Mediation and Conciliation-Vfmpc

Vincentian Family Multi-Purpose Cooperative Mediation and
Conciliation
Pursuant to Article 137 of Republic Act No. 9520, known as Philippine Cooperative
Code of 2008 and reinforced by Republic Act 9285, known as the Alternative
Dispute Resolution Act of 2004, the Vincentian Family Multi-Purpose Cooperative
(VFMPC) Mediation and Conciliation hereby adopts and promulgates the following
process and procedures in the conduct of VFMPC-Mediation and Conciliation, under
the said article to wit:
Section 1.
Title.
These Process and Procedures shall be known as the VINCENTIAN
FAMILY MULTI-PURPOSE COOPERATIVE MEDIATION AND CONCILIATION.
Section
2.
Scope
These guidelines shall govern the conduct of mediation and conciliation process
and Procedures at the
primary cooperative level, provided that nothing in these guidelines shall preclude
the parties from seeking the parties from seeking other modes of amicably settling
the dispute.
Section
3.
Coverage
These guidelines shall apply to all disputes among members, officers,
directors, and committee
members, and VFMPC employee disputes shall, as far as practicable, be settled
amicably in accordance with the mediation and conciliation mechanisms embodied
in the by-laws of the cooperative, and in applicable laws. Should such a
mediation and conciliation proceeding fail, the complainant party/ies shall be
appeal to the VFMPC Board of Directors, and if not successful to settled in the
VFMPC the matter shall be settled in the VFMPC affiliated secondary cooperative the
Union of Catholic Church- Based Cooperative (UUCBC), if it not being settled can
proceeds to CDA arbitration and if it is still fail to resolved it is time to proceed in a
court of competent jurisdiction for litigation.
Section 4. Definition
of Terms.
I. Mediation is a process of resolving disputes with the aid of a neutral person who
help parties identify issues and formulate solutions to resolve their disputes
voluntarily, mutually satisfactory outcome.
II. Conciliation is a process of referring a dispute whereby neutral third party
takes a vigorous and active role in assisting disputants.
III. Negotiation intercourse between two or more states conducted for the
purpose of afecting an understanding between them; or the conduct of
discussions between the parties to a dispute designed to produce a settlement of
the dispute.
IV. Settlement or Agreement shall refer to the compromise, which the parties in
the mediation and conciliation conference have agreed upon.
V. Certifcate of non-settlement is a document issued by the mediation and

conciliation in case of failed or refused mediation and conciliation.
VI. Refused mediation and conciliation is a situation when one or both parties
refused to submit to mediation and conciliation process, or failed to appear despite
notice.
Section 5. Commencement
of Action
Action for mediation and conciliation may be commenced upon receipt of written
request from either or both parties.
Section 6. Filling of the
Complaint
Any complainant may fle his/her/its complaint with the mediation and
conciliation committee.
Section 7. Content of the
Complaint
The complaint shall be in writing. It shall contain
the following:
I. Name/s, address/es, contact details, position in the cooperative, and status of
membership of the complainant and the respondent/s if known by the requesting
party/ies.
II. Brief statement of facts and circumstances which caused commission or
omission of the act complained.
Section 8. Baseless
Complaint
Within 15 days from receipts of the complaint, the committee shall
determine the merit of the complaint. If upon its sound discretion, the complaint
is found to be baseless or without merit, it may
outright dismiss the same and inform in writing the complaint, expressly stating
the legal and factual
basis
of
its
decisions.
Section 9. Valid Cause
of Action
If the complaint states a valid cause of action, the committee shall forthwith inform
in writing the respondent/s providing him a copy of complaint, and directing him to
submit his answer within Fifteen (15) days from receipt thereof. The Committee
Chairman may, upon written request by the respondent, extend the period within
which to fle his answer provided that it shall not exceed (Twenty) 20 days.
Section 10. Withdrawal of
Complaint
At any time before judgment, the complainant may, in writing, withdraw his
complaint or enter into a compromise agreement and the case shall be considered
dismissed or settled, as the case may be.
Section
11.
Answer
I. In his/her answer, the respondent shall specifcally admit or deny, or deny only a
part of averment in
the complaint. He/she shall set forth the substance of the matter upon which he
relies to support his/her denial.
II. If he/she denies only a part of the averment, he/she shall specify so much of it, as
it is true and deny the remainder. He/she may also state that he/she had no
sufficient knowledge as to the truth of a certain matter alleged in the complaint

