Mumbai University Solved Question Papers
Alternate Dispute Resolution System
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Oct 2024 - 60/40 Examination
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LLB 3 years Sem 6 Alternate Dispute Resolution System Oct 2024 - 60/40 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 Oct 2024 - 60/40 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Oct 2024 - 60/40 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Oct 2024 - 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.
Q.1
Q.1: Answer in one or two sentences each
any six · (12 Marks - 2 marks each)
(a)What is the difference between arbitration and mediation?[2]
Answer
The key difference is who decides. In arbitration, the arbitrator decides the dispute, and the award binds the parties. In mediation, the mediator only helps the parties reach their own settlement. He "does not have the authority to impose a settlement upon the parties" (section 3(h), Mediation Act, 2023).
Other differences that follow.
- Basis. Arbitration needs a written arbitration agreement (section 7, Arbitration and Conciliation Act, 1996). Mediation needs only the parties' willingness, or a court's reference.
- Outcome. An arbitral award is "final and binding" (section 35) and is enforced as a decree (section 36). A mediation ends in a settlement only if both sign it.
- Process. Arbitration is a hearing with pleadings and evidence. Mediation is a confidential discussion, often with private meetings.
- Relationship. Arbitration produces a winner and a loser. Mediation aims at a settlement both can live with.
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 treated mediation, with conciliation and judicial settlement, as a non-adjudicatory process. It also held that two words in section 89(2)(c) and (d) of the Code of Civil Procedure had been interchanged by a drafting error. They are "judicial settlement" and "mediation".
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