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Syllabus for
POST GRADUATE DIPLOMA IN ALTERNATIVE DISPUTE RESOLUTION (ADR)
PAPER – I : Introduction to Alternative Dispute Resolution
PAPER – II : Application of ADR Methods in Different Fields & Areas
PAPER – III : Arbitration & Conciliation Act, 1996 & International Developments
PAPER – IV : Practical Training / Field Work
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PAPER - I
Introduction to Alternative Dispute Resolution
Total Marks : 100 Marks
1. Introduction :
Evolution of mediation/conciliation as a mode of settlement of disputes, distinction between
arbitration, mediation, conciliatio n, negotiation.
Nature, Scope, Limitations and necessity of alternative models of disputes resolution
2. Negotiation
Theory of negotiation , Approaches to Negotiation
Positional bargaining , Interest -based bargain ing or principled negotiation
Preparation for Negotiation
Collab orative Communication skills, Negotiating skills , Negotiation exercises
3. Mediation and Conciliation
Theory of mediation , Role of the mediator
(court annexed and private) , Preparation for Mediation /Conciliation
process
Confidentiality and neutrality
How to write Award
Ethical issues in Mediation /Conciliation
Mediation in India, institutions, their role
4. Arbitration
Theory of arbitration , the arbitration process
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Federal and provincial legislation
Drafting Arbitratio n clauses and agreements
Preparation for Arbitration , Conducting an Arbitration , Seat, location , Examinations
and its various aspects , Evidence
Writing Arbitration Award
Foreign awards
Ethical issues in Arbitration
Conducting a M ock Arbitration
5. Communication & Role of the Paralegal
Verbal communication , Non verbal communication
Role of the Paralegal
i. In negotiat ion when representing a client
ii. In mediati on when representing a client
iii. When acting as a mediator
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PAPER - II
Application of ADR Methods in Different Fields & Areas
Total Marks : 100 Marks
1. Settlement in Labour and Industrial Disputes ,
i. Bargaining structure, grievance resolution,
ii. the rol e of the Labour Relations Board,
iii. Board of conciliation.
2. Administrative tribunals : Article 323 A and B
3. Family Court under the Family Court Act, 1984.
4. Consumer Disputes under the Consumer Protection Act , 1986
5. Settlement of Dispute through Lok Adalat and Lok Nyayalayas. Grassroots Justice and Panchayat
System for Resolution of dispute.
6. Settlement of :
i. Bank Disputes, Securities and Matters related to Debt recovery
ii. Negotiable Instruments.
iii. Family and Matrimonial Disputes
iv. Maintenance
v. Guardianship
vi. Custody of the Child
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vii. Adoption
viii. Inheritance/Succession
ix. Housing S ocieties , Maharashtra Housing and Area Development Authority
x. Maharashtra Land Revenue Code , Slum Rehabilitation
xi. Co-Operative Disputes
xii. Accident Claims.
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PAPER – III
Arbi tration & Conciliation Law & International Perspective
Total Marks : 100 Marks
The Arbitration and Conciliation Act, 1996
i. Advantages of conciliation and the Arbitrati on and Conciliation Act, 1996 : Arbitration
Agreement, Composition of Arbitral Tribunal, Jurisdiction and conduct of Arbitral
Tribunals, Making of Arbitral Award and termination of proceedings, Recourse against
Arbitral Award, Finality and Enforcement of Arbitral award, Appeals , Appointment of
conciliators , commencement of conciliation proceedings , Termination of conciliation
proceedings; costs and deposits.
ii. Analyzes the composition and the juri sdiction of arbitral tribunals, the procedure followed by
arbitrators, recognition and enforcement of foreign arbitral awards, and other related issues.
iii. The appointment of the arbitral tribunal; competence/competence; a consideration of cost -
effective arbi tral procedures; interim measures; the award, including the challenge,
recognition and enforcement thereof
iv. A study of the negotiation and administration of collective agreements in the private sector.
v. Family courts and Lok adalats.
vi. Scope, Challenges and Limitations of ADR.
