SYLLABUS ON ALTERNATIVE DISPUTE RESOLUTION

Summer S.Y. 2018-2019

(April 6 – May 18, 2019)

This course aim to to enable the students to understand the different

dispute resolution processes and how they differ from each other. To better
appreciate that ADR is the preferred mode of settling disputes between parties
and change one’s mindset that lawyering is only about litigation.

Method of teaching includes theoretical discussion, cases and examinations.

Students are encouraged to participate in class discussion and submit assigned
requirements on time.

I. Introduction
II. Fundamentals of Alternative Dispute Resolution
A. Definition
B. State Policy on Alternative Dispute Resolution
C. Principle of Alternative Dispute Resolution
D. Objectives and benefits of Alternative Dispute Resolution
E. Features of Alternative Dispute Resolution
a. ADR is a means used to resolve a dispute or controversy.
b. ADR utilizes means and methods allowed by law.
c. ADR is contractual in nature.
d. ADR avoids court trial.
e. ADR usually involves the participation of a neutral third party.
F. Forms of Alternative Dispute Resolution
a. Arbitration
b. Mediation
c. Conciliation
d. Neutral and early neutral evaluation
e. Mini-trial
f. Any combination of the foregoing
g. Any other ADR form (Innominate ADR Form)
G. Classification of Forms of Alternative Dispute Resolution
H. Components of Alternative Dispute Resolution
I. Subject Matter of Alternative Dispute Resolution
III. Salient Feature of R.A. 9285
A. The RTC must refer to arbitration in proper case
B. Foreign arbitral awards must be confirmed by the RTC
C. The RTC has jurisdiction to review foreign arbitral awards
 D. Grounds for judicial review different in domestic and foreign arbitral
awards
E. RTC decision of assailed foreign arbitral award applealable
IV. Alternative Dispute Resolution Law 9285
A. Mediation in General
a. Classification of Mediation
b. Place of Mediation
c. Stages of Mediation
d. Advantages of Mediation
B. Confidential and Privileged Nature of Mediation Communication
a. Legal Effects of Confidential and Privileged Nature
b. Exceptions Base on Agreement, Nature of Proceedings, Crime or
Social Justice
c. Exceptions Based on Public Policy
d. Limited Use of Exempted Evidence
e. Privilege of the Mediator
f. Waiver of Confidentiality
C. The Mediator
a. Duties and Functions of Mediators
b. Mediator’s Costs and Fees
D. Mediated Settlement Agreement
E. Role of Counsel in Mediation
V. Arbitration Law
VI. International Commercial Arbitration
VII. Special Rules of Court on Alternative Dispute Resolution

Grading System:

COMPONENTS PERCENTAGE

Attendance 5%
Orals 5%
Project /
Activity 15%
Finals 75%
Total 100%

Atty. Douglas J. Baldado Jr.

Instructor