The Supreme Court has recently given the green light to a new set of rules designed to facilitate mediation in family disputes. Announced in a press release, the Rule on Family Mediation was officially approved on November 5, 2024, and became effective on December 29, 2024. This rule introduces a structured approach to resolving conflicts within families through mediation, a process where a neutral third party helps disputing parties reach a voluntary agreement.
The initiative is intended to meet the growing demand for family mediation, both domestically and internationally, streamline the operations of family courts, alleviate court congestion, and prioritize the welfare of children. The rule applies to disputes between spouses, parents and children, other direct relatives, and even those in common-law, dating, or sexual relationships, whether past or present.
Mediation under these new rules is designed to be non-confrontational and inclusive, particularly encouraging the participation of children to voice their perspectives on matters affecting them. The focus remains on achieving outcomes that serve the best interests of the child and the family as a whole.
The scope of family mediation includes negotiating compromise agreements on issues like support, custody, visitation rights, property relations, and guardianship as defined by the Family Code. It also extends to settling estates without wills, handling international child abduction cases, and other civil disputes involving children between Filipino residents and citizens of countries within the Council of ASEAN Chief Justices.
Before any court action can be initiated, parties involved in disputes, except those in cross-border cases, are required to attempt mediation. If mediation fails and a case is filed, the court will mandate a final mediation session post pre-trial conference. Statements made during mediation sessions are inadmissible in court unless otherwise agreed, and mediators are prohibited from recording the proceedings.
Support services, including physical and psychological counseling, may be offered to parties and minors during mediation. The mediation process is set to last 30 days, with a possible extension of another 30 days if approved by the court. Parties and their legal representatives must attend mediation in person, though videoconferencing is permitted under specific guidelines set by the Supreme Court.
However, certain cases are exempt from family mediation, including those involving civil status, marriage validity, legal separation, future support, court jurisdiction, future legitime, habeas corpus (except in minor custody cases), violations of the Anti-Violence Against Women and Their Children Act, and any cases under the Family Code that involve requests for protection or restraining orders.