Mumbai University Solved Question Papers
Alternate Dispute Resolution System
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Dec 2012 Examination
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LLB 3 years Sem 6 Alternate Dispute Resolution System Dec 2012 Question Paper with Solutions
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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 Dec 2012 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Dec 2012 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Dec 2012 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 3 hours · Total marks 100 · 25 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.
Q.1
Q.1: Answer in not more than two sentences
20 Marks - 2 marks each
(a)What is meant by confidentiality in conciliation proceedings?[2]
Answer
Meaning. Everything said, shown or proposed in a conciliation stays private. Section 75 of the Arbitration and Conciliation Act, 1996 says that "the conciliator and the parties shall keep confidential all matters relating to the conciliation proceedings". This applies "notwithstanding anything contained in any other law". It "shall extend also to the settlement agreement, except where its disclosure is necessary for purposes of implementation and enforcement".
How the Act protects it.
- Inside the process. A party may give the conciliator information "subject to a specific condition that it be kept confidential". The conciliator must then not disclose it to the other party (proviso to section 70).
- In later proceedings. No party may rely on the other's views, admissions, proposals or willingness to settle as evidence (section 81).
- The conciliator's silence. He cannot be presented as a witness, unless the parties agree otherwise (section 80(b)).
- The sanction. An award "induced or affected" by a breach of section 75 or section 81 conflicts with public policy. It may be set aside (Explanation 1 to section 34(2)).
Why it matters. Parties settle only if they can speak openly without fear that their concessions will be used against them.
Moti Ram (D) v. Ashok Kumar, (2011) 1 SCC 466. The Supreme Court had referred a landlord and tenant to mediation, and the mediator's report set out each side's offers. The Court held that "mediation proceedings are totally confidential proceedings". If mediation fails, the report should say only that it was unsuccessful. The same principle underlies section 75.
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