Alternative Dispute Resolution
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 9 · LAIILT4N
Unit I — Introduction to ADR and Negotiation
Concept, Nature, and Scope of ADR · Types of ADR Mechanisms: Negotiation, Mediation, Conciliation, Arbitration, Lok Adalat · Evolution and Development of ADR Mechanisms in India and Globally · Comparative Advantages and Limitations of ADR · Basic Framework of Negotiation in ADR: · Meaning, Types, and Importance · Core Elements and Phases of Negotiation · International Developments: · UNCITRAL Conciliation Rules, 1980 · UNCITRAL Arbitration Rules, 1985
Unit II — Constitutional and Statutory Framework for ADR in India
Constitutional Support for ADR: · Article 39A – Equal Justice and Free Legal Aid · Article 51 and Article 253 – International Obligations and Legislative Competence · Statutory Recognition of ADR in Indian Laws: · Civil Procedure Code, 1908 – Section 89 · Hindu Marriage Act, 1955 – Section 23(2) · Indian Contract Act, 1872 – Section 28 · Companies Act, 2013 – Section 442
Unit III — Arbitration and Conciliation Act, 1996 – Part I
General Principles and Applicability · Arbitration Agreement: Validity, Scope, and Enforcement (Sections 7–9) · Composition of Arbitral Tribunal (Sections 10–15) · Jurisdiction of Arbitral Tribunal and Competence-Competence Principle (Sections 16–17)
Unit IV — Arbitration and Conciliation Act, 1996 – Part II
Conduct of Arbitral Proceedings (Sections 18–27) · Applicable Substantive Law in Arbitration (Section 28) · Arbitral Awards: · Time Limit and Termination (Sections 29A–32) · Form, Contents, and Legal Effect (Section 31) · Challenge and Setting Aside (Section 34) · Conciliation under the Act: Scope, Procedure, and Legal Standing (Sections 61–76)
Unit V — The Mediation Act, 2023
Objectives, Scope, and Key Definitions · Legal Framework for Mediation (Sections 4–7) · Appointment, Role, and Termination of Mediators · Mediation Proceedings: · Initiation and Conduct (Sections 13, 21, 24 & 25) · Confidentiality and Ethical Considerations · Enforceability and Challenge of Mediation Settlement Agreements (Sections 27 & 28) · Provisions on Online Mediation · Mediation Service Providers: Regulation and Role (Sections 40–42) · Relevance of the United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention, 2018)
Unit VI — Legal Services Authorities Act, 1987 and Lok Adalats
Objective and Legislative Background · Authorities under the Act: Structure, Composition, and Jurisdiction (Sections 3–11) · Entitlement and Eligibility for Legal Aid (Sections 12–13) · Lok Adalats: · Establishment, Powers, and Jurisdiction (Sections 19–22) · Nature and Binding Effect of Awards · Role in Promoting Access to Justice and Reducing Judicial Backlog
Unit VII — ADR Skills – Negotiation, Mediation, and Legal Communication
Essentials of communication in ADR: verbal, non-verbal, written, and active listening · Legal communication skills: clarity, framing, cultural sensitivity, managing emotions and power dynamics · Negotiation: interest-based vs. positional; strategic tools – BATNA, WATNA, ZOPA · Common pitfalls in negotiation and how to avoid them; simulation through role-plays · Mediation process: stages, techniques for trust-building, neutrality, and managing dialogue · Drafting and reviewing settlement agreements; practice via mock mediation scenarios · Role of paralegals: assisting clients, promoting community mediation and legal literacy · Ethical responsibilities: confidentiality, impartiality, and professional boundaries