Purpose and Nature of Court Annexed Mediation
Court Annexed Mediation (CAM) is a procedural stage in civil cases aimed at achieving an amicable settlement between the parties. It is conducted after the last responsive pleading is filed and issues are joined, and is part of the pre-trial process. The objective is to provide an alternative mode of dispute resolution.
Mandatory Referral and Timing
In relevant civil cases, after the pre-trial and once issues are joined, the court shall refer the parties to mandatory CAM. This referral occurs after the last responsive pleading has been served. The period for court-annexed mediation is limited, generally not exceeding thirty (30) calendar days from the date of referral. An extension for another thirty (30) days may be granted.
CAM Procedure and Party Representation
CAM proceedings are conducted by the Philippine Mediation Center (PMC) Unit upon referral by the court. Parties are required to personally appear at the mediation. If a party cannot personally appear, their representative must be fully authorized to enter into an amicable settlement by a Special Power of Attorney (SPA). For corporations, partnerships, or other juridical entities, representation must be by an officer fully authorized through a Board Resolution or equivalent instrument. The parties select a mediator from a list provided by the PMC Unit, and the mediator assists them in negotiating a settlement. The proceedings are confidential, and notes are typically destroyed.
Non-Referrable Cases
Certain cases are specifically not referrable to CAM and Judicial Dispute Resolution (JDR). These include:
- Civil cases where the law prohibits compromise (e.g., under Article 2035 of the New Civil Code).
- Specific types of criminal cases.
- Habeas corpus petitions.
- Cases under Republic Act No. 9262 (Violence Against Women and Children).
- Cases with pending applications for provisional remedies such as Restraining Orders, Preliminary Injunctions, custody of minor children, separation of property, or support pendente lite. Cases falling under the Revised Rules on Small Claims Cases are referrable to CAM if the parties agree to undergo mediation.
Outcome of CAM: Settlement and Failure to Settle
If the parties reach an agreement during CAM, a compromise agreement is executed and submitted to the court. Upon court approval, this settlement agreement has the effect of a final judgment. If no settlement is reached, or only a partial settlement is achieved, the case proceeds to Judicial Dispute Resolution (JDR).
Sanctions for Non-Appearance
Failure of a party or their counsel to appear at the mandatory pre-trial and CAM without a valid cause is inexcusable. Such non-appearance can result in sanctions, which may include dismissal of the action with prejudice or allowing the opposing party to present evidence ex parte.