Salient Features of
DO No. 15, s. 2012
(Alternative Dispute Resolution System –
Mediation in the Department of Education)
DepED – Regional Offive V
November 17, 2017
Presentation Outline
What are the salient topics?
1 Objectives
2 Subject of Mediation
3 Form of Complaint
4 Mediation Process
5 Qualification of the Mediator
6 Incentives
7 Differences between ADR, Grievance Proceedings and Administrative Case
DepED – RO5 Legal Section
Alternative Dispute Resolution
What are the objectives of ADR? (Sec.2)
1 Manage disputes at the lowest possible level
Provide an alternative procedure and enhance the existing
2
mechanism in managing disputes
Develop the capabilities of personnel in managing disputes at
3
all levels
DepED – RO5 Legal Section
Alternative Dispute Resolution
What are the cases cognizable
by the ADR? (Sec.4)
An act or omission of DepED officials/employees alleged to be
1 unreasonable, unfair, oppressive, discriminatory, unjust,
improper or ineffecient, AND
2
Which falls under light offenses, where,
3
The corresponding penalty is REPRIMAND.
DepED – RO5 Legal Section
Alternative Dispute Resolution
What are the cases cognizable
by the ADR? (Sec.4)
1 Section 58 (C), DO No. 49, s. 2006
2 There are 17 light offenses under DO No. 49, s. 2006
3 Other similar cases under light offenses.
DepED – RO5 Legal Section
Alternative Dispute Resolution
What are the cases which cannot be the
subject of ADR? (Sec. 4, (2)
1 Sexual harassment cases,
2 Child Abuse Cases (DO 40, s. 2012),
3 Cases involving Violence Against Women and Children,
4 Cases not enumerated under Section 4 (1) of DO No. 15, s. 2012,
Issues and Problems related to Performance Evaluation System (now RPMS) – this
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is cognizable under grievance proceedings,
6 Motu proprio cases, and
7 Anonymous Complaints
DepED – RO5 Legal Section
Alternative Dispute Resolution
How do we file the complaint under ADR?
(Sec 5)
1 Oral or,
2 In writing, or
3 Through electronic means.
DepED – RO5 Legal Section
Alternative Dispute Resolution
What are the contents of the complaint?
1 Facts
2 Name of the complainant/person being complained of
3
COMPLETE address and contact number of the complainant/person of being
complained of
DepED – RO5 Legal Section
Alternative Dispute Resolution
What is a Mediation Unit? (Sec. 6)
1 Manages disputes
2 Constituted by the Head of Office
3 Two members who are not non-mediators
4 One member preferably from the Legal Office/Unit
DepED – RO5 Legal Section
Alternative Dispute Resolution
How does ADR work? (Sec. 7)
1 Complainant submits his/her complaint to the Head of Office;
2 Mediation Unit determines whether ADR is necessary;
3 If ADR if possible, Mediators are selected by the parties;
Initial conference shall be conducted within 15 c/d from the date of acceptance by
4
the selected mediator;
Disputants may agree on the schedule of the subsequent conferences if
5
warranted;
6 Disputants sign an agreement to mediate
Failure of one disputant to attend two (2) sessions without prior notice and/or
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justifiable cause shall warrant the termination of the mediation proceedings.
DepED – RO5 Legal Section
Alternative Dispute Resolution
How does ADR work? (Sec. 7)
If no settlement agreement is reached within 30 calendar days from the date of the
8 initial conference, the mediator may close and termiante the mediation
proceedings;
9 Unless there is a written request from disputants to extend the process
10 If ADR if possible, Mediators are selected by the parties;
Initial conference shall be conducted within 15 c/d from the date of acceptance by
11
the selected mediator (30 days maximum extension);
12 If settlement is reach, disputants sign an agreement
Settlement may be deposited to the clerk of court of the appropriate RTC having
13
jurisdiction over the place
DepED – RO5 Legal Section
Alternative Dispute Resolution
What are the grounds for the termiantion of
mediation proceeding? (Sec. 7)
1 A disputant (party) withdraws from the mediation process;
2 A written settlement agreement is executed and duly signed by the parties;
3 No settlement agreement is reached; and
4 A threat or statement of a plan to inflict bodily injury or commit a crime of violence;
Intentionally used to plan a crime, attempt to commit a crime, or conceal an
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ongoing crime or criminal activity.
DepED – RO5 Legal Section
Alternative Dispute Resolution
Who are the parties in the mediation
process? (Sec. 8)
1 Complainant/s and the person/s being complained of
2 Disputants (parties in ADR) appear in person
3 Parties may appear with or without a legal counsel
4 Legal counsels act as consultants ONLY (unless they are one of the
disputants)
DepED – RO5 Legal Section
Alternative Dispute Resolution
Am I qualified to become
a mediator? (Sec. 9)
1 You should possess the following qualifications
a Has willingness to ASSIST the disputing parties;
b Displays patience, empathy and integrity;
Has completed 40 hours of classroom training on mediation and corresponding 40
c
hours of intership;
Certified by a recognized mediation training institution and by DepED as a
d
mediator;
DepED – RO5 Legal Section
Alternative Dispute Resolution
Is it possible to re-open the termianted
mediation proceeding? (Sec. 12)
1 Yes.
a A request to re-open should be submitted to the mediation unit.
b ONE TIME request only
c Discretionary to the Mediation Unit.
DepED – RO5 Legal Section
Alternative Dispute Resolution
Are mediators allowed to receive
compensation/funding/incentives?
(Sec. 9)
1 Yes.
a Mediation in DepED is FREE.
b However, honoraria may be granted;
DepED – RO5 Legal Section
Alternative Dispute Resolution
What are the differences between Grievance
Proceedings and ADR and Administrative Cases?
Grievance Proceedings (no lawyers allowed except if they are
1
the complainants)
Management, policy implementation, benefits, human resource actions,
a
curriculum;
Administrative Case; (with or without a lawyer, they
2
participate)
It is an offense sanctioned by DO 49, s. 2006 and RACCS; usually less grave and
a
grave offenses
Alternative Dispute Resolution; (lawyers are simply
3
consultants)
a It is a light offense the imposable penalty is reprimand
DepED – RO5 Legal Section
Questions?
