APPROPRIATE DISPUTE RESOLUTION

Atty. Brenda Jay Angeles Mendoza

De La Salle University College of Law

Second Semester, Academic Year 2019-2020
8:00 a.m. - 10:00 a.m. (G03)
11:00 a.m. - 1:00 p.m. (G12)

1. Course Description and Objectives

This course introduces the concept of Alternative/Appropriate Dispute Resolution

(ADR) as a mode of resolving disputes within a full continuum of dispute resolution /
conflict management approaches. It commences with an understanding of conflict, its
dynamics and stages, and offers a tool for diagnosing conflicts. It discusses the
advantages of using appropriate ADR modalities, the differences among various ADR
modes, and the principles governing ADR. It highlights the shift from a legal/
positional/rights-based mindset to a problem-solving/interest-based paradigm of
dispute resolution and discusses the important role of lawyers in ADR.

This course makes reference to relevant laws and policies on ADR in the Philippines,
with focus on mediation, within and outside the courts, as a context for understanding
its legal foundations. At the same time, it considers special issues, such as gender,
culture, and power in ADR; and its application to specific disputes like those related to
family and resource use conflicts.

The goal of this course is to provide the students with both substantive overview of
ADR and practical skills necessary for successful ADR outcomes. The course will be
conducted through interactive lectures, individual and group assignments, as well as
role plays and simulation exercises.

2. Course Outline

I. Introduction

A. Nature, Dynamics and Stages of Conflict

B. Parties’ Responses to Conflicts, the Continuum of Dispute Resolution Approaches
C. Locating ADR in the Continuum of Dispute Resolution Approaches
D. Concept, Characteristics, and Principles of ADR
E. Paradigm Shift in Dispute Resolution: Understanding the Sources of Conflicts
F. Popular Forms and Uses of ADR in the Philippines

II. ADR Law and Policy

A. The Law on ADR

1. Policy Declaration
2. Coverage of Law

Atty. Brenda Jay Angeles Mendoza, Appropriate Dispute Resolution, De La Salle University College of Law, 2nd Sem, AY2019-2020
 3. Mediation
a. Voluntary Mediation
b. Distinguished from Court-Annexed Mediation
c. Mediation and the Role of the Courts
4. Arbitration
a. International Commercial Arbitration
b. Domestic Arbitration
c. Arbitration of Construction Disputes
d. Arbitration and the Role of the Courts
5. Other Provisions

B. Court-Referred/Court-Related ADR
1. Court-Annexed Mediation
2. Judicial Dispute Resolution
3. Appellate Court Mediation
4. Family Mediation
5. Environmental Mediation

C. Other ADR

III. Roles and Responsibilities of Lawyers in ADR

IV. Practical Skills in ADR

A. Conflict Analysis
B. Effective Communications
C. Interest-Based Negotiations
D. Facilitation, Problem-Solving, and Consensus-Building
E. Overcoming Impasse and Reaching Agreements

V. Special Issues in ADR

3. Course Materials

Laws and Policy Issuances

Republic Act No. 9285, Alternative Dispute Resolution Act of 2004

Department of Justice Circular No. 98 (2010), Implementing Rules and Regulations of the ADR
Act of 2004

Department of Justice Memorandum Circular No. 024 (2019), PIlot Implementation in the
Office of the City Prosecutor, Cebu City, of the Rules on Mediation in the National
Prosecution Service

Republic Act No. 876 (1953), as amended by RA 9285, Arbitration Law

Atty. Brenda Jay Angeles Mendoza, Appropriate Dispute Resolution, De La Salle University College of Law, 2nd Sem, AY2019-2020
UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards, approved in
1985 and ratified by the Philippine Senate under Resolution No. 71 (New York Convention)

Model Law on International Commercial Arbitration, adopted by the UN Commission on

International Trade Law, 21 June 1985

Executive Order No. 1008 (1985), Construction Industry Arbitration Law

Executive Order No. 78 (2012), ADR in Contracts Between Government and Private Entities

Republic Act No. 7160, Local Government Code of 1991 (Katarungang Pambarangay)

A.M. No. 07-11-08-SC, 1 September 2009, Special Rules of Court on ADR

A.M. No. 11-1-6-SC-PHILJA, 11 January 2011, Consolidated and Revised Guidelines on Court-
Annexed Mediation and Judicial Dispute Resolution

A.M. No. 15-06-10-SC, 1 September 2017, Revised Guidelines for Continuous Trial of Criminal
Cases (provisions on mediation)

OCA Circular No. 43-2019, 20 March 2019, Issuance of the En Banc Resolution dated 2 October
2018 in A.M. 15-06-10-SC (Re: Adopting the Guidelines for Continuous Trial of Criminal Cases
in Pilot Courts) (provisions on family courts and mediation)

