Course Description

THE RATIONALE

This course takes a broad variety of perspectives related to ADR. It critically evaluates the theories and practices of alternative methods of resolving disputes including negotiation, mediation, arbitration and restorative justice models. The course will study and practice various conflict resolution skills that are specific to each of the ADR processes that will be discussed.

In order to maintain a truly exploratory environment, we must be committed to embracing a diversity of opinions. The reason for the focus on this area is that there is strong anecdotal evidence that the number of commercial arbitrations has increased significantly over the past few years and continues to increase.

This is part of the broader trend towards the “privatization” of litigation, as formal litigation becomes increasingly difficult (because of the clogged court rolls) and expensive, and as companies become increasingly aware of the reputational risk associated with (public) litigation as opposed to (private) arbitration of their disputes.

THE COURSE OBJECTIVES:

By the end of this training, participants will be able to learn:

• Understand the backdrop, meaning, advantages and disadvantages of Alternative Dispute Resolution (ADR) mechanisms.
• Encourage you to discover and pursue your own ADR-related interests
• Understand the key differences between Alternative Dispute Resolution mechanisms and Judicial Adjudication.
• Understand the complexities involved in drafting “Arbitration Clause”.
• Understand the skills and elements involved in Negotiation, Mediation and
• Understand the conceptual framework related to the Arbitration and Conciliation Act, 1996 and The Legal Services Authorities Act, 1987.
• Understand the process of dispute resolution through ADR mechanisms.
• Understand the provisions related to reference of disputes to alternative dispute mechanisms under the Code of Civil Procedure (CPC), 1908. [Section 89].
• Recognize the role played by the Hon’ble Judiciary in interpreting the Arbitration and Conciliation Act, 1996 and the Legal Services Authorities Act, 1987

THE COURSE OUTLINE

The course will cover the following:

MODULE 1: INTRODUCTION TO ADR

• Background & Meaning – Alternative Dispute Resolution (ADR)
• Alternative Dispute Resolution (ADR) Mechanisms – An Overview
• Advantages & Disadvantages – ADR Mechanisms
• Comparison – ADR V. Judicial Adjudication (Adversarial System)
• Restorative Justice

MODULE 2: NEGOTIATION

• Meaning Of Negotiation
• Characteristics Of Negotiation
• Theories Of Negotiation
• Elements Of Negotiation
• Skills Involved In Negotiation

MODULE 3: MEDIATION AND CONCILIATION

• Meaning Of Mediation And Conciliation
• Distinction Of Mediation And Conciliation
• Advantages