The Rule intends to promote mediation as an alternative mode in resolving cases involving families and children. 

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The Rule governs cases within the jurisdiction of family courts, first and second-level courts, and the Court of Appeals involving suits:

1. Between husband and wife;
2. Between parents and children;
3. Among other descendants and ascendants; 
4. Among brothers and sisters, whether of the full or half blood;
5. Relatives within the fourth civil degree of consanguinity or affinity; or
6. Parties in a common-law, dating, or sexual relationship, whether former or current.

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Family mediation is described as a process in which a mediator, facilitates the resolution of family disputes involving the abovementioned parties and supports the parties’ voluntary agreements. In all cases, the mediator shall ensure that the proceeding must be child-inclusive and upholds the best interests of the child and the family. Family mediation is mandatory in the following cases:

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1. All cases involving issues under the Family Code of the Philippines, and other laws, which can be the subject of a compromise agreement, such as support, custody, visitation, property relations, and guardianships;
2. Settlement of intestate estates involving the above-listed parties;
3. Cross-border disputes in international child abduction, support, custody and visitation, guardianship, and other civil cases involving children filed in the Philippines; or 
4. Other civil cases or the civil aspect of criminal cases where mediation is allowed by law, the rules, and international conventions, provided that it involves the covered parties.

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No action involving Nos. 1, 2, and 4, shall be filed in court unless the parties underwent family mediation and failed to reach an amicable settlement evidenced by a certification. Additionally, the court shall include a directive for parties to undergo mandatory Family Mediation in the Pre-Trial Order.  If a settlement is reached, the parties shall prepare the compromise agreement with the assistance of their respective council, then the mediation proceeding shall be terminated. If mediation is unsuccessful and if convinced that settlement is still possible, the court shall immediately refer the case for a Judicial Dispute Resolution (“JDR”).

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance in family mediation, consult with a legal professional.

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Padin & Partners Law Offices is a full-service law firm based in Cebu City, Cebu Philippines, that offers legal services such as assistance in family mediation and family law concerns in Cebu City, Cebu, Philippines. For consultations: book an appointment or reach us at +63 (32) 316-1540 or +63 917 188 0361.

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