DAVAO CITY- Through the practice of mediation and private caucus, the Cooperative Development Authority Region 11 Extension Office through its Legal Unit was able to facilitate a successful and peaceful settlement agreement involving a transport cooperative in Davao del Sur on March 20, 2024.
The said dispute involved transportation franchises, routes, operations, membership grievances, among others. The CDA Facilitator for the said successful dialogue was Mr. Paul Ryan Simbajon, Cooperative Development Specialist assigned in the CDA Davao Legal Unit.
Through Section 4 (u) of RA 11364 as its legal basis, the Authority is mandated to adopt and implement a dispute resolution mechanism that will settle conflicts between and among members, officers, and directors of cooperatives, and between and among cooperatives in accordance with Article 137 of Republic Act No. 9520, Republic Act No. 9285, otherwise known as the “Alternative Dispute Resolution Act of 2004”.
Mr. Simbajon, who underwent a one week training through a Office of Alternative Dispute was able to use the private caucusing method, wherein disputants are physically separated from each other and allowed to openly air to the dialogue facilitator their grievances which they cannot otherwise air during the confrontation. This method increases the chance of a successful outcome to the negotiation due by allowing the disputants to openly open up their side of the dispute without fear of retaliation or judgment.
The dialogue proceeding under the CDA is a process where the CDA Dialogue Facilitator forges the power to recommend and assist the parties to isolate issues and options to reach an amicable settlement by consensus that jointly satisfies the parties.