The Mediator

The mediation parties are given the freedom to select their mediator and they may request the Office
for Alternative Dispute Resolution (OADR) to provide them with a list or roster of its certified mediators,
and their resumes.

A mediator who refuses to act as such may withdraw or may be compelled to withdraw from the
mediation proceedings under any of the following circumstances:

1. If any of the parties requests the mediator to withdraw

2. The mediator does not have the qualifications, training and experience to enable him to meet the
reasonable expectations of the parties.

3. The mediator’s impartiality is in question.

4. The continuation of the process will violate an ethical standard.

5. The safety of one of the parties will be jeopardized.

6. The mediator is unable to provide effective services.

7. In case of conflict of interest.

8. Other instances provided for under the IRR.

Duties and Functions of Mediators

1. Prior to mediation

a. On Competence. A mediator should maintain and continually upgrade his professional competence in
mediation skills.

b. On impartiality. The mediator should make an inquiry that is reasonable to determine whether there
are known facts that a reasonable individual would consider likely to affect his impartiality; and disclose
such fact known as soon as practicable.

2. During the mediation

a. Confidentiality

b. On consent and self-determination. A mediator shall exert reasonable efforts to ensure that each
party understands the nature and character of the mediation proceedings.
c. On promotion of respect and control of abuse of process. The mediator shall encourage mutual
respect between the parties.

Mediator’s Costs and Fees

A mediator is allowed to charge costs, reasonable fees and charges against the parties but he is under
obligation to fully disclose and explain the basis.

In an ad hoc mediation, the parties are free to make their own arrangements as to mediation costs and
fees.

In an institutional mediation, mediation costs shall include the administrative charges, mediator’s fees
and associated expenses.

Mediated Settlement Agreements

The concluding document in a successful mediation is called the mediated settlement agreement. It may
also take the form of a compromise agreement.

Role of Counsel in Mediation

The lawyer or counsel so designated shall have the following roles:

1. Collaborate with the other lawyer in working together towards the common goal of helping their
clients resolve their differences to their mutual advantage.

2. Encourage and assist the client to actively participate in positive discussions and cooperate in crafting
an agreement to resolve their dispute.

3. Assist the client to comprehend and appreciate the mediation process and its benefits, as well as the
client’s greater responsibility for the success of mediation in resolving dispute.

4. Confer and discuss with the client the mediation process and substance.