National Law Institute University, Bhopal

Alternative Dispute Resolution (Clinical Course) (VII Semester)

Faculty in charge: Kavita Singh (Associate Professor)

 Introduction -:

The need for resolving disputes and insufficiency of the traditional litigative mechanism to
adjudicate disputes is obvious. The existence of mechanism preventing disputes and
protecting peace and order are the hallmark of a democratic and a civil society. Mere
establishment of hierarchy and huge infrastructure with enough man power alone cannot
solve and render justice to all. At every level, there must be a mechanism or forum to seek
information, secure good counselling and assistance to manage the problems in the form of
conflict of interests or rights. ADR focuses on evolving positive approach and attitude
towards resolving disputes. ADR not only takes care of care of international commercial
transactions, inter corporation conflicts or inter country disputes but also solves problems of
general public and the poor. ADR serves as an apt solution for social peace.

The course includes a detailed examination of the various aspects of the ADR methods as
against the adversarial legal system and develop an understanding of the operation and
implications of various ADR techniques. The course will include selected topics: various
forms of ADR including the role of the courts and the provision of court annexed ADR, and
the role and value of judicial decision making; domestic and international commercial
arbitration;; power and control in dispute resolution; mediation theory; ADR and criminal
law; dispute system design; legal rights and responsibilities flowing from ADR outcomes etc.

Arbitration as an alternative to state imposed litigation in India is governed by The

Arbitration and Conciliation Act,1996, provides viability to the process of voluntary, quick
and binding process of dispute resolution. If arbitration fails, then it is referred to conciliation
and if the conciliation fails, it comes back to arbitration. However the role of arbitration is
more is more complex due to complicated laws, intervention of judiciary etc.

Negotiation, conciliation and mediation are inexpensive, informal and autonomous methods
of ADR which are very effective. To choose one of the mechanisms, one has to understand
the social context, psychological, emotional and a host of other issues. There is a need to
elaborately discuss the strategies and requirements of negotiation and mediation. The course
will also focus on other aspects of ADR i.e Lok Adalats, legal aid, Legal Services Authority
Act,1987 and not the least -Plea Bargaining in the realm of criminal law.

 Objectives of the Course-:

The primary objectives of this course is that on completion of this course, the student should
develop the ability to -

 Understand and apply various modes of ADR like arbitration, negotiation,

conciliation and mediation.
 Develop the ability and skill to analyse a conflict situation and to select the appropriate
dispute resolution skills required.

 Understand the theoretical models of dispute resolution and analyse their application
in both legal and social contexts.
 Understand the ethical and legal issues involved in Dispute Resolution practice
 Apply problem-solving techniques, including: identification of core issues from a set of facts;
thinking laterally and innovatively in order to find effective solutions to those issues.
 Apply law in their wider social, political and theoretical context to the problems in hands .

 Teaching - Learning Modes-

Though the course is titled as ADR (Clinical) but due to COVID 19 pandemic, the course is
designed to be administered through online mode.

 Online lectures will be delivered to cover legal theory i.e. lectures will be recorded
and made available online to the students.
 Wherever possible practical insights into ADR techniques would be given through
guest lectures (through Google Meet or Zoom or any other viable platform)
dealing with some of the more complex areas of the course.
 Skill development for effective dispute resolution will be done online through
simulation exercises.
 Appropriate videos (audio –visual presentations) highlighting the ADR skills will
also be shared and streamed.
 Online streaming of live Mediation, Arbitration Proceedings (Subject to permission
from concerned Presiding/Regulating authorities).
 National Law Institute University, Bhopal
Alternative Dispute Resolution (Clinical Course) (VII Semester)
UNIT I: Meaning and Concept of ADR

1.1- Alternative Dispute Resolution- Concept and need – Importance of ADR

1.2- ADR in India - It’s development; Constitutional Background of ADR; Law Commission
222nd Report; Malimath Committee Report.

UNIT – II: Evaluating the Idea of ADR

2.1 - Types of ADR – Arbitration, Mediation, Conciliation, Negotiation, Lok Adalat, Merits
and Demerits of ADR

2.2 - Online Dispute Resolution (ODR) : Understanding the concept and challenges to ODR.

UNIT III: Arbitration – Arbitration and Conciliation Act, 1996 - Part I

3.1 – Arbitration in India – Definition (S.2(1) (a) &(b) , Institutional Mechanism for
Arbitration and Reconciliation, Subject Matter of Arbitration, Scheme of the Act, Role of
Courts in Arbitration.

3.2 - Arbitration Agreement (S.7) – Basic Features of Arbitration Agreement, Essentials of a

Valid Arbitration Agreement, Survival of Arbitration Clause – Cancellation of the Main
Agreement and its Effect on Arbitration Agreement.

