The term Alternative Dispute Resolution Systems (ADR) refers to any procedure agreed upon by the parties of a dispute, in which they engage the services of a neutral party to assist them in reaching a mutually acceptable agreement, thereby avoiding litigation.
This approach, covered comprehensively in the Clinical Course-II syllabus for the 4th Semester LL.B (3-Year Program), equips students with the skills and knowledge to effectively navigate and facilitate such resolutions.
Clinical Course-II: Objectives
Today alternative dispute resolution systems have become more relevant than before both at local, national, and international levels. Certain of the disputes, by nature are fit to be resolved through specific methods of resolution. Each of these dispute resolution systems involves a different style of planning and execution.
The skills involved are also different as well as preparation. This course trains the students in ADRs. The course teacher shall administer simulation exercises for each of the methods.
UNIT-I General
Different methods of dispute resolution; Inquisitorial method; Adversarial method; Other methods- both formal and informal- like Arbitration, Conciliation, Negotiation, Mediation, etc.; Advantages and disadvantages of above methods; Need for ADRs; International commitments; Domestic needs; Suitability of ADRs to particular types of disputes; Civil Procedure Code and ADRs
UNIT-II Arbitration
Meaning of arbitration; Attributes of arbitration; General principles of arbitration; Different kinds of arbitration; Qualities and qualifications of an arbitrator; Arbitration agreement and its drafting; Appointment of the arbitrator; Principal steps in arbitration; Arbitral award; Arbitration under Arbitration and Conciliation Act, 1996.
UNIT-III Conciliation
Meaning; Different kinds of conciliation- facilitative, evaluative, court-annexed, voluntary, and compulsory; Qualities of a conciliator; Duties of a conciliator; Role of a conciliator; Stages of conciliation; Procedure; Conciliation under statutes- Industrial Disputes Act, 1947; Family Courts Act, 1984; Hindu Marriage Act, 1955; Arbitration and Conciliation Act, 1996.
UNIT-IV Negotiation
Meaning; Different styles of negotiation; Different approaches to negotiation; Phases of negotiation; Qualities of a negotiator; Power to negotiate.
UNIT-V Mediation
Meaning; Qualities of mediator; Role of mediator; Essential characteristics of the mediation process — voluntary, collaborative, controlled, confidential, informal, impartial & neutral, self-responsible; Different models of mediation; Code of conduct for mediators.
Prescribed Books
- Madabhushi, Sridhar, Alternative Dispute Resolution, (New Delhi: Lexis Nexis, 2006)
- Rajan R.D., A Primer on Alternative Dispute Resolution, (New Delhi: Jain Book Agency, 2005)
Reference Books:
- Sampath D.K., Mediation concept and technique in support of Resolution of Disputes, (National Law School of India University, 1991)
- Gold Neil, et.al., Learning Lawyers Skills, (London: Butterworths in conjunction with the Commonwealth Legal Education Association, 1989) (Chapter-7).
- Michael Noone, Mediation, (Cavendish Pub., 1996) (Chapters-1, 2&3).
Note: Mode of Assessment: The scheme of evaluation for Clinical Course-II: Alternative
Dispute Resolution Systems shall be as under:
- Two Written Tests shall be conducted for 30 marks each.
- The questions in the test papers should be spread over the whole syllabus.
- I. test shall be at the end of 9 weeks of the semester and the II test shall be by the
end of the semester.
There shall be four simulation exercises conducted for 10 marks each (one
exercise each in negotiation, mediation, arbitration, and conciliation).
