CAVITE PROVINCIAL CAPITOL EMPLOYEES MULTI-PURPOSE

COOPERATIVES (CPCEMPC)

MEDIATION AND
CONCILIATION
POLICY

PREPARED BY
MEDIATION AND CONCILIATION COMMITTEE
JANUARY 2020

LIZA C. GABATAN SEVERO R. GARCIA DARIANNE N. BORJA

Chairperson Vice-Chairperson Secretary
Policy Area: Governance
Policy Title: Revised Procedures for the Policy Number
Mediation and Conciliation of Cooperative
Disputes based on the Article XVII (Arbitral Revision Status
Clause) of the Articles of Cooperation of the
Cavite Provincial Capitol Employees Multi-
Purpose Cooperatives
Resolution Number Effectivity Date

Date Approved Number of Pages

Article I. General Provisions

Section 1. Title. These procedures shall be known as the Revised Procedures for the Mediation and
Conciliation of Cooperative Disputes based on the Article XVII (Arbitral Clause) of the Articles of
Cooperation of the Cavite Provincial Capitol Employees Multi-Purpose Cooperatives (CPCEMPC).

Section 2. Policy Statement. In order to ensure commitment to this Procedure, the following shall be
observed by the directors, officers, employees and members:

1. Confidentiality
Confidentiality will be maintained by all parties to the conciliation or grievance process. No public
announcements should be made by any party unless there has been a waiver of the privacy rights of all
parties involved.

2. Applicability
Individual cooperative members with concerns about the cooperative are encouraged to resolve concerns
and disputes with those directly involved. If resolution is not possible, cooperative procedures on
conciliation and grievance may apply.

3. Applicability to Cooperative Members

Conciliation and/or grievance procedures apply to all cooperative members. These procedures may apply
to resolution to complaints concerning individual’s responsibility as a member. Resolution of complaints
regarding his or her cooperative responsibilities should be addressed through the process described in the
by-laws and Cooperative Policy and Procedures Manual.

Article II. Definition

As used in these procedures, the term:

1. Complainant - the individual who brings a complaint under this section

2. Mediation and Conciliation Committee - the appointed committee for the purpose of affording
cooperative members the opportunity to present their grievable complaints to a duly constituted board

3. Grievant - the individual who bring formal grievance procedures under this section

4. Respondent(s) - the individual or individuals against whom a complaint or grievance is brought

5. Conciliator - a member of Mediation and Conciliation Committee designated to act as such in relation to
such requests for mediation and conciliation

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 Article III. Responsibilities

Section 1. Responsibilities of the Chair, Complainant and Respondents

1. The complainant must submit the Statement of Complaint to initiate the process, and must fully
participate in the pre-hearing conference or face dismissal of their case.

2. Respondents must reply in writing to the Statement of Complaint within five (5) working days and
participate fully in the pre-conference hearing.

3. The Chair of the Mediation and Conciliation Committee shall receive the Statement of Complaint,
distribute with the process and/or participate in the pre-hearing conference. The Chair may dismiss the
case. If the respondent(s) fail to cooperate with the process and/or participate in the M&C Conference, the
Chair may recommend the case to the Ethics Committee before the Board of Director’s final decision on the
case.

Section 2. Responsibilities of Advisors at the Mediation and Conciliation Conference

The complainant and respondent(s) may have the assistance of a non-attorney advisor at the M&C
Conference. However, the parties are responsible for representing themselves and therefor, advisors are
permitted to participate directly (i.e., address the Chair or other parties) in the M&C conference, only at the
discretion of the Chair.

Section 3. Responsibilities of Mediation and Conciliation Committee

The Mediation and Conciliation Committee is the administrative body for the purpose of affording
cooperative members of the opportunity to present their complaints to cooperative Board of Directors. The
Committee is responsible for rendering its judgement on the merits of the complaint in a fair, unbiased and
impartial manner.

The M&C Committee shall be composed of three (3) members of the Mediation and Conciliation
Committee and shall be separately constituted for each Mediation and Conciliation hearing. The Chairman
of the Mediation and Conciliation Committee shall be responsible for assigning the conciliator(s).

Section 4. Responsibilities of the Chairman of BOD

Upon receipt of the Report of the Mediation and Conciliation Committee, the Chair of BOD shall
have twenty (20) working days to issue the decision of the cooperative. The Chair of BOD shall inform the
Chair of the Mediation and Conciliation Committee and all parties concerned, in writing, of the decision.

