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040 _cUniversity of Cebu-Banilad
_aUniversity of Cebu-Banilad
100 _aPepito, Aileen M.
245 _aAn examination of court-annexed mediation of Philippine Mediation Center (PMC)-Cebu City unit :
_ba mediator's perspective /
_cAileen M. Pepito.
260 _aCebu City :
_c2016.
_bUniversity of Cebu,
300 _avii, 41 leaves ;
_c31 cm.
336 _2rdacontent
_atext
337 _2rdamedia
_aunmediated
338 _2rdacarrier
_avolume
500 _aIncludes research instrument and letter to respondents.
501 _aThesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.
504 _aIncludes bibliographical references (leaves 36-37).
505 _a.
520 _aSummary: In an effort of the Supreme Court to address the problem in the decongestion of court dockets, it had adopted several judicial reforms one of which is the court-annexed mediation program. This program has proved its worth and becomes a prevalent form of alternative dispute resolution in the Philippines. However, despite records of its success rate in setting cases, Philippines judicial system experienced a downward trend in the number of cases mediated successfully in the next preceding year from the time it was pilot-tested. Thus, it is the primary thrust of this thesis to examine and determine the challenges encountered in the implementation of court-annexed mediation affecting such downward trend based on the perception of the selected respondent mediators of Philippine Mediation Center (PMC) Cebu City unit. The findings of the study revealed the challenges encountered, and these challenges were: (a) client's attitude towards mediation process; (b) attitude of the counsel; (c) lack of conducive venue for mediation; and (d) competency of mediators. The researcher, therefore, concluded that the presence of these challenges posed a significant risk to the effectiveness of court-annexed mediation and should thereby be addressed as soon as possible to prevent its proliferation to the detriment of the program. Highlighted in this study are the primary cause of the challenges as to the attitude of the parties towards mediation is their lack of education and awareness of the mediation. Thus, this study proposes several recommendations to address these challenges. The recommendations are that the Philippine Mediation Center (PMC) should further facilitate the promotion of mediation through the proper dissemination of information and provide continuing education to the public with regard mediation, convert the organizational structure of the Philippine Mediation Center (PMC) into a more permanent one, with a separate budget and a legislation that will institutionalize Mediation Center and provide them with their budget to enhance the implementation of court-annexed mediation. It is also further recommended that there should be a continued recruitment and training for mediators especially in subject areas that requires technical skills such as in maritime and corporate mediation. The future researchers may delve into the following studies for future research undertaking: a. The Cost-Effectiveness of Court-Annexed Mediation based on the Perception of the Parties Involved ; b. Legislation Quality for Court-Annexed Mediation.
541 _xBaldomero Estenzo
_yLaw
_zLaw
546 _aEnglish
942 _2ddc
_cTHE
998 _cLeah-Bei [new]
_d06/22/2016
998 _cAillen[checked]
_d07/16/2016
999 _c5685
_d5685