Alternative Dispute Resolution (ADR) Clinic -III

Maharashtra National Law University, Aurangabad · LL.B. Semester 8

Unit I — Introduction to Alternative Dispute Resolution (ADR)

Meaning, Nature and Genesis of Alternative Dispute Resolution, Legal Basis of ADR in India, Differences between judicial process and various ADR processes, Advantages and disadvantages of adjudication vis-à-vis ADR, Forms of ADR Mechanism.

Unit II — Legal Aid

Legal Aid -Jurisprudence of Integration of Legal Aid and ADR, Legal Services Authorities Act, 1987, Lok Adalats- Need, Organization, Jurisdiction, Powers, Permanent Lok Adalat

Unit III — Negotiation

Meaning and essentials, Theoretical Approaches to Negotiation, Types of Negotiation, Qualities of Negotiator and Process for Negotiation.

Unit IV — Mediation

Meaning, Theories and Stages of Mediation, Qualities and role of Mediator, Statutory Recognition of Mediation under Indian Law

Unit V — Arbitration

Arbitration- Meaning and Kinds, History of Arbitration in India, Arbitration vis-à-vis Litigation, Introduction to Arbitration and Conciliation Act, 1996, Arbitration Agreement, Essentials, Rule of Severability, Composition of Arbitral Tribunal, Extent of Judicial, Intervention, Interim Measures, Power of Court to refer Parties to Arbitration, Jurisdiction of Arbitral Tribunal, Competence of Arbitral Tribunal

Unit VI — Arbitration Proceeding and Award

Conduct of Arbitral Proceedings, Place of Arbitration, Making of Arbitral Award and its validity, Grounds to set aside arbitral awards, Finality and Enforcement of Arbitral Awards

Unit VII — Conciliation

Meaning and features, Conciliation Proceedings under the Arbitration and Conciliation Act 1996

Unit VIII — Foreign Awards

Validity of Awards, Enforcement of Foreign Arbitral Awards- New York Convention Awards, Geneva Convention awards, UNCITRAL Model Law on International Commercial Arbitration,