MEDIATION AND

CONCILIATION IN THE
BARANGAY LEVEL
BY: MARILOU E. DAVID, MBA; LLB.
COURT-ANNEXED MEDIATOR
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DURATION OF MEDIATION
By the lupon chairman 15 days
computed from the date when the
parties first appeared for initial
conference.
Failure
Successful mediation
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SUSPENSION OF PERIODS
Mediation,

conciliation and
arbitration period excluded
from
the
regular
and
mandatory periods for filling
of cases and causes of action
Interruption shall not exceed
sixty days from filing of the
complaint with the punong
barangay
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STAGES OF MEDIATION
Mediators Opening Statement
Parties Opening Statement
Joint Discussion and Identification of
Issues
Impasse and Caucus
Joint Negotiation
Closure
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MEDIATORS OPENING
STATEMENT
INTRODUCTION
WELCOME
MEDIATION OVERVIEW
ROLE OF LUPON/PANGKAT
ROLE OF PARTIES
VOLUNTARY
STAGES OF MEDIATION
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MEDIATORS OPENING
STATEMENT

GROUND RULES
AUTHORITY TO SETTLE
QUESTIONS
PERMISSION TO PROCEED

PARTY PARTICIPATION
The parties must appear in person
without the assistance of counsel or
representatives except in the case of
minors and incompetents who may be
assisted by their next-of-kin who are
not lawyers.
Parties must be individuals
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Parties Opening Statements

Each party gives his version of the facts
and its effects on him.
Purpose:
To inform the mediator and the
opposing party of the facts of the dispute
from his perspective.
Vent emotions, frustrations, thoughts
(wants, interest, desires, needs)
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Parties Opening Statements

MEDIATORS TASK:

Listen,
take
notes,
list
uncontroversial
and
controversial
matters
Control the process and make sure
there is no interruption from the other
party
Ask open ended questions (what,
how, where and when)
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Joint Discussion and

Identification of Issues
Identify points of agreements and
points of disagreement and restate to
parties
encourage the parties to share their
needs and concerns towards a better
understanding
use neutral language ( no taking side
and dont blame ) & facilitate discussion
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Joint Discussion and

Identification of Issues
ask questions that clarify
Ask each party of the desired result or
solution
Ask each party to suggest other
options if impasse develops.

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GOOD COMMUNICATION
SKILLS
RESTATE
EMPHATIZE-to sympathize, understand
CLARIFY to make clear, free from
ambiguity
SUMMARIZE

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WHAT IS AN IMPASSE
DEADLOCK; a situation in which no
progress
can
be
made
or
no
advancement is possible
Stalemate; standstill; dead-end.

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WHAT IS AN IMPASSE
Reasons:
Parties are exhausted
Tactical deadlock
Personality conflicts/clash of emotions
Loss of face
Misunderstanding

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STRATEGIES FOR BREAKING

AN IMPASSE
TAKE A BREAK
Summarize the side of both parties
Clarify use question techniques like
why, how come, why not, what if

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Joint Discussion and

Identification of Issues
Good Communication Skills:
Restate
Emphatize
Clarify
Summarize
Encourage to inspire, foter
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NEGOTIATION
PROCESS
in
which
the
parties
communicate directly or indirectly for
the purpose of reaching an agreement
PATHWAY to conflict resolution
use dialogue to settle differrences

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NEGOTIATION
Parties do the negotiation in exploring
the issues and interest.
MEDIATOR
facilitates
communication skills

by

applying

Spot the positions and interests and

assist parties to move from positions to
interests.
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Factors that determine the

success or failure of NEGOTIATION
ZOPA zone of possible agreement
exist if there is potential agreement
that would benefit both sides more
than their alternatives.

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CAUCUS
Allow parties to discuss options while
not the scrutiny of the other party.
what would you be willing to offer
if the other party would agree to your
proposal?

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AFTER THE IMPASSE & PRIVATE

CAUCUS
PREPARE the compromise agreement.
Make sure that they fully understand the
terms and conditions of their compromise
agreement.

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SETTLEMENT AND CLOSURE

PARTIES must be clearly aware of the
consequences
Congratulate
the
parties.
appreciation or compliment

Give

Thank them for giving a chance to

mediation.
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ADVICE TO MEDIATORS
BE PATIENT
BE SINCERE
BE UNDERSTANDING

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THANK YOU

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