Judicial Dispute Resolution (JDR): An Overview
Judicial Dispute Resolution (JDR) is a component of the judicial proceedings aimed at facilitating amicable settlement. It is part of the pre-trial stage in civil cases.
Purpose of JDR
The purpose of JDR is to achieve an amicable settlement between parties. It is considered an alternative mode of dispute resolution. The JDR judge actively assists parties in negotiating and reaching a mutually acceptable settlement.
Timing and Referral to JDR
JDR is conducted after Court Annexed Mediation (CAM) has been attempted and the parties have failed to settle their dispute. After the last responsive pleading is filed and issues are joined, the judge issues an order referring the case to CAM and JDR processes. All incidents or motions filed during the first stage (including CAM/JDR) are dealt with by the JDR judge.
JDR Procedure
The JDR process is conducted by a judge, referred to as the JDR judge. This judge briefs the parties and counsel on the CAM and JDR processes. The JDR judge's role is to appear at the preset date before the JDR judge, acting as a neutral evaluator and/or conciliator. The JDR judge assists parties in actively negotiating for settlement, evaluates the relative strengths and weaknesses of each party's case, provides a non-binding neutral evaluation, and persuades parties towards a fair and mutually acceptable settlement.
Cases Not Referrable to JDR
Certain cases are specifically not referrable to JDR (and CAM). These exceptions include:
- Civil cases where the law prohibits compromise, such as those under Article 2035 of the New Civil Code.
- Certain criminal cases not covered under specific paragraphs.
- Habeas corpus petitions.
- Cases under Republic Act No. 9262 (Violence Against Women and Children).
- Cases with pending applications for provisional remedies like Restraining Orders, Preliminary Injunctions, custody of minor children, separation of property, or support pendente lite. However, Small Claims Cases may be referred to CAM if the parties agree, although the general non-referral rule might apply to JDR in such cases unless specifically agreed upon.
Outcome of JDR
If the parties reach a settlement during JDR, a compromise agreement is executed and submitted to the court for approval, which results in a final judgment. If no settlement is reached or only a partial settlement is achieved during JDR, the case proceeds. The JDR Judge shall not preside over the trial of the case when the parties did not settle their dispute at JDR.
Sanctions for Non-Appearance
Failure of a party or their counsel to appear at the mandatory pre-trial, CAM, and JDR without a valid cause is inexcusable. Such non-appearance can lead to sanctions by the JDR judge, including dismissal of the action with prejudice or allowing the opposing party to present evidence ex parte. Valid causes for non-appearance typically include acts of God, force majeure, or duly substantiated physical inability.