In the Philippine justice system, mediation—whether Court-Annexed Mediation (CAM) or Judicial Dispute Resolution (JDR)—is governed by a strict veil of confidentiality. The primary objective is to encourage open communication between parties without the fear that their admissions will be used against them in litigation. Consequently, requesting official records and copies of proceedings is not a routine administrative task but a process governed by the Alternative Dispute Resolution (ADR) Act of 2004 (Republic Act No. 9285) and relevant Supreme Court Administrative Matters.
1. The Rule of Confidentiality
Under Section 9 of RA 9285, information obtained through mediation proceedings is privileged and confidential. This includes:
- Oral or written statements made by a party or counselor.
- Documents prepared specifically for the mediation (e.g., mediation briefs).
- Research, data, or notes prepared by the mediator.
- Internal communications within the Philippine Mediation Center (PMC).
Because of this rule, a mediator cannot be compelled to testify in any subsequent proceeding regarding the mediation, and records are generally shielded from public or even judicial scrutiny.
2. Distinguishing Between Records
To request a "record," one must first identify what specific document is being sought. The accessibility varies significantly based on the document type:
- The Mediator’s Report: This is a standard form submitted to the court stating only the outcome (e.g., "Settled," "Not Settled," or "Refused to Mediate"). This is part of the public court record.
- The Compromise/Settlement Agreement: If mediation is successful, the parties sign this contract. Once submitted to the court and approved via a Judgment on Compromise, it becomes a public document.
- Notes and Minutes: Generally, mediators are instructed to destroy their personal notes after the session. Official transcripts of mediation deliberations do not exist because recording the sessions is strictly prohibited.
3. Exceptions to Confidentiality
A request for records that would otherwise be confidential may only be granted under the following circumstances (Section 11, RA 9285):
- Consent: All parties to the mediation provide written consent to the disclosure.
- Public Record: The document is already available to the public.
- Threat of Crime: The information is necessary to prevent the commission of a crime or a threat to public safety.
- Proof of Misconduct: The information is needed to prove or disprove a claim of professional misconduct or malpractice against a mediator.
- Evidence of Abuse: In cases involving domestic violence or child abuse.
4. Step-by-Step Request Procedure
Step 1: Determine the Custodian
If the case was referred by a court, the records are typically under the physical custody of the Philippine Mediation Center (PMC) Unit attached to that specific court station. Once the mediation is concluded, the final report is transmitted to the Branch Clerk of Court.
Step 2: File a Formal Request/Motion
- For Public Records (Settlement Agreements/Reports): A party or their counsel may file a written request with the Branch Clerk of Court or the PMC Unit Head.
- For Confidential Records: If seeking information protected by privilege, the party must file a Formal Motion before the judge handling the main case. The motion must clearly state the legal ground (exception) for the request.
Step 3: Clearances and Authorization
If the person requesting is not a party to the case, they must provide:
- A Special Power of Attorney (SPA) from the party.
- A valid government-issued ID.
- A legitimate "legal interest" in the document (subject to court approval).
Step 4: Payment of Fees
The requester must pay the prescribed legal fees for "certified true copies."
- Payments are made to the Clerk of Court (Judiciary Development Fund and General Fund).
- Receipts must be presented back to the PMC or the Branch Clerk before the release of documents.
5. Summary Table: Accessibility of Mediation Artifacts
| Document Type | Status | Required Action |
|---|---|---|
| Notice of Mediation | Public | Simple request for copy |
| Mediator's Report | Public | Simple request for copy |
| Settlement Agreement | Public (Post-Approval) | Request from Clerk of Court |
| Parties' Mediation Briefs | Confidential | Requires written consent of all parties |
| Mediator's Personal Notes | Protected | Not subject to discovery/request |
| Audio/Video Recordings | Prohibited | Not applicable (Illegal to record) |
6. Important Caveats
- Sanctions: Unauthorized disclosure of confidential mediation information can lead to sanctions, including contempt of court or administrative liability for legal professionals.
- Admissibility: Even if a record is obtained, it may still be deemed inadmissible as evidence in the main case if it relates to an offer of compromise, pursuant to the Rules of Evidence.