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LPS 123: ALTERNATIVE DISPUTE RESOLUTION

updated version 2016

USC MISSION VISION & DEPARTMENT AIMS

USC Vision Statement

The University of San Carlos sees:

A WORLD where the darkness of sin and the night of unbelief vanish before the light of the Word and
the Spirit of grace.


A SOCIETY where citizens are competent, noble in character, and community-oriented:


- What they know, they apply justly and honestly.

- What they do not know, they seek to learn.

- What they do not have, they endeavor to acquire.

- What they have, they share.



USC Mission Statement
The University of San Carlos is a Catholic institution of learning that embodies the principles of
academic discipline of San Carlos Borromeo and the missionary charism of the Society of the Divine
Word (SVD).



We aim to develop competent and socially responsible professionals and lifelong learners in an
environment that fosters excellence in the academic core processes of teaching-learning, research,
and community extension service.



Our mission is to provide timely, relevant, and transformable academic programs responsive to the
needs of the local, national, and global communities in a rapidly changing world.

Department Aims

The Department of Political Science endeavors to:

1. Help strengthen and actualize Christian values in order to shape a socially aware and
responsive citizenry and, particularly, morally responsible leaders of the community and country;

2. Provide a solid theoretical foundation about the political system through quality programs in
order to produce graduates who will be intellectually competent in the service of their community and
country;

3. Enrich the general literature of government and politics through research studies in order to aid
the community and country in its political direction;

4. Establish and maintain the networking and collaboration with the Government, non-government
organizations and civil society groups, both locally and nationally, and to enhance its fund-sourcing
capability;

5. Help sustain the development of the faculty and staff; and

6. Deliver efficiently and effectively adequate services to the students through a highly motivated
faculty and staff and improved physical facilities.
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PROGRAM OVERVIEW

POLITICAL SCIENCE INSTITUTIONAL GRADUATE OUTCOME (IGO)

“A Carolinian POSC Graduate is an evidence-based lifelong learner steering governance.”

PROGRAM EDUCATIONAL OUTCOMES (PEOs) AND PROGRAM OUTCOMES (POs)

Fr. President’s PEOs POs POs POs POs

Carolinian Virtus (CMO # 31 International Relations Law and Policy Public Management Political Theory
& CMO # 46 Series of 2011) and Foreign Service (IRFS Studies and Development and Systems
Competencies Track) (LPS Track) (PMD Track) (PTS Track)

PO1: Demonstrating
the ability to use
PO1: Demonstrating PO1: techniques and P O 1 :
scholarly understanding of
✓ P E O 1 : Reading law approaches in project Demonstrating
the origins, evolution and
SCIENTIA Exemplifies critically as an development and thorough knowledge
c o n t e m p o r a r y
(Academic systematic instrument for management. of political ideas
developments in
Competencies) knowledge and policy development. that shaped political
international/global politics
skills in political PO2: systems.
and their local implications.
A Competent science PO2: Applying mainstream
Professional… A p p l y i n g as well as emerging PO2:
PO2:
✓ PEO2: Contributes appropriate legal technologies in aiding A p p l y i n g
Applying appropriate
to political principles in decision-making appropriate political
political inquiry frameworks
discourse through hypothetical or activities of both theories in
to global-local issues for
relevant research actual cases and government and non- appraising political
reasoned decision-making. controversies. g o v e r n m e n t phenomena.
organizations.

PO3:
Appraising local
political situations
through appropriate
analytical frames.

PO4:
PO3:
(General Cognitive Explaining the
Pursuing professional
Ability) contributions of
development through decentralized
further studies or leadership
(Action governance in
practice in public or private
Competence) development.
sector.
PO5: Contributing
a l t e r n a t i v e
perspectives and
approaches in
addressing local
challenges.

PO3:
Committing to
PO4: uphold human PO6:
VIRTUS Adhering to protocol, dignity. Imbibing inclusive PO3:
(Academic Virtues) professional and ethical participation. E x h i b i t i n g
standards. leadership in a
A Virtuous multicultural
Exemplar… c o m m u n i t y,
✓ PEO3: Practices advocating dialogue
ethical and PO4: and understanding.
collaborative Imbibing personal
engagements PO5: and professional PO7: PO4:
(Key Imbibing non-discriminatory integrity. Adhering to Adhering to the
Competencies, and pluralist principles in a c c o u n t a b i l i t y, primacy of general
Meta- interpersonal and public PO5: responsibility, and welfare.
competencies) relations. Valuing alternative transparency.
d i s p u t e
mechanisms.
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Fr. President’s PEOs POs POs POs POs

Carolinian Virtus (CMO # 31 International Relations Law and Policy Public Management Political Theory
& CMO # 46 Series of 2011) and Foreign Service (IRFS Studies and Development and Systems
Competencies Track) (LPS Track) (PMD Track) (PTS Track)

DEVOTIO ✓ PEO4: Engages PO6: PO6: PO8:

(Academic Mission) in the Advocating respect for Pursuing social Facilitating project
transformation of diversity. legislation as an development in
A Dedicated communities, advocacy. communities,
Missionary… organizations, and PO7: organizations, and
institutions Upholding non-violent institutions through
*A responsible means in dealing with PO7: participatory PO5:
citizen… pressure, risk, conflict, Mainstreaming processes. Advocating reforms
crisis and/or change. alternative dispute for just systems.
mechanisms. PO9:
(Competence- Pursuing resource
performance Model, PO8: mobilization initiatives
Modified Advising relevant in accordance with
Competence- and responsive legal and ethical
Performance policies. standards.
Model)

COURSE OVERVIEW

Course No. LPS 123

Course Title ALTERNATIVE DISPUTE RESOLUTION
Course Prerequisite PoSc 11
Course Credit 3 Units
Course Description Alternative Dispute Resolution - “the wave of the future”

This course will introduce the students to another area in legal practice that deals
with various non-judicial methods of resolving legal disputes. It includes both
concepts of domestic and international alternative dispute resolution. Through this
course, the students will be kept abreast and updated with the significant
developments, new ideas and jurisprudence rendered by the Supreme Court in the
proper application, interpretation of concepts relating Alternative Dispute
Resolution.

