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Agreement of Parties on the Place of

Mediation
• The parties are free to agree on the place of mediation. Failing
such agreement, the place of mediation shall be any place
convenient and appropriate to all parties.
• Agreement to Submit a Dispute to Mediation by an Institution . An
agreement to submit a dispute to mediation by an institution shall include
an agreement to be bound by the internal mediation and administrative
policies of such institution. Further, an agreement to submit a dispute to
mediation under institutional mediation rules shall be deemed to include
an agreement to have such rules govern the mediation of the dispute and
for the mediator, the parties, their respective counsels and non-party
participants to abide by such rules.
Operative Principles to Guide Mediation
• The mediation shall be guided by the following operative

principles: A settlement agreement following successful
mediation shall be prepared by the parties with the assistance of
their respective counsels, if any, and by the mediator. The parties
and their respective counsels shall endeavor to make the terms
and condition of the settlement agreement complete and to make
adequate provisions for the contingency of breach to avoid
conflicting interpretations of the agreement.
• B.The parties and their respective counsels, if any, shall sign the
settlement agreement. The mediator shall certify that he/she explained
‘the contents of the settlement agreement to the parties in a language
known to them.
• C. If the parties agree, the settlement agreement may be jointly deposited by
the parties or deposited by one party with prior notice to the other party/ies
with the Clerk of Court of the Regional Trial Court (a) where the principal
place of business in the Philippines of any of the parties is located; (b) if any
of the parties is an individual, where any of those individuals resides; or (c)
in the National Capital Judicial Region. Where there is a need to enforce the
settlement agreement, a petition may be filed by any of the parties with the
same court, in which case, the court shall proceed summarily to hear the
petition, in accordance with the Special ADR Rules.
• D. The parties may agree in the settlement agreement that the mediator
shall become a sole arbitrator for the dispute and shall treat the
settlement agreement as an arbitral award which shall be subject to
enforcement under Republic Act No. 876, otherwise known as “The
Arbitration Law’, notwithstanding the provisions of Executive Order
No. 1008, s. 1985, otherwise known as the “Construction Industry
Arbitration Law” for mediated disputes outside of the Construction
Industry Arbitration Commission.
CONFIDENTIALITY OF
INFORMATION
• Information obtained through mediation proceedings

shall be subject to the following principles and
guidelines:
• 1. Information obtained through mediation shall be
privileged and confidential.

• 2. A party, mediator, or non-party participant may
refuse to disclose and may prevent any other person
from disclosing a confidential information.
• Confidential information shall not be subject to discovery and shall be
inadmissible in any adversarial proceeding, whether judicial or
quasijudicial. However, evidence or information that is otherwise
admissible or subject to discovery does not become inadmissible or
protected from discovery solely by reason of its use in a mediation.
• 4. In such an adversarial proceeding, the following persons involved or
previously involved in mediation may not be compelled to disclose
confidential information obtained during the mediation:
• 5. The
protections of the ADR Act shall continue to apply even if a
mediator is found to have failed to act impartially.
• 6. A mediator may not be called to testify to provide confidential

information gathered in mediation. A mediator who is wrongfully
subpoenaed shall be reimbursed the full cost of his/her attorney’s fees
and related expenses.
• A privilege arising from the confidentiality of
information may be waived in a record or orally during a
proceeding by the mediator and the mediation parties.
• B. With the consent of the mediation parties, a

privilege arising from the confidentiality of information
may likewise be waived by a nonparty participant if the
information is provided by such non-party participant
• C. A person who discloses confidential information shall be precluded
from asserting the privilege under Confidentiality of Information to
bar disclosure of the rest of the information necessary to a complete
understanding of the previously disclosed information. If a person
suffers loss or damage as a result of the disclosure of the confidential
information, he/she shall be entitled to damages in a judicial
proceeding against the person who made the disclosure.

• D. A person who discloses or makes a representation about a
mediation is precluded from asserting the privilege mentioned in
Confidentiality of Information to the extent that the communication
prejudices another person in the proceeding and it is necessary for
the person prejudiced to respond to the representation or disclosure.

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GROUP- 2

Agreement of Parties on the Place of

• The mediation shall be guided by the following operative

• Information obtained through mediation proceedings

• 6. A mediator may not be called to testify to provide confidential

• B. With the consent of the mediation parties, a

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