NEW ERA UNIVERSITY

COLLEGE OF LAW
SYLLABUS ON ALTERNATIVE DISPUTE RESOLUTION

REFERENCES:

Republic Act 9285 The Alternative Dispute Resolution Act

Republic Act 876 The Arbitration Law
A.M No. 07-11-08-SC Special Rules of Court on Alternative Dispute Resolution
Executive Order No. 1008 Construction Industry Arbitration Law
The New York Convention (United Nations Convention on the Recognition and Enforcement
of Foreign Arbitral Awards approved in 1958 and ratified by the Philippine Senate under
Senate Resolution No.71)
The Model Law on International Commercial Arbitration adopted on June 21, 1985 by the
UN Commission on International Trade Law Alternative Dispute Resolution in the
Philippines; Wave of the Future or the Road Less Traveled? by Marthe Lois V. Cordia

TITLE 1. BASIC CONCEPT OF ADR

I.
Introduction to ADR

Advantages of ADR

1. Speed and Cost

2. Privacy and Confidentiality

3. Final and Binding

Modes of Dispute Resolution

Overview of the Nature of Conflict

What cannot be subjected to ADR (civil status, validity of marriage, grounds for

legal separation, jurisdiction of courts, future ligitime, criminal liability and those by

which by law cannot be compromised i.e reversion proceedings, powers or functions

expressly provided by law)

Practical Exercises
 1. Identifying Conflict
Conflict as a part of life.
Examples of conflict

2. Theories of Conflict-
Power theory
Rights theory
Interests and Needs theory

3. Responses to Conflict
fight
Flight-

4. Expressing feelings:
Adversarial
Non-adversarial

5. DONTs
Advise
One upp
Educating
Consoling
Story telling
Shutting down
Sympathizing
Interrogating
Explaining
Correcting

TITLE II - THE ADR ACT (RA 9287)

A. Basic Policy
Promote party autonomy in resolving disputes
Encourage and actively promote the use of ADR
 Enlist active private sector participation in settlement through ADR

B. Electronic Signatures
C. Liability of ADR Provider and Practitioner
D. Exception to the Application of this Act.

CHAPTER 2A - MEDIATION/COURT REFERRED MEDIATION

E. Scope
F. Application and Interpretation
G. Confidentiality of Information

Waiver
exceptions to Privilege

H. Prohibited Mediator Reports

I. Procedure on Mediation
Appointment of mediator
a. Mediators Disclosure and Conflict of Interest
Procedure

Participation of
- Lawyers
- Any person
Place/Venue
Preparation and enforcement of settlement agreement
Language
Mediators certification
Option to deposit with RTC
a. Purpose
b. Procedure
Remedy if partly failed to imply
Option to treat as arbitrator and arbitral award

J. Effect of Agreement to Submit Dispute to Mediation Under Institutional Rules.

Conflict in rules
 CHAPTER 2B - COURT ANNEXED MEDIATION

CHAPTER 3 - OTHER ADR FORMS

K. Referral of Dispute to other ADR Forms.

CHAPTER 5 - DOMESTIC ARBITRATION

L. Law Governing
Republic Act No. 876, The Arbitration Law
M. Procedure in Arbitration (commercial and domestic)
Appointment, appointing authority; functions
Confidentiality
1. exceptions
Interim measures
a. Granting
1. appointing authority
2. Court
b. enforcement
Place/venue
Language

CHAPTER 6 - ARBITRATION OF CONSTRUCTION DISPUTES

N. Governing Law - Executive Order No. 1008, otherwise known as the Construction
Industry Arbitration Law
Coverage
Preference of procedure in commercial construction dispute
Preference of these rules vs. Court jurisdiction
i. Exception
Option to appoint foreign arbitrator
O. Applicability to Construction Arbitration.

CHAPTER 4 - INTERNATIONAL COMMERCIAL ARBITRATION

 P. Government law
Q. Interpretation of Model Law
R. Legal Representation in International Arbitration

CHAPTER 7 - JUDICIAL REVIEW OF ARBITRAL AWARDS

S. Confirmation/Recognition and enforcement

A. Domestic Awards
Confirmation
Enforcement

6. A CIAC arbitral award

Confirmation
Enforcement
7. Foreign Arbitral Awards covered by New York Convention
Recognition
Enforcement
8. 8. Foreign Arbitral Awards NOT covered by New York Convention
Recognition
Enforcement
II. Vacation/rejection
a, Domestic arbitral award
Grounds (S.25 of RA 876)
Procedure (SC Rules)

III. Appeal

CHAPTER 8 - MISCELLANEOUS PROVISIONS

1. Office for Alternative Dispute Resolution

Power and functions

II. Cases
 Insular Savings Bank v. Far East Bank and Trust Company; GR No. 141818; June 22,
2006
LM Power Engineering Corp., v. Capitol Industrial Construction Group; GR No.141833,
March 26, 2003
Jorge Gonzales and Panel of Arbitrators v. Climax Mining Ltd., Inc., etc., GR No.
161957, January 22, 2007