(NAR) VOL. 15 NOS. 1-2 / APRIL - JUNE 2004
"Sec. 8. Mediation and Conciliation - Upon request of either or both parties, the Authority shall mediate and conciliate disputes within a cooperative or between cooperatives; Provided, That if no mediation or conciliation succeeds within three (3) months from request thereof, a certificate of non-resolution shall be issued by the commission prior to the filing of the appropriate action before the proper courts."
a. Authority - shall refer to the Cooperative Development Authority or any of its officers duly designated to act on its behalf.
b. Board of Administrators - shall refer to the governing board of the Authority consisting of a chairman and six (6) members.
c. Mediation - shall refer to a process whereby a mediator designated by the Authority takes a more active part in helping the conflicting parties develop or come out with an acceptable solution to their dispute or assist the parties reach an amicable solution to the dispute/s.
d. Conciliation - shall refer to a process whereby a conciliator designated by the Authority calls together the parties involved in a dispute, encourages them to discuss their differences, and assists them in developing their own proposed solutions to their disputes.
e. Mediator/conciliator - shall refer to an employee of the Authority designated to act as such in relation to such requests for mediation and conciliation. As a rule, the Legal Officer of Extension Offices shall act as mediator/conciliator. The Extension Director shall have the authority to appoint other CDA Regional employees qualified to act as mediator/conciliator in the absence of such Legal Officer.
f. Order - shall refer to any directive of the Authority or the Board of Administrators, or such other body, committee, board or officer duly created or designated by the Authority.
g. Certificate - shall refer to the Certificate of Non-Resolution issued by the Authority or by the duly designated officer.
h. Settlement or Agreement - shall refer to the compromise, which the parties in the mediation/conciliation conference have agreed upon.
a. The name/s and address/es of the complainant/s;
b. The name/s and address/es of the persons being complained of;
c. The issue and subject matter of the controversy;
d. A certification by any member of the grievance committee of the cooperative that the complaint has undergone the cooperative grievance mechanism or a certification by either the secretary of the board or by the complainant that the cooperative has no grievance machinery or no functional grievance machinery or that a certification is no longer practicable.
a. Matters involving the internal affairs of the cooperative, such as but not limited to: 1) the rights and privileges of members; 2) the rules and procedures for meeting of the General Assembly, Board of Directors, or the different cooperative committees: 3) the rules and procedures for the election and qualifications for officers, directors or committee members; 4) the allocation and distribution of surpluses and reserves; and 5) all other matters involving the internal affairs of the cooperative that the Authority may deem vital to the operations of the cooperative.
b. For disputes between cooperatives, such other matters that may involve the area of operations of the cooperatives and disputes between cooperatives.
a. Violation of Article 48, R.A. 6938 (Dealings of Directors, Officers or Committee);
b. Violation of Article 49, R.A. 6938 (Disloyalty of a Director);
c. Violation of Article 50, R.A. 6938 (Illegal Use of Confidential Information);
d. Violation of Article 84, R.A. No. 6938 (Right to Examine);
e. Matters involving the grant and exercise of a franchise, license or certificate of public convenience or necessity as stated in Article 98, paragraph (2) of R.A. 6938;
f. Violation of Article 114, R.A. 6938 (Prohibition)
g. Non-compliance with other laws as stated in Article 119, R.A. 6938;
h. Violation of Article 124, R.A. 6938 (Penal Provisions);
i. Issues which are criminal in nature cognizable by the regular and/or special courts; and
j. Other matters which fall under the administrative and regulatory functions or matters that pertain to compliance with mandatory requirements of the law and related issuances.
a. Motion to Dismiss;
b. Motion for a Bill of Particulars;
c. Motion for Extension of Time;
d. Motion to declare Petitioner Non-Suited or Respondent in Default; and
e. Motion for Intervention.
a. A copy of the 1987 Constitution;
b. A copy of R.A. No. 6938, and the Implementing Rules;
c. A copy of these Procedures and other pertinent issuances of the Authority;
d. A copy of the cooperative's articles of cooperation and by-laws;
e. A copy of the Complaint and the Comments thereto; and
f. Other documents that may be deemed necessary for the conference.
a. Parties are required to appear personally during the conference without the assistance of counsel.
b. A mediation/conciliation conference is not judicial proceeding per se. Hence, the technical rules and procedures shall not be applicable in such cases.
c. The conduct of the conference shall be non-adversarial in nature and shall proceed with the end in view of settling any cooperative dispute.
d. All parties involved or interested in the dispute shall be afforded the opportunity to ventilate their views concerning the dispute.
a. The agreement shall be reduced in writing and attested to by the mediator/conciliator.
b. The agreement shall be clear and concise and must contain all points of 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.
c. Copies of the Agreement shall be furnished to the parties at the soonest possible time for their own records.
a. In the event that after the holding of the conferences, and the disputes have not been resolved;
b. If no mediation or conciliation conference succeeds within three (3) months from the filing of the written request/complaint;
c. If no conference succeeds due to the non-attendance of the respondent;
d. Breach of terms and conditions in the amicable settlement upon receipt of notice from either or both parties.
(SGD.) VIRGINIA A. TEODOSIO | (SGD.) NICETAS V. TORRES |
Administrator | Administrator |
(SGD.) SOC ANTHONY M. DEL ROSARIO | (SGD.) WENDELL B. REYES, SR. |
Administrator | Administrator |
(SGD.) OMBRE S. HAMSIRANI | (SGD.) RUBEN M. CONTI |
Administrator | Chairman |