Wednesday, November 25, 2009

Settlement

Our law of the land mandates that amicable settlements should first be reached before suits be filed in courts. The Philippine Labor Code requires that in cases of employer-employee/union disputes the same must be settled through voluntary arbitration or other modes of settling disputes. It is also provided in the Rules of Court that cases covered by the Katarungang Pambarangay shall initially undergo the process of Barangay Conciliation. Also, the same Rules require that cases between families shall first be settled amicably otherwise any case filed in court is premature and a cause for dismissal without prejudice.

This need for prior settlement is mandated by no less than the Bible itself. It is stated in Proverbs 25:8-10 "Do not go hastily to court; for what will you do in the end, when your neighbor has put you to shame? Debate your case with your neighbor, and do not disclose the secret to another; Lest he who hears it expose your shame, and reputation be ruined."

What is being prevented by this process of settlement or mediation is the ballooning of an otherwise simple disagreement. If cases in court can be prevented then the better it would be for the parties involved. There would be no waste of time in going to court, no waste of money in paying the counsels and other lawful fees. And the parties by themselves can talk and settle matters more personally.

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