ALTERNATIVE DISPUTE RESOLUTION

SYLLABUS
UNIT I JUDICIAL DISPUTE RESOLUTION AND ADR

Meaning, characteristics operating principles, merits and demerits of Judicial Dispute Resolution, ADR Meaning, Historical Background, Need, procedure or Techniques, merits and demerits of ADR, Distinction between Arbitration, Conciliation, and Negotiation, Distinction between judicial settlement and A.D.R. UNIT-II NEGOTIATION AND MEDIATION Meaning of Negotiation, Essentials of a good negotiation, phases of Negotiation, styles and Approaches to Negotiation, Mediation as a form of ADR meaning, its advantages, Essential characteristics of mediation process, stages of Mediation, court annexed Mediation, differences with Conciliation, Salem Advocate Bar Association Case, and adoption of CPC Mediation Rules, 2003.

UNIT-III ARBITRATION AND CONCILIATION Arbitration - meaning, some common forms of Arbitration prevalent in India, merits and demerits of Arbitration Conciliation meaning and differences with Mediation, Conciliation in various statutes, differences with Arbitration, Conciliation proceedings.

UNIT-IV A.D.R. UNDER DIFFERENT LAWS AND STATE AUTHORITIES OF ADR CPC and ADR Section 89 of CPC and other relevant provisions. Cr. P.C. and ADR - Speedy disposal of Criminal cases relevant provisions of Cr. P.C., Compounding of Offences, Concept of Plea Bargaining. Provisions pertaining to ADR in other Indian statutes Section 28 of Indian Contract Act, 1872; Family Courts Act, 1984; Section 23 of Hindu Marriage Act, 1955; Section 10A and 12 of Industrial Disputes Act, 1947. Concept of Legal Aid - its meaning, need, historical background, Constitutional provisions suggestive of Legal Aid, provisions under Cr.P.C. and C.P.C. pertaining to Legal Aid, Concept of Legal Services under the Legal Services Authorities Act, 1987, Modes of Legal Services, whom to approach, rejection of legal services, its withdrawal in certain cases etc. Legal Services Authorities in India and their functioning. Concept of Lok Adalat & Permanent Lok Adalat composition, jurisdiction, cognizance etc., their role in reducing the burden of the courts.

UNIT V ARBITRATION AND CONCILIATION ACT 1996 Definitions , Arbitration Agreement Power of Court to refer parties to Arbitration, Interim Measures by Court, Composition of Arbitral Tribunal, Number of Arbitrators, Appointment of Arbitrator, Grounds for challenge, Challenge procedures, Jurisdiction of Arbitral Tribunal - Interim measures by Tribunal, Conduct of Arbitral proceedings, Making of Arbitral Award and Termination of proceedings, Recourse against Arbitral Award, Foreign Awards Geneva Convention Award & Newyork Convention Award their enforcement, Conciliation provisions Study of all these provisions by comparing these with the provisions available in UNCITRAL Model Law on International Commercial Arbitration & The Arbitration Act, 1940 (Repealed Act)

VITH SEMESTER PROJECT TOPICS (A.D.R.)

401 402 403 404 405 406 408 409 410 411 412 414 416 417 418 419 420 421 422 423 425 426 428 429 430 431 432 433 434 435 437 438 439 440 442 443 444 445 447 448 449
Intervention of Courts in Arbitration ADR in Indian Statutes Arbitration as a form of ADR Alternative Dispute Resolution in India Online Dispute Resolution in India International Commercial Arbitration Negotiation as a form of ADR ADR Institutions in India The Legal Services Authority Act, 1987 : A Study Arbitral Tribunal- A Critical Study ADR and its implementation in India : A Critical Analysis Appointment of Arbitrator Concilliation proceedings under Arbitration and Concilliation Act, 1996 Foreign Award and its enforcement Legal Aid - A Critical Study CPC and Promotion of ADR Termination of mandate of Arbitrator Interim measures by Arbitral Tribunal Challenge to the appointment of Arbitrator Domestic Arbitration Legal Aid as a Constitutional mandate Arbitral Institutions in India Salem Advocate Bar Association Cases Lok Adalat as a unique ADR measure in India UNCITRAL Model Law on International Commercial Arbitration Various forms of ADR ADR in Industrial Disputes UNCITRAL Model Rules on International Commercial Conciliation UNCITRAL Model Law and Indian Arbitration Law Extent of Judicial Intervention in Arbitration ADR in Family Disputes Termination of mandate of Arbitrator Institutional Arbitration Delay in disposal of Civil litigation Concilliation Procedures Criminal Cases and ADR Permanent Lok Adalat Arbitration Procedures Need for Alternative Dispute Resolution Interim measures by Court Lok Adalat : Constitution and Jurisdiction

450 451 452 454 455 456 457 458 459 460 461 462 465 466 467 468 469 470 471 472 473 474 475 479 480 481 4316 4338 4369 4373 4376

Statutory Concilliation Legal Aid as a Human Right Legal Aid under Criminal Justice System Enforcement of Arbitration Award Concilliation as a form of ADR Section 89 of CPC and ADR Arbitration Agreements Negotiation and Role of Advocates ADR : Its importance in current Indian Scenario Newyork Convention and enforcement of Foreign Award Concilliation versus Mediation Power of Court to refer Parties for Arbitration comparative study between different forms of A.D.R. Concilliation Machinery under Industrial Disputes Act, 1947 Appointment of Arbitrator and Role of Chief Justice of India Functioning of Lok Adalats ADR and Its advantages Alternative Dispute Resolution and Plea Bargaining national litigation policy - a critival study Court annexed Arbitration and Mediation Arbitral Institiutions across the world and their functionings: An Analysis Client Interviewing Arbitration and Principle of Natural Justice Village Panchayat as an Alternative Dispute Resolution Mechanism Setting aside the Arbitration Award The Past, Present and Future of ADR in India ADR : Its Pros and Cons Arbitration versus Concilliation : A Comparative Analysis Alternatives to Litigation Settlement of Investment Dispute between State and National of other State Power and Duties of Arbitrator