The Supreme Court (SC) en banc approved the family mediation rule to address court backlogs.

In a resolution dated 5 November 2024 and released on 8 January, under A.M. No. 2402-06-SC, the initiative aims to meet the growing need for family mediation, both domestic and international, enhance the efficiency of family courts, reduce backlogs, and prioritize the best interests of the child.

It also introduced innovations in handling family cases, describing family mediation as a process where an impartial mediator facilitates the resolution of disputes and assists the parties in reaching voluntary agreements.

Family mediation, a non-adversarial process, should involve the children and allow them to express their views on matters that affect them. The process must prioritize the best interests of both the child and the family.

It is limited to suits between spouses; parents and children; other ascendants and descendants; siblings; relatives within the fourth civil degree of consanguinity (by blood) or affinity (by marriage); and parties in a common-law, dating, or sexual relationship, former or present.

The rule mandates that the following cases be referred to family mediation: (a) those involving issues under the Family Code and other laws that can be subject to a compromise agreement, such as support, custody, visitation, property relations, and guardianship; (b) settlement of intestate estates (estates without a will); (c) cross-border disputes in international child abduction, support, custody, visitation, guardianship, and other civil cases involving children filed in the Philippines between a Filipino resident and a citizen of a Council of ASEAN Chief Justices (CACJ) member country; and (d) other civil cases or civil aspects of criminal cases where mediation is allowed by law, rules, or international conventions or agreements.

Parties to these cases, excluding cross-border disputes, must first undergo a dispute resolution process and attempt to reach an amicable settlement before filing a court action.