Article IV. Detailed Procedure and Guidelines

Section 1. Procedures on Acceptance or Rejection of Cases

1. Acceptance or rejection of the Case

The Committee will review the case to determine whether the matter is acceptable and one that can be
resolved through conciliation. The Chair of the Committee must notify the complainant within seven (7)
working days of the Committee’s decision to accept or reject the case, and the reasons for the decision.
The complainant may appeal the Committee’s rejection decision to the Chair of the Board of Director,
whose determination is final

2. Appointment of the Conciliator

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 Following acceptance of the case, the Committee Chair will appoint one or more of its members to act
as conciliator(s)

3. Complaints Clarification

The conciliator(s) shall meet the complainant to identify the issues using Form 1 as reference. There
must be a clear identification of the specific problem before conciliation is attempted. The conciliator(s) will
consult appropriate resource people, such as the complainant’s department head, other members of the
complainant’s department or members in other department

4. Attempt to Conciliate

The conciliator(s) must attempt conciliation within fifteen (15) working days from the date of
appointment by the Committee. The entire conciliation effort should be carried through to its completions by
the same conciliator(s)

5. Signing of the Settlement Agreement

When the conciliation is successful in generating a resolution, both parties shall fill up Mediation and
Conciliation Form 3 which is the CPCEMPC Settlement of Dispute/ Agreement. This action concludes the
conciliation process.

6. Report of the Mediation and Conciliation Committee

The Report of the Mediation and Conciliation Committee shall include the findings of fact on each issue
presented and make recommendations regarding appropriate action(s) to be taken. The Chair of the
Mediation and Conciliation Committee shall forward the report and the record of the hearing to the Chair of
the BOD within five (5) working days upon the receipt of the report and shall send copies of the Report to
all parties.

7. Right to Appeal

If conciliation cannot provide a resolution acceptable to the complainant, the complainant may request
for a grievance hearing. Such request must be filed with the Chair of the Mediation and Conciliation
Committee within thirty (30) calendar days of the conclusion of the conciliation process.

Section 2. Purpose of Mediation and Conciliation Conference

In the conference, the mediator/conciliator shall make it clear that the purpose of the conference is to
see whether any settlement or agreement may be reached between parties after a thorough discussion of
the issue. However, before any discussion, the mediator/conciliator shall clearly define the issues.

Section 3. Conduct of Mediation and Conciliation Conference

The following rules shall be observed:

1. Parties are required to appear personally during the conference without the assistance of counsel.

2. A mediation/conciliation conference is not judicial proceeding per se. Hence, the technical rules and
procedures shall not be applicable in such cases.

3. The conduct of the conference shall be non-adversarial in nature and shall proceed with the end in view
of settling any cooperative dispute.

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4. All parties involved or interested in the dispute shall be afforded the opportunity to ventilate their views
concerning the dispute.

Section 4. Minutes of the Mediation and Conciliation Conference

Minutes of the proceedings of the M&C Conference shall be made by the designated secretary and
shall form part of the records of the case.

Section 5. Recess and Suspension

The conference may be recessed 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 positions of both parties on all issues are properly
ventilated and exhausted.

Section 6. Settlement of Agreement

Once all the issues have been ventilated and addressed and the parties have reached an agreement:

1. The agreement shall be reduced in writing and attested to by the mediator/conciliator.

2. The agreement shall be clear and concise and must contain all points of the parties understanding. Extra
care must be taken in drafting the Agreement in order to minimize doubtful or vague interpretations that
might result to further disagreement or worsening of the dispute.

3. Copies of the Agreement shall be furnished to the parties at the soonest possible time for their own
records.

Section 7. Certificate of Non-Resolution

A Certificate of Non-Resolution shall be issued on the following grounds:

1. In the event that after the holding of the conferences, and the disputes have not been resolved;

2. If no mediation or conciliation conference succeeds within three (3) months from the filing of the written
request/complaint;

3. If no conference succeeds due to the non-attendance of the respondent;

4. Breach of terms and conditions in the amicable settlement upon receipt of notice from either or both
parties.

Section 8. Effect of Issuance of Certificate of Non-Resolution

The issuance of Certificate of Non-Resolution shall be the basis for the filing of any action before the
proper courts.

Section 9. Non-Appearance of the Complainant

If for no justifiable cause, the complainant fails to appear after two (2) consecutive summons/notices,
the dispute shall be disposed through an appropriate resolution. Issuance of such resolution shall bar the
complainant from re-filing the same dispute.

