Dispute Resolution System Notes

**TOPIC 1: DISPUTE RESOLUTION SYSTEM** **LEARNING OBJECTIVES:** At the end of the topic, the students are expected to have; 1\. Define key terms used in the subject. 2\. Explain the basic concept of Conflict; 3\. Explain the concepts, nature and procedures governing dispute resolution; LECTURE...

**TOPIC 1: DISPUTE RESOLUTION SYSTEM** **LEARNING OBJECTIVES:** At the end of the topic, the students are expected to have; 1\. Define key terms used in the subject. 2\. Explain the basic concept of Conflict; 3\. Explain the concepts, nature and procedures governing dispute resolution; LECTURE: CONFLICT What is Conflict? A conflict is an activity which takes place when conscious beings (individuals or groups) wish to carry out mutually inconsistent acts concerning their wants, needs or obligations. (Nicholson, M., 1992). Conflict may also refer to a natural disagreement or struggle between people which may be physical, or between conflicting ideas. It can either be within one person, or they can involve several people or groups. It exists when they have incompatible goals and one or more believe that the behavior of the other prevents them from their own goal achievement. The word "Conflict" comes from the Latin word "conflingere" which means to come together for a battle. **Conflict Theories** Conflict theory states that tensions and conflicts arise when resources, status, and power are unevenly distributed between groups in society and that these conflicts become the engine for social change. In this context, power can be understood as control of material resources and accumulated wealth, control of politics and the institutions that make up society, and one\'s social status relative to others (determined not just by class but by race, gender, sexuality, culture, and religion, among other things). (Crossman, 2019) Conflict theory originated in the work of Karl Marx, who focused on the causes and consequences of class conflict between the bourgeoisie (the owners of the means of production and the capitalists) and the proletariat (the working class and the poor). Many social theorists have built on Marx\'s conflict theory to bolster it, grow it, and refine it over the years. Many others have drawn on conflict theory to develop other types of theory within the social sciences, including the following: Feminist theory-is the extension of [feminism](https://www.bing.com/search?q=Feminism%20wikipedia&form=WIKIRE) into theoretical, fictional, or [philosophical](https://www.bing.com/search?q=Philosophy%20wikipedia&form=WIKIRE) discourse. It aims to understand the nature of [gender inequality](https://www.bing.com/search?q=Gender%20inequality%20wikipedia&form=WIKIRE). It examines women\'s and men\'s [social roles](https://www.bing.com/search?q=Gender%20role%20wikipedia&form=WIKIRE), experiences, interests, chores, and feminist politics in a variety of fields, such as [anthropology](https://www.bing.com/search?q=Anthropology%20wikipedia&form=WIKIRE) and [sociology](https://www.bing.com/search?q=Sociology%20wikipedia&form=WIKIRE), [communication](https://www.bing.com/search?q=Communication%20wikipedia&form=WIKIRE), [media studies](https://www.bing.com/search?q=Media%20studies%20wikipedia&form=WIKIRE), [psychoanalysis](https://www.bing.com/search?q=Psychoanalysis%20wikipedia&form=WIKIRE), [political theory](https://www.bing.com/search?q=Political%20theory%20wikipedia&form=WIKIRE), [home economics](https://www.bing.com/search?q=Home%20economics%20wikipedia&form=WIKIRE), [literature](https://www.bing.com/search?q=Feminist%20literary%20criticism%20wikipedia&form=WIKIRE), [education](https://www.bing.com/search?q=Education%20wikipedia&form=WIKIRE), and [philosophy](https://www.bing.com/search?q=Philosophy%20wikipedia&form=WIKIRE). Critical race theory- is an [interdisciplinary](https://www.bing.com/search?q=Interdisciplinarity%20wikipedia&form=WIKIRE) [academic field](https://www.bing.com/search?q=Academic%20field%20wikipedia&form=WIKIRE) focused on the relationships between [social conceptions](https://www.bing.com/search?q=Social%20constructionism%20wikipedia&form=WIKIRE) of [race and ethnicity](https://www.bing.com/search?q=Race%20and%20ethnicity%20in%20the%20United%20States%20census%20wikipedia&form=WIKIRE), social and political [laws](https://www.bing.com/search?q=Law%20in%20the%20United%20States%20wikipedia&form=WIKIRE), and media. CRT also considers [racism](https://www.bing.com/search?q=Racism%20wikipedia&form=WIKIRE) to be [systemic](https://www.bing.com/search?q=Systemic%20racism%20wikipedia&form=WIKIRE) in various laws and rules, and not based only on individuals\' prejudices. The word critical in the name is an academic reference to [critical theory](https://www.bing.com/search?q=Critical%20theory%20wikipedia&form=WIKIRE) rather than criticizing or blaming individuals. Postmodern theory- is a term used to refer to a variety of artistic, cultural, and philosophical movements that claim to mark a break from [modernism](https://www.bing.com/search?q=Modernism%20wikipedia&form=WIKIRE). What they have in common is the conviction that it is no longer possible to rely upon previous ways of representing reality. Still, there is disagreement among experts about its more precise meaning even within narrow contexts. postcolonial theory- [is the critical academic study of