SC introduces rule on family mediation

The Supreme Court (SC) has introduced the Rule on Family Mediation, which it said seeks to enhance the efficiency of family courts, reduce court backlogs, and promote the best interest of the child.

According to the SC, the Rule also has innovations in dealing with family cases.

“Family mediation, a non-adversarial process, should include children and give them a chance to share their thoughts on issues that impact them,” the SC said in a statement.

“The process must focus on what is best for the child and the family,” it added.

The court said that the Rule is limited to suits between spouses; parents and children; ascendants and descendants; siblings; relatives within the fourth civil degree of consanguinity or affinity; and parties in a common-law, dating, or sexual relationship, former or present.

It said parties, excluding cross-border disputes, must first undergo a dispute resolution process and attempt to reach an amicable settlement before filing any court action.

If a case is still filed, the SC said it will direct parties to undergo mandatory family mediation as a final attempt to settle the matter.

“To promote effective communication, statements made during family mediation cannot be used as evidence in court unless otherwise agreed upon. Additionally, recording in any form by the family mediator is prohibited,” the court said.

It added that support services may be provided to the parties, including physical or psychological services and counseling.

The Rule took effect 15 days after it was published in a newspaper on December 14, 2024, according to the court. —VBL, GMA Integrated News