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BLS LLB 5 Years Sem 10 Alternate Dispute Resolution System Nov 2023 - 60/40 Question Paper with Solutions

Mumbai University Solved Question Papers

Alternate Dispute Resolution System

Previous Year Question Paper with Solution

BLS LLB 5 Years · Sem 10

Nov 2023 - 60/40 Examination

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First published on munotes.in on 24 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2023 - 60/40 examination.

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The Paper as Set

The questions in this volume are the questions asked at the Nov 2023 - 60/40 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.

Duration 2 hours  ·  Total marks 60  ·  22 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.

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Q.1

Q.1: Answer in one or two sentences

6 out of 10 · (12 Marks - 2 marks each)

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(1)What is the nature of the A.D.R. system?[2]

Answer

The A.D.R. (alternative dispute resolution) system is the set of methods for settling disputes outside the regular civil trial. Its nature can be described by its features.

  1. Consensual. It rests on the parties' choice: an arbitration agreement, an accepted invitation to conciliate, or consent to mediate. Some references are made by a court under a statute (section 89, Code of Civil Procedure; section 20, Legal Services Authorities Act, 1987).
  2. Run by a neutral. Except in negotiation, an independent third person helps or decides.
  3. Flexible and informal. Tribunals and conciliators are not bound by the Code of Civil Procedure or the Evidence Act (sections 19(1) and 66, Arbitration and Conciliation Act, 1996).
  4. Private and confidential (sections 42A and 75 of the 1996 Act).
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  1. Either adjudicatory or facilitative. In arbitration a third person decides; in the other methods the parties decide.
  2. Complementary to the courts. Courts refer cases to it, support it, and enforce its results as decrees.

Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24. The Supreme Court described arbitration as "an adjudicatory dispute resolution process by a private forum". It described conciliation as "a non-adjudicatory ADR process". It held that a court must consider ADR under section 89, but need not refer every case. That captures the system's nature: voluntary in form, supported by courts, and adjudicatory or not depending on the method.

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