A.M. No. 09-6-8-SC, 29 April 2010, Rules of Procedure for Environmental Cases (provisions on
mediation)

Code of Professional Responsibility, 21 June 1988

A.M. No. 04-3-15-SC, 23 March 2004, Guidelines for Parties’ Counsel in Court-Annexed
Mediation Cases and in JDR Proceedings

A.M. No. 01-10-5-SC-PHILJA , 16 October 2001, Code of Ethical Standards for Mediators

PDRCI Administrative Guidelines and the Code of Ethics for Arbitration

PIArb Code of Professional Responsibility for Members

Other Readings*

Angeles-Mendoza, B., Court-Annexed Mediation and Judicial Dispute Resolution: The

Philippine Experience in Skills-Based Training and Transformational Education, paper
presented during the 8th International Conference on the Training of the Judiciary, 5-9
November 2017, Philippines

Crowfoot, J. and Wondolleck, J. Environmental Disputes: Community Involvement in Conflict

Resolution, Island Press, U.S.A.

Atty. Brenda Jay Angeles Mendoza, Appropriate Dispute Resolution, De La Salle University College of Law, 2nd Sem, AY2019-2020
Delos Angeles, E., Court-Annexed Mediation: The Philippine Experience

Fisher and Ury, Getting To Yes: Negotiating Agreement Without Giving In, Penguin Books,
U.S.A.

Fisher, et.al., Beyond Machiavelli: Tools for Coping with Conflict, Penguin Books, U.S.A.

Herrera, A., Court-Annexed Mediation: Making It Work, The Philippine Experience, paper
presented during the International Conference and Showcase on Judicial Reforms, 29
November 2005, Philippines

Jandt F.E. and Pedersen, The Cultural Context of Mediation and Constructive Conflict
Management in Constructive Conflict Management: Asia Pacific Cases, Sage Publications, Inc.

Lazatin V. and Prodigalidad, P., Arbitration in the Philippines.

Lee, J., Culture and Its Importance in Mediation in McFadden, D., et.al.,eds., in Mediation in
Singapore: A Practical Guide, Sweet and Maxwell, T. Reuters, Singapore (2015).

Menkel-Meadow, C., Women in Dispute Resolution: Parties, Lawyers and Dispute Resolvers:
What Difference does ‘Gender Difference’ Make? Legal Research Paper Series No. 2012-64,
Dispute Resolution Magazine, University of California, Irvine, School of Law, Spring 2012

Menkel-Meadow, C., Transformation of Disputes by Lawyers: What the Dispute Paradigm Does
and Does Not Tell Us, Journal of Dispute Resolution, Article 4 (1985)

Moore C.W., The Mediation Process: Practical Strategies for Resolving Conflict, Jossey-Bass
Publishers, San Francisco, U.S.A.

Riskin, L.L. and Westbrook, Dispute Resolution and Lawyers, American Casebook Series,
WestGroup, U.S.A.

Riskin, L. (1982), Mediation and Lawyers, Ohio State Law Journal, 43, 29-60

*Further readings may be assigned in the course of the semester

4. Course Requirements

Because the format of this class relies very heavily on active participation in ADR in-class
exercises and simulations, attendance is crucial to the student’s success. The maximum
number of permitted absences for this class is three (3). More than three (3) absences
accumulated during the semester will result in a failing grade.

Atty. Brenda Jay Angeles Mendoza, Appropriate Dispute Resolution, De La Salle University College of Law, 2nd Sem, AY2019-2020
Class Participation: 30%

The goal of this course is not only to familiarize the students with ADR modalities, but also to
develop the skills necessary to use these modalities to the fullest extent possible. This is
considered when students come to class on time and fully prepared. Students are expected to
provide input and to actively participate in class exercises. This includes readiness and
willingness to participate in any exercises or simulations during classes. A student may be
considered absent if s/he is not prepared for the class and is not willing to participate in any
such exercises/simulations.

Individual and Group Assignments: 30%

Students will be asked to individually reflect on certain conflicts, ADR concepts, or issues
related to ADR practice. They will also be asked to work with fellow students to study a case
or issue, then discuss the case/issue or demonstrate particular ADR skills in class; and/or,
when warranted, observe and assess specific ADR processes. The individual and group
assignments will be given in lieu of a midterm examination.

Final Examination: 40%

The final examination is integrative and will cover the entire course outline. It will comprise
of questions that are drawn from the stated objectives of this course and will be based on a
conflict scenario. Students will be asked to analyze the facts given in relation to what they
have learned about ADR laws and policies, the role of lawyers in ADR, skills in ADR, and
special issues in ADR practice.

-bjam2020-

Atty. Brenda Jay Angeles Mendoza, Appropriate Dispute Resolution, De La Salle University College of Law, 2nd Sem, AY2019-2020