Scope.
Section 7
SEC. 7. Scope.—The provisions of this Chapter shall cover voluntary mediation. whether ad hoc or institutional, other than court-annexed. The term "mediation" shall include conciliation.
RA 9285 CHAPTER 2 - MEDIATION
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Application and Interpretation.
Section 8
SEC. 8. Application and Interpretation.—In applying and construing the provisions or this Chapter, consideration must be given to the need to promote candor of parties and mediators through confidentiality of the mediation process, the policy of fostering prompt, economical and amicable resolution of disputes in accordance with principles of integrity of determination by the parties, and the policy that the decision-making authority in the mediation process rests with the parties.
Confidentiality of Information.
Section 9
SEC. 9. Confidentiality of Information.— Information obtained through mediation proceedings shall be subject to the following principles and guidelines: Information obtained through mediation shall be privileged and confidential. A party, a mediator, or a nonparty participant may refuse to disclose and may prevent any other person from disclosing a mediation communication. Confidential Information shall not be subject to discovery and shall be inadmissible in any adversarial proceeding, whether judicial or quasi-judicial. However, evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its use in a mediation. In such an adversarial proceeding, the following persons involved or previously in a mediation may not be compelled to disclose confidential information obtained during mediation: (1) the parties to the dispute, (2) the mediator or mediators, (3) the counsel for the parties; (4) the nonparty participants; (5) any persons hired or engaged in connection with the mediation as secretary, stenographer, clerk or assistant; and (6) any other person who obtains or possesses confidential information by reason of his/her profession. The protections of this Act shall continue to apply even if a mediator is found to have failed to act impartially. A mediator may not be called to testify to provide information gathered in mediation. A mediator who is wrongfully subpoenaed shall be reimbursed the full cost of his attorney's fees and related expenses.
Waiver of Confidentiality.
Section 10
SEC. 10. Waiver of Confidentiality.—A privilege arising from the confidentiality of information may be waived in a record, or orally during a proceeding by the mediator and mediation parties. A privilege arising from the confidential of information may likewise be waived by a nonparty participant if the information provided by such nonparty participant. A person who discloses confidential information shall be precluded from asserting the privilege under Section 9 of this Chapter to bar disclosure of the rest of the information necessary to a complete understanding of the previously disclosed information. If a person suffers loss or damage as a result of the disclosure of the confidential information, he shall be entitled to damages in a judicial proceeding against the person who made the disclosure. A person who discloses or makes; representation about a mediation is preclude from asserting the privilege under Section 9, to the extent that the communication prejudices another person in the proceeding and it is necessary for the person prejudiced to respond to the representation of disclosure.
Exceptions to Privilege.
Section 11
SEC. 11. Exceptions to Privilege.—(a) There is no privilege against disclosure under Section 9 if mediation communication is: in an agreement evidenced by a record authenticated by all parties to the agreement; available to the public or that is made during a session of a mediation which is open or is required by law to be open, to the public; a threat or statement of a plan to inflict bodily injury or commit a crime of violence, intentionally used to plan a crime, attempt to commit, or commit a crime, or conceal an ongoing crime or criminal activity; sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a public agency is protecting the interest of an individual protected by law; but this exception does not apply where a child protection matter is referred to mediation by a court or a public agency participates in the child protection mediation; sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against mediator in a proceeding; or sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a party, nonparty participant, or representative of a party based on conduct occurring during a mediation. (b) There is no privilege under Section 9 if a court or administrative agency, finds, after a hearing in camera, that the party seeking discovery of the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and the mediation communication is sought or offered in: a court proceeding involving a crime or felony; or a proceeding to prove a claim or defense that under the law is sufficient to reform or avoid a liability on a contract arising out of the mediation. (c) A mediator may not be compelled to provide evidence of a mediation communication or testify in such proceeding. (d) If a mediation communication is not privileged under an exception in subsection (a) or (b), only the portion of the communication necessary for the application of the exception for nondisclosure may be admitted. The admission of particular evidence for the limited purpose of an exception does not render that evidence, or any other mediation communication, admissible for any other purpose.
Prohibited Mediator Reports.
Section 12
SEC. 12. Prohibited Mediator Reports. — A mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court or agency or other authority that may make a ruling on a dispute that is the subject of a mediation, except: where the mediation occurred or has terminated, or where a settlement was reached. As permitted to be disclosed under Section 13 of this Chapter.
Mediator's Disclosure and Conflict of Interest.
Section 13
SEC. 13. Mediator's Disclosure and Conflict of Interest.—The mediation shall be guided by the following operative principles: (a) Before accepting a mediation, an individual who is requested to serve as a mediator shall: make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and any existing or past relationship with a party or foreseeable participant in the mediation; and disclose to the mediation parties any such fact known or learned as soon as is practical before accepting a mediation. (b) If a mediator learns any fact described in paragraph (a)(l) of this section after accepting a mediation, the mediator shall disclose it as soon as practicable. At the request of a mediation party, an individual who is requested to serve as mediator shall disclose his/her qualifications to mediate a dispute. This Act does not require that a mediator shall have special qualifications by background or profession unless the special qualifications of a mediator are required in the mediation agreement or by the mediation parties.
Participation in Mediation.
Section 14
SEC. 14. Participation in Mediation.—Except as otherwise provided in this Act, a party may designate a lawyer or any other person to provide assistance in the mediation. A waiver of this right shall be made in writing by the party waiving it. A waiver of participation or legal representation may be rescinded at any time.
Place of Mediation.
Section 15
SEC. 15. Place of Mediation.—The parties are free to agree on the place of mediation. Failing such agreement, the place of mediation shall be any place convenient and appropriate to all parties.
Effect of Agreement to Submit Dispute to Mediation Under Institutional Rules.
Section 16
SEC. 16. Effect of Agreement to Submit Dispute to Mediation Under Institutional Rules.— An agreement to submit a dispute to mediation by an institution shall include an agreement to be bound by the internal mediation and administrative policies of such institution. Further, an agreement to submit a dispute to mediation under institutional mediation rules shall be deemed to include an agreement to have such rules govern the mediation of the dispute and for the mediator, the parties, their respective counsel, and nonparty participants to abide by such rules. In case of conflict between the institutional mediation rules and the provisions of this Act, the latter shall prevail.
Enforcement of Mediated Settlement Agreements.
Section 17
SEC. 17. Enforcement of Mediated Settlement Agreements.—The mediation shall be guided by the following operative principles: A settlement agreement following successful mediation shall be prepared by the parties with the assistance of their respective counsel, if any, and by the mediator. The parties and their respective counsels shall endeavor to make the terms and condition thereof complete and make adequate provisions for the contingency of breach to avoid conflicting interpretations of the agreement The parties and their respective counsels if any, shall sign the settlement agreement. The mediator shall certify that he/she explained the contents of the settlement agreement to the parties in a language known to them. If the parties so desire, they may deposit such settlement agreement with the appropriate Clerk of a Regional Trial Court of the place where one of the parties resides. Where there is a need to enforce the settlement agreement, a petition may be filed by any of the parties with the same court, in which case, the court shall proceed summarily to hear the petition, in accordance with such rules of procedure as may be promulgated by the Supreme Court. The parties may agree in the settlement agreement that the mediator shall become a sole arbitrator for the dispute and shall treat the settlement agreement as an arbitral award which shall be subject to enforcement under Republic Act No. 876, otherwise known as the Arbitration Law, notwithstanding the provisions of Executive Order No. 1008 for mediated dispute outside of the CIAC.
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