OBE COURSE SYLLABUS

FOR JURIS DOCTOR-3

FIRST SEMESTER, SY: 2020-2021 / JULY 4, 2020 – NOVEMBER 8, 2020

COURSE CODE: 565

COURSE NAME: ALTERNATIVE DISPUTE RESOLUTION (ALTDSRE)
CREDITS: 2 units
CONTACT HOURS: 2 hours Lecture

SPECIFIC COURSE INFORMATION

COURSE Study of ADR System in the Philippines pursuant to RA 9285, its policies,
DESCRIPTION: different ADR forms as efficient tools to court diversion, and
institutionalization and implementation of Court Annex mediation (CAM)
and Judicial Dispute Resolution (JDR) as part of the mandatory pre-trial to
facilitate court decongestion per A.M. No. 01-10-5-SC PHILJA, AC No.
20-2002, AM 04-3-15-SC PHILJA and AM 11-1-6-SC PHILJA.
PRE-REQUISITES: NONE/ELECTIVE
CO-REQUISITES: NONE/ELECTIVE
COURSE
LAW
CLASSIFICATION:

LEARNING RESOURCES

TEXTBOOK/LAW: Republic Act No. 9285 (Alternative Dispute Resolution Act of 2004); A.M.
No. 11-1-6-SC-PHILJA (Re: Consolidated and Revised Guidelines to
Implement the Expanded Coverage of Court-Annexed Mediation and
Judicial Dispute Resolution)
OTHER SC-PHILJA PMC Basic Seminar Workshop on Mediation Hand-outs;
SUPPLEMENTAL SC-PHILJA PMC Family Court Mediation Seminar Workshop Hand-outs;
MATERIALS: Mediation Process: Practical Strategies for Resolving Conflicts by
Christopher W. Moore, 2nd Ed.; and Powerpoint presentations

SPECIFIC GOALS FOR THE COURSE

INTENDED LEARNING OUTCOMES (ILO):

On completion of the course, the students will be able to know, apply and appreciate:

(1) The Policy of the State to promote party autonomy in the resolution of disputes or the freedom
of the parties to make their own arrangements to resolve their disputes;

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 (2) The promotion and institutionalization of ADR as an important tool to achieve speedy and
impartial justice and to declog court dockets;

(3) The procedures and techniques of ADR;

(4) The governing laws on ADR; exceptions to ADR application; benefits of ADR, common types
of ADR and the emerging practices, trends and innovations of ADR; and

(5) Recent jurisprudence of ADR.

COURSE ASSESSMENT

FINAL COURSE OUTPUT:

As evidence of attaining the above learning outcomes, the students are required to do and
submit the following during the indicated dates of the term:

ILO REQUIRED OUTPUT DUE DATE

ILO # 1 to 5, supra Power Point Presentation Chronological

RUBRIC FOR ASSESSMENT:

CRITERIA/PERFORMAN EXCELLENT SATISFACTORY UNSATISFACTOR SCOR

CE INDICATOR 90-100% 76-90% Y E
75-BELOW
1. Know, apply and Know, apply and Know and apply Do not know or apply
appreciate all the appreciate all some governing any of the ADR laws
governing laws on ADR governing laws on laws on ADR
ADR
2. Know and apply the step Know and apply all Know and apply Do not know or apply
by step procedures of procedures of ADR some steps of ADR any of the procedures
ADR of ADR
3. Know the exceptions to Know the exceptions Know some Do not know or apply
ADR application to ADR application exceptions to ADR any exceptions to
application ADR application
4. Know and appreciate the Know and appreciate Know and Do not know or
benefits of ADR the benefits of ADR appreciate the appreciate the
benefits of ADR benefits of ADR
5. Know the common types Know the common Know some Do not know the
of ADR and the emerging types of ADR and the
common types of common types of
practices, trends and emerging ADR
ADR and the ADR and emerging
innovations of ADR trends/practices&
emerging ADR practices, trends and
innovations practices, trends and innovations of ADR
innovations
6. Know and apply the Know and apply the Know and apply Do not know and
recent jurisprudence of recent jurisprudence some recent apply recent
ADR of ADR jurisprudence of jurisprudence of
ADR ADR

LEARNING PLAN

TEACHING STRATEGY: VIRTUAL (ONLINE) LEARNING; BLENDED/HYBRID

1. No face-to-face class, but learning is personalized via MS Teams or Zoom app, Google
Meet/Hangout for videoconferencing. All students must download these applications in their