the cultural, political, and economic legacy of colonialism and imperialism](https://en.wikipedia.org/wiki/Postcolonialism). [It focuses on the impact of human control and exploitation of colonized people and their lands. The field addresses both the period of colonization and how notions of Western superiority, used to justify the oppression of indigenous people, have continued into the present day](https://www.perlego.com/knowledge/study-guides/what-is-postcolonialism/). Queer theory- [is a field of study that challenges the normativity and morality of heterosexuality and cisgender identities](https://en.wikipedia.org/wiki/Queer_theory). [It examines how society defines and polices sexuality, gender, and identity, and aims to deconstruct what is acceptable or "normal"](https://www.lgbtqnation.com/2021/10/queer-theory-101-matters/). [It emerged in the early 1990s out of the fields of queer studies and women\'s studies, and uses post-structuralist critical theory and queer readings of texts](https://www.sexualdiversity.org/edu/theory/). Post-structural theory- [a late-twentieth-century development in philosophy and literary theory1](https://www.rep.routledge.com/articles/thematic/post-structuralism/v-1). [It emphasizes the radical uncertainty of knowledge, particularly knowledge in language, and posits that "truth" is not a fixed concept, but instead constantly changes based on your cultural, political, social, and economic position in the world](https://ecampusontario.pressbooks.pub/showingtheory/chapter/poststructuralism/).  Theories of globalization and world systems- World-systems theory: This theory emphasizes the significance of the entire globe as a whole instead of individual nations. It suggests that the world is divided into core, periphery, and semi-periphery regions. - Modernisation theory: According to this theory, all states follow the same route of transition from a traditional to modern society. - Dependency theory: This theory suggests that the economic development of rich countries is dependent on the exploitation of poor countries. - Globalization: This is a multifaceted process that encompasses the integration of economies, the exchange of information and ideas, the spread of technology, and the blurring of cultural boundaries. So, while initially conflict theory described class conflicts specifically, it has lent itself over the years to studies of how other kinds of conflicts, like those premised on race, gender, sexuality, religion, culture, and nationality, among others, are a part of contemporary social structures, and how they affect our lives. **What are the Conflict Resolution Strategies?** Kenneth Thomas and Ralph Kilmann (2015) developed five conflict resolution strategies Thomas -- Kilmann Instrument or more generally known as TKI Conflict Strategies that people use to handle conflict, including avoiding, defeating, compromising, accommodating, and collaborating The Thomas-Kilmann Instrument is designed to measure a person's behavior in conflict situations. "Conflict situations" are those in which the concerns of two people appear to be incompatible. In such conflict situations, an individual's behavior can be described along two dimensions: (1) assertiveness, the extent to which the person attempts to satisfy his own concerns, and (2) cooperativeness, the extent to which the person attempts to satisfy the other person's concerns. The following are the five (5) Conflict Resolution Strategies: ** Conflict Resolution Strategy \#1: Avoiding** This is unassertive and uncooperative. The person neither pursues his own concerns nor those of the other individual. Thus, he does not deal with the conflict. Avoiding might take the form of diplomatically sidestepping an issue, postponing an issue until a better time, or simply withdrawing from a threatening situation. Avoiding is when people just ignore or withdraw from the conflict. They choose this method when the discomfort of confrontation exceeds the potential reward of resolution of the conflict. While this might seem easy to accommodate for the facilitator, people are not really contributing anything of value to the conversation and may be withholding worthwhile ideas. When conflict is avoided, nothing is resolved. ** Conflict Resolution Strategy \#2: Competing** This is assertive and uncooperative. An individual pursues his own concerns at the other person's expense. This is a power-oriented mode in which you use whatever power seems appropriate to win your own position---your ability to argue, your rank, or economic sanctions. Competing means "standing up for your rights," defending a position which you believe is correct, or simply trying to win. Competing is used by people who go into a conflict planning to win. Competing might work in sports or war, but it's rarely a good strategy for group problem solving. ** Conflict Resolution Strategy \#3: Accommodating** This is unassertive and cooperative---the complete opposite of competing. When accommodating, the individual neglects his own concerns to satisfy the concerns of the other person; there is an element of self-sacrifice in this mode. Accommodating might take the form of selfless generosity or charity, obeying another person's order when you would prefer not to, or yielding to another's point of view. Also, accommodating is a strategy where one party