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LLB 3 years Sem 6 Alternate Dispute Resolution System May 2012 Question Paper with Solutions

Mumbai University Solved Question Papers

Alternate Dispute Resolution System

Previous Year Question Paper with Solution

LLB 3 years · Sem 6

May 2012 Examination

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Mumbai

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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 May 2012 examination.

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MarksPage

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The Paper as Set

The questions in this volume are the questions asked at the May 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  ·  24 questions answered

Instructions printed on the paper

  • N.B: (1) Write each answer on a separate page. (2) Figures to the right indicate the maximum marks to the answer.

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 the following in not more than two sentences

20 Marks - 2 marks each

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(a)What is conciliation?[2]

Answer

Conciliation is a voluntary process in which a neutral person, the conciliator, helps the disputing parties reach an amicable settlement. He may also put forward terms of settlement for them to consider. He has no power to impose a decision.

Its law. Part III of the Arbitration and Conciliation Act, 1996 (sections 61 to 81) governs it.

  1. It starts only when the other party accepts a written invitation to conciliate (section 62).
  2. The conciliator assists "in an independent and impartial manner" (section 67(1)) and "may, at any stage ... make proposals for a settlement" (section 67(4)).
  3. If the parties agree, they sign a settlement agreement, which the conciliator authenticates (section 73). It has the same status as an arbitral award on agreed terms (section 74).
  4. Everything in it is confidential (section 75), and admissions and proposals made in it cannot be used later (section 81).
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Haresh Dayaram Thakur v. State of Maharashtra, (2000) 6 SCC 179. A retired High Court Judge, acting as conciliator, drew up a "settlement" himself and sent it to the court in a sealed cover. The parties had not signed it. The Supreme Court held that it was not a settlement: one "takes shape only when the parties ... affix their signatures to it". This shows the core of conciliation: the conciliator helps and proposes, but only the parties settle.

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