Alternative Dispute Resolution
Pondicherry University · LL.B. Semester 3
Unit 1 — Introduction – Understanding Conflict and Disputes
Modes of Dispute Resolution, need for ADR & the importance of Mediation- Forums for resolution of disputes · Courts, Tribunals and LokAdalat · Crisis of delay in justice delivery system vis –a · vis huge pendency of cases · Reasons for pendency · Attitude of the State as Sovereign power -Policy initiatives and implementation · Mediation and Restorative Justice: Theory of restorative justice and its application, Gandhian principles of non-violent conflict resolution, traditional mediation practices in India and abroad
Unit 2 — Litigation policy of the State
State as a major litigant · Compulsive litigant vs. Responsible and efficient litigant · State as a model litigant · Prevention and control of avoidable litigations by the State · Object of pre · suit notice under Section 80 of C.P.C, 1908 · Review of its performance and scope for its retention · Control and management of litigation · Limitation and delays in preferring appeals by the State · National Litigation Policy, 2010 · Salient features of the Policy · Litigation management through ADR · Re-introduction of Section 89 of C.P.C. 1908 · Scope and object · Alternate modes of resolution · Arbitration, Mediation, Conciliation and LokAdalat · Difference between various modes
Unit 3 — Overview of arbitration
Types of arbitration · Institutional and ad hoc arbitration · Advantages and disadvantages of Institutional and ad hoc arbitrations · Scenario of arbitral practice in India since 1940, Arbitration and Conciliation Act, 1996 · Object and scope of the Act · Characteristics and scope of domestic and international commercial arbitration · Requisites of valid arbitration agreement · Appointment of arbitrators · Revocation of mandate of arbitrators
Unit 4 — Grounds and challenge procedure
Jurisdiction of arbitral tribunal · Conduct of arbitral proceedings · Procedure and laws applicable to arbitral proceedings · Arbitration awards -Recourse against arbitration awards · Finality and enforcement of awards, Foreign awards · Enforcement · New York Convention Awards and Geneva Convention Awards
Unit 5 — Conciliation
Appointment and removal of conciliators · Powers and functions · Procedure · Settlement · Enforcement
Unit 6 — Mediation Laws in India
Judicial interpretation and relevant case law, dispute resolution institutions in India Important Developments in Mediation: Growth of virtual dispute resolution, Pre-Institution Mediation, UNCITRAL Model Law, Singapore Convention
Unit 7 — Key Concepts in Mediation
Essential elements, process and stages, approaches to Mediation, role of the mediator · Importance of Communication: Elements of verbal and non-verbal communication, effective and ineffective communication techniques · Qualities and Skills of Mediators: Developing mediation skills, code of ethics, confidentiality requirements
Unit 8 — Conducting Effective Mediation
Decision-making techniques, problem-solving tactics, ensuring positive outcomes and Status of Mediated Agreements: Drafting of agreements, sanctity of mediated agreements, enforcement laws and procedures
Unit 9 — LokAdalat
Working of LokAdalt before and after the Legal Services Authorities Act, 1987 · Settlement of litigations –prior to institution of suits · Settlement of disputes involving the state and its agencies through LokAdalat- Theory and practice