gives in to the wishes or demands of another. They are being cooperative but not assertive. This may appear to be a gracious way to give in when one figures out s/he has been wrong about an argument. It is less helpful when one party accommodates another merely to preserve harmony or to avoid disruption. Like avoidance, it can result in unresolved issues. Too much accommodation can result in groups where the most assertive parties commandeer the process and take control of most conversations. ** Conflict Resolution Strategy \#4: Collaborating** It is both assertive and cooperative---the complete opposite of avoiding. Collaborating involves an attempt to work with others to find some solution that fully satisfies their concerns. It means digging into an issue to pinpoint the underlying needs and wants of the two individuals. Collaborating between two persons might take the form of exploring a disagreement to learn from each other's insights or trying to find a creative solution to an interpersonal problem. A group may learn to allow each participant to contribute with the possibility of co-creating a shared solution that everyone can support. ** Conflict Resolution Strategy \#5: Compromising** It is moderate in both assertiveness and cooperativeness. The objective is to find some expedient, mutually acceptable solution that partially satisfies both parties. It falls intermediate between competing and accommodating. Compromising gives up more than competing but less than accommodating. Likewise, it addresses an issue more directly than avoiding, but does not explore it in as much depth as collaborating. In some situations, compromising might mean splitting the difference between the two positions, exchanging concessions, or seeking a quick middle- ground solution. The concept of this is that everyone gives up a little bit of what they want, and no one gets everything they want. The perception of the best outcome when working by compromise is that which "splits the difference." Compromise is perceived as being fair, even if no one is particularly happy with the outcome. **TOPIC 2: ALTERNATIVE DISPUTE RESOLUTION (ADR)** **LEARNING OBJECTIVES:** At the end of the topic, the students are expected to have; 1\. Define different key terms used in the subject. 2\. To know the concept and important features of RA 9285 3\. Differentiate Arbitration, Conciliation and Mediation; and 4\. Apply the Implementing Rules and Regulations (IRR) governing the Alternative Dispute Resolution (ADR). **LECTURE: RA 9285** What is Republic Act No. 9285? This Act is known as the \"Alternative Dispute Resolution Act of 2004.\" WHAT IS THE POLICY OF THE STATE REGARDING ALTERNATIVE DISPUTE RESOLUTION (ADR)? It is hereby declared the policy of the State to actively promote party autonomy in the resolution of disputes or the freedom of the party to make their own arrangements to resolve their disputes. Towards this end, the State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and declog court dockets. As such, the State shall provide means for the use of ADR as an efficient tool and an alternative procedure for the resolution of appropriate cases. Likewise, the State shall enlist active private sector participation in the settlement of disputes through ADR. **DOES RA 9285 LIMITS THE POWER OF THE SUPREME COURT TO ADOPT ANY ADR SYSTEM?** No. This Act shall be without prejudice to the adoption by the Supreme Court of any ADR system, such as mediation, conciliation, arbitration, or any combination thereof as a means of achieving speedy and efficient means of resolving cases pending before all courts in the Philippines which shall be governed by such rules as the Supreme Court may approve from time to time. (Sec. 2, RA 9285) **ALTERNATIVE DISPUTE RESOLUTION** Alternative Dispute Resolution System means any process or procedure used to resolve a dispute or controversy, other than by adjudication of a presiding judge of a court or an officer of a government agency, as defined under RA 9285, in which a neutral third party participates to assist in the resolution of issues, which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof. (Sec. 3, par. a, RA 9285) **ARBITRATION** Arbitration means a voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the agreement of the parties, or rules promulgated pursuant to RA 9285, resolve a dispute by rendering an award. (Sec. 3, par. d, RA 9285) Note: Award means any partial or final decision by an arbitrator in resolving the issue or controversy. **WHO IS AN ARBITRATOR?** Arbitrator means the person appointed to render an award, alone or with others, in a dispute that is the subject of an arbitration agreement. (Sec. 3, par. e, RA 9285) **WHAT IS EARLY NEUTRAL EVALUATION?** This means an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. (Sec. 3, par. n, RA 9285) **MEDIATION** Mediation means a voluntary process in which a mediator, selected by the disputing parties, facilitates communication and negotiation, and assist the parties in reaching a voluntary agreement regarding a dispute. (Sec. 3, par. q, RA 9285) **WHO IS A MEDIATOR?** Mediator means a person who conducts mediation. (Sec. 3, par. r, RA 9285) **WHAT IS MEDIATION PARTY?