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,