Introduction to Alternative Dispute Resolution

Exam preparation — not issued or endorsed by the University of Mumbai.

Post Graduate Diploma in Alternative Dispute Resolution (ADR) · Paper I · 100 marks.

Module 1 — Introduction:

  • 1.1 Evolution of mediation/conciliation as a mode of settlement of disputes, distinction between arbitration, mediation, conciliation, negotiation.
  • 1.2 Nature, Scope, Limitations and necessity of alternative models of disputes resolution

Module 2 — Negotiation

  • 2.1 Theory of negotiation, Approaches to Negotiation
  • 2.2 Positional bargaining, Interest-based bargaining or principled negotiation
  • 2.3 Preparation for Negotiation
  • 2.4 Collaborative Communication skills, Negotiating skills, Negotiation exercises

Module 3 — Mediation and Conciliation

  • 3.1 Theory of mediation, Role of the mediator
  • 3.2 Drafting Mediation and Conciliation clauses and agreements
  • 3.3 Initiating mediation (court annexed and private), Preparation for Mediation /Conciliation
  • 3.4 The Mediation/Conciliation process
  • 3.5 Confidentiality and neutrality
  • 3.6 How to write Award
  • 3.7 Ethical issues in Mediation /Conciliation
  • 3.8 Mediation in India, institutions, their role

Module 4 — Arbitration

  • 4.1 Theory of arbitration, the arbitration process
  • 4.2 Federal and provincial legislation
  • 4.3 Drafting Arbitration clauses and agreements
  • 4.4 Preparation for Arbitration, Conducting an Arbitration, Seat, location, Examinations and its various aspects, Evidence
  • 4.5 Writing Arbitration Award
  • 4.6 Foreign awards
  • 4.7 Ethical issues in Arbitration
  • 4.8 Conducting a Mock Arbitration

Module 5 — Communication & Role of the Paralegal

  • 5.1 Verbal communication, Non verbal communication
  • 5.2 Role of the Paralegal