and this shall have the efect of denial.
III. Any averment in the complaint not specifcally denied shall be
deemed admitted.
Section
12.
Invitation
Upon receipt of such request for a dialogue, an invitation shall be issued by
the mediation and conciliation committee as the case may be, asking the
party/ies being requested to fle their
comments/answers thereto within Fifteen (15) days from the receipts
of the invitation.
Section
13.
Dialogue
Upon receipt of comments/answer from the party/ies being requested to talk with,
the mediation and conciliation committee as the case may be, shall issue a notice
of conference to all parties concerned stating the date, time and venue of the
conference which is the cooperative office.
Section
14.
General
Preparation
I. The mediator and/or conciliator shall have the following documents at his
disposal during the conference.
a.
Copy
of
the
implementing rules
b. Copy of these process and procedures, and other pertinent issuances
of the Cooperative
Development
Authority
c. Copy of the VFMPC articles of cooperation
and by-laws
d. Other documents that may be deemed necessary for
the conference
II. Written request for a dialogue may be fled by the mediation and conciliation
committee secretary with the cooperative office. It shall contain the following:
a. The venue where the conference is to be held must be comfortable to all so that
the atmosphere shall be conducive to the settlement of disputes.
b. A Prayer may be said before the settlement
of disputes.
Section 15. Purpose of
Conference
The mediator and/or conciliator shall make it clear that the purpose of the
conference is to see whether
any settlement or agreement may be reached between the party/ies after a
thorough discussion of the issues.
Section 16. Conduct of
Conference
The following rules shall be
observed
I. The party/ies required to appear personally during the conference without the
assistance of counsel.
II. Mediation and conciliation conference is not judicial proceeding per se. hence, the
technical rules and procedures shall not be applicable in such cases.
III. The conduct of the conference shall be non- adversarial in nature and shall
proceed with the end in view of settling any cooperative dispute.
IV. All party/ies involved or interested in the dispute shall be aforded the
opportunity to ventilate their views concerning the dispute.
Section 17. Confdentiality
of Records
The mediation and conciliation proceedings and all incidents thereto shall be kept
strictly confdential,
unless otherwise specifcally provided by law, and all admissions or statements
made therein shall be inadmissible for any purpose in any proceeding.
Section 18. Recess and
Suspension
The conference may be recesses from time to time in order for the parties to
consult with one another.
It may also be suspended from day to day until the position of both parties an all
issues are properly ventilated and exhausted.
Section 19. Settlement or

Agreement
Mediation and conciliation be successful addressing the issues and the
parties have reached an agreement:
I. The mediator/conciliator shall prepare a written agreement for the parties
approval and signature
and
attested
by
the
mediator/conciliator.
II. Copies of the agreement shall be furnished to the parties at the soonest
possible time for their own
record
s.
Section 20. Certificate of
Non-Resolution
The mediation and conciliation is not successful the committee shall issue a
certificate of non- settlement for the following grounds:
I. The dispute has not been resolve in holing the
conference.
II. No mediation and conciliation conference succeeds within Three (3) months
from the flling of the written request/complaints.
III. No conference succeeds due to the non-attendance of
the respondents.
V. Breach of terms and conditions in the amicable settlement upon receipt of notice
from either or both parties.
Section 21. Effect of Issuance of Certificate
of Non-Resolution
Issuance of Certifcate of Non-Resolution shall be the basis for the flling of any
action before the Union of Catholic Church-Based Cooperative (UUCBC), to CDA
arbitration and before to proceed in a court of competent jurisdiction for litigation.
Section 22. Non-Appearance of the
Complainant
If there is no justifable cause, the requesting party fails to appear, after Two (2)
consecutive invitations, the dispute shall be disposed of through an appropriate
resolution.
Section
23.
Construction
These rules shall be liberally constructed in order to promote the growth and
viability of cooperatives, preserve harmony and instill the cooperative way of life
within and among cooperatives and to achieve
a just and expeditious resolution of every dispute brought before the
mediation and conciliation committee.
Section
24.
Repealing Clause
All rules, regulations, issuances, and the likes which are contrary to or
inconsistent with any of the provisions of these procedures are hereby repealed.
Section 25. Appeal to the Board

