Flashcards Studio

In a civil action filed in the trial court, the court orders Judicial Dispute Resolution (JDR) under A.M. No. 03-1-09-SC as part of the pre-trial procedure under Rule 18. Case A involves a contract dispute where the plaintiff attends the JDR with a lawyer who has explicit settlement authority, while the defendant attends with counsel who indicates they cannot settle at that time. After a full JDR session, there is no settlement. Case B involves a separate tort action where neither party nor their counsel attends the JDR despite proper notice, and the mediator makes reasonable efforts to contact them; no settlement is reached. The JDR in both cases concludes with a JDR report and the court schedules the matter for trial.   (a)Identify the controlling doctrinal framework and the essential rules governing Judicial Dispute Resolution in the Philippines. (b)Distinguish JDR from other ADR mechanisms, emphasizing its purpose, its place in the procedural cycle, and the effect when a JDR is unsuccessful. (c)Apply the facts to determine the proper next steps for Case A and Case B, stating what the court should do and the legal basis for proceeding to trial, including any relevant pre-trial directives.