UNIVERSITY OF SAN JOSE-RECOLETOS

SCHOOL OF LAW
UNIVERSITY SCHOOL OF LAW
COURSE SYLLABUS

Course Title: Alternative Dispute Instructor:

Resolution
No. of Units: 3 Atty. Abraham Rey
Montecillo Acosta
Semester/ SY: Second / 2018-2019
Department/Track:
Pre-requisites:

I. COURSE DESCRIPTION AND OBJECTIVES

The course includes a detailed examination of the theory and practice of ADR methods in the
context of an adversarial legal system, to develop an understanding of the operation and
implications of various ADR theories and practices and to assess their value. The course
explores the application of ADR processes in the international environment, particularly
International Commercial Arbitration. The course aims to develop ability to critically assess
the legal, social and other issues associated with ADR, and to understand the implications of
the operation of those theories in an adversarial legal context. The course will include a
selection from the following or similar topics: the nature of disputes, including the
psychological, political, cultural, economic and social issues of dispute resolution; acceptance
and operation of ADR as a credible dispute resolution alternative to litigation; theory; features
and values of various forms of ADR; Justice reform, including the role of the courts and the
provision of court annexed ADR, the "multi-doored" court, and the role and value of judicial
decision making; domestic and international commercial arbitration; ADR and industrial
disputes; power and control in dispute resolution; mediation theory; ADR and criminal law;
dispute system design; legal rights and responsibilities flowing from ADR outcomes; and
ethical issues for ADR practitioners. The course will include the participation of ADR
practitioners, when possible. Students will engage in practical ADR exercises through role
plays.

Learning Outcomes

Upon completion of this course, students will be able to:

1. Appreciation of the social relevance and historical context of Alternative DR models;

2. Capacity to identify and analyse the complex drivers of dispute behaviour in the
community,
3. Understanding of the theoretical models of dispute resolution and capacity to analyse their
operation in both legal and social contexts
4. Development of basic mediation skills, including communication, analysis, and issue
identification
5. Capacity to engage in simple dispute resolution systems design
6. Ability to adaptively apply ADR theory in varied practical contexts, including
international, industrial, and socio political
7. Sophisticated understanding of the ethical and legal ethical issues surrounding Alternative
Dispute Resolution models and practice.

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8. Prepare and present an engaging informative presentation on a chosen area of ADR that
expands upon the core themes of the course

Methodology

1. Socratic Method will be the primary form of teaching. A student will be required to
discuss the rules and cases, guided by questions from the professor. A student must be
prepared to discuss all the cases and articles assigned for the day.
2. Powerpoint presentations will supplement certain sections of the Rules.
3. Students, by groups, will have role play scenarios to illustrate the various ADR models.

II. LEARNING RESOURCES

Required Resources

 Asia Mediation Handbook (Sweet & Maxwell publisher; available at USJR Law Library
Reserve Section)
 Jim Lopez, The Law on Alternative Dispute Resolution
 Festin, The Alternatie Dispute Resolution and the Arbitration Law

III. COURSE OUTLINE

Week/Session Topic
Week 1 I. Introduction to Alternative Dispute Resolution
A. Katarungang Pambarangay Law
Read:
 Local Government Code Chapter on Katarungang Pambarangay
 Administrative Circular No. 14-93
 Katarungang Pambarangay A Handbook

Week 2 B. Court Annexed Mediation

Read:
 Mediation Frequently Asked Questions
 A.M. No. 01-10-5-SC-PHILJA
 Implementing Rules and Regulations on Mediation in the Trial
Courts
 Consolidated and Revised Guidelines to Implement the Expanded
Coverage of Court Annexed Mediation and Judicial Dispute
Resolution
 Pilot Testing of Mediation in the Court of Appeals

Week 3 C. Judicial Dispute Resolution

Read:
 Consolidated and Revised Guidelines to Implement the Expanded
Coverage of Court Annexed Mediation and Judicial Dispute
Resolution
 The JDR Guide

Week 4 II. Arbitration

Read:
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  Republic Act 876
 Republic Act 9285
 1985 UNCITRAL Model Law on International Commercial
Arbitration
 Convention on the Recognition and Enforcment of Foreign
Arbitral Awards (New York Convention)
A. Domestic Arbitration
Read:
TBA

Week 5 to B. International Arbitration

Week 15 C. Commercial Arbitrations
D. Construction Arbitration

Read:
TBA

IV. COURSE REQUIREMENTS AND GRADING SYSTEM

To pass the course, a Final Average of 75% must be obtained, broken down as follows.

Course Grade Breakdown Description

Requirements
At least 4 short 10%
quizzes
Recitation 10% Students who are absent when called will get an
automatic zero for the orals, unless he is
randomly called again and is present and able to
recite well.
Prelims 15%
Midterms 25%
Finals 30%
Role Play Score 10%

V. COURSE POLICIES

 During class sessions, only lesson plan notebooks or similar notebooks are allowed. No
books are allowed on the table. The notebook should contain only the student’s
handwritten work.

 Electronic gadgets and recording devices are strictly prohibited.

 No pass policy during orals. All students called must recite to the best of their abilities.

 Questions related to the re-scoring of bluebooks or exams should be raised to the

attention of the professor within two days from notice that the bluebooks/exams have
been returned to the office. Similarly, questions related to grades should first be
addressed to the attention of the professor within the same time as the previous prior
to seeking other avenues.
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  The university policy on absences shall be strictly enforced. If a student has gone
beyond the maximum number of absences, he shall take action accordingly (either
withdraw or be marked with a final grade of 5.0). Excuse letters will only be accepted
for valid reasons, and if duly notarized and in the form of an affidavit with supporting
documents.

 There are times when the professor may come in late. Unless the School of Law gives
advice, no student is expected to leave the classroom until the professor arrives. At any
rate, the professor will advise the School of Law if he will hold classes on a particular
date or not, or whether he will come in late or not. The class president shall also inquire
from the professor whether he will come in or not, if the professor is already late for
more than an hour with no advice being given.

 Other university policies on cheating, plagiarism, dress code, hair cuts, discipline, etc.
shall be strictly enforced. In addition, students are required to come to class in formal
courtroom attire (Suit [navy blue, black, or charcoal gray] and tie, or barong for men,
conservative formal office attire in blue, charcoal gray, or black color scheme for
women)

VI. CONTACT AND OTHER INFORMATION

 Preferred manner of communication is via Facebook’s Group Chat function. All

communications must be coursed through the group chat facility to enable everyone to
participate or know the topic being consulted about. Kindly add to the Group Chat the
professor’s facebook account: Abe Acosta. Please note that proper English spelling and
grammar shall always be maintained on Facebook. No small talks or nonsensical
messages please, and no need to post “Thank you’s” or “noted” or thumbs up. Imagine
receiving 60 messages from different students all saying “Thank you” or “noted”,
thumbs up, and/or similar messages.

 For inquiries requiring confidentiality, the professor may be approached anytime when
he is in school or at his office address listed below. Kindly note considerations of office
etiquette and time constraints when personally consulting with the professor at his
office. Please schedule a consultation time prior to visiting the office.

A Acosta & Associates

Unit 508C 5/F Keppel Center Building
Cardinal Rosales Avenue corner Samar Loop
Cebu Business Park
Ayala Center
Cebu City, Philippines 6000

L: +63 32 354 9908

M: +63 928 506 3466
E: Abraham@AcostaLaw.ph
W: http://www.AcostaLaw.ph

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