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Alternative Dispute Resolution Systems

Semester 4 · 18 topics in 5 units

Past question papers for Alternative Dispute Resolution Systems

Unit I 4 topics

  1. Methods of dispute resolution: adversarial, inquisitorial and ADRThe adversarial and inquisitorial methods of trial, the formal and informal alternatives (arbitration, conciliation, negotiation, mediation, Lok Adalat), how each differs from the others, and the advantages and disadvantages of ADR as a whole.6 min
  2. Need for ADR, international commitments and suitability of disputesWhy India needs ADR, the constitutional and international sources (Articles 39A and 51, the New York Convention, the UNCITRAL Model Law, the Singapore Convention), and which disputes suit which method, with the arbitrability tests of Booz Allen and Vidya Drolia.6 min
  3. ADR and the Civil Procedure Code: section 89 and AfconsSection 89 and Order X Rules 1A to 1C of the CPC, the Salem Advocate Bar Association cases, the Afcons reading of section 89, pre-institution mediation under section 12A of the Commercial Courts Act, and what the Mediation Act, 2023 would change.6 min
  4. Lok Adalats and Permanent Lok AdalatsOrganisation, jurisdiction, reference and powers of Lok Adalats under Chapter VI of the Legal Services Authorities Act, 1987, the finality of their awards, Permanent Lok Adalats for public utility services, and the cases that confine Lok Adalats to compromise.8 min

Unit II 6 topics

  1. Arbitration: meaning, kinds and salient features of the 1996 ActWhat arbitration is, its attributes and general principles, the kinds of arbitration (ad hoc, institutional, statutory, domestic, international commercial, foreign, fast-track), the structure and salient features of the Arbitration and Conciliation Act, 1996, the 2015, 2019 and 2021 amendments, and BALCO on the seat.7 min
  2. Arbitration agreement and its draftingSection 7 and the essentials of a valid arbitration agreement, reference by courts under section 8, separability and kompetenz-kompetenz under section 16, unstamped agreements after the seven-judge decision of 2023, non-signatories, and how to draft a workable arbitration clause.6 min
  3. Arbitrators: qualities, appointment, challenge and substitutionQualities and qualifications of an arbitrator, the appointment procedure under sections 10 and 11, disclosure and ineligibility under section 12 with the Fifth and Seventh Schedules, unilateral appointment after TRF, Perkins Eastman and the 2024 Constitution Bench, challenge under section 13, and termination and substitution under sections 14 and 15.8 min
  4. Principal steps in arbitration and interim measuresThe stages of an arbitration from notice to award under Chapters V and VI of the 1996 Act (commencement, place, language, pleadings, hearings, default, experts, time limits), and interim relief from the court under section 9 and from the tribunal under section 17.7 min
  5. Arbitral award and setting aside under section 34Form and contents of an award under section 31, interest, costs and correction, the grounds for setting aside under section 34, the public policy cases from Saw Pipes to Ssangyong, limitation, appeals under section 37, and the 2025 Constitution Bench on modifying awards.8 min
  6. Enforcement of arbitral awards and foreign awardsFinality and enforcement of domestic awards as decrees under sections 35 and 36, stay pending challenge and the 2021 fraud proviso, deposits and lien for costs, and recognition and enforcement of New York Convention and Geneva Convention awards under Part II.7 min

Unit III 3 topics

  1. Conciliation: meaning, kinds and the role of the conciliatorWhat conciliation is and how it differs from mediation and arbitration, its kinds (facilitative, evaluative, court-annexed, voluntary and compulsory), and the qualities, duties and role of a conciliator under sections 67 to 81 of the Arbitration and Conciliation Act, 1996.5 min
  2. Stages and procedure of conciliation under Part IIIThe stages of conciliation under sections 62 to 81 of the 1996 Act, from invitation to settlement agreement, its status as an arbitral award, termination, the bar on parallel proceedings, costs and confidentiality, with Haresh Dayaram Thakur and Mysore Cements and three exam problems.7 min
  3. Conciliation under industrial, family and marriage lawsStatutory conciliation by conciliation officers under the Industrial Relations Code, 2020 (which replaced the Industrial Disputes Act, 1947), voluntary and compulsory conciliation, and the duty to attempt settlement under the Family Courts Act, 1984 and the Hindu Marriage Act, 1955, with two family law problems.7 min

Unit IV 2 topics

  1. Negotiation: meaning, styles and approachesWhat negotiation is and why lawyers do most of it, the styles of negotiation (competitive, co-operative, principled, and the five conflict-handling styles), and the distributive and integrative approaches, with the four principles of Getting to Yes and BATNA.6 min
  2. Phases of negotiation, qualities of a negotiator and power to negotiateThe phases of a negotiation from preparation to closing, the qualities of a good negotiator, the sources of bargaining power, and a lawyer's authority to negotiate and compromise on behalf of a client under Order XXIII Rule 3 CPC and Byram Pestonji Gariwala.4 min

Unit V 3 topics

  1. Mediation: meaning, the mediator and essential characteristicsDefinition of mediation, its advantages, the qualities and role of a mediator, and the essential characteristics of the process named in the syllabus: voluntary, collaborative, controlled, confidential, informal, impartial and neutral, and self-responsible.5 min
  2. Stages of mediation, models of mediation and code of conduct for mediatorsThe stages of a mediation from introduction and joint session to private sessions and closing, the facilitative, evaluative, transformative and other models, and the ethical duties of mediators: neutrality, disclosure, confidentiality, self-determination and competence.5 min
  3. The Mediation Act, 2023: scheme, enforcement and statusThe scheme of the Mediation Act, 2023 (mediation agreement, pre-litigation mediation, disputes not fit for mediation, appointment of mediators, time limits, mediated settlement agreements, enforcement and challenge, online and community mediation, the Mediation Council), which sections are in force, and the unsigned-settlement problem.7 min