International Developments
i. The law and practice of international commercial arbitration, case studies , including arbitral
agreements, applicable law, the enforcement of arbitral awards and arbitrations involving
state parties.
ii. The UNCITRAL Model Law on International Commercial Arbitration,
iii. The role of national courts in the international arbitration proce ss; the evaluation of
international arbitral institutions and t heir rules
iv. The drafting of an international arbitration clause or submission agreement
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v. ICSID arbitrations; and current issues in international commercial arbitration ( e.g.
confidentiality and consolidation).
vi. For understanding the United Nations Convention on Contracts for the International Sales of
Goods (CISG), w w ’ w
applied in international commercial arbitration?
vii. A considera tion of arbitration as a dispute resolution process in the domain of international
trade.
viii. London Court of International Arbitration and the UN Convention on Recognition and
Enforcement of Foreign Arbitral Awards.
PAPER – IV
Practical Training / Field Work
Total Marks : 100 Marks
The project report submitted by the student will be evaluated jointly by the internal and external
examiners during the practical examination. The distribution of marks will be as follows :
Dissertation - 40 marks
Project Work on Arbitration / Mediation - 40 marks
(Practical exercises in the preparation and
conduct of arbitration & mediation)
Attendance - 10 marks
Viva - 10 marks
Students learn through classroom lectures, discussion and group problem solving method . Any
matters covered in class and/or in the assigned readings will constitute part of the subject content
and be eligible for inclusion on all assessments. It is ESSEN TIAL that students read assigned
material before class and make careful notes on the reading material as well as in -class lectures
and discussion. It is extremely important for students to be prepared for class and to be actively
involved in discussions as this greatly aids the learning process.
RECOMMENDED BOOKS
1. The Indian Arbi tration and Conciliation Act, 1996.
2. John M. Haynes and Stephanie Charles worth : The Fundamentals of Fa mily Mediation
3. Robert A Baruch Bush and Joseph Folgers : The Promise of Mediation
4. Marian Roberts : Mediation in Family Dispute
5. Lisa Parkinson : Family Mediation
6. Ruth Chariton and Michelin Dewdney : The Mediator's Handbook
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7. Sriram Panchu : Mediation Practice and law (textbook)
8. Mukta Mahajani : Let's Talk, Negotiation and Communication at the Workplace
9. Morton Deutsch, Peter Colem an and Eric Marcus : The Handbook of Conflict Resolution:
Theory and Practic e. San Francisco: Jossey -Bass )
10. William W W ilmot and Joyce L Hocker : Interp erson al Conflict , New York: McGraw -
Hill
11. Simon R oberts and Michael Palmer : Dispute Processes, ADR and the Primary Forms of
Decision -Making; Cambridge University Press
12. Charles Ewert, Gordon Barnard, Jennif er Laffier, Michael L. Maynard : Choices in
Approaching Conflict, Understanding the Practice of Alternative Dispute Resolution,
Emond Montgomery, ISBN: 978 -1-55239 -384-0
13. Malhotra : Arbitration & Conciliation Act
14. Justice R.S. Bachavat : Law of Arbitration & Conciliation Act, Vol – I & II ; LexisNexi s
B w ’ ; 5th Edition 2013.
15. Mallik : Arbitration & Conciliation Act
16. Myneni : Alternate Dispute Resolution
17. P. C. Rao and William Sheffield : Alternative Dispute Resolution, by
18. Ashwinie Kumar Bansal : International Commercial Arbitration - Practice & Procedure .
West Thomson Reuters, ISBN 10
19. P. C. Markanda : Law relating to Arbitration and Concil iation. LexisNexis India;
8th Edi. 2013 ISBN – 8180388131
20. Dr. Avtar Singh : Law o f Arb itration and Conciliation, Lucknow
21. The Code of Civil Procedure, 1908.
22. Arbitration and Conciliation Act 1996,
23. Media tion R ules of Bombay High Court
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