Clinical Course-II: Alternate Dispute Resolution Systems
Karnataka University Dharwad · LL.B. Semester 4
Unit 1 — General: methods of dispute resolution
Different methods of dispute resolution; Inquisitorial method; Adversarial method · Arbitration, conciliation, negotiation, mediation etc.; advantages and disadvantages · Need for ADRs; International commitments; Domestic needs · Suitability of ADRs to particular types of disputes · Civil Procedure Code and ADRs
Unit 2 — Arbitration
Meaning, attributes, general principles, kinds of arbitration · Qualities and qualifications of an arbitrator · Arbitration agreement and its drafting · Appointment of arbitrator; principal steps; arbitral award · Arbitration under Arbitration and Conciliation Act, 1996
Unit 3 — Conciliation
Meaning; kinds - facilitative, evaluative, court-annexed, voluntary and compulsory · Qualities, duties and role of a conciliator · Stages and procedure · Conciliation under statutes - Industrial Disputes Act, 1947; Family Courts Act, 1984; Hindu Marriage Act, 1955; Arbitration and Conciliation Act, 1996
Unit 4 — Negotiation
Meaning; styles and approaches of negotiation · Phases of negotiation; qualities of a negotiator; power to negotiate
Unit 5 — Mediation
Meaning; qualities and role of mediator · Essential characteristics of the mediation process · Different models of mediation; Code of conduct for mediators