Philippine Mediation Center

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Mediation in the Court of Appeals

Q

Q What is What is Appellate Appellate Court Mediation?Court Mediation?

Mediation is the process of resolving disputes with the

Mediation is the process of resolving disputes with the help of a neutral third party (mediator) tohelp of a neutral third party (mediator) to reach a settlement that is mutually acceptable to all parties.

reach a settlement that is mutually acceptable to all parties.

Appellate Court Mediation (ACM) is a mediation program in the Court

Appellate Court Mediation (ACM) is a mediation program in the Court of Appeaof Appeals (CA) corollaryls (CA) corollary to Court!Anne"ed Mediation in the lower courts. #t provides a conciliatory approach in conflict to Court!Anne"ed Mediation in the lower courts. #t provides a conciliatory approach in conflict resolution. $hrough ACM the CA promotes a paradigm shift in

resolution. $hrough ACM the CA promotes a paradigm shift in resolving disputes from a resolving disputes from a rights!rights! based (%udicial) to an

based (%udicial) to an interest!based (minterest!based (mediation) process.ediation) process. Q

Q &ow is Ap&ow is Appellate Court Mediation differpellate Court Mediation different from Court!Anne"ed Mediaent from Court!Anne"ed Mediation or 'udicialtion or 'udicial ispute esolution?

ispute esolution?

#n Court!Anne"ed Mediation a case eligible

#n Court!Anne"ed Mediation a case eligible for mediation at a for mediation at a *irst +evel Court or *irst +evel Court or egional $riaegional $riall Court during the pre!trial stage is referred by the presiding %udge to

Court during the pre!trial stage is referred by the presiding %udge to the ,hilippine Mediationthe ,hilippine Mediation Center (,MC) -nit for mediation. Mediation is successful if the parties enter into

Center (,MC) -nit for mediation. Mediation is successful if the parties enter into a Compromisea Compromise Agreement and the %udge renders a decision based on this agreement. #f it fails or

Agreement and the %udge renders a decision based on this agreement. #f it fails or the partiesthe parties refuse to undergo mediation the case goes bac to court for trial.

refuse to undergo mediation the case goes bac to court for trial.

#n 'udicial ispute esolution under the '-#/ ,ro%ect the mediation process is also in

#n 'udicial ispute esolution under the '-#/ ,ro%ect the mediation process is also in the lowerthe lower courts and mediation is conducted %ust lie in

courts and mediation is conducted %ust lie in Court! AnneCourt! Anne"ed Mediation. #f mediation fails or the"ed Mediation. #f mediation fails or the parties refuse me

parties refuse mediation the case goediation the case goes bac to the %udge who ds bac to the %udge who does not yet try the caoes not yet try the case. $he %udgese. $he %udge acting se0uentially as Conciliator 1eutral 2valuator and Mediator or

acting se0uentially as Conciliator 1eutral 2valuator and Mediator or a combination of the a combination of the threethree attempts to convince the parties to settle their case amicably. #f the parties still refuse to settle the attempts to convince the parties to settle their case amicably. #f the parties still refuse to settle the case goes bac to court for trial.

case goes bac to court for trial.

#n Appellate Court Mediation the case has been

#n Appellate Court Mediation the case has been tried and %udgment has tried and %udgment has been rendered at the lower been rendered at the lower courts but has

courts but has been appealed to the Court been appealed to the Court of Appeals (CA). $hus ,arty A of Appeals (CA). $hus ,arty A already won the case inalready won the case in the lower courts but ,arty 3 appealed the decision to

the lower courts but ,arty 3 appealed the decision to the CA.the CA. Q

Q What are the bWhat are the benefits of Aenefits of Appellate Court Mediationppellate Court Mediation?? *or the

*or the %udiciary %udiciary Appellate Court Mediation as Appellate Court Mediation as part of part of the /upreme Court4s Action ,rogram forthe /upreme Court4s Action ,rogram for 'udicial eform (A,') aims to

'udicial eform (A,') aims to reduce the congestion of court docets. A review of pre!ACMreduce the congestion of court docets. A review of pre!ACM court statistics shows that although the disposal rate is

court statistics shows that although the disposal rate is high at 56.7 percent the number of caseshigh at 56.7 percent the number of cases added to the baclog grows at an annual rate of

added to the baclog grows at an annual rate of 76 percent. Mediation offers a promising solution76 percent. Mediation offers a promising solution to lessening this baclog.

to lessening this baclog.

