Sanchez: A call for mediators

IT HAS been 15 years since I became a court-annexed mediator. That means I’m an officer of the court.

I’m not a lawyer, not a warrior nor a gladiator out to cream my opponent in court. I’m a peacemaker, a reconciler. My weapon of choice and arena of battle in the court is not the Revised Penal Code but something as abstract as “interest.”

In fact, as a mediator, I’m not interested to ferret out the truth if the accused or defendant is telling the truth. That’s up to the court of law to determine.

My mandate as a mediator is to use integrative bargaining (aka “interest-based bargaining,” “win-win bargaining”). My weapon is to use a negotiation strategy in which parties, erstwhile enemies, collaborate to find a “win-win” solution to their dispute.

This strategy focuses on developing mutually beneficial agreements based on the interests of the disputants. Interests include the needs, desires, concerns, and fears important to each side. They are the underlying reasons why people become involved in a conflict.

When a clerk of court determines that a case file in San Carlos or Hinobaan is “mediatable,” they travel roughly the round trip of 390 Km from to San Carlos or Hinoba-an-Bacolod. The travel time alone can constitute an “interest.”

If you consider that the parties are mostly poor, that means extra expense in paying the monthly bill. The extra expenses are additional burdens to the litigants.

And the uncertainty of winning—or losing the case—are family investments that both litigants play in a zero-sum case. Whomever wins, both parties lose.

Recently, mediators were given advisories that the Philippine Mediator Center are recruiting mediators in San Carlos and Kabankalan Hall of Justices.

For San Carlos, the orientation training will be on September 18 and Kabankalan on September 19. Successful applicants will be invited to attend the Basic Mediator Course tentatively scheduled on November 26-29 in San Carlos City.

Applicants must have a Bachelor’s degree, at least 30 years old, of good moral character, willingness to learn new skills in conflict resolution, and render public service.

And oh, must have proficiency in English, Filipino, and in Negros, Hiligaynon and Cebuano.

Come, be blessed. Be a peacemaker.

bqsanc@yahoomail.com

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