The Mediation Outside Litigation (MOL) service is intended to provide an option for parties to settle their intellectual property (IP) dispute even before filing a case in court or an administrative agency. The MOL service is a flexible, cost-effective and expeditious procedure in resolving an IP dispute. It is envisioned to cater to the needs of the micro, small and medium enterprises (MSMEs), IP and business organizations, and Collective Management Organizations (CMOs).

The IPOPHL established its mediation service in 2011 and has been instrumental in settling 660 cases out of 1,749 cases mediated, for a 38% settlement rate at the end of 2021. IPOPHL is an accredited ADR Provider Organization (APO) of the Office for Alternative Dispute Resolution (OADR) of the Department of Justice (DOJ), the main agency of the government tasked to implement the ADR Act of the Philippines. To date, IPOPHL is the only government agency to be accredited as an APO.

The MOL Incentive package is open to all interested entities.

This Incentive Package is available until 31 December 2023.

For inquiries, you may email blaadrs@ipophil.gov.ph

Mechanics:

  1. The MOL incentive package is open to all entities/organizations;
  2. All applicable mediation fee(s) for each party shall be reduced to Php 4,000.00 from Php 7,500.00; and
  3. Parties who will avail of the MOL incentive package must abide by the IPOPHL’s Memorandum Circular No 2020-048, Amendments to the Rules of Procedure for IPOPHL Mediation Outside Litigation.

Rules on Mediation Outside Litigation

  1. File the request with the Bureau of Legal Affairs ADR Service (BLA-ADRS). Remember that both parties to the dispute have to sign!
  2. If you can’t appear personally for the mediation session, make sure your representative has a Special Power of Attorney.
  3. During the pre-mediation conference, the mediator and the parties will discuss how to go about the mediation process. The goal is always to reach a settlement in the shortest time possible.
  4. Mediation will be terminated once:
    • The parties sign a settlement agreement;
    • The parties send a written notification to the mediator that they are no longer interested in mediation; or
    • The mediator sends the parties a written notification that, in his or her opinion, mediation will not resolve the dispute.