KSLU Solved Question Papers
Alternative Dispute Resolution
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 8
2013 Dec Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 8 Alternative Dispute Resolution 2013 Dec Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2013 Dec examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2013 Dec examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2013 Dec examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 2 hours · Total marks 60 · 20 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1
Unit I
(a)What are the Alternate Dispute Resolution Systems presently available in settling disputes ?[9]
Answer
For full marks, cover: the menu of ADR systems in force today, each with its legal basis: negotiation; mediation in its three working forms (court-referred under section 89 CPC; pre-institution under section 12A of the Commercial Courts Act, Patil Automation; private), with the Mediation Act 2023 mostly not in force; conciliation (Part III of the Arbitration and Conciliation Act 1996; statutory conciliation in industrial, family and MSME disputes, Mahakali Foods); arbitration (domestic and international, ad hoc and institutional, fast track under section 29B, statutory, foreign awards under Part II); Lok Adalats, National Lok Adalats and Permanent Lok Adalats (Interglobe Aviation); judicial settlement (section 89(2)(c)); how a court chooses among them (Afcons); a table; conclusion.
The present menu
Indian law today offers a wide range of ways to settle disputes outside a full trial. Some depend entirely on the parties' agreement; others are set up by statute. They are best understood one by one.
1. Negotiation
The parties settle directly, by themselves or through lawyers, with no third person. No statute governs it. A settlement is a contract. In a pending suit it can be recorded as a decree under Order XXIII rule 3 of the Code of Civil Procedure.
2. Mediation
A neutral mediator helps the parties reach their own settlement but cannot impose one. It works in three forms today:
- Court-referred mediation, when a court sends a pending suit to a mediation centre under section 89 of the Code of Civil Procedure;
- Pre-institution mediation for commercial disputes, compulsory before suing unless urgent relief is sought (section 12A of the Commercial Courts Act 2015). In M/s Patil Automation Private Limited v. Rakheja Engineers Private Limited, decided on 17 August 2022, the Supreme Court held this mandatory;
- Private mediation by agreement.
The Mediation Act 2023 will regulate mediation fully, but apart from its definitions and institutional sections most of it is not yet in force.
3. Conciliation
A conciliator assists and may propose terms. Part III of the Arbitration and Conciliation Act 1996 (sections 61 to 81) governs it. A signed settlement has the status of an arbitral award (section 74). Statutory conciliation also exists:
- industrial disputes, through Government conciliation officers (now section 53 of the Industrial Relations Code 2020);
- family disputes, through the Family Court and its counsellors (section 9 of the Family Courts Act 1984);
- MSME payment disputes, through the Facilitation Council (section 18 of the MSMED Act 2006). In Gujarat State Civil Supplies Corporation Ltd v. Mahakali Foods Pvt Ltd, decided on 31 October 2022, the Supreme Court held that this route overrides an arbitration agreement.
4. Arbitration
A private tribunal gives a binding award under the 1996 Act. It may be:
- domestic or international commercial, depending on whether a party is foreign (section 2(1)(f));
- ad hoc, run by the parties, or institutional, run under an institution's rules;
- fast track, decided on documents within six months if the parties so agree (section 29B);
- statutory, where a law itself sends disputes to arbitration, as the MSMED Act does after conciliation fails;
- foreign, where an award made abroad is enforced in India under Part II.
5. Lok Adalats
Organised by Legal Services Authorities under the Legal Services Authorities Act 1987, Lok Adalats settle pending and pre-litigation cases by compromise. Their awards are final decrees (section 21). Permanent Lok Adalats for public utility services may decide the dispute if conciliation fails (section 22C(8)). In Interglobe Aviation Ltd v. N. Satchidanand, (2011) 7 SCC 463, a passenger's complaint against an airline for a delayed flight was heard by a Permanent Lok Adalat. The Supreme Court held that the airline's clause giving only Delhi courts jurisdiction was invalid as drafted.
6. Judicial settlement
A court may refer a case to a suitable institution or person, which is then treated as a Lok Adalat (section 89(2)(c)).
How a court chooses
In Afcons Infrastructure Ltd v. Cherian Varkey Construction Co (P) Ltd, decided on 26 July 2010, the Supreme Court described section 89's methods as one "adjudicatory" process, arbitration, and four "negotiatory (non adjudicatory)" ones. A court must consider ADR after the pleadings, but arbitration needs both parties' consent.
A table
| System | Who decides | Main source |
|---|---|---|
| Negotiation | The parties | Contract; Order XXIII rule 3 |
| Mediation | The parties | Section 89 CPC; section 12A |
| Conciliation | The parties | Part III; I.D. Act/IR Code; MSMED Act |
| Arbitration | The tribunal | Parts I and II, 1996 Act |
| Lok Adalat | The parties | Legal Services Authorities Act 1987 |
| Permanent Lok Adalat | The parties, or the PLA if they fail | Chapter VIA of the 1987 Act |
Conclusion. The ADR systems available today are negotiation, mediation, conciliation, arbitration, Lok Adalats and judicial settlement. Each has its own statutory base: section 89, section 12A, the 1996 Act, the industrial, family and MSME laws, and the 1987 Act. Afcons guides courts in choosing among them, and Patil Automation has made mediation the first step in commercial disputes.
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