Dear Attorney,

I recently received an email from an entity claiming to be a mediation department. I am unsure if this is legitimate and if I am required to engage in mediation. What should I do in this situation? Can mediation be required by law, and how do I verify its authenticity? I would appreciate your legal guidance on this matter.

Sincerely,
A Concerned Party

Insights

Mediation in the Philippines: Legal Framework and Practical Considerations

Mediation is a form of alternative dispute resolution (ADR) in which parties attempt to resolve their differences with the help of a neutral third-party mediator. In the Philippines, mediation is governed by various laws and regulations, including the Alternative Dispute Resolution Act of 2004 (Republic Act No. 9285), the Katarungang Pambarangay Law under the Local Government Code of 1991, and rules set by the courts and other ADR bodies.

Types of Mediation in the Philippines

Court-Annexed Mediation (CAM): This occurs when parties involved in a court case are directed by the judge to undergo mediation before proceeding to trial. CAM is typically mandatory for civil cases, such as family disputes, small claims, or those involving financial matters.
Judicial Dispute Resolution (JDR): In this process, the judge directly engages in settlement discussions with the parties. If mediation through CAM fails, the case may proceed to JDR.
Voluntary Mediation: In voluntary mediation, parties agree to mediate a dispute outside of court. This can occur in any dispute type, provided that the parties are willing to negotiate and come to a settlement without court intervention.
Barangay Mediation: Under the Katarungang Pambarangay Law, disputes between residents of the same municipality must first be brought before the Barangay for amicable settlement before the parties can file a court case. Failure to settle at the Barangay level will result in a certification that is necessary for further legal action.

Legal Mandates and Requirements for Mediation

Under the Alternative Dispute Resolution Act of 2004 (Republic Act No. 9285), the promotion of mediation is recognized as a valuable tool for reducing court caseloads and fostering an amicable resolution to disputes. The law encourages parties to utilize mediation and arbitration before resorting to litigation. However, not all mediation is mandatory.

In some instances, the law or court may require parties to undergo mediation before litigation can continue. Examples include:

Family law disputes, such as annulment or custody battles, where mediation is required to attempt reconciliation or agreement on child support and custody.
Small claims court cases, where court-annexed mediation is mandatory.
Labor disputes, particularly cases handled by the Department of Labor and Employment (DOLE), where mandatory conciliation-mediation is an initial step before filing formal cases.

Verification of Mediation Entities

Before responding to any email or communication that claims to be from a "mediation department" or similar organization, it is crucial to verify its authenticity. Here are steps to ensure legitimacy:

Check the Email Source: Official mediation departments, such as those attached to courts or government agencies, typically use official email addresses (e.g., @gov.ph for government entities). Private mediation institutions also have reputable online presences and legitimate contact information. An unrecognized email domain should raise concerns.
Contact the Entity Directly: Reach out to the official mediation office mentioned in the email through publicly available contact information to verify whether the communication you received is genuine. Avoid replying directly to suspicious emails.
Verify with the Court or Barangay: If the mediation notice is related to an ongoing court case or Barangay dispute, you can directly verify the legitimacy of the mediation process by contacting the court, Barangay, or authorized mediator handling your case.
Look for Official Documentation: Legitimate mediation invitations usually come with official court orders, notices, or formal letters from recognized mediation centers. Always ask for documents that verify the legitimacy of the mediation request.

Key Considerations During Mediation

Confidentiality: One of the hallmarks of mediation is confidentiality. Anything discussed during mediation cannot be used as evidence in court unless both parties agree otherwise or the law mandates disclosure.
Voluntary Agreement: While the court may mandate participation in mediation, any agreement resulting from the process must be voluntary. Both parties have the freedom to accept or reject proposed solutions.
Cost-Effective Dispute Resolution: Mediation is often less costly than litigation and can lead to quicker resolutions. In some cases, the court or Barangay covers the costs of the mediation process.
Neutrality of the Mediator: The mediator does not take sides or make decisions for the parties but helps facilitate dialogue to reach a mutually acceptable agreement.
Finality of Settlement: If an agreement is reached through mediation, the parties typically sign a settlement agreement, which is binding and enforceable like any other contract. If no settlement is reached, the dispute may proceed to court.

Risks of Failing to Participate in Mediation

Failure to participate in mandatory mediation, especially court-annexed mediation, can have consequences. A party who fails to attend mediation sessions without valid reasons may face penalties or sanctions from the court. For instance, under the rules of small claims cases, non-attendance at a scheduled mediation hearing may result in the dismissal of the case or default judgment.

Conclusion

Mediation is an essential aspect of the Philippine legal system, designed to promote amicable resolutions and reduce court congestion. Parties receiving communication about mediation should carefully verify the authenticity of the mediation notice and assess whether it is required by law. If in doubt, it is always prudent to consult a legal professional to ensure compliance with legal requirements while protecting one’s rights and interests.

In the context of an increasingly digital world, parties should be cautious of fraudulent emails or misrepresentations related to mediation and always verify the legitimacy of the communication before proceeding further.