Mediation: Its Ups and Downs

A couple of years ago, I had the opportunity to apply and be accepted as one of Zamboanga City's accredited mediators of the Supreme Court of the Philippines, under the auspices of the Philippine Judicial Academy or PHILJA.

To get accredited, we underwent series of seminars and trainings. After being accredited, we were out to serve the public, finding a win-win option for all their legal problems. Through the Supreme Court's initiative, the Mediation Process has been incorporated in the pre-trial stage of any civil case and some criminal cases. The program dubbed as "court-annexed mediation" makes it mandatory for parties to appear in the mediation proceedings, although agreeing or compromising is voluntary.

Three years since I've been accredited, I have encountered quite a number of interesting cases. Some are trivial, some are really substantial in merits. Though we are not to tackle the merits of the case in the mediation proceedings, yet at times, knowledge of the law would help in the settlement of the case. You can open the eyes of both parties to the pros and cons of their case and the pros and cons of entering into a compromise agreement.

As the slogan says, "Sa mediation, walang talo, lahat panalo." Truly it is. When parties come to agree on how their case be settled, it's a feeling of relief on my part and sense of self worth as I am able to help parties settle their disputes. In court, once the case is decided, for sure one will go out happy, the other party is sad or even mad and would be contemplating on making an appeal. In mediation, after a successful proceeding, both parties will come out victorious, as their needs were all addressed. They could even save money as it would shorten the court proceedings.

On the negative side, when the parties I'm attending to are bent on pursuing their case in court, I would feel sad for them, especially if the reason behind it is just their PRIDE. This happens a number of times. No matter how I explain the benefits of compromising their case, still parties are hardened and has closed their minds to seeing the progress of their case in court. I wouldn't feel the same if either of the party is uncooperative or unreasonable. At least the other cooperating party can seek his/her most needed redress for his claims in court.  But if its only their pride that fuels them to continue their case, even if they will be subjected to debts to pay their lawyers, I would be totally disheartened. But what can I do. As mediator, I am just their to help and guide them on what best option they have. If they won't accept any of it, then by all means, I would return the case back to court.

One of the many unhappy experiences I have had just happened this morning. Parties involved were just family members and the case is a simple case of "Slight Physical Injuries." The crux of the case was simple and could be easily mediated, but mediation failed. The case was returned back to court. The reason: PRIDE. 

According to the Complainant, "Never mind Ma'am, I have initiated the case in court, I'll finish it in court." Of course I didn't surrender easily. I tried to toggle with the amount she demanded. She was demanding 25-thousand pesos as replacement of her hearing aid which according to her was destroyed by the accused during the incident complained of. The Accused on the other hand defended that it wasn't him who hit her, in fact, he was just their to help the son of the Complainant who was then mauled. The accused has no worked and had just suffered the painful loss of his wife and child. He admitted that he really cannot afford the amount asked of. I tried to arrange for an installment payment, but the Complainant would not accept without a down payment of P 7,000.00. Again, this amount is hefty, as far as the Accused's is concerned. With no employment or work at all, where can he get the money. Complainant said, well, if he (accused) cannot pay, I'd rather see him in jail and I would be happy to see that, then I can say that I have revenged. 

Sad scenario. I have settled many cases involving much bigger amount and much lenient mode of payment. Many of us nowadays really is struggling financially. If only we can be considerate. As to the case, you would feel disheartened because this is not the only case that the Complainant filed. She filed cases for anybody, even her son, who committed simple atrocities against her. Can't we just forgive and forget if the misdemeanor committed is not that serious and the cause we are fighting for is almost worthless. Life of a person is more important than pride. 

That's the downside of a mediator, but I just have to take it and look forward to better parties in a case next time.

Shalani, A Fresh Touch in the Variety Show World...

I am not really a variety show fan of Philippine Television for several reasons. Primarily, I hated how many of the hosts sound. WHY DO THEY SHOUT? WHY DO THEY HAVE TO SPEAK ALTOGETHER that it breaks my eardrums. Because they deliver their lines together, none would be understood and altogether is ANNOYING.

Another quite disturbing reason, is their manner of delivering their lines. They can't even perfect their reading. They stammer here and there. Can't they give justice to the lines they deliver. It's only a matter of one or two liner spiels, yet they stammer, or worse, they don't know when to come in.

However, there are a handful of exceptions. I appreciate a few local television hosts such as Kris Aquino, Toni Gonzaga and Boy Abunda, to name a few. You could really feel the effort they poured in. They sound prepared and if ever they'll commit flaws, you will not notice it at all as they know exactly how to immediately cope up with it or camouflage it. They are alert and observant while hosting. They do not depend totally on their scripts. They can inject impromptu comments or questions based on what is actually happening on their shows. When anything falters, they know how to react. These are qualities of a good host.

Just last Monday, while I was scanning the television channels, I accidentally tuned in to TV 5 when I caught a glimpse of a very soft-spoken lady - Shalani Soledad. Who would not know her. I was surprised what she was doing there. It's totally not her type to be in such a show - or so I thought. It was her maiden show, so I observed how she delivers her lines and the total package. 

You could really  sense her nervousness but she was able to pull it through with grace. She doesn't shout her lines at all to keep the audience alive. Because of that,  even Willie, the primary host, mellowed which brought a certain touch of solemnity or finesse, if I may call it, but not boring. The excitement was still there, the audience were still ecstatic. Every time Shalani talks, everyone will be put to a stop and would really listen intently. This happens effortlessly. She does not have to impose herself to the crowd. She comes in very feminine, yet the strength of drawing the crowd's attention is intact. It's the MAGIC of Shalani's way of hosting. 

I am hoping that with this new face on local television and a new style of hosting would eventually change the facade of the present excrutiating way of hosting done by many of our celebrities on local T.V.

Zero Waste; Is it Possible?

Over the weekend, I had the opportunity to work with a very respected person (BG-VNC) on a concept called Zero Waste. It opened my eyes to the truth: First, that our present Earth is really suffering from the drastic effects of garbage disposal made by man, from toxic chemicals and heavy metals now incorporated in the air we breath and food we intake without us knowing it. Second, that WE CAN STILL DO SOMETHING TO ADDRESS THE PROBLEM. It is just a matter of COOPERATION, SELF-DISCIPLINE AND CONSCIOUSNESS OF OUR ACTS. But no matter what we do, there would be garbage which we cannot recycle and reuse. 

According to "Greenpeace", PVC's in construction leads the pact of non-recyclable/non-biodegradable materials, such as cable/wire insulation, window frames, doors, walls, paneling, water and wastewater pipes. Other PVC's come from home products, consumer articles, office, car industry and hospital. Completing the line of non-recyclable/non-biodegradable materials are imitation leather, garden hose and furniture.

Many countries around the world are aiming for zero waste management but as of press time, only 80% of garbage can be re-used and recycled. The remaining 20% are dumped on landfills or burned in incinerators. Two processes which are both unhealthy and unstable. Landfills emits methane gas while incinerators emits dioxins, all considered as the most dangerous greenhouse gases.

BG-VNC is working on a concept which would address the 20% non-recyclable/non-biodegradable garbage problem in coordination with Universidad de Zamboanga. If successful, it will make the Philippines, particularly Zamboanga/Ipil the lead local government unit to address the problem. 

This project, which I'm most thankful to have taken a little part of, brings hope to this ailing Earth we live in.