** This means a person who participates in a mediation and whose consent is necessary to resolve the dispute. (Sec. 3, par. s, RA 9285) **MEDIATION-ARBITRATION** \"Mediation-Arbitration\" or Med-Arb is a step dispute resolution process involving both mediation and arbitration. (Sec. 3, par. t, RA 9285) **MINI-TRIAL** This means a structured dispute resolution method in which the merits of a case are argued before a panel comprising senior decision makers with or without the presence of a neutral third person after which the parties seek a negotiated settlement (Sec. 3, par. u, RA 9285) HOW ARBITRATION, MEDIATION AND CONCILIATION ARE DIFFERENT FROM EACH OTHER? Arbitration, mediation and conciliation are the main Alternative Dispute Resolution Mechanism which is generally adopted by the people to resolve their disputes in an informal manner. They try to reach a solution by settlement or negotiation with the assistance of a third neutral party and have turned out to be an effective alternative to the litigation process. Arbitration is a process where the parties submit their case to a neutral third party who on the basis of discussion determine the dispute and comes to a solution. Mediation and conciliation both are an informal process. Whereas, arbitration is more formal as compared to them. In mediation, the mediator generally sets out alternatives for the parties to reach out an agreement. The main advantage of the mediation is that the settlement is made by the parties themselves rather than a third party. It is not legally binding on the parties. In addition, the basic motive of mediation is to provide opportunities to parties to negotiate and come to a final solution catering the needs of both sides. Dispute resolution through conciliation involves the assistance of a neutral third party who plays an advisory role in reaching an agreement. The process adopted by all the three are different but, the main purpose is to resolve the dispute in a way where the interest of the parties is balanced. **ADR PROVIDER** \"ADR Provider\" means institutions or persons accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in any Alternative Dispute Resolution system. This is without prejudice to the rights of the parties to choose no accredited individuals to act as mediator, conciliator, arbitrator, or neutral evaluator of their dispute. (Sec. 3, par. b, RA 9285) CASES WHEREIN REPUBLIC ACT NO. 9285 DOES NOT APPLY The provisions of RA 92856 shall not apply to resolution or settlement of the following: Labor disputes covered by Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as amended and its Implementing Rules and Regulations; The civil status of persons; The validity of a marriage; Any ground for legal separation; The jurisdiction of courts; Future legitime; Criminal liability; Those which by law cannot be compromised; and Those disputes referred to court-annexed mediation. (Article 1.3, IRR, RA 9285) **WHAT IS THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION?** The Office for Alternative Dispute Resolution (OADR) is as an agency attached to the Department of Justice. It shall have a Secretariat and shall be headed by an Executive Director, who shall be appointed by the President of the Philippines, taking into consideration the recommendation of the Secretary of Justice. (Article 2.1., IRR, RA 9285) **POWERS OF THE OADR** The OADR shall have the following powers: To act as appointing authority of mediators and arbitrators when the parties agree in writing that it shall be empowered to do so; To conduct seminars, symposia, conferences and other public fora and publish proceedings of said activities and relevant materials/information that would promote, develop and expand the use of ADR; To establish an ADR library or resource center where ADR laws, rules and regulation, jurisprudence, books, articles and other information about ADR in the Philippines and elsewhere may be stored and accessed; To establish training programs for ADR providers/practitioners, both in the public and private sectors; and to undertake periodic and continuing training programs for arbitration and mediation and charge fees on participants. It may do so in conjunction with or in cooperation with the IBP, private ADR organizations, and local and foreign government offices and agencies and international organizations; To certify those who have successfully completed the regular professional training programs provided by the OADR; To charge for services rendered such as, among others, for training and certifications of ADR providers; To accept donations, grants and other assistance from local and foreign sources; and To exercise such other powers as may be necessary and proper to carry into effect the provisions of the ADR Act. (Art. 2.2., IRR, RA 9285) **FUNCTIONS OF OADR** The OADR shall have the following functions: To promote, develop and expand the use of ADR in the private and public sectors through information, education and communication; To monitor, study and evaluate the use of ADR by the private and public sectors for purposes of, among others, policy formulation; To recommend to Congress needful statutory changes to develop, strengthen and improve ADR practices in accordance with international professional standards; To make studies on and provide linkages for the development, implementation, monitoring and evaluation of government and private ADR programs and secure information about their respective administrative rules/procedures, problems