The Supreme Court (SC) has approved the Rule on Family Mediation, requiring mediation in certain family-related cases to ease court congestion and protect the best interests of children.
In a resolution dated November 5, 2024, the SC En Banc adopted the Rule in A.M. No. 24-02-06-SC, mandating mediation for disputes involving spouses, parents and children, ascendants and descendants, siblings, and certain relationships within the fourth civil degree.
The Rule applies to cases concerning custody, support, visitation, property relations, guardianship, intestate estate settlements, and cross-border disputes involving child abduction, custody, support, and guardianship between a Filipino resident and a citizen of an ASEAN-member state.
It generally prohibits mediation in cases involving the civil status of persons, legal separation, future support, and habeas corpus, as well as cases under the Anti-Violence Against Women and Their Children Act and those with protection orders, unless parties agree to mediate specific aspects such as custody or property division.
“Family mediation provides an opportunity for parties to resolve disputes outside the courtroom in a non-adversarial setting, focusing on reconciliation and the welfare of the family, especially children,” the SC said in a statement.
Parties in covered cases, except cross-border disputes, must first attempt dispute resolution before filing court actions, and once a case is filed, judges will direct parties to undergo mandatory family mediation after the pre-trial conference.
Statements made during mediation cannot be used as evidence unless agreed upon by all parties, and mediators are prohibited from recording proceedings.
The SC will oversee the training, accreditation, and ethical standards of family mediators to ensure effective mediation.
Support services such as counseling and psychological assistance will be available for minors and other parties involved.
The Rule was developed through consultations and study visits, including a judicial cooperation initiative with Australia.
“The integration of child-inclusive practices and cultural sensitivity is a crucial step in ensuring that family mediation is both effective and responsive to the needs of Filipino families,” said Associate Justice Amy C. Lazaro-Javier.
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