of Directors
I. Any party to a controversy may appeal to the Board of Directors within 15 days
from receipt of a copy of decision.
II. After a period of appeal, the decision of the committee shall become fnal and
executor and can no longer be re-opened, except when the appealing party can
show proof that the decision is patently erroneous or obtained through fraud,
accident, mistakes and excusable negligence or the committee has committed
grave abuse of discretion.
Section 26. Decision of the Board

of Directors
I Within Thirty (30) day from receipt of the records of the case, the Board of
Directors, constituting a quorum, shall review and decide the case, specifcally
stating the reasons and basis of its decision.
II. The parties may be summoned to appear before the Board of Directors to clarify
certain matters, or to submit additional evidence.
Section 27. Appeal to the
General Assembly
The decision of the Board of directors may be appealed to the general assembly
whose decision shall be fnal, save those reserved to the adjudicatory powers of the
cooperative development authority as provided under the Cooperative Code of the
Philippines and other existing rules and laws.
Section 28. Dispute Involving the Members of the Mediation and
Conciliation Committee and Board of
Direct
ors
I. If one of the parties to a controversy is a member of the mediation and
conciliation committee, the chairman shall endorse the case to the Board of
Directors who shall resolve the case following the procedures prescribed in the
proceeding section.
II. If one or both parties are member of the Board of Directors and the mediation
and conciliation committee, the chairman of the committee shall communicate in
writing such fact to the Chairman of the Board of Directors who shall forthwith call
a special board meeting to form a five-man Special Mediation and Conciliation
Committee, consisting of the heads of Audit and Election Committee, the
Secretary and one (1) representative of each party.
III. The special committee shall convene immediately and after electing from among
themselves the Chairman, Vice-Chairman and the Secretary, proceed to resolve the
case in accordance with the procedures prescribed in the proceeding section. The
committee shall automatically cease to exist upon the fnal resolution of the
controversy.
Section
29.
Effectively
These process and procedures shall take efect upon the approval by the
Board of Directors of
Vincentian
Family
Multi-Purpose
Cooperative.
Vincentian Family Multi-Purpose Cooperative Mediation and

Conciliation
Dispute Resolution Systems
Dispute between members, Officers, Board of

Directors, Employees and Nonmembers
Mediation and conciliation

Committee
SETTLEME
NT
NON-SETTLEMENT
VFMPC Board of
Directors
Special body (see Section
25, 26 & 27)
Union of Catholic Church-Based

Cooperative
Mediation and Conciliation
Committee
CDA
Arbitration
COURT
LITIGATION

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Vincentian Family Multi-Purpose Cooperative Mediation and

V. Certifcate of non-settlement is a document issued by the mediation and

sufficient knowledge as to the truth of a certain matter alleged in the complaint

Section 19. Settlement or

Section 25. Appeal to the Board

Section 26. Decision of the Board

Vincentian Family Multi-Purpose Cooperative Mediation and

Dispute Resolution Systems

Dispute between members, Officers, Board of

Mediation and conciliation

Union of Catholic Church-Based

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