PROTOCOL P-16 | Mediation & Third-Party Intervention

Mediation Intake Protocol Intake Protocol

TRIGGER When direct negotiation or facilitated dialogue has broken down or reached impasse; when power imbalances make direct dialogue structurally unsafe; when all parties have agreed that a neutral third-party process is needed.

STEPS

1. Confirm that mediation conditions are met

   Mediation is appropriate when: (a) direct dialogue has been attempted and reached impasse; (b) all parties are willing to participate in good faith; (c) the issues are within the scope of what parties can agree to resolve without external legal determination; (d) a neutral mediator who is accepted by all parties is available.

2. Identify the mediator

   The mediator must be: neutral (no prior stake in the outcome or relationship that compromises neutrality); accepted by all parties (each party must affirmatively agree to the mediator, not merely not object); competent (prior mediation experience in project-community contexts is preferred).

3. Confirm all parties' voluntary willingness to participate

   Mediation must be voluntary. Each party should confirm, in writing or on record, that they are willing to participate. Do not proceed if any party is participating under pressure or duress.

4. Scope the issues to be mediated

   Before the first session, agree with all parties on: what issues will be covered in this mediation process, what issues are out of scope, and whether any issues must be resolved by external process (legal, regulatory) rather than agreement.

5. Prepare the Mediator Briefing Kit

   Provide the mediator with the conflict context brief (T-31). Review it with the mediator in a pre-mediation consultation. Ensure the mediator can ask questions before beginning.

6. Agree on procedural ground rules

   Before the first joint session: confidentiality terms, document handling, who may attend sessions, whether legal representatives may participate, and how agreements will be documented and enforced.

7. Confirm the first session date, venue, and logistics

   All parties confirm attendance. The venue should be neutral, not the developer's office, not the barangay hall associated with either party. Ensure all parties can reach the venue.

PURPOSE

To define when mediation is warranted, how parties are referred or self-referred, how the mediator is selected or verified as neutral, and what preparation is required before the first mediation session. Mediation entered without proper intake produces poor outcomes and sometimes makes situations worse.

Roles and Responsibilities

Facilitates intake:

Actor: ComRel Officer / Senior CSO
Responsibility: Identifies mediation need; identifies the mediator candidate; confirms parties' willingness; prepares the Mediator Briefing Kit.

Confirmed by all parties:

Actor: Mediator
Responsibility: Accepts the appointment; reviews the Mediator Briefing Kit; conducts a pre-mediation consultation; designs the process.

Confirms participation:

Actor: Developer Representative
Responsibility: Confirms voluntary participation; provides authority information (what can this representative commit to?).

Confirms participation:

Actor: Community / Affected Party Representative
Responsibility: Confirms voluntary participation; ideally supported in preparation for the process.

Field Notes and Adaptation Guidance

• Field Note — Mediator neutrality must be verified, not assumed

  A mediator who has prior professional relationships with the developer, or who is perceived by the community as aligned with project interests, will not be trusted by community parties. The community's acceptance of the mediator must be genuine, not reluctant compliance. If the first proposed mediator is not accepted by all parties, identify an alternative. A mediation with a disputed mediator is worse than no mediation.

• Field Note — Voluntary participation is not optional

  If a community party is participating in mediation because they feel they have no other choice, the process is not mediation, it is managed capitulation. Mediation with a coerced party produces agreements that are not durable and may collapse as soon as the coercive pressure is removed. Confirm genuine willingness at intake.

• Adaptation Guidance

  In communities where mediation is not a familiar concept, invest time in explaining what the process is before asking parties to agree to it. Use plain language: 'We are asking a person that both sides trust to help us have a different kind of conversation about this problem. That person works for neither of us.' Simple, honest framing builds more confidence than technical language.

Required Output / Documentation

• Mediator selection confirmed by all parties

• All parties' written or recorded confirmation of voluntary participation

• Agreed scope of issues

• Mediator Briefing Kit prepared and reviewed

• Agreed procedural ground rules

• First session date and logistics confirmed