Alternative Dispute Resolution Systems (Practical Paper – III)
University of Kerala · LL.B. Semester 5 · Paper V
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 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
Unit VI
Provisions of Legal Services Authorities Act, 1987- Lok-Adalat practice in kerala