*or litigants after mediation has

*or litigants after mediation has failed in the failed in the lower courts Appellate Court Mediation provides anlower courts Appellate Court Mediation provides an added option to put an end

added option to put an end to costly and long!drawn litigation. /ince mediation is a non!to costly and long!drawn litigation. /ince mediation is a non! adversarial approach to resolving a case in

adversarial approach to resolving a case in court it facilitates the interest!based settlement of court it facilitates the interest!based settlement of thethe dispute through proposals coming from the parties themselves or suggested by the mediator and dispute through proposals coming from the parties themselves or suggested by the mediator and accepted by the parties.

accepted by the parties.

Mediation helps litigants settle their dispute and rebuild their relationship. #t

Mediation helps litigants settle their dispute and rebuild their relationship. #t is a win!win solutionis a win!win solution for both parties.

for both parties. Q

Q When and When and how did implemehow did implementation of ntation of ACM startACM start?? $he /upreme Court authori8ed the ,hilippine

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mediation program in the

mediation program in the Court of Appeals on April 9: ;<<;. $he pilot ACM ,ro%ect ran forCourt of Appeals on April 9: ;<<;. $he pilot ACM ,ro%ect ran for almost three months from /eptember 9: to 1ovember ;; ;<<; with

almost three months from /eptember 9: to 1ovember ;; ;<<; with a success rate of := percent.a success rate of := percent. $hirty!one appellate court mediators from the rans

$hirty!one appellate court mediators from the rans of retired %ustices and %of retired %ustices and %udges senior membersudges senior members of the 3ar and senior

of the 3ar and senior professors of law participated in the professors of law participated in the orientation worshop conducted byorientation worshop conducted by e"perts from the ,hilippines and

e"perts from the ,hilippines and /ingapore./ingapore.

$he /upreme Court approved the institutionali8ation

$he /upreme Court approved the institutionali8ation of Appellate Court Mediation (ACM) onof Appellate Court Mediation (ACM) on March ;> ;<< following the successful pilot!test. #t also approved the evised @uidelines for the March ;> ;<< following the successful pilot!test. #t also approved the evised @uidelines for the #mplementation of Mediation in

#mplementation of Mediation in the Court of Appeals to provide the the Court of Appeals to provide the legal framewor.legal framewor.

*rom ;<< to ;<<: ,&#+'A went on to recruit and train a core of mediation faculty from A *rom ;<< to ;<<: ,&#+'A went on to recruit and train a core of mediation faculty from A practitioners and the a

practitioners and the academe revisecademe revised the training curricd the training curriculum and materials to mulum and materials to mae them moreae them more relevant to the ,hilippine setting developed case study materials from actual cases trained a new relevant to the ,hilippine setting developed case study materials from actual cases trained a new batch of 79 mediators

batch of 79 mediators for the Court of for the Court of Appeals caAppeals capped their training with pped their training with an internship programan internship program that re0uired each mediator to handle at least two ongoing cases formally launched the CA that re0uired each mediator to handle at least two ongoing cases formally launched the CA Mediation Center at the

Mediation Center at the ground floor of the ground floor of the CA ACA Anne" 3uilding and finally nne" 3uilding and finally developed adeveloped a Mediation $raining Manual for the Court of Appeals. $he ,ro%ect irector who supervised this Mediation $raining Manual for the Court of Appeals. $he ,ro%ect irector who supervised this pro%ect was ,rof

pro%ect was ,rofessor Aessor Alfredo *lfredo *. $. $adiaradiar.. Q

Q What orgaWhat organi8ations are helping implni8ations are helping implement the Aement the ACM ,rogram?CM ,rogram?

$here are si" institutions woring together to implement the mediation process in the

$here are si" institutions woring together to implement the mediation process in the Court ofCourt of Appeals.

Appeals.

The Court of Appeals (CA) The Court of Appeals (CA)

/elects and refers cases and other documents or

/elects and refers cases and other documents or information for mediation.information for mediation.

Philippine Judicial

Philippine Judicial AcadeAcademy my (PHILJA)(PHILJA)

Bversees the training program of appellate court

Bversees the training program of appellate court mediators and assigns a mediators and assigns a ,MC (CA) coordinator,MC (CA) coordinator to oversee the operations of a ,MC (CA) office among other responsibilities.

to oversee the operations of a ,MC (CA) office among other responsibilities.

Philippine Mediation Center-CA Philippine Mediation Center-CA

&elps facilitate successful mediation by providing administrative and

&elps facilitate successful mediation by providing administrative and operational support services.operational support services.

