Mediation as the most popular among the ADR, is an emerging profession which is believed to be a mainstream profession by 2020 not only on the national level but also in the international arena--such as in the United Nations system.

1. WELCOME and MABUHAY !WELCOME and MABUHAY !
Mr. VirGILio G. GundayaoMr. VirGILio G. Gundayao, MBA/MPA, FRIPA, MBA/MPA, FRIPA
Accredited Court-Annexed MediatorAccredited Court-Annexed Mediator
Exec. Dir., Graft-Free PhilippinesExec. Dir., Graft-Free Philippines, a national project of, a national project of PhilippinePhilippine Jaycee SenateJaycee Senate
2004 Exec. Director, Junior Chamber International (JCI) Phils.2004 Exec. Director, Junior Chamber International (JCI) Phils.
Immediate Past Exec. Director, JC Leaders InternationalImmediate Past Exec. Director, JC Leaders International
Ex-AMO, CSCEx-AMO, CSC Mamamayan Muna, Hindi Mamaya Na!Mamamayan Muna, Hindi Mamaya Na! ProgramProgram
Candidate, Doctor in Public Administration (DPA)Candidate, Doctor in Public Administration (DPA)

2. MEDIATION: An EmergingMEDIATION: An Emerging
Profession in Public AdministrationProfession in Public Administration

4. 3 BRANCHES
of the
GOVERNMENT
LEGISLATIVE EXECUTIVE JUDICIARY
Learning objectives:
1.Understand, relate, and appreciate the
essence, relevance, and practicality of mediation
as an emerging profession in public
administration system.
2.Identify, explain and/or expound the dynamics of
conflict, as well as the possibility of converting it into
more productive, manageable, and controlled
environment by means of mediation as an intervention
towards a more peaceful way of resolving conflicts.
3.Apply the knowledge of dispute settlement in any
conflicting situation, anytime, anywhere, anyhow.
4.Raise awareness on the emerging profession of
Mediation as a career in both domestic and international
level.

5. Principle of SEPARATION OF POWERSPrinciple of SEPARATION OF POWERS
- each government branch is not permitted to- each government branch is not permitted to
encroach upon the powers confided to others.encroach upon the powers confided to others.
Arbitrary rule would result if the same body is toArbitrary rule would result if the same body is to
exercise all the powers of the government.exercise all the powers of the government.

6. Principle of CHECKS AND BALANCESPrinciple of CHECKS AND BALANCES
- authorizing a considerable amount of encroachment or- authorizing a considerable amount of encroachment or
checking by one branch in the affairs of the others. Eachchecking by one branch in the affairs of the others. Each
branch is given certain powers with which to check thebranch is given certain powers with which to check the
others.others.
 Pres.may disapprove bills enacted by CongressPres.may disapprove bills enacted by Congress
 Congress may reject appointments by the Pres.Congress may reject appointments by the Pres.
 Judiciary may declare unconstitutional laws enacted byJudiciary may declare unconstitutional laws enacted by
the Congress, as well as Exec. administrative issuances.the Congress, as well as Exec. administrative issuances.

12. Office of the Ombudsman
OFFICE OF THE OMBUDSMAN
 alternative form of dispute resolution (MEDIATION)
 voluntary and inexpensive process
 minor and non-graft cases : non-payment of debts,
threats, simple dishonesty, misconduct, and failure to
provide financial support
 72% of 909 cases successfully mediated
Request for
assistance
Mediation
Regional offices
Multi-media
Anti-Red Tape
Resident
Ombudsman
Network