encountered and how they were resolved; To compile and publish a list or roster of ADR providers/practitioners, who have undergone training by the OADR, or by such training providers/institutions recognized or certified by the OADR as performing functions in any ADR system. The list or roster shall include the addresses, contact numbers, e-mail addresses, ADR service/s rendered (e.g. arbitration, mediation) and experience in ADR of the ADR providers/practitioners; To compile a list or roster of foreign or international ADR providers/practitioners. The list or roster shall include the addresses, contact numbers, e-mail addresses, ADR service/s rendered (e.g. arbitration, mediation) and experience in ADR of the ADR providers/practitioners; and To perform such other functions as may be assigned to it. (Art. 2.3., IRR, RA 9285) **MEDIATION** Mediation means any mediation other than institutional or court-annexed. Institutional Mediation means any mediation process conducted under the rules of a mediation institution. Mediation process conducted under the auspices of the court and in accordance with Supreme Court approved guidelines, after such court has acquired jurisdiction of the dispute. Mediation means mediation ordered by a court to be conducted in accordance with the agreement of the parties when an action is prematurely commenced in violation of such agreement. Certified Mediator means a mediator certified by the Office for ADR as having successfully completed its regular professional training program. Mediation means a voluntary process in which a mediator, selected by the disputing party voluntary agreement regarding a dispute. Mediation Party means a person who participates in a mediation and whose consent is necessary to resolve the dispute. Mediator means a person who conducts mediation. Non-Party Participant means a person, other than a party or mediator, who participates in a mediation proceeding as a witness, resource person or expert. (Rule 2, par. B, IRR, RA 9285) **WHAT IS THE STATE POLICY ON MEDIATION?** In applying and construing the provisions of these Rules, 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. A party may petition a court before which an action is prematurely brought in a matter which is the subject of a mediation agreement, if at least one party so requests, not later than the pre-trial conference or upon the request of both parties thereafter, to refer the parties to mediation in accordance with the agreement of the parties. **WHEN A MEDIATOR BE REPLACED?** If the mediator selected is unable to act as such for any reason, the parties may, upon being informed of such fact, select another mediator. (Article 3.4., IRR, RA 9285) **GROUNDS WHEREIN A MEDIATOR MAY REFUSE OR WITHDRAW SUCH?** A mediator may refuse from acting as such, withdraw or may be compelled to withdraw from mediator proceedings under the following circumstances: a\. If any of the parties so requests the mediator to withdraw; b\. The mediator does not have the qualifications, training and experience to enable him/her to meet the reasonable expectations of the parties; c\. Where the mediator\'s impartially is in question; d\. If continuation of the process would violate any ethical standards; e\. If the safety of any of the parties would be jeopardized; f\. If the mediator is unable to provide effective services; g\. In case of conflict of interest; and h\. In any of the following instances, if the mediator is satisfied that: One or more of the parties is/are not acting in good faith; The parties\' agreement would be illegal or involve the commission of a crime; Continuing the dispute resolution would give rise to an appearance of impropriety; Continuing with the process would cause significant harm to a non-participating person or to the public; or Continuing discussion would not be in the best interest of the parties, their minor children or the dispute resolution process. (Article 3.5., IRR, RA 9285) **ETHICAL CONDUCT OF A MEDIATOR** Explain the following terms as Ethical Conduct of a Mediator: 1\. Competence \-\-- It is not required that a mediator shall have special qualifications by background or profession unless the special qualifications of a mediator shall: maintain the continually upgrade his/her professional competence in mediation skills; ensure that his/her qualifications, training and experience are known to and accepted by the parties; and serve only when his/her qualifications, training and experience enable him/her to meet the reasonable expectations of the parties and shall not hold himself/herself out or give the impression that he/she does not have. Upon the request of a mediation party, an individual who is requested to serve as mediator shall disclose his/her qualifications to mediate a dispute. (Article 3.5., IRR, RA 9285) 2\. Impartially \-\-- A mediator shall maintain impartiality. 