Public Information ffice of the !upreme Court (!C-PI) Public Information ffice of the !upreme Court (!C-PI)

Assists in the in

Assists in the in formation education and communication campaigformation education and communication campaign program of the pro%ect.n program of the pro%ect.

Inte"rated #ar of the Philippines (I#P) Inte"rated #ar of the Philippines (I#P)

Collaborates with ,&#+'A in its mediation advocacy and assists

Collaborates with ,&#+'A in its mediation advocacy and assists in the disciplinary actions in the disciplinary actions forfor erring mediators.

erring mediators.

Philippine Association of La$ !chools (PAL!) Philippine Association of La$ !chools (PAL!)

#ncludes Altern

#ncludes Alternative ispute esolution (A) courses (including ative ispute esolution (A) courses (including Mediation) and negotiatingMediation) and negotiating sills in the curriculum and re!orients law professors and students on legal aid.

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Q

Q Are all cases elevateAre all cases elevated to the Court of Appeals eligible fd to the Court of Appeals eligible for Appellaor Appellate Court Mediation?te Court Mediation? 1o. Bnly the following ca

1o. Bnly the following cases elevated to the ses elevated to the Court of ACourt of Appeals are eligiblppeals are eligible for Ae for Appellate Courtppellate Court Mediation

Mediation

1. 1. Civil cases b

Civil cases brought

rought on or

on ordinary appeal

dinary appeal or petition

or petition for rev

for review

iew..

2. 2. App

Appeal

eals

s fr

from

om na

nal

l or

order

ders,

s, awa

award

rds,

s, jud

judgme

gments

nts,

, re

resol

soluti

ution

ons

s of

of

the Court of a! Appeals and "uasi#judicial agencies in the

e!ercise of their "uasi#judicial functions through petition for

review or certiorari that "uestions a decision for having been

rendered in grave abuse of discretion amounting to lac$ of

jurisdiction.

hese

hese "uasi#judicial

"uasi#judicial agencies

agencies include

include the

the following%

following% Central

Central

&o

&oar

ard

d of

of As

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sess

ssme

ment

nt Ap

Appe

peal

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riti

ties

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and

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echnology 

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7. 7. 'peci

'pecial civil action

al civil actions for certio

s for certiorari, e!

rari, e!cept thos

cept those involvi

e involving pur

ng pure

e

"uestions of law.

8. 8. 9abea

9abeas corpus :cou

s corpus :court order dir

rt order directing law enfo

ecting law enforce

rcement oc

ment ocials

ials

or custodians of detained persons to produce that person in

court; cases involving custody of minors, with the consent of

th

the

e pa

part

rtie

ies,

s, pr

prov

ovid

ided

ed th

that

at th

the

e mi

mino

nor

r is

is no

not

t de

deta

tain

ined

ed fo

forr

commission of a criminal o<ense.

.

. Crim

Criminal case

inal cases cogni6a

s cogni6able by the =atar

ble by the =atarungan

ungang -am

g -ambaran

barangay

gay

:&a

:&aran

rangay

gay >us

>ustic

tice

e 'ys

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er *

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c Ac

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10?

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or

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both

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imprisonment.

Q

Q What cases cWhat cases cannot be mediated undannot be mediated under Aer ACM?CM?

1. 1. Civil ca

Civil cases, wh

ses, which by law can

ich by law cannot be com

not be compro

promise

mised.

d.

2. 2. Cr

Crim

imin

inal

al ca

case

ses

s e

e!c

!cep

ept

t th

thos

ose

e un

unde

der

r o

o.

. 8

8 ab

abov

ove

e :h

:hab

abea

eas

s

corpus of minors not detained for a criminal o<ense;.

7.

(4)

subject is detained for commission of a criminal o<ense.

8 8.. C

Ca

as

se

es

s

w

wiitth

h

p

pe

en

nd

diin

ng

g

ap

a

pp

plliic

ca

attiio

on

n

ffo

or

r

rre

es

sttrra

aiin

niin

ng

g

orders@preliminary injunctions, unless both parties re"uest for

mediation

Q

Q Who is 0ualified to serWho is 0ualified to serve as mediator in ve as mediator in Appellate Appellate Court Mediation?Court Mediation? Bnly an Appellate Mediator who is trained

Bnly an Appellate Mediator who is trained and accredited by the ,hilippine 'udicial Academyand accredited by the ,hilippine 'udicial Academy (,&#+'A) can mediate in the

(,&#+'A) can mediate in the Court of Appeals.Court of Appeals.

