Mediation in the Philippines happens in many forums—courts (Court-Annexed Mediation and Judicial Dispute Resolution), barangays (Katarungang Pambarangay), labor and employment (SEnA/NLRC), construction (CIAC), intellectual property (IPOPHL), housing (DHSUD), consumer/insurance, and more. Whether you need a Special Power of Attorney (SPA) to attend or settle in mediation depends on two things:

the rules of the forum handling the dispute, and
the scope of authority your representative needs (mere attendance vs. making binding commitments).

Below is a practical, Philippine-specific guide to everything you need to know.

Core Legal Principles

Agency & special powers. Under the Civil Code on agency, certain acts require special authority—notably to compromise/settle claims, submit disputes to arbitration, waive rights, or accept/pay significant obligations. Mediation commonly aims at compromise, so a representative who will negotiate and bind you to a settlement must carry specific, written authority—usually an SPA for individuals, or a board resolution/secretary’s certificate for corporations.
Attendance vs. settlement authority.
- Attend only (observe, receive schedules/documents): Some venues may allow a representative with a general authorization.
- Negotiate and sign a settlement/quitclaim/compromise agreement: This almost always requires an SPA (or corporate authority) expressly granting settlement authority.
Personal appearance rules. Certain forums emphasize personal appearance of parties to encourage candid settlement. If representation is allowed, it is typically conditioned on written authority with full settlement power; otherwise, the session can be reset, marked non-appearance, or sanctioned.

By Venue: What Usually Applies

Always check the specific order/notice you received—many notices state the exact authorization required.

1) Court-Annexed Mediation (CAM) & Judicial Dispute Resolution (JDR)

Who must appear: Courts routinely require parties and their counsel.
If you send a representative: They must be fully authorized to settle.
What is checked: Mediators/judges commonly ask for an SPA (individual) or board resolution/secretary’s certificate (corporation/partnership) that explicitly empowers the representative to negotiate and sign a compromise agreement.
Consequences of non-compliance: Possible sanctions for non-appearance or lack of authority (e.g., fines, dismissal of claims/defenses, or adverse action on the case schedule).

2) Barangay Mediation/Conciliation (Katarungang Pambarangay)

Who must appear: The parties personally—lawyers generally do not appear as counsel at this stage.
Representation: Often limited. Where allowed (e.g., for juridical entities or for parties with valid reasons), the representative should bring written authority. If the goal is to enter into an amicable settlement at the barangay level (resulting in a binding amicable settlement), the safer practice is to carry an SPA with settlement authority (or corporate authority papers).
Tip: If you truly cannot appear, coordinate in advance with the Punong Barangay/Lupon to verify acceptable proof of authority.

3) Labor & Employment (SEnA / NLRC)

Conciliation/mediation focus: Quick settlement of labor disputes.
Representation: Commonly allowed with written authority; if the representative will settle or sign a quitclaim or compromise, an SPA (for individuals) or corporate authority is expected.
Practice point: Labor fora scrutinize quitclaims and settlement authority; ensure the SPA clearly permits settlement and release of claims.

4) Construction (CIAC), IP (IPOPHL), Housing/Real Estate (DHSUD), Insurance/Consumer, Etc.

These administrative or specialized venues run formal mediation tracks.
Representation is usually permitted but meaningful participation requires settlement authority. Bring an SPA (individual) or board resolution/secretary’s certificate (corporate), often with IDs and proof of position.

Individuals vs. Corporations

Individuals: Use a Special Power of Attorney. If the settlement affects conjugal/community property or significant property rights, consider obtaining the spouse’s written consent where applicable.
Corporations/Partnerships: Use a Board Resolution (or Partners’ Resolution) and a Secretary’s Certificate authorizing a named representative to appear, negotiate, and sign a settlement. Some mediators accept a General Information Sheet + notarized certificate, but a specific resolution for the dispute is best practice.

If You’re Abroad or Unable to Appear

Execution abroad: SPAs signed abroad should be notarized/apostilled (Hague Apostille) or consularized if the country is not an Apostille state.
Electronic/online mediation: Most fora accept scanned copies at session time, but may require the original to be submitted/produced later. Ask if e-notarization is acceptable (policies vary).
Identification: Attach valid government ID copies of both principal and representative.

What Happens If You Don’t Have an SPA?

You may be marked absent or lacking authority, the session might be reset, declared failed, or your side may face procedural consequences (e.g., costs or sanctions in court-related mediations).
A settlement signed without proper authority can be challenged or rendered unenforceable.

What Your SPA (or Corporate Authority) Should Contain

A. Parties & Case Details

Full name and ID details of the principal (you) and agent/representative.
Forum (e.g., “Court-Annexed Mediation at [Court/Station]” or “Barangay [Name] Lupon”) and case/docket (if any).

