Practice question
In a family dispute covered by the current Family Mediation Rule, the court properly refers compromisable custody arrangements for mediation. One participant is threatened with punishment solely for declining a proposed agreement despite participating in good faith. Which principle controls?
- Mandatory referral makes every proposed settlement compulsory.
- Self-determination requires a voluntary, uncoerced agreement; required participation is distinct from forced acceptance.
- The mediator may decide marital validity by compromise.
- Every family issue becomes compromisable once mediation begins.
- The parties lose the right to seek adjudication if they disagree on terms.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — AM19-10-20-SC, current 2019 amendments, Rules18–22.
- https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf — Supreme Court primary compilation, pp1659–1673, AM19-10-20-SC 2020 CAM/JDR Guidelines effective March1 2021; Ch1§2, Ch2 PartsC–D.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/98364 — AM24-02-06-SC, November5 2024, Rule on Family Mediation.
- https://lawphil.net/judjuris/juri2021/aug2021/gr_241699_2021.html — Uy Tuazon v Fuentes, GR241699, August4 2021, main resolution.
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