Article V. Other Sections: Scope of the Procedure

Section 1. Conciliation and mediation procedures apply to the following:

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1. Complaints arising from the application of established rules, regulations, policies or procedures of Cavite
Provincial Capitol Employees Multi-Purpose Cooperative.
2. Complaints alleging that a misapplication of policy, procedure, standards, or criterion resulted in a
negative substantive retention, a member may attempt conciliation, or proceed directly to filling a grievance
upon receiving an unfavorable decision from the Board in terms of their membership, loans, capital share
and other cooperative concerns.

3. Complaints concerning alleged violations of the procedural or contractual rights of the member.

4. Complaints of discrimination.

Section 2. Other Grounds for Mediation and Conciliation Proceedings

These are other circumstances that may arise between the Cooperative and its members or among
members themselves:

1. Delinquent accounts endorsed by the Credit Committee

2. Disputes between members, officers, and employees of the Cooperative

3. Withdrawal or termination of membership for any other reasons other than resignation or retirement from
service.

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 Article VI. Flowchart

MEDIATION AND CONCILIATION FLOWCHART OVERVIEW

PROCEDURE PERSON RESPONSIBLE INSTRUCTION

Start

Complainant shall be instructed to fill up

Receive Complaint Mediation and Conciliation
the Mediation and Conciliation Form 1
Committee
stating the narrative of the complaint.

Mediation and Conciliation Committee

Review Complaint Mediation and Conciliation shall review the case whether it is
Committee acceptable and can be resolved through
conciliation or not.

If the complaint is acceptable, the

NO Chair, Mediation and Conciliation complainant shall be notified within
Accept
Complaint?
B Committee seven (7) working days about the
committee’s decision and shall proceed
YES
to the next conciliation procedure.

If the complaint is not acceptable, the

complainant shall also be notified and
may appeal to the Chair of the Board of
Director for another review of the
complaint.
Appoint a
Conciliator/s will come from the
Conciliator/s
Chair, Mediation and Conciliation members of the Mediation and
Committee Conciliation Committee.

Clarify the Complaint Mediation and Conciliation The conciliator/s shall meet the
Committee complainant to identify the issues using
Form 1 as reference. There must be a
clear identification of the specific
problem before conciliation is
attempted. The conciliator/s will consult
appropriate resource people, such as
the complainant’s department head,
other members of the complainant’s
department or members in other
department.

Issue Form 2 to both Mediation and Conciliation Using Mediation and Conciliation Form
parties Committee 2, both the complainant and the
respondent shall be notified of the
Mediation and Conciliation Conference.
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 A

Conduct conciliation Mediation and Conciliation The complainant and the respondent
conference Committee attend the conference.

When the conciliation is successful in

NO generating a resolution, both parties
Complainant and Respondent shall fill up Mediation and Conciliation
Settle C
dispute?
Form 3 which is the CPCEMPC
Settlement of Dispute/ Agreement. This
action concludes the conciliation
YES process.

End Copies of Form 3 will be given to both

Mediation and Conciliation parties and to the CPCEMPC.
Committee

If the complaint is not acceptable, the

complainant shall also be notified and
Complainant,
Complaint is not may appeal to the Chair of the Board of
Mediation and Conciliation
acceptable Director for another review of the
Committee
complaint.

Mediation and Conciliation Mediation and Conciliation Committee

Refer to Ethics Committee will forward the case to the Ethics
Committee Committee for proper actions to be
taken.

End

If the complainant and the respondent

Non-settlement of the
did not settle, the case shall be
Complainant and Respondent endorsed to the Ethics Committee for
dispute
proper actions to be taken.

Refer to Ethics
Committee
Chair, Mediation and Conciliation Ethics Committee Chair will receive the
Committee non- resolution document and will have
further review of the case for due
process.
End
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 Article VII. Related Forms

 FORM 1
CPCEMPC
SETTLEMENT OF
AGREEMENT
Control No. ______
__________________________
_________________________
Complainant
Respondent
Subject:
__________________________
__________________________
__________________________
__________________________
__________________________
__________________________
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We, the complainant and
respondent on the subject stated
above, agree to resolve our
issues and disputes through the
following arrangement/s:
__________________________
__________________________
__________________________
__________________________
__________________________
__________________________
__________________________
__________________________
__________________________
__________________________
__________________________
__________________________
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__________________________
__________________________
__________________________
__________________________
__________________________
__________________________
__________________________
__________________________
__________________________
Solemnly pledged this _____
day of __________________ at
CPCEMPC Office, Provincial
Capitol Compound, Trece
Martires City.
Complainant/s Respondent/s
__________________________
__
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__________________________
__
__________________________
__
__________________________
__
ACKNOWLEDGEMENT
The Mediation and Conciliation
Committee hereby acknowledge
that both parties have
voluntarily agreed to the
settlement stated above after
thorough discussion of the
issues
and consequences, and the
purpose of this conciliation.