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 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 of foreseeable participant in the mediation; and Disclose to the mediation parties any such fact known or learned as soon as practical before accepting a mediation. If a mediator learns any fact described in paragraph (a) of this Article after accepting a mediation, the mediator shall disclose it as soon as practicable to the mediation parties. (Article 3.7., IRR, RA 9285) 3\. Confidentiality A mediator shall keep in utmost confidence all confidential information obtained in the course of the mediation process. A mediator shall discuss issues of confidentiality and the extent of confidentiality provided in any private sessions or caucuses that the mediator holds with a party. (Article 3.8., IRR, RA 9285) 4\. Consent and Self-Determination A mediator shall make reasonable efforts to ensure that each party understands the nature and character of the mediation proceeding including private caucuses, the issues, the available options, the alternatives to non-settlement, and that each party is free and able to make whatever choices he/she desires regarding participation in mediation generally and regarding specific settlement options. If a mediator believes that a party, who is not represented by counsel, is unable to understand, or fully participate, the mediation proceedings for any reason, a mediator may either: or limit the scope of the mediation proceedings in a manner consistent with the party\'s ability to participate, and/or recommend that the party obtain appropriate assistance in order to continue with the process; or Terminate the mediation proceedings. A mediator shall recognize and put in mind that the primary responsibility of resolving a dispute and the shaping of a voluntary and uncoerced settlement rests with the parties. (Article 3.9., IRR, RA 9285) **5. Separation of Mediation from Counseling and Legal Advice** Except in evaluative mediation or when the parties so request, a mediator shall: Refrain from giving legal or technical advice and otherwise engaging in counseling or advocacy; and abstain from expressing his/her personal opinion on the rights and duties of the parties and the merits of any proposal made. Where appropriate and where either or both parties are not represented by counsel, a mediator shall recommend that the parties seek outside professional advice to help them make informed decision and to understand the implication of any proposal; and suggest that the parties seek independent legal and/or technical advice before a settlement agreement is signed. **6. Charging of Fees.** With respect to charging of fees: A mediator shall fully disclose and explain to the parties the basis of cost, fees and charges. The mediator who withdraws from the mediation shall return to the parties any unearned fee and unused deposit. A mediator shall not enter into a fee agreement, which is contingent upon the results of the mediation or the amount of the settlement. (Article 3.11., IRR, RA 9285) **7. Promotion of Respect and Control of Abuse of Process.** The mediator shall encourage mutual respect between the parties, and shall take reasonable steps, subject to the principle of self- determination, to limit abuses of the mediation process. **8. Solicitation or Acceptance of any Gift.** No mediator or any member of a mediator's immediate family or his/her agent shall request, solicit, receive or accept any gift or any type of compensation other than the agreed fee and expenses in connection with any matter coming before the mediator. (Article 3.13., IRR, RA 9285) **CONDUCT OF MEDIATION** What are the articles to be considered in the conduct of Mediation? The articles to be considered in the conduct of Mediation are the following: a\. The mediator shall not make untruthful or exaggerated claims about the dispute resolution process, its costs and benefits, its outcome or the mediator's qualifications and abilities during the entire mediation process. b\. The mediator shall held the parties reach a satisfactory resolution to their dispute but has no authority to impose a settlement on the parties. c\. The parties shall personally appear for mediation and may be assisted by a lawyer. A party maybe represented by an agent who must have full authority to negotiate and settle the dispute. d\. The mediation process shall, in general, consists of the following stages: opening statement of the mediator individual narration by the parties; exchange by the parties; summary of issues; generation and evaluation of options; and closure f\. The mediation proceeding shall be held in private. Person, other than the parties, their representatives and mediator, may attend only with the consent of all the parties, g\. The mediation shall be closed: by the execution of a settlement agreement by the parties; by the withdrawal of any party from mediation; and By the written declaration of the mediator that any further effort at mediation would not be helpful. (Article 3.17., IRR, RA 9285) **CONFIDENTIALITY OF INFORMATION** Principles and guidelines on the information obtained through Mediation 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, mediator, or non-party participant may refuse to disclose and may prevent any other person from disclosing a confidential information. 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 involved in a mediation may not be compelled to disclosed confidential information obtained during the mediation: othe parties to the dispute; othe mediator or mediators; othe counsel for the parties; othe non-party participants oany person hired or engaged in connection with the mediation as secretary, stenographer, clerk or assistant; and oAny other person who obtains or possesses confidential information by reason of his/her profession.