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.