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__________________________
____________
Chair, Mediation & Conciliation
Committee
Form 1

CPCEMPC COMPLAINT RECORD FORM

CONTROL NO. TYPE OF COMPLAINT COPY FOR

DATE & TIME OF FILING DATE/TIME/PLACE OF INCIDENT

COMPLAINANT
SURNAME FIRST NAME MIDDLE NAME STATUS OF MEMBERSHIP
O Regular O Associate
BIRTHDATE AGE SEX CIVIL STATUS CITIZENSHIP

ADDRESS

OFFICE POSITION

EMAIL ADDRESS CONTACT NUMBER

RESPONDENT
SURNAME FIRST NAME MIDDLE NAME STATUS OF MEMBERSHIP
Regular Associate
BIRTHDATE AGE SEX CIVIL STATUS CITIZENSHIP

ADDRESS

OFFICE POSITION

EMAIL ADDRESS CONTACT NUMBER

NARRATIVE REPORT OF THE COMPLAINT

TYPE OF COMPLAINT DATE & TIME OF INCIDENT PLACE OF INCIDENT

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PLEASE PROVIDE ALL THE DETAILS OF COMPLAINT

USE EXTRA SHEET IF NECESSARY

I HEREBY CERTIFY THE CORRECTNESS OF NAME OF COMPLAINANT SIGNATURE DATE
ALL INFORMATION PROVIDED TO THE BEST SIGNED
OF MY KNOWLEDGE AND BELIEF
NAME OF ADMINISTERING OFFICER SIGNATURE DATE
SUBSCRIBED AND SWORN BEFORE ME SIGNED

Form 2

CPCEMPC MEDIATION AND CONCILIATION COMMITTEE

Control No. : ___________________

Type of Complaint : ___________________

_______________________
Complainant/s

_______________________
Respondent/s

NOTICE OF MEDIATION & CONCILIATION

Dear Sir/Madam:

You are hereby enjoined to appear before the Mediation and Conciliation Committee on the ____ day of
_____________, 20___ at CPCEMPC Office, GSO Bldg., Provincial Capitol Compound, Trece Martires
City at exactly ______ (am/pm), to respond on the complaint filed against you by
_______________________________ as per attached Complaint Record Form No. 2.

Failure to attend the Mediation and Conciliation conference and non-cooperation from your end shall be
considered a violation of the By-Laws of CPCEMPC, therefore you may be subjected to appropriate
sanction. Further, any attempt of appeal regarding the said complaint will not be entertained by the
Committee on Mediation & Conciliation.

Issued this ____ day of _____________, 20___.

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 ____________________________________
Chair, Mediation & Conciliation Committee

Conforme:

__________________________
Respondent

Acknowledged By:

__________________________
Complainant

Form 3

CPCEMPC SETTLEMENT OF DISPUTE/AGREEMENT

Control No. ______

__________________________ _________________________
Complainant Respondent

Subject:
______________________________________________________________________________
______________________________________________________________________________

We, the complainant and respondent on the subject stated above, agree to resolve our issues and
disputes through the following arrangement/s:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Solemnly pledged this _____ day of __________________ at CPCEMPC Office, Provincial

Capitol Compound, Trece Martires City.
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 Complainant/s Respondent/s

____________________________ ____________________________

____________________________ ____________________________

ACKNOWLEDGEMENT

The Mediation and Conciliation Committee hereby acknowledge that both parties have voluntarily
agreed to the settlement stated above after thorough discussion of the issues and consequences,
and the purpose of this conciliation.

______________________________________
Chair, Mediation & Conciliation Committee

Article VIII. Final Provisions

Section 1. Construction

These rules shall be liberally constructed in order to promote the growth and viability of CPCEMPC, to
preserve harmony and to instill the cooperative way of life within and among its members, all genders and
to achieve a just and expeditious resolution of every dispute brought before the M&C Committee.

Section 2. Repealing Clause

All rules, regulations, issuances and the like which are contrary to or inconsistent with any of the provisions
of these procedures are hereby repealed.

Section 3. Effectivity

These revised M&C procedures shall take effect upon the approval by the Board of Directors of the
CPCEMPC.

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