September 10, 2025

The Supreme Court of the Philippines, on 05 November 2024, promulgated the Rule on Family Mediation (A.M. No. 24-02-06-SC), aiming to provide families with a more amicable alternative to resolve disputes. This new rule establishes mediation as a means to address familial conflicts without resorting to litigation. By prioritizing mediation, the rule helps ease the emotional, financial, and psychological burdens of lengthy legal battles.
 
The rule applies to family court cases and disputes under the jurisdiction of the first and second level courts and the Court of Appeals. It covers disputes between and/or among spouses, parents and children, relatives within the fourth civil degree of consanguinity or affinity, and those in past or present common-law, dating, or sexual relationships.
 
The rule mandates the referral of the following cases to family mediation:

  • Family Code disputes that can be the subject of a compromise agreement (e.g., support, custody, property relations, guardianship)
  • Settlement of intestate estates under the Rules of Court
  • Cross-border family disputes such as international child abduction, custody, support, and guardianship involving Filipino nationals and citizens of ASEAN member countries
  • Other civil cases or civil aspects of criminal cases where mediation is permitted by law or international agreements

while excluding the following cases:

  • Civil cases that cannot be the subject of a compromise, including:
    • Civil status of persons
    • Validity of a marriage or legal separation
    • Grounds for legal separation
    • Future support
    • Jurisdiction of courts
    • Future legitime
  • Habeas corpus cases, except when related to custody of minors
  • Violations of Republic Act No. 9262 (VAWC)
  • Cases involving protection orders or restraining orders under the Family Code.

A key provision of the rule is that all mediation proceedings are confidential. Information shared during mediation cannot be used in court if the mediation does not result in an agreement, ensuring open and honest communication.
 
The mediation is expected to take place within 30 days from referral. When an agreement is reached, the mediator prepares a memorandum of agreement, which is submitted to the court for approval.
Once approved, the agreement becomes enforceable, ensuring its legal validity. If the parties cannot reach a resolution, the case is returned to court for further litigation.
 
In all, this rule reflects the Supreme Court’s commitment to resolving family disputes with sensitivity, offering a less adversarial and more cooperative approach. By focusing on communication and understanding, the Rule on Family Mediation serves as an essential tool in fostering peaceful and constructive family resolutions.

See full text here: https://sc.judiciary.gov.ph/24-02-06-sc-the-rule-on-family-mediation/