As a basic 0ualification heDshe must be a retired %ustice %udge

As a basic 0ualification heDshe must be a retired %ustice %udge senior member of the 3ar orsenior member of the 3ar or senior law professor who possesses creative problem!solving sills and has

senior law professor who possesses creative problem!solving sills and has strong interest instrong interest in mediation.

mediation. Q

Q What are the dWhat are the duties and responsibilities of uties and responsibilities of an Aan Appellate Mediator?ppellate Mediator? /ince mediation proceedings are confidential violations made by

/ince mediation proceedings are confidential violations made by either party or even the either party or even the mediator mediator will be sanctioned.

will be sanctioned.

1. 1. Con

Conduc

ducts

ts med

mediat

iation

ion pr

proce

oceedi

edings

ngs and

and cal

calls

ls cau

caucus

cuses

es :pr

:priva

ivate

te

meetings with each party; whenever necessary.

2 2.. /

/u

urriin

ng

g

m

me

ed

diia

attiio

on

n

p

prro

oc

ce

ee

ed

diin

ng

gs

s%%

a. informs parties of the rules and procedures for mediation

b.

b. as

asse

sess

sses

es th

the

e ri

ris$

s$s

s an

and

d co

cost

sts

s of

of co

cont

ntin

inui

uing

ng li

liti

tiga

gati

tion

on

c

c.

. d

drra

aw

ws

s o

ou

ut

t tth

he

e u

un

nd

de

errlly

yiin

ng

g iin

ntte

erre

es

stts

s o

of

f tth

he

e p

pa

arrttiie

es

s

d. e!plores common ground for settlement

7 7.. Ma

May

y su

sug

gge

gest

st o

op

pti

tio

ons

ns fo

for

r tthe

he pa

parrti

ties

es to

to co

cons

nsid

ider

er a

and

nd,

, if

if

practical or necessary, see$ the assistance of a co#mediator to

assess :on a nonbinding basis; the strengths and wea$nesses

of each partys case.

8. 8. May re"

May re"uest for a cour

uest for a court order to imp

t order to impose appr

ose appropria

opriate sanct

te sanctions

ions

if the parties fail to comply with the directives of the mediator

such as, but not limited to, the payment of mediation fees,

app

appear

earanc

ance

e of

of par

partie

ties

s dur

during

ing sch

schedu

eduled

led con

confer

ferenc

ences,

es, and

and

submission of written authority of representatives prior to the

mediation

mediation proceedings.

proceedings.

.

. -r

-repar

epares the written ter

es the written terms of the compr

ms of the compromis

omise agreem

e agreement that

ent that

disposes of the dispute in whole or

disposes of the dispute in whole or in part.

in part.

0 0.. Ma

May

y te

terrm

min

inat

ate

e m

med

edia

iati

tio

on

n at

at an

any

y ti

tim

me

e if

if p

par

arti

ties

es ar

are

e no

nott

interested to settle.

.

. 4f the parti

4f the parties fail to re

es fail to reach a settle

ach a settlement

ment, retur

, returns the case to the

ns the case to the

CA /ivision of origin and ma$es a condential report to the

-hilippine Mediation

-hilippine Mediation Center

Center#CA on

#CA on the reasons for failure.

the reasons for failure.

B. B. /iscl

/iscloses to the pa

oses to the parties any ci

rties any circu

rcumst

mstance that m

ance that may cre

ay create or

ate or

give the appearance of a conict of interest and any other

ci

(5)

impartiality.

D. D. (ns

(nsur

ures

es str

strict cond

ict condent

entiali

iality

ty of

of all comm

all communi

unicat

cation

ions

s mad

made

e by

by

the parties during the

the parties during the mediation proceedings.

mediation proceedings.

Q

Q What is the proceWhat is the process in Ass in Appellate Court Mediationppellate Court Mediation??

$he entire mediation process in the appellate level consists of five phases (9) $he entire mediation process in the appellate level consists of five phases (9) selection of case (;) resolution

selection of case (;) resolution to appear (>) agreement to mediate ()to appear (>) agreement to mediate () mediation proceedings and (7) disposition of

mediation proceedings and (7) disposition of case.case.

Phase %& !election of Cases Phase %& !election of Cases

1. 1. he /ivis

he /ivision Cler

ion Cler$ of Court, wit

$ of Court, with the assis

h the assistance of the -M

tance of the -MC#CA

C#CA,,

identies the pending cases for mediation to be approved by

th

the

e -

-on

onen

ente

te ::>u

>us

sti

tice

ce in

in ch

char

arge

ge of

of th

the

e ca

case

se;

; ei

eith

ther

er ffor

or

completion of records or for decision.

