Alternative Dispute Resolution
Maharshi Dayanand Saraswati University · LL.B. Semester 4 · LL.B/405
Unit I
A. Concept of Alternate Dispute Resolution, Meaning and Characteristics of Alternate Dispute Resolution · B. Legislative recognition of Alternate Dispute Resolution · C. Advantages and Limitations of Alternate Dispute Resolution · D. Negotiation: Meaning and Scope · E. Mediation: Meaning, Basic rules of Mediation, Selecting Mediator, Restrictions of Mediator · F. Conciliation: Meaning, Scope and Difference between Mediation and Conciliation · G. Arbitration: Meaning, Scope, Types, International Arbitration · H. Distinction between Arbitration and Conciliation
Unit II
A. The Arbitration and Conciliation Act, 1996 —Historical Background and Objectives of the Act · B. Domestic Arbitration: Definitions of Arbitration, Arbitrator, Arbitration Agreement · C. Composition of Arbitral Tribunal; Competence of Arbitral Tribunal, Jurisdiction of Arbitral Tribunal · D. Conduct of Arbitral Proceedings · E. Making of Arbitral Award and Termination of Proceedings; Setting aside of Arbitral Award; Finality and Enforcement of Award; Appeals
Unit III
A. Conciliation: Appointment of Conciliators; Procedure of Conciliation; · Settlement of disputes through Conciliation; Termination of Conciliation Proceedings · B. Negotiation: Meaning and theories, Problem solving approach, competitive theory, Structure, strategy, style and skills of negotiation, Types, Appointment, Role and qualities of the negotiator, Process of Negotiation, International negotiation · C. Mediation- Meaning, Features, Theories, Role of Mediation, Models of Mediation, rights based, interest based, facilitative, evaluative, settlement oriented, transformative etc., Role of mediator and the party‘s attorney, Good offices, skills of client interviewing/legal counseling, Stages of mediation, Mediation agreement, Civil and commercial mediation
Unit IV
A. The Legal Services Authority Act, 1987: Historical Developments and Objectives · B. Legal Service Authorities: National, State, District and Taluka Level: · Composition, Functions etc. · C. Role of Committees in implementation of Legal Aid Schemes, Lok Adalats
Unit V
A. Other Alternative Dispute Resolution Systems: Online Dispute Resolution, Gram Nyayalayas, Role of Grama Sabhas, Lokpal, Lakayukta, Ombudsman · B. Family Courts; Section 89 and Order X, Rules 1A, 1B and 1C of The Civil Procedure Code, · C. Enforcement of Certain Foreign Awards · D. International Commercial Arbitration, New York Convention ; Geneva Protocol