DOJ rallies support for mediation

CEBU, Philippines — The Department of Justice Office for Alternative Dispute Resolution (OADR) is seeking the support from stakeholders for the success of the second attempt to revive its National Prosecution Service (NPS) mediation program.

Pursuant to Republic Act 9285 otherwise known as the Alternative Dispute Resolution (ADR) Act of 2005, the Rules on Mediation in the NPS was signed by DOJ Secretary Menardo Guevarra on July 10, 2019.

During the stakeholders’ forum held in Mandaue City yesterday, OADR Executive Director Bernadette Ongoco reported that the rules will be published on Saturday and will take effect after 15 days.

Cebu City Prosecutor’s Office is among the pilot areas in the implementation of the program.

Cebu City Prosecutor Liceria Rabillas is appealing to her fellow prosecutors, lawyers and would be private mediators to collaborate for the success of the program.

She said despite the common goal and immeasurable effort of the government, particularly the DOJ and the Supreme Court, to promote and encourage alternative modes of dispute resolution, the judiciary continues to be plagued with congested dockets.

Rabillas reported that their office has been disposing of more than 10,000 cases per year, 50 to 80 cases for inquest per day, and 350 to 400 cases for preliminary investigation each month.

She said that many of these cases can be mediated and subject for amicable settlement.

Rabillas believes that this is the most opportune time for the OADR to resurrect and spearhead once again the pilot implementation of the program in consonance with its mandate to promote, develop and expand the use of ADR in the public and private sectors.

“By doing so, we are not only helping the parties to resolve their conflicts amicably, but we are also providing solutions that are less time-consuming, less tedious, less confrontational, and more productive of goodwill and lasting relationships,” said Rabillas in her inspirational message.

Rabillas said that when their office started conducting mediation proceedings last 2015 until 2016, significant number of cases were resolved and terminated within the prosecution level without parties being constrained in pursuing their cases in courts.

“Yes, the proceedings were tedious and cumbersome, but the prosecutors assistance and valuable efforts in the communication and negotiation of the parties in reaching a voluntary agreement regarding their disputes have been helpful and worthy of eloquent recognition,” she said.

As lawyers who stand at the forefront of the judicial system, Rabillas is asking the support of the pilot implementation of the program.

“Let us give life and spirit to our four-fold duty to the courts, by doing our part in the decongestion of court dockets; to our clients, by helping them settle their disputes in a speedy, inexpensive and impartial manner; to our fellow lawyers, by being fair and reasonable in all our dealings, most especially in our common pursuit for voluntary settlements; and most especially to the public, by contributing the maintenance of and orderly and peaceful society,” Rabillas further said.

Funded by European Union, the OADR and Governance for Justice (GO JUST) have extensively trained around 70 mediators composed of city prosecutors, lawyers and private professionals last month.

Trained mediators will undergo a 40-hour internship program as standard of the OADR in order to be included in the roster of accredited mediators under the supervision of Cebu City Senior Assistant City Prosecutor Rhodna Bacatan as the mediation coordinator. — FPL (FREEMAN)