2. 2. he petit

he petitioner or ap

ioner or appellan

pellant speci

t species, by writi

es, by writing or by stam

ng or by stamping

ping

on the right side of the caption of the initial pleading :under

the case number;, that the case is "ualied for

the case number;, that the case is "ualied for mediation.

mediation.

7. 7. 4f

4f th

the

e ca

case

se is

is el

eligi

igibl

ble

e fo

for

r me

medi

diat

atio

ion,

n, th

the

e -

-on

onen

ente

te,

, wi

with

th th

the

e

concurrence of the other members of the /ivision, refers the

case to the

case to the -MC#CA.

-MC#CA.

Phase '&

Phase '& esolution to Appearesolution to Appear

1. 1. he -o

he -onen

nente, with the concu

te, with the concurr

rrenc

ence

e of other mem

of other member

bers

s of the

of the

/i

/iv

vis

isio

ion,

n, is

issu

sue

es

s a

a rres

esol

olut

utio

ion

n ::af

afte

ter

r s

sub

ubm

mis

issi

sio

on

n of

of tthe

he

appellants brief or after the ling of a petition for review or

ce

cert

rtio

iora

rari

ri;

; di

dirrec

ecti

ting

ng th

the

e pa

part

rtie

ies

s to

to ap

appe

pear

ar at

at th

the

e -M

-MC#

C#CA

CA

without counsel to consider the possibility of mediation.

2. 2. he re

he resolut

solution also s

ion also suspe

uspends the ru

nds the running of th

nning of the period to 

e period to le

le

the appellees brief or comment on the petition for review or

certiorari, as the case may be, until further order of the

certiorari, as the case may be, until further order of the Court.

Court.

Phase & A"reement to Mediate

1 1.. Ep

Epon

on ag

agrree

eem

men

ent

t of

of tthe

he pa

parrti

ties

es to

to m

med

edia

iate

te,

, tthe

he -M

-MC#

C#C

CA

A

re"uires the parties to e!ecute an Agreement to Mediate in a

form provided for the purpose.

2. 2. he pa

he parti

rties cho

es choose a med

ose a mediat

iator and the da

or and the date and tim

te and time of

e of the

the

initial mediation conference.

7. 7. he Cour

he Court then fur

t then furnishe

nishes the follo

s the following doc

wing documen

uments to the -MC

ts to the -MC##

C

(6)

a. Appellants brief and any memorandum or record on appeal

b. /ecisions or +rders of the court@tribunal being appealed or

subject to certiorari

Phase *&

Phase *& Mediation ProceediMediation Proceedin"sn"s

1. 1. h

he

e me

medi

diat

ator

or tr

trie

ies

s to

to co

comp

mple

lete

te th

the

e me

medi

diat

atio

ion

n pr

proc

ocee

eedin

dings

gs

within thirty :7?; days from the date of the initial mediation

conference. 9owever, the duration of mediation proceedings

may be e!tended for another thirty :7?; days if there is a

re"uest for e!tension based on a

re"uest for e!tension based on a justiable ground or reason.

justiable ground or reason.

2. 2. 4n

4ndiv

divid

idua

ual

l pa

part

rty

y li

litig

tigan

ants

ts ar

are

e rre"

e"uir

uired

ed to

to at

atte

tend

nd me

medi

diat

atio

ion

n

conferences in personF corporate parties must be represented

by a corporate

by a corporate ocer duly authori6ed by &oard resolution.

ocer duly authori6ed by &oard resolution.

7. 7. 4n

4nit

itia

ial

l me

medi

diat

atio

ion

n co

confe

nferren

ence

ces

s ar

are

e he

held

ld in

in th

the

e -M

-MC#

C#CA

CA,

, bu

butt

subse"uent mediation conferences may be held outside the

CA with notice to the

CA with notice to the Court.

Court.

Phase +& ,isposition of

Phase +& ,isposition of CasesCases

1 1.. 4f

4f tthe

he pa

parrti

ties

es ag

agrree

ee to

to a

a fu

full

ll or

or p

par

arti

tial

al co

com

mpr

prom

omis

ise,

e, tthe

he

med

mediat

iator

or dra

draft

fts

s wr

writt

itten

en ter

terms

ms wit

with

h the

the con

concur

currrenc

ence

e of

of the

the

parties@counsel.