13. Mediation in the PhilippinesMediation in the Philippines
Quasi-Judicial Bodies/Government AgenciesQuasi-Judicial Bodies/Government Agencies
 CSC (OPR, PSLMC ) EO 180CSC (OPR, PSLMC ) EO 180
 Insurance Commission; CDA; BSP, BIR (DOF)Insurance Commission; CDA; BSP, BIR (DOF)
 DARAB (DAR), EO 129-A)DARAB (DAR), EO 129-A)
 Bureau of Trade Regulation and ConsumerBureau of Trade Regulation and Consumer
Protection; IPO, RA 8293 (DTI)Protection; IPO, RA 8293 (DTI)
 NCIP (DENR)NCIP (DENR)
 NLRC; NCMB; BLR (DOLE - PD 442)NLRC; NCMB; BLR (DOLE - PD 442)
 BFAD (DOH)BFAD (DOH)
 BFAR, NFA, SRA, NMIC (DA)BFAR, NFA, SRA, NMIC (DA)
 ERB ; WESM (DOE)ERB ; WESM (DOE)
• Others: HLURB, LTFRB, COSLAP, EO 561,Others: HLURB, LTFRB, COSLAP, EO 561,
NTCNTC

14. Established under RA
9285 as an attached
agency to the Department
of Justice

15. ..

16. INSTITUTIONAL MEDIATION
A.PRIVATE SECTOR:
1. Philippine Dispute Resolution Center, Inc.
(PDRCI)
2. The ADR Center for Negotiation, Mediation &
Arbitration
3. PCCI’s National Mediation Center (NMC)

17. Alternative Dispute Resolution (ADR)
Amicable Dispute Resolution
Arbitration
Mediation
Conciliation
Minitrial
Fact-FindingJudicial
Referee

18. Mediator Gil G. GundayaoMediator Gil G. Gundayao
I.D. MNL 13-001I.D. MNL 13-001
Supreme Court En Banc ResolutionSupreme Court En Banc Resolution
AM No. 13 12-05-SC-PHILJA (Res. 13-39)AM No. 13 12-05-SC-PHILJA (Res. 13-39)

19. Mediation is a confidential
intervention/process where a
trained neutral third party
facilitates the negotiation between
parties, and using learned
techniques, helps them reach a
voluntary, mutually satisfying
agreement (CA/SA)—that
promotes empowerment & mutual
recognition.

20. Mediation asMediation as
Essentially AssistedEssentially Assisted
NegotiationNegotiation
Mediator Gil G. Gundayao, MBA/MPA, FRIPAMediator Gil G. Gundayao, MBA/MPA, FRIPA
Candidate, Doctor in Public Administration (DPA)Candidate, Doctor in Public Administration (DPA)
Mediator ID MNL 13-001Mediator ID MNL 13-001
A.M. No. 13-12-05-SC-PHILJA, Supreme CourtA.M. No. 13-12-05-SC-PHILJA, Supreme Court
En Banc, Resolution dated January 14, 2014.En Banc, Resolution dated January 14, 2014.
Philippine Mediation Center (PMC) Caloocan UnitPhilippine Mediation Center (PMC) Caloocan Unit

21. The JudiciaryThe Judiciary
SOURCE: 2002 Revised Manual of Clerks of Court.
COURT-ANNEXED
MEDIATION (CAM)
A.M. No. 01-10-5-SC
PHILJA, October 16, 2001

22. Appointment of the Mediator as an Officer of the Court

23. Man must evolve for all human conflict a method
which rejects revenge, aggression, and retaliation.
The foundation of such a method is love.
-- Martin Luther King

26. 2626
That was purely
gratuitous!
..

28. 80% chance of success
Leaves customers in control
Better outcome
Quick
Less costly
Flexible
Less stress
More fun

30. The main thing
is to keep the main thing
the main thing
Stephen R. Covey
The Seven Habits of Highly Effective People, 1989
Mediation really can be mainstream by

31. Undergraduate/Undergraduate/
MastersMasters
programsprograms
 80 in USA80 in USA
 15 in UK/Ireland15 in UK/Ireland
 6 in Europe6 in Europe
 14 in Japan14 in Japan
 3 in Australia3 in Australia
 4 in Latin America4 in Latin America
 7 in Israel7 in Israel
 1 in Africa1 in Africa
 1 starting in Peshawar,1 starting in Peshawar,
Pakistan(Coex alum!)Pakistan(Coex alum!)
PhD programs
 George Mason U
 Notre Dame
 Nova Southeastern
 University of
Manitoba
 University of
Sydney
 University of
Bradford
 American
University
 Lancaster U
 Bar Ilan U
University of
Gotheborg
 Uppsala University
 Kings College
London

