PDF VERSION | npc-circular-18-03-rules-on-mediation-with-annexes | |
DATE |
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18 December 2018 |
SUBJECT |
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Rules on Mediation before the National Privacy Commission |
Pursuant to the authority vested in the National Privacy Commission through
Section 7(b) of Republic Act No. 10173, otherwise known as the “Data Privacy Act
of 2012,” to facilitate or enable
settlement of
complaints through the
use of
alternative dispute resolution
processes; and consistent with Republic Act No. 9285, otherwise known as
the “Alternative Dispute Resolution Act of 2004,” declaring it the policy of the
State to actively promote party autonomy in the resolution of disputes and the
freedom of the parties to make their own arrangements to resolve their disputes,
the following Rules on Mediation before the National Privacy Commission are
hereby prescribed and promulgated.
Section 2. Application for Mediation. – The parties shall jointly file with the investigating officer an Application for Mediation manifesting their earnest commitment to engage in a meaningful settlement process and their willingness to abide by these Rules and the orders issued by the assigned mediation officer. No application for mediation shall be approved without payment of the mediation fee.
Section 3. Order to Mediate. – The investigating officer shall issue an Order to Mediate, which shall state the following: (a) the approval of the Application for Mediation; (b) the suspension of the complaint proceedings for sixty (60) days pending the mediation proceedings; (c) the name of the assigned or designated mediation officer who shall preside over the mediation proceedings; and (d) the date, time, and place when the parties shall appear before the mediation officer for the preliminary mediation conference. Copies of the Order to Mediate shall be furnished to the mediation officer and the parties.
Section 4. Preliminary Mediation Conference. – The mediation officer shall receive the appearances of the parties and inform them of the mediation process and the manner by which the proceedings will be conducted. The mediation officer shall stress the benefits of an early settlement of the dispute and endeavor to achieve the most fair and expeditious settlement possible.
Each party shall be allowed to make a brief statement of their respective position and preferred outcome. The mediation officer shall explore common ground for settlement and suggest options for the parties to consider.
When necessary, the parties shall agree on the schedule of the next mediation conference and the mediation officer shall issue an order therefor.
Section 5. Separate Caucuses and Subsequent Conferences.
– The mediation officer may, with the consent of both parties, hold separate caucuses with each party to enable a determination of their respective real interest in the dispute; provided, that each party shall be afforded equal time and/or opportunity to ventilate such interest and motivation. The mediation officer may call such conferences/caucuses as may be necessary to facilitate settlement.
The mediation officer shall hold in confidence any matter disclosed during the separate caucuses and shall exercise reasonable prudence and discretion in the safeguarding of such information.
Section 6. Mediation Period and Extension thereof. – The mediation officer shall endeavor to achieve a mediated settlement of the dispute within fifteen (15) days from the preliminary mediation conference, but shall, in every case, be afforded the initial period of sixty (60) days to achieve the same.
Upon reasonable ground to believe that settlement may yet be achieved beyond the initial mediation period of sixty (60) days, the period to mediate may be extended for another thirty (30) days by the mediation officer. Should no agreement be reached within the extended period, another non-extendible period of thirty (30) days may be jointly requested by the parties subject to the discretion of the mediation officer.
Section 7. Mediated Settlement Agreement. – A mediated settlement agreement following successful mediation shall be jointly prepared and executed by the parties, with the assistance of their respective counsel, if any. The execution of a mediated settlement agreement shall terminate the mediation proceedings. The mediation officer shall certify that the contents of the agreement have been explained, understood, and mutually agreed upon by the parties, and that the provisions thereof are not contrary to law, public policy, morals, or good customs.
Section 8. Confirmation by the Commission. – The mediation officer shall issue a resolution submitting the mediated settlement agreement to the Commission within five (5) days from the signing and filing thereof. Copies of the resolution shall be furnished to the parties and the investigating officer. The Commission shall thereafter issue a resolution confirming the mediated settlement agreement within fifteen (15) days from submission of the resolution and mediated settlement agreement.
Section 9. Effect of Confirmed Mediated Settlement Agreement. – A confirmed mediated settlement agreement shall have the effect of a decision or judgment on the complaint, and shall be enforced in accordance with the Commission’s rules and issuances.
Section 10. Failure to Reach Settlement. – If the parties are unable to arrive at a settlement of their dispute, or it becomes apparent that a settlement, given the disparity of the respective positions of the parties, is not likely or achievable within the sixty (60) day mediation period or the reasonable extension of such period under Section 7, the mediation officer may declare the mediation unsuccessful and terminate the proceedings by issuing a Notice of Non-Settlement of Dispute and furnishing the investigating officer and the parties with copies thereof.
Section 11. Resumption of Complaint Proceedings. – Upon receipt of the Notice of Non- Settlement of Dispute issued by the mediation officer, the investigating officer shall issue an order lifting the suspension of the complaint proceedings, which shall resume as a matter of course. Copies of the order, including the notice of the next hearing date of the complaint proceedings, shall be furnished to all the parties.
Section 12. Field Mediation. – The personnel of the Legal Division shall be authorized to conduct mediation proceedings between parties during the conduct of regional discovery conferences by the Complaints and Investigation Division.
(Sgd.) RAYMUND E. LIBORO Privacy Commissioner |
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(Sgd.) IVY D. PATDU Deputy Privacy Commissioner |
(Sgd.) LEANDRO ANGELO Y. AGUIRRE Deputy Privacy Commissioner |
Date: 18 December 2018 |