Frontline against delay : the grant of contempt and subpoena powers to the Philippine mediation center to expidite disposition of cases / Massabielle Sherlaine L. Nebrida
Material type:
TextPublisher: Cebu City : University of Cebu, 2018Description: x, 123 leaves : illustrationsContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: The increasing number of cases filed in court and clogged court dockets is a perennial problem which causes the delay in the dispensation of justice. To address this problem, Court-Annexed Mediation (CAM) was enacted. This study resolves to explore the challenges experienced by mediators in the next context of the non- appearance of parties. This study views that there is a need to strengthen the powers of the PMC to fulfill its mandate. This study further argues that the parties who agree to mediate but do not attend mediation. Thus, to avoid pitfalls, the supreme court should, by its rule-making power, promulgate regulations that would strengthen the powers of the PMC.
The study employed a qualitative-case study method in exploring the challenges experienced by mediators in the context of non-appearance of parties during mediation.The researcher conducted the study at the Philippine Mediation Center Unit in Cebu City, Regional Trial Courts, and Appellate Court Visayas. The methods of data gathered were collated into themes by the common responses of the respondents.
The conclusions of the study showed that , as to the general question of whether the Supreme Court may grant powers to an adjunct body which is performing quasi-judicial function,under the rule-making power of the Supreme court, it might grant such powers of contempt and subpoena. But even if the Supreme Court is empowered to grant the PMC such powers, as things are now,the court systems, as well as the mediators, are not ready for that.First the PMC Unit is composed only of the PMC staff and the mediators,thus, there would be a problem as to who would and how to enforce the order of contempt and subpoena; second, not all mediators are well-versed of the nuances of the law and rules and procedures, thus, there is a necessity to improve their education, training and skills; and third, the capacity of mediators to issue orders might be questioned by the litigants because they would prefer litigation.
| Item type | Current location | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|
Thesis
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Periodicals | T N27fr 2018 (Browse shelf) | Not for loan | 3UCBLL00008553 |
Thesis (Degree of Juris Doctor)-- University of Cebu- Banilad, 2018.
Includes references (leaves 95-100).
Summary: The increasing number of cases filed in court and clogged court dockets is a perennial problem which causes the delay in the dispensation of justice. To address this problem, Court-Annexed Mediation (CAM) was enacted. This study resolves to explore the challenges experienced by mediators in the next context of the non- appearance of parties. This study views that there is a need to strengthen the powers of the PMC to fulfill its mandate. This study further argues that the parties who agree to mediate but do not attend mediation. Thus, to avoid pitfalls, the supreme court should, by its rule-making power, promulgate regulations that would strengthen the powers of the PMC.
The study employed a qualitative-case study method in exploring the challenges experienced by mediators in the context of non-appearance of parties during mediation.The researcher conducted the study at the Philippine Mediation Center Unit in Cebu City, Regional Trial Courts, and Appellate Court Visayas. The methods of data gathered were collated into themes by the common responses of the respondents.
The conclusions of the study showed that , as to the general question of whether the Supreme Court may grant powers to an adjunct body which is performing quasi-judicial function,under the rule-making power of the Supreme court, it might grant such powers of contempt and subpoena. But even if the Supreme Court is empowered to grant the PMC such powers, as things are now,the court systems, as well as the mediators, are not ready for that.First the PMC Unit is composed only of the PMC staff and the mediators,thus, there would be a problem as to who would and how to enforce the order of contempt and subpoena; second, not all mediators are well-versed of the nuances of the law and rules and procedures, thus, there is a necessity to improve their education, training and skills; and third, the capacity of mediators to issue orders might be questioned by the litigants because they would prefer litigation.
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