32. Any occupation wishing to exercise authority
must find a technical basis for it,
assert an exclusive jurisdiction,
link both skill and jurisdiction to standards of training
and convince the public that its services
are uniquely trustworthy and tied to a set of professional
norms
Harold J. Wilensky
Professor Emeritus of Political Science, UC Berkeley
The Professionalization of Everyone? 1964

33. 3333
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C C E P T A N
A D E R S H I
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A R D S T I C K S







TheThe KeysKeys
to Mediation as a Global Professionto Mediation as a Global Profession
C A T I O N S
7

37. The United Nations Common SystemThe United Nations Common System
The WB Group and the IMF -- although specialized agencies ofThe WB Group and the IMF -- although specialized agencies of
the United Nations – claim to be not part of the commonthe United Nations – claim to be not part of the common
system.system.

38. Common System Organizations
United Nations (UN) World Health Organization (WHO)
United Nations Development Programme
(UNDP)
International Civil Aviation
Organization (ICAO)
United Nations Population Fund (UNFPA) Universal Postal Union (UPU)
United Nations Office for Project Services
(UNOPS)
International Telecommunication Union
(ITU)
United Nations High Commissioner for
Refugees (UNHCR)
World Meteorological Organization
(WMO)
United Nations Children's Fund (UNICEF)
International Maritime Organization
(IMO)
United Nations Relief and Works Agency for
Palestine Refugees in the Near East
(UNRWA)
World Intellectual Property
Organization (WIPO)
International Trade Centre (ITC)
International Fund for Agricultural
Development (IFAD)
International Labour Organization (ILO)
United Nations Industrial Development
Organization (UNIDO)
Food and Agriculture Organization (FAO)
International Atomic Energy Agency
(IAEA)

39. INTERNATIONAL MEDIATION
UNDER THE INTERNATIONAL CHAMBER
OF COMMERCE (ICC)
On January 1, 2014, the Mediation Rules
of the International Chamber of Commerce
based in Paris came into force.
These Rules are administered by the ICC
International Centre for ADR.

40. PEACEFAKING PEACEMAKING PEACEBREAKING

41. "We are constantly being astonished at the amazing discoveries in the
field of violence. But I maintain that far more undreamt-of and
seemingly impossible discoveries will be made in the field of non-
violence.”--M. K. Gandhi (Photos in this presentation have been taken from various websites)

43. ReferencesReferences
 International Chamber of Commerce (ICC)International Chamber of Commerce (ICC)
 Supreme Court of the Philippines (SCP)Supreme Court of the Philippines (SCP)
 Philippine Judicial Academy (PhilJA)Philippine Judicial Academy (PhilJA)
 Philippine Mediation Center (PMC) OfficePhilippine Mediation Center (PMC) Office
 Department of Justice (DOJ)Department of Justice (DOJ)
 Office for Alternative Dispute Resolution (OADR)Office for Alternative Dispute Resolution (OADR)
 Private corporate and individual website addresses asPrivate corporate and individual website addresses as
duly acknowledgedduly acknowledged
 Trainors, Speakers, Authors duly quoted herein.Trainors, Speakers, Authors duly quoted herein.
 International Mediation Institute (IMI)International Mediation Institute (IMI)

44. aaHenry Wadsworth Longfellow:Henry Wadsworth Longfellow:
The heights by great men reached and keptThe heights by great men reached and kept
were not attained by sudden flight,were not attained by sudden flight,
but they, while their companions slept,but they, while their companions slept,
were toiling upward in the night.were toiling upward in the night.

45. Thank you.Thank you.
Best of luck.Best of luck.