Order out of Court: Insights on the Lawyers’ Role in the Success and Failure of Mediation in Cebu City, Philippines
Author
Francis Michael C. Abad
College of Social Sciences, University of the Philippines Cebu
To address the problem of overwhelming cases pending before the judiciary, mediation has been sought as a means to settle disputes speedily and amicably. This article argues that much of the success or failure of a mediator to reach a settlement among litigants is owed to the role of lawyers who assist the parties in mediation conferences. Lawyers’ lack of training in the theory of mediation, non-consideration of traditional Filipino traits in settling disputes, improper behaviour during conferences, and overconfidence in their legal positions have influenced their clients’ willingness to see mediation as a swift and favourable alternative to lengthy court trials. In sum, a successful mediation is not only dependent on the competence of the mediator but also on the proper training of lawyers in negotiation and mediation theory, as well as the empowerment of mediators by granting them greater authority in controlling their proceedings.