Mediation Procedures

Step 1: Filing a complaint

You may file a complaint with any of the following:

ü NCM Main Office at the PCCI in McKinley Hills, Taguig City

ü NCM Regional Offices

ü Any of the convenor organizations

Completely fill out the Request for Mediation Form. You may hand deliver or submit via email. Please make sure that you fill out all the pertinent information.

Pay the filing fee.

Step 2: Notice of Mediation

The NCM Secretariat shall send a Notice of Mediation to both the complainant and respondent indicating the schedule of the preliminary conference. Should the parties wish to send a representative; a notarized Special Power of Attorney will be required. Please refer to Mediation Forms for details of the Special Power of Attorney.

Step 3: Attend the Preliminary Conference

The preliminary conference will be an opportunity for both parties to understand the process and guidelines for mediation.

The NCM shall raffle off the case to a mediator from its roster. This step will require parties to agree on the mediator who will handle the case. Should, for any reason, the mediator is unable to handle the case, the parties shall each pick three (3) names from the roster of available mediators. The common name will be chosen. If no common name appears, the NCM shall recommend a mediator to be agreed upon by all parties.

Step 4: Sign the Agreement to Mediate Form

Parties are given a copy of the Agreement to Mediate for their review. This form outlines pertinent details to the process of mediation such as timeframe, roles, ground rules and the like. They shall sign the Agreement to Mediate Form to signify their intent to formally enter into the mediation process.

Step 5: Mediation Sessions

Each mediation session lasts three (3) hours. Should it run beyond three (3) hours, it shall be counted as another mediation session.

The mediator begins with his opening statement which will include, but not limited to:

a. basic information about himself

b. provide the role of a mediator

c. discuss the rules of the mediation sessions and get the parties’ commitment to abide by these rules

d. get the parties’ approval to proceed

Parties are each given uninterrupted time to express their statements. There will be a series of exchanges between the parties and / or private caucuses with each of the party.

All information gathered during the mediation sessions shall be kept confidential and may not be used outside the mediation process.

Step 6: End of the Mediation Process

A mediation case may end with any of the following:

a. Successful Mediation: Parties sign an Agreement where details of settlement are enumerated.

b. Failure of mediation: Parties decide to end the mediation sessions without an agreement. The parties may opt to bring the case to other processes such as conciliation, arbitration or litigation.

Enforcement of Settlement Agreements:

For successful mediation cases, the settlement agreement may be deposited to the Regional Trial Court (Clerk of Court), either jointly or by any one party, at the branch where any of the party holds its place of business or residence. The NCM abides by existing rules of the Supreme Court and other governing bodies on the registration and enforcement of mediation agreements.

Parties are asked to fill out a Mediator’s Evaluation Form despite the outcome of the case.

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