B. Scope of Powers (be explicit)

To appear at mediation/conciliation on your behalf.
To receive notices and documents, propose/consider terms, make offers, counteroffers.
To negotiate and compromise the dispute; to sign any settlement/amicable settlement/compromise agreement, quitclaim, release or waiver.
To submit disputes to arbitration (if escalation or hybrid clauses are possible).
To make/receive payments related to the settlement; to issue or accept checks, drafts, receipts.
To perform acts necessary to carry out the settlement (e.g., filing a joint motion to approve a compromise).
Effectivity limits: specific validity period and revocation terms.

C. Formalities

Date and place of execution.
Principal’s signature before a notary public (or apostille/consular acknowledgment if abroad).
Attachments: government IDs; if married property is affected, spousal consent; for corporate parties, board resolution + secretary’s certificate and the signatory’s ID.

Sample Clauses You Can Re-use (Philippine Style)

Special Power of Attorney (Excerpt) I, [Full Name], of legal age, Filipino, with address at [Address], do hereby name, constitute and appoint [Representative’s Full Name], of legal age, Filipino, with address at [Address], as my true and lawful Attorney-in-Fact, to act for me and in my name and stead in the mediation/conciliation of [Case/Subject] before [Forum/Office], with full power:

To appear in all mediation/conciliation sessions, receive notices and documents, and sign attendance sheets;

To negotiate, compromise, and settle my claims/defenses under such terms as my Attorney-in-Fact may deem reasonable;

To sign any amicable settlement, compromise agreement, quitclaim and release, joint motion, or related filings;

To make or receive payments pursuant to any settlement and to issue or accept receipts and acknowledgments;

To perform all acts necessary or incidental to implement the settlement, including submission to court/office for approval.

This SPA is valid until [date or condition], unless earlier revoked in writing.

IN WITNESS WHEREOF… [Signature of Principal] (Notarization block)

Corporate Authority (Secretary’s Certificate Excerpt) …that at a meeting of the Board of Directors of [Corporation] held on [date], a quorum being present, the following resolution was duly approved: “RESOLVED, that [Name/Title] is authorized to represent the Corporation in the mediation/conciliation of [case/subject; forum], negotiate and compromise, and sign for and on behalf of the Corporation any settlement/amicable settlement/compromise agreement, quitclaim and release, and related instruments, and to take all acts necessary to effectuate the same.” … (Signature of Corporate Secretary; notarization)

Practical Checklists

Bring to your mediation:

SPA (original) or corporate resolution + secretary’s certificate (original).
Government IDs of principal and representative.
Payment instruments (if settlement may involve immediate payment).
Draft settlement terms (amounts, timelines, confidentiality, default remedies, tax/withholding notes).
If abroad: apostilled/consularized SPA; soft copies for online sessions.

Settlement drafting must-haves:

Parties & capacity (individual/corporate); complete identification.
Full and final settlement wording; scope of claims released.
Payment terms (amount, schedule, mode, proof, taxes/withholding, interest for delay).
Confidentiality (if desired), non-disparagement (if applicable).
Default & remedies (confession of judgment/consent to execution if permitted, installment acceleration).
Execution & approval (court/agency approval, notarization).
Governing law & venue (if needed).

FAQs

Q: Is an SPA always required just to “attend” mediation? Not always. But if your representative needs to negotiate or sign anything binding, an SPA with settlement authority is the safest—and often required—document.

Q: My lawyer is attending—still need an SPA? If your lawyer will bind you to a compromise or sign on your behalf, the conservative and widely accepted practice is to provide an SPA expressly granting settlement authority.

Q: We’re a corporation—can our HR manager or claims officer attend? Yes, if properly authorized by board resolution/secretary’s certificate granting settlement authority.

Q: What if I can only give phone/Zoom consent during the session? Some mediators accept real-time confirmation to move discussions forward, but signing will still typically require documented authority. Don’t rely on verbal consent alone.

Q: Our dispute involves family or conjugal property—any extra step? Consider spousal consent where the settlement affects community/conjugal property or significant rights.

Bottom Line

To attend mediation, forums may differ on strictness—but if you expect real negotiations or a binding settlement, prepare an SPA (for individuals) or corporate authority papers.
Make the authority explicit (appear, negotiate, compromise, sign, pay/receive), properly notarized, and—with overseas execution—apostilled/consularized.
When in doubt, err on the side of over-authorizing the representative to avoid delays, failed sessions, or unenforceable settlements.

If you’d like, I can draft a tailored SPA/board resolution using your forum, case details, and preferred settlement parameters.