3.3 Composition of Arbitration Tribunal (S.10 – S.15), Jurisdiction of Arbitration Tribunal

(S.16, S.17), Interim Measures

UNIT IV - Arbitration – Arbitration and Conciliation Act, 1996 - Part II

4.1 - Conduct of Arbitral proceeding - Time and Place of Hearing, Rules of Procedure etc.,
Applicable Law (s.18 – S.27).

4.2 Arbitral Award and Termination of Arbitral Proceedings – Applicable Law, Decision of
Tribunal, Form and Contents of Award, Termination by Tribunal, Automatic Termination
etc.(S.28 – S.33)

4.3 -Recourse Against Arbitral Awards - Setting aside, Award beyond Scope of Reference
etc.- (S.34)
4.4 - Finality and Enforcement of Arbitral Awards, Foreign Awards -UNCITRAL Rules,
New York Convention and Geneva Convention.(S.35, S.36)

4.5 - Appeals – Appeal against orders of Arbitral Tribunals, revision, Appeals etc. (S.37)

UNIT V: Conciliation (S.61 – S.81 - Arbitration and Conciliation Act, 1996 )

5.1 Conciliation in India - Meaning, Appointment of Conciliators, Powers and

duties of conciliators

5.2 – Procedure of Conciliation – Settlement

5.3 - Termination of Conciliation Proceedings.

UNIT VI - Negotiation

6.1- Negotiation – Meaning, Essentials of negotiation, Types of negotiation

6.2 – Characteristic of Negotiation Interest Based, Right Based, Power Based,

Approach to Negotiation.
6.3 – Develop New Options, Concession Strategies – Best Alternative to Negotiated
Agreements (BATNA) and Worst Alternatives to Negotiated Agreements (WATNA)
6.4 - Merits and Demerits of Negotiation

UNIT – VII - Mediation

7.1 – Mediation – Meaning and Need for Mediation, Techniques of Mediation, Essential
Characteristics of Mediation Process.

7.2 - Court Annexed Mediation in India - Appointment of Mediators, Powers and Duties of
Mediators.

7.3 - Essential Character of Mediator - Agreement to mediate

7.4– Merits and Demerits of Mediation.

UNIT VIII - Legal Aid

8.1 Legal Aid – Legal Aid under Constitution of India.

8.2 - Legal Services Authorities Act, 1987 – Composition, Powers and Functions of National
Legal Services Authority, State Legal Services Authority and District Legal Services
Authority.
UNIT IX - Lok Adalat

9.1 Lok Adalat as ADR - Jurisdiction, Award, Powers of Lok Adalat, Lok Adalat at a pre
litigation stage

9.2 Permanent Lok Adalat etc.

UNIT X - ADR in Criminal Matters

10.1 Plea Bargaining – Concept, Kinds of Plea Bargaining, Merits and Demerits of Plea
Bargaining.
 REFRENCES

Essential Bare Act -

• The Arbitration and Conciliation Act,1196

Recommended Text Books (Either of the two)–

Tripathi S.C.; Arbitration &Conciliation Act,1996 with Alternative Means of

Settlement of Disputes; ed.8, Reprinted 2019; Central Law Publications,
Allahabad.
 Sarma B.V.R.; The Arbitration and Conciliation Act,1996; Thomson Reuters; 3ed
-2020

Other References-

 Sudhir Krishnaswamy, Shishir Bail and Sindhu Sivakumar, Legal and Judicial
Reform in India: A call for systemic and empirical approaches, Journal of the
National Law University, Delhi, 2014.
 Sriram Panchu, Mediation Practice & Law - The Path to Successful Dispute
Resolution, LexisNexis Butterworths Wadhwa.
 Report No. 246, Amendments to the Arbitration and Conciliation Act, 1996, Law
Commission of India, August 2014.
 Law Commission Report No. 222- Need for Justice dispensation Through ADR Etc.
 Paul Benny, Simplified Approach to Alternate Disputes Resolution, 1st ed. 2020, Shree
Ram Law House, Chandigarh.
 Sridhar. M, Alternative Dispute Resolution – Negotiation and Mediation, Butterworth
Publication, (2006 )
 Paranjapae V.N.; Law Relating to Arbitration &/conciliation in India; Central Law
Agency; ed-2019
 Kwatra .G. K, Arbitration and Conciliation law of India, Universal publishers(2008)
 Merrils J.G, International Dispute Settlement, Cambridge University Press; 5 edition
(2011)
 Madhava Menon .N.R; Clinical Legal Education, Eastern Book Company(2006).