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phone, laptop and/or desktop. The students must provide their professor with their personal email
accounts to join or be added in any of these platforms.
2. The class shall likewise organize their own Messenger Group Chat for their interactivity
and conversation among themselves and their professor. The topic outlines of the course
contents, the powerpoint presentations, reports, assignments and examinations will be
downloaded to this Group Chat.
3. The students will be formed into several groups, and each group shall be assigned to a
topic to be reported every actual class time. Prior to reporting, they will be required to download
their report via email or messenger group chat. Interactive discussion on every topic is
encouraged so that everyone should learn from one another’s input and experiences.
4. Any member of the group is obliged to relay, inform or tutor his/her member who may
not be able to attend actual class time due to justifiable reason.
5. All students are encouraged to consult their professor thru FB, Messenger, mobile phone,
e-mail or any of the 3 platforms so he/she can engage in his/her own pace of learning.
6. Exams will be posted online (group chat) and answers will be submitted by email to
attyleogiron@gmail.com on a given deadline.

GRADING SYSTEM: PASS/NO CREDIT grading policy per LEB Memo 56, Pandemic
Guidelines.

CLASS POLICIES – as stated in the student’s manual.

ACTUAL CLASS TIME –

COURSE OUTLINE/SCHEDULING:

# Class Day TOPIC TLAs Reporter

1/2 July 4 – OVERVIEW; Concepts, 1. Expectations; Why ADR;
July 11 Objectives & Advantages of State policy; key principles and LSG
ADR; Mediatable cases; governing laws; exceptions;
Emerging practices, trends definitions; kinds of ADR;
and innovations; recent common types of ADR;
jurisprudence characteristics and benefits;
ADR in Philippine judiciary;
juris project; court diversion of
cases;
3 July 18 Types of Conflicts; Nature of Introduction; definition; nature; Group 1
Conflict; views; levels; types; conflict
Personal Approaches to resolution and approaches;
Conflict mediation of conflicts
4 July 25 Negotiation: Nature, Distributive vs. integrative; Group 2
Elements, Processes positional vs. interest-based
5 Aug 1 Communication Perceptual model of
Fundamentals and communication; effective Group 3
Barriers; communication strategies;
Active Listening; Exercises; barriers; key communication
Reframing Positions to skills; active listening skills and
Interest reframing
x Aug 8-9 Preliminary Examination
6 Aug 15 Caucusing; Impasse Caucus: purpose and ground
rules; ending a caucus; how to
prevent an impasse; how to
break an impasse; special types
of impasse; effects
7 Aug 22 Questioning Why question; types of Group 5
questions
8 Aug 29 Summarizing Reasons to summarize; process Group 6
Non-Defensive Responses of summarizing; steps,
guidelines & tips;

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 Breaking defensiveness chain; 5
skills in non-defensive response;
when to use NDR
9 Sept 5 CAM CAM procedures; JDR Group 7
JDR Guidelines under AM 04-1-12-
FAMILY MEDIATION SC and AM 11-1-6-SC; cases
covered under Family Court
Mediation
10 Sept 12 FILIPINO FAMILY, Filipino Family; Filipino Group 8
VALUES & CULTURE Values; Filipino Culture; Why
study Culture in Mediation;
y Sept 13 Mid-Term Examination
y2 Sept 19- Mid-Term Examination
20
y3 Sept 26 Law Day
11 Oct 3 Gender Sensitivity & CEDAW & the Courts; Forms Group 9
CEDAW of Discrimination; Gender
Sensitivity; Gender Integration
in Mediation; Gender bias in
Philippine Judicial System;
12 Oct 10 How to deliver Effective Purpose and Objectives; set the Group 10
Opening Statement; Writing tone; parts of the opening
of Compromise Agreement statement; opening statement of
mediator; opening statement of
the parties; Compromise
Agreement per Art. 2028 and
2041 of Civil Code; drafting
compromise agreement with or
without the assistance of
counsel;
13 Oct 17 Workshop; Role-play “fishbowl” method Group 11
z Oct 24-25 Final Examination
z2 Nov 7-8 Final Examination

PREPARED BY: RECOMMENDING APPROVAL:

ATTY. LEO S. GIRON ATTY. RAYMUND GALLARDO

Law Professor Dean

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