COURSE INTENDED LEARNING OUTCOMES

COURSE INTENDED LEARNING OUTCOMES
Upon completion of this course students should be able to do the PO1 PO2 PO3 PO4
following:
CO1:Students will be able to trace back the history of Alternative
Dispute Resolution, what came about and what are the different actions
made by the Government (Executive, Legislative and Judiciary) to
address the issue.
CO2: Students will be immersed with the procedures of various
government agencies who have incorporated ADR means and methods as
a mandatory pre-requisite in their quasi-judicial dispute resolution
process.
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CO3: Students will be able to appreciate the different alternative

dipute resolution and will be aware how these methods used in the
Philippines.
CO4: Students as future practitioners will be advocates of ADR.

COURSE POLICIES
1. Students must be present at all times, excused absences require an excuse letter with valid reason.
2. Everyone should avoid unnecessary noise during lectures as well as during examinations. RESPECT is
a fundamental virtue.
3. Everyone is expected to participate in the discussions in cordial but lively manner.
4. Absences that exceed 20% of the total number of class hours shall be dropped from the class list.
(Sec. 4.2, USC Student Handbook, 2006):
5. Inquiries regarding the topics discussed and the projects are to be addressed to the instructor.
6. Special examination(s) shall only be granted to students whose reasons fall under the policies of the
University (i.e. illness with medical certificate as proof; accident; or death of immediate member of the
family).

ASSESSMENT PARAMETERS
1. Periodic Examinations (Pre Midterms, Mid Terms, Pre Finals and Final Exams)
2. Actual Simulation and Video Presentation
3. Activities and Assignments

GRADING SYSTEM

Midterm Grade: 50% of the Final Grade ( 20% CS + 40% PME + 40% ME )

Tentative Final Grade : 50% of the Final Grade ( 20% CS + 40% PFE + 40% FE )

Passing Mark: 60%

COURSE OUTLINE (with learning outcomes, teaching-learning activities, and assessment tasks)
COURSE TOPICS TEACHING- ASSESSMENT
OUTCOME LEARNING TOOLS
ACTIVITIES
Course overview and introduction Discussion/open
PRE forum
MID PART 1: INTRODUCTION Reading
Assignments Group Activity
TER • Definition of Terms
• Conflict Resolution Open-Forum
M • Conflict Management Style
• How to deal difficult people and
situations
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PART II: ALTERNATIVE R e a d i n g Research on the

DISPUTE RESOLUTION : “The Assignments d i f f e r e n t
need for it” problems of the
Ph i l i p p i n e
Class Discussion Judiciary
• Definition of Terms on the present
• Overview of Philippine Judicial state of the Issue Spotting
System Philippine Judicial G r o u p w o r k
• The Advantages and System (Incorporating the
Disadvantages of Philippines reading materials,
research output
Judicial System
to possible
• The Current Problems of our s o l u t i o n s
Judicial System vis a vis addressing
resolving disputes problems in
judiciary)
PART III: ALTERNATIVE DISPUTE
MID RESOLUTION: “How it is used in Reading Quizzes
TER settling conflict in the Assignments
Philippines”
M Class Discussion
Case Study as
how the different
• Government’s efforts towards with an assigned barangay in Cebu
ADR (Executive, Legislative, student as city resolve
and Judiciary’s Response) “Teacher of the conflict
Day”
• Impact Of The Barangay
Justice System On
Decongesting Court Dockets
And Broadening Access To
Justice: Looking Back And
Forward by Alfredo Tadiar

• Court-Annexed Mediation:
Summing Up The Past And
Charting The Future

by Carolyn A. Mercado And
Damcelle S. Torres

• The Lawyer’s Perspective On

ADR In The Courts And Its
Implication On The Profession

by Imelda Gidor

• Judicial Dispute Jesolution

(JDR) As An Innovative Mode
Of Dispute Resolution

Atty. Salvador S. Panga, Jr.
PART IV: FUNDAMENTALS OF Class Lecture Quizzes
PRE ALTERNATIVE DISPUTE
FINA RESOLUTION Reading
Assignments
L • History of Alternative Dispute
Actual Mediation
Simulation
Resolution Film Showing
• Definition : Negotiation,
Legal Opinion
Mediation, and Arbitration Role - Playing
• Advantages and
Disadvantages of the different Immersion to
different various
methods
a g e n c i e s
• Sources of ADR Rules incorporating ADR
• Other forms of ADR mechanisms
• Special Rules of Court on ADR
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PART V: ARBITRATION in Oral recitations

FINA ACTION Class Lecture Drafting contracts,
LS • Arbitration in General Reading
agreements
incorporating
• Domestic Arbitration Assignments Arbitration or
Mediation Clause
• International Commercial
Arbitration Supreme Court Moot Court
• Construction Dispute Arbitration Cases Competition

Course Recapitulations Summary Matrix

BIBLIOGRAPHY
A SOURCEBOOK ON ALTERNATIVES TO FORMAL DISPUTE RESOLUTION MECHANISMS (A
Publication of the Justice Reform Initiatives Support Project)

Alternative Dispute Resolution by Justice Gabriel T. Robeniol

COURSE INSTRUCTOR CONTACT DETAILS

Atty. Ana Flouressa Yap Cabanilla
flouressa@icloud.com
Political Science Department Telephone No. 253-1000 loc. 158

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