cost within communities.

States and Regions