Alternative Dispute Resolution
Hidayatullah National Law University · LL.B. Semester 6 · LLB-C-603
Unit I — INTRODUCTION TO ADR
Foundations of Dispute Resolution: Concept and nature of disputes; sources of conflict; formal and informal justice systems; adjudicative vs. non-adjudicative mechanisms; inquisitorial and adversarial models; the idea of Third Party, Fourth Party and Fifth Party in Dispute Resolution; evolution of dispute resolution in India. · Concept, Philosophy, and Evolution of ADR: Historical development of ADR in India and globally; aims, values, and principles underlying ADR; advantages and limitations of ADR; political, cultural, and socio-legal contexts shaping ADR reforms; increasing institutionalization of ADR mechanisms. · Forms, Classification, and Emerging Trends: Types of ADR: negotiation, mediation, conciliation, arbitration, Lok Adalats, Permanent Lok Adalats; sector specific ADR (consumer, commercial, labour, family); court-referred and private ADR; ad-hoc and institutional ADR; introduction to Online Dispute Resolution (ODR); role of pre-litigation processes under contemporary statutes.
Unit II — NEGOTIATION
Foundations and Stages of Negotiation: Nature and characteristics of negotiation; types of negotiation contexts; stages of negotiation- preparation and planning, information exchange, bargaining, problem-solving, closing, and implementation: Role of communication, persuasion, and interests vs. positions. · Negotiation Approaches and Strategies: Distributive and integrative negotiation; soft, hard, and principled negotiation; problem-solving approach; significance of trust, rapport, and power dynamics; barriers to effective negotiation and methods of overcoming them. · Tools, Techniques, and Evaluation: Core negotiation tools: BATNA, WATNA, MLATNA, ZOPA, reservation point, anchoring, concessions, and objective criteria; psychological and behavioral dimensions of negotiation; ethics in negotiation; drafting negotiation summaries and assessing outcomes.
Unit III — CONCILIATION AND MEDIATION IN INDIA
Introduction and Conceptual Framework: Definitions, nature, and scope of mediation and conciliation; historical development; statutory and judicial recognition; mediation agreements and mandatory/optional references to mediation under various sectoral legislations (family law, consumer law, labour law, commercial courts, companies law). Distinctions and similarities between mediation and conciliation. · Principles and Ethics of Mediation and Conciliation: Core principles: independence and impartiality, voluntariness, neutrality, confidentiality, fairness, good faith, and self-determination. Ethical duties of mediators and conciliators; standards of conduct under institutional rules and the Mediation Act, 2023. · Process and Conduct of Mediation and Conciliation: Stages of the process: initiation and appointment; preparation; opening session; communication and information gathering; issue-framing; negotiation, caucusing, and problem solving; drafting of settlement agreements; Role, responsibilities, and limits of mediators/conciliators; party autonomy; lawyer’s role in mediation; admissibility of statements and confidentiality safeguards. · Settlement, Enforceability, and Judicial Interface: Validity and enforceability of settlement agreements; legal effect of mediated settlements under the Mediation Act, 2023; conciliation settlements under the Arbitration and Conciliation Act, 1996; scope of court intervention; setting aside, challenge, and enforcement issues. · Institutions, Models, and Emerging Trends: Court-annexed mediation; private mediation services; community mediation; pre-litigation mediation; commercial mediation; Online Mediation and ODR platforms; standards and accreditation of mediators; international developments including Singapore Convention on Mediation, Role of AI in mediation.
Unit IV — ARBITRATION LAW AND PRACTICE IN INDIA
Foundations of Arbitration in India: History and evolution of arbitration; philosophy and objectives of arbitration; types of arbitration- domestic, international commercial, institutional, ad-hoc; seat vs. venue; party autonomy and minimal judicial intervention; applicability and structure of the Arbitration and Conciliation Act, 1996 (as amended). · Arbitration Agreement and Arbitrability: · Arbitral Tribunal: Composition, Powers, and Jurisdiction: Appointment, challenge, and termination of arbitrators; standards of impartiality and independence; Fifth, Sixth, and Seventh Schedules; Kompetenz-Kompetenz principle; powers of the tribunal including interim measures under Section 17; emergency arbitration and the enforceability of emergency awards; tribunal issued procedural orders. · Arbitral Proceedings: Procedure, Evidence, and Fairness: Commencement of arbitration; pleadings- statement of claim and defence; amendment and counterclaims; procedural flexibility and party autonomy; application of principles of natural justice; disclosure and discovery; role of experts; evidence taking; hearings and written submissions; timelines and fast-track procedures (Section 29A and 29B). · Arbitral Awards and Post-Award Proceedings: Form, content, and types of arbitral awards; doctrines guiding decision-making; correction, interpretation, and additional awards; challenge to awards under Section 34- grounds, scope, and limits; public policy doctrine (narrow vs. expansive interpretations); execution and enforcement of awards; limitation issues; impact of recent Supreme Court jurisprudence. · Recognition and Enforcement of Foreign Arbitral Awards: Framework under the New York Convention and Geneva Convention; provisions of Part II of the Arbitration and Conciliation Act, 1996; conditions for enforcement; grounds for refusal; public policy defence; recent trends in cross-border dispute resolution; role of Indian courts in international commercial arbitration.
Unit V — LEGAL SERVICES AUTHORITIES AND LOK ADALATS
Legal Services Authorities: Structure, Powers, and Functions: Evolution of legal aid in India; constitutional basis for access to justice; establishment, composition, powers, and functions of NALSA, Supreme Court Legal Services Committee, State Legal Services Authorities, High Court Legal Services Committees, District Authorities, and Taluk Legal Services Committees; role of legal services institutions in promoting ADR and access to justice. · Eligibility and Entitlement to Legal Services: Categories of persons entitled to free legal services; role of legal aid lawyers; legal literacy and outreach programmes; statutory duties of authorities in facilitating mediation, conciliation, and Lok Adalats; monitoring and evaluation of legal aid delivery. · Lok Adalats: Concept, Structure, and Jurisdiction: Nature and objectives of Lok Adalats; organisation and types of Lok Adalats (National, Mega, Continuous, Mobile); cognizance and scope of jurisdiction; procedures followed; legal status of awards; settlement mechanisms; benefits and limitations of Lok Adalat-based dispute resolution. · Permanent Lok Adalats and Pre-Litigation Conciliation: Establishment and jurisdiction of Permanent Lok Adalats (PLAs) under Chapter VIA; distinction between Lok Adalats and PLAs; procedure for pre-litigation conciliation; powers of PLAs to adjudicate in the absence of settlement; nature, enforceability, and finality of PLA awards; limitations under Section 22C & 22D; emerging role of PLAs in public utility services.