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PARADIGM
SHIFT

JUDGE EVELYN J. GAMOTIN-NERY

Presiding Judge
RTC Branch 19
Cagayan de Oro City
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What is a PARADIGM?
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A perception of reality;
our view of the world based on
teachings we have received.
A
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Our
paradigms are
the driving
forces behind
every decision
we make.
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HEARS
TRADITIONAL
ROLE OF A Receives &
Evaluates
JUDGE: evidence

DECIDES
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JUDGMENT RESULTS TO:

Right vs. Wrong

Winner vs. Loser

Appeal
Certiorari
Execution
+ Requires a change of mind set
Accepting a new role (mediator)
J D R: in addition to traditional role
(trial judge)
Expanding the judges sphere of
of influence
A going & thinking out of the box
PARADIGM Having an open mind to new
SHIFT things.
Puttingon a new face in dealing
with conflict.
De-robing
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Activity 2 DOTS CHALLENGE

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. . .
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Activity 2

. . .
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. . .
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. . .
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JDR JUDGE: NEW ROLES

MEDIATOR

CONCILIATOR

NEUTRAL
EVALUATOR
+ Listening vs.
Hearing
Interests vs
DIFFERENT
FOCUS Rights
Facilitative vs.
Evaluative
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ACTIVITY 3: LE RAT
There is a mouse in the library . She is
very hungry.
On the second shelf, there is a beautiful
4 volume edition of How Good Filipino
Judges Are At JDR Each volume is 4 cms.
thick plus 1 cm. cover on each side.
How many cms. will the mouse eat if she
eats from the first page of Volume 1 to the
last page of Volume 4?
+ LITIGATION VS MEDIATION
(Trial) ( JDR )

Rights/Positions
Interest Based
Based
Adversarial &
Competitive Collaborative

Formal Informal

Truth Finding Problem Solving

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TRIAL vs JDR
Documented Confidential

Third Party Judge Parties themselves

Process Imposition Facilitation

Past Future

Judgment Agreement

Appeal Hierarchy One-Time Solution

of Courts
+ TRIAL VS JDR
CAUSES/SOURCES OF
CAUSES OF LEGAL CONFLICT THATNEED
ACTION THAT LEAD TO BE ADDRESSED
TO TRIAL: DURING JDR:
R RIGHTS RE - RELATIONSHIP
O - OBLIGATIONS V - VALUES
V - VIOLATION I - INTERESTS

I - INJURY D - DATA

D - DAMAGE S - STRUCTURES
+ & NEW ROLES (Evaluative & Facilitative
OLD

Trial plus JDR

Old process plus new process
Old skills plus new skills

Traditional language plus new language

Requires a judge to embrace a new mind set, a

new behavior, a new way of resolving conflict.

Success depends to a great extent upon the JDR

Judge
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There can be no settlement
of a great cause without
discussion, and people will
not discuss a cause until their
attention is drawn to it.
William Jennings Bryan
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MARAMING
SALAMAT

evelyn g nery
8october2015