Culture as accessory to mediation: A look at 'Sikolohiyang Pinoy'

Rosana Peters, a mediator of the Davao City PMC Unit, facilitated a mediation meeting between estranged spouses to settle the issue of child support. In less than a month, the disputing husband and wife resolved their conflict and signed the Compromise Agreement that became the basis for the judge to dismiss the case. In a separate interview, the husband said that the result was "fair" and he had "walay pagmahay" (no regrets about the entire mediation process.

All in a Day's Work

The case is just one of the many cases handled by 527 mediators of various PMC units all over the country. In 2005, mediation in the Philippines was already in full swing with 77 percent of mediatable cases referred to either court-annexed mediation (CAM) or judicial dispute resolution (JDR), while about 67 percent of these cases were elevated to appellate court mediation (ACM).

The pilot implementation of court-annexed mediation (CAM) in Metro Manila in 2001 resulted in a success rate of 85 percent (measured as the ratio of settled cases over total cases referred mediation). The project then expanded to Metro Cebu, San Fernando, Pamnpanga, Bacolod City, Metro Davao and Cagayan de Oro City.

The favorable acceptance of mediation as an alternative dispute resolution (ADR) mechanism has led to the opening of the new Philippine Mediation Center (PMC) units in Tacloban City and General Santos City for CAM and the new model court site in Baguio City for JDR. These mediation centers provide daily mediation services in their respective areas.

According to Chancellor Ameurfina A. Melencio-Herrera of the Philippine Judicial Academy (PHILJA) and Presiding Officer of the ADR Committee of the Supreme Court, mediation of PHILJA's response to upgrade, improve and reform the present legal and judicial system.

Why Mediation Works?

A growing acceptance of mediation in the Philippines as a form of negotiation through a neutral third party, the mediator, to bring disputing parties together to solve their problem is deeply rooted in "sikolohiyang Pinoy" (Filipino psychology).

Professor Flory L. Bolante of the De La Salle University and PHILJA lecturer on the cultural approach to mediation defines Filipino psychology as an appreciation of the indigenous knowledge of one's experience, ideas and orientation that is deeply rooted in the culture and history of Philippine society.

Bolante explains that Filipinos are by nature "collectivist" and deal with conflict in a "relational-personal" manner. This means that "when confronted with conflict, we tend to look first if the situation can be resolved through communication - kung madadala sa mabuting usapan." A classic example is traffic violation wherein one usually negotiates the offense with the traffic officer with words like, "Sir, baka puwede naman po nating pag-usapan ito (Sir, can't we talk about this first)?"

While the phrase has been tainted with negative connotations like bribery, Professor Bolante emphasizes the fundamental Filipino value inherent in the phase: the cultural, collectivist approach to conflict resolution. She says that the Filipino way of resolving a conflict always serves the interest of the community (settlement of a traffic violation as soon as possible in order not to disturb other motorists) rather than the individual (purification from a social offense). The core of this concept lies in the intrinsic Filipino value on social interaction, which looks at others (kapwa tao) as co-equal members of the community in terms of human dignity.

Since mediation involves the restoration of relationships between two conflicting parties, Professor Bolante believes that the mediator's deeper understanding of Filipino culture is a must. "As a mediator, you need to understand that Filipinos have a distinctive framework of social interaction: outsider (ibang tao or taga-labas) and insider (hindi iba or taga-loob). In order to gain their full support, you need to work with these various levels of social interaction. It would be difficult to ask the litigants to settle if you do not have their mutual trust and support.

Mainstreaming of the Cultural Approach to Mediation

Jose Name, PHILJA Supervising Judicial Staff Officer, reports that a module on Filipino Family Values and Culture is now included in the Training Manual of mediators in the Philippines. Applying the cultural approach gains approval from academics like Bolante who believe that using the popular Western models on local conflict resolution is similar to "fitting a square into a circle."

The conflict resolution model that Professor Bolante promotes is a model based on the collectivist culture of the Filipinos. She asserts that the Filipino psyche is collective and defined by terms like kadugo (blood relations), kapamilya or kaanak (family), kapatid (sibling), kapuso (of the same heart), kaibigan (friend) and kasambahay or katulong (househelp). These terms have the prefix "ka," which defines the person's equality with the specific member of the collective.

This collectivist view is demonstrated in the age-old tradition of mediating conflict based on consensus building and consultation among the Maguindanaos of Sultan Kudarat. Such tradition held keep family feuds from escalating into full-bloom wars. Historically among warring communities in northern Philippines, indigenous peace processes like the "palnah" (Apayao peace ritual) were mandated to address the roots of tribal conflict.

Dr. F. Landa Jocano of the University of the Philippines and Executive Director of PUNLAD Research House supports this collectivist view of Filipino culture. His case study of a Filipino pharamaceutical company, for example, identifies bayanihan (we help each other) as the company's way of life.

Professor Bolante believes that it is becoming more relevant to educate mediators and the public at large on the merits of a cultural approach to conflict resolution.

With a Philippine legal and judicial system rooted in "sikolohiyang Pinoy," how can we go wrong?