2. 2. h

he

e pa

part

rtie

ies@

s@co

coun

unse

sel

l an

and

d me

medi

diat

ator

or si

sign

gn th

the

e co

com

mpr

prom

omis

ise

e

agreement which is transmitted to the Court.

7. 7. h

he

e Co

Cour

urt

t ap

appr

prov

oves

es th

the

e co

comp

mprrom

omis

ise

e ag

agrree

eeme

ment

nt,

, rren

ende

ders

rs

judgment

judgment upon

upon a

a full

full or

or partial

partial comprom

compromise,

ise, as

as the

the case

case may

may

be, and ma$es an immediate entry of

be, and ma$es an immediate entry of judgment.

judgment.

8. 8. 4n the case of full settl

4n the case of full settleme

ement, the par

nt, the partie

ties agre

s agree

e to with

to withdra

draw

w

the appeal and enter into a mutual satisfaction of claims and

cou

counte

nterc

rclai

laims

ms.

. Epo

Epon

n re

recei

ceipt,

pt, the

the Cou

Court

rt rrend

enders

ers an

an or

order

der of

of

dismissal.

.

. 4f the

4f the par

partie

ties

s fai

fail

l to reac

to reach

h a

a set

settle

tlemen

ment, the

t, the med

mediat

iator ret

or retur

urns

ns

the case to the /ivision of origin. 9e or she then ma$es a

co

con

nde

dent

ntia

ial

l rrep

epor

ort

t to

to th

the

e -M

-MC#

C#CA

CA on

on th

the

e rrea

easo

sons

ns fo

for

r th

the

e

failure.

&ow lon

&ow long does g does the methe mediation procediation process tae ss tae under under ACM?ACM?

he mediation pr

he mediation process ideally ta$

ocess ideally ta$es thirty :7?; days fr

es thirty :7?; days from the date

om the date

of the initial

(7)

may be e!tended for another period

may be e!tended for another period not e!ceeding an additional

not e!ceeding an additional

thirty :7?; days after a motion is led with the Court.

Q

Q &ow muc&ow much does medih does mediation coation cost?st?

Mediation fees in the amount of one thousand pesos (,9<<<.<<) are collected by the Cler Mediation fees in the amount of one thousand pesos (,9<<<.<<) are collected by the Cler ofof Court of the trial court upon

Court of the trial court upon filing of the 1otice of Appeal or by the Cler of Court of filing of the 1otice of Appeal or by the Cler of Court of the Court of the Court of Appeals for cases that are

Appeals for cases that are directly filed therein.directly filed therein.

$he collected amount becomes part of the Mediation *und which is utili8ed for the

$he collected amount becomes part of the Mediation *und which is utili8ed for the promotion ofpromotion of court!anne"ed mediation and other relevant modes of alternative dispute

court!anne"ed mediation and other relevant modes of alternative dispute resolution (A)resolution (A) training of mediators payment of mediator4s fees and the operating e"penses of ,MC units training of mediators payment of mediator4s fees and the operating e"penses of ,MC units nationwide.

nationwide. Q

Q Who are Who are e"empt from pe"empt from paying the meaying the mediation fee?diation fee?

A pauper litigant is e"empt from paying the mediation fee. $he unpaid amount is a lien to A pauper litigant is e"empt from paying the mediation fee. $he unpaid amount is a lien to anyany monetary award in a %udgment favorable to the pauper litigant.

monetary award in a %udgment favorable to the pauper litigant. $he accused!appellant is also e"empt from p

$he accused!appellant is also e"empt from p aying the mediation fee.aying the mediation fee. Q

Q Are mediation Are mediation proceedings proceedings admissible as eviadmissible as evidence?dence?

All matters discussed or communicated by the parties (including the re0uest for mediation) during All matters discussed or communicated by the parties (including the re0uest for mediation) during mediation conferences and documents presented before

mediation conferences and documents presented before the ,MCCA are privileged andthe ,MCCA are privileged and confidential. $hese are inadmissible as evidence for any

confidential. $hese are inadmissible as evidence for any purpose in any other purpose in any other proceedings.proceedings. &owever evide

&owever evidence or information that nce or information that is otherwise admissible does not is otherwise admissible does not become inadmissiblebecome inadmissible solely by reason of its use

solely by reason of its use id mediation. $his is to prevent the abuse of id mediation. $his is to prevent the abuse of this privilege by craftythis privilege by crafty parties or their couns