Guidelines for the Issuance of Authority for Court Personnel Who are Accredited Mediators Under the Court-Annexed Mediation Program

July 19, 2011

OCA CIRCULAR NO. 99-11

 

Pursuant to Part IV, par. 6, and Part VI, par. 13, Implementing Rules and Regulations on Mediation in the Trial Courts, adopted by the Supreme Court in Resolution No. 02-04, dated 23 March 2004 in A.M. No. 04-3-15-SC-PHILJA, court personnel are allowed to act as mediators under certain restrictions provided therein. Moreover, under Sec. D, par. 4, Second Revised Guidelines for the Payment of Mediators' Fees issued by SC-PHILJA on 1 March 2011, the authority to mediate for court personnel shall be issued by the Office of the Court Administrator. Accordingly, court personnel are authorized by this Office to act as mediators under the Court-Annexed Mediation Program subject to the following parameters:

1. The court personnel must conduct mediation only outside of regular office hours, when on leave, or when specifically authorized by this Office and/or under existing rules of the Supreme Court (e.g., Sec. 3, Rule 3, Rules of Procedure for Environmental Cases, in A.M. No. 09-6-8-SC, directing the court to refer for mediation an environmental case to a branch clerk of court or legal researcher in the absence of a Philippine Mediation Center Unit);

2. The court personnel must comply with all Supreme Court and civil service regulations pertaining to time, salaries and other disciplinary rules applicable to them.

For information and guidance. CDHcaS

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator