Hannah- Mediator Jeanny- Boyfriend/ mediator Clive- Girlie Rap- Bestie

Narrator : Now we will discuss about Mediation under the ADR act of 2004. Among the
forms of alternative dispute resolution, mediation and arbitration are the most common
and popular. In general, mediation is a voluntary process in which a mediator, selected
by the disputing parties in reaching a voluntary agreement regarding a dispute.
The advantages of mediation Under section 8 of ADR act of 2004 gave the ff.
assurances:
1. Confidentiality in the mediation process
2. Prompt, economical and amicable resolution of disputes and
3. The decision making authority rests in the parties.
The person who conducts the mediation is called MEDIATOR and the parties thereto
are mediation parties. ADR Provider means the Institutions or persons accredited as mediators, conciliators,
arbitrators, neutral evaluators or any person exercising similar functions in any Alternative dispute resolution system.
This is without prejudice to the rights of the parties to choose non-accredited individuals to act as mediator,
conciliator, arbitrator or neutral evaluator of their dispute.

Excluded from the coverage of ADR Act are court-annexed mediation and court referred
mediation. The former is a process conducted under auspices of the court and the latter
is a mediation ordered by a court to be conducted in accordance with the agreement of
the parties when in action is prematurely commenced in violation of such agreement.
Lupong tagspamahala is also excluded in the coverage of ADR.

Me and my group mates will try to make you understand what chapter 3 is all about.
Scene 1

One morning , Girlie woke up and check his boyfriends cellphone then she saw
something that made her angry
Clive : Whos this Baby oink?! (Galit at pasigaw)
Jeanny: Huh?! Just a friend babe, dont get mad. Let me explain
Clive: Okay explain this text- HI BABY, I MISS YOU SO MUCH. I ENJOYED OUR
Oh my God, Oh my God!!!!! (exaggeration pls) I HATE YOU! I HATE YOU SO MUCH!
Were done!!!!! (sampal)
Narrator: Then girlfie walked out
Scene 2
Narrator: after a week, bestie the best friend of girlie uploaded a photo wearing her
Channel swimsuit and girlie immediately went there to confront her best friend.
Clive: Hey you! give my swimsuit back!
Rap: Excuse me?!!
Clive: How dare you to wear it, Thats more expensive than your life! Bitch!!!!
Rap: FYI, My boyfriend gave it to me during our weeksary duuuuuhhh
Clive: I forgot that swimsuit in my exs house So hes the boyfriend youre talking
about?!
Rap: Who?! Boyfie ? Yes, hes my boyfriend
Clive: You son of a bitch ( sugurin mo na, go girl lol)
Scene 3:
(pupunta si Captain kay bestie at girlie para awatin sila at dalhin sa Barangay hall)
Scene 4:
Narrator:

Before we proceed on stages of Mediation, classifications of ADR must be the first one
to discuss, as to its form mediation focuses on the facilitation of communication and
negotiation between parties in order to encourage them to voluntarily settle their dispute.
It is NON-EVIDENTIARY OR NON-MERIT BASED. For the structure , mediation is
either institutional when administered by, and conducted under the rules of mediation
institution and ad hoc if it is other than institutional.

Stages of mediation
A.) OPENING STATEMENT
Mediator: Welcome to this mediation session. I am Hannah Aure, an accredited ADR
provider. So before we start, are you both available for an at least two hours should it
require that amount of time?
Both Parties: Yes
Mediator: I have no affiliation with the both of you nor I am acquainted to you prior this
meeting, is that correct?
Both Parties: Yes
Mediator: If any of you has a disability or is not feeling well please inform me right
away.
Mediator: In general, mediation is a voluntary process in which a mediator, selected by
the disputing parties in reaching a voluntary agreement regarding a dispute. The person
who conducts the mediation is called MEDIATOR and the parties thereto are mediation
parties.
My role here is just to act as a neutral person who facilitates your conversation. I
will only assist you at arriving at a solution but I wont be suggesting one. I will not take
sides during this session and have no power to force a decision on you or decide how
this matter should be settled.

As parties, you are here to resolve your dispute with the observance of mutual
respect between yourselves. We are here to listen to what one has to say and well try to
meet halfway, is that alright?
Both Parties: Yes
Mediator: Okay. We will now proceed to your individual narration. Please go ahead
Girlie.
B.) Individual Narration by parties
Clive: The swimsuit is mine, I bought that in France and I have here the photo of that
swimsuit and also the receipt. Me and my ex bf broke up about a week ago and I forgot
to take the swimsuit with me. ( Roll your eyes )
Mediator: And for your side bestie?
Rap: I told you, Boyfie gave the swimsuit to me during our weeksary after we had .
(oooppppsss) ( takip bunganga )
Mediator: Lets proceed to the Exchange by the parties

C.) Exchange by the partiesClive: Okay this is my condition, The swimsuit is yours and (Jeanny is mine)
Rap: NO WAY!!!!
(seconds of sabunutan)
Clive: Give my swimsuit back plus P2,000 pesos for damages
D.) Summary of issues
Mediator: We are now at the Summary of issues. Please be informed that pursuant to
Sec 9 Chapter 2 of RA 9285 (ADR Act) the Confidentiality of information gathered in this
mediation process is assured. The said section states that as a general rule..(*read

provision); However such Confidentiality is subject to exceptions. Section 11 provides

that,.. ..(*read provision);
Furthermore, such Confidentiality may be waived pursuant to Section 10 which states
that.. (*read provision)

Now, let me just make it clear that Girlie told us the ff:
a) That the swimsuit is hers
b) That she bought that in France and she have here a photo of that swimsuit and
also the receipt.
c) That she and my ex bf broke up about a week ago and thereafter forgotten to
take the swimsuit with her.
d) That she first suggested to settle by letting bestie have the swimsuit on the
condition that the latter will give back boyfie to girlie.
Meanwhile, bestie stated the ff:
a) That Boyfie gave the swimsuit to her during our weeksary after they had
(oooppppsss)
b) That she is does not agree with girlies condition
After a while, girlie changes her proposition and suggested to settle by
demanding back her swimsuit plus P2,000 pesos for damages.

(Wag na kayong magsalita after summary of issues)

E.) Generalization and evaluation of options and

F) Closure

*Narrator: the forgoing process, however is not obligatory and the parties under the
principle of self-determination and party autonomy , may choose the procedure that will
govern their mediation. And the process shall be in private unless the parties consent to
the presence of persons other than themselves, their representatives and the mediator.
Moreover, mediation shall be closed and concluded by execution of a settlement
agreement by the parties; by withdrawal of any party from mediation ; or by written
declaration of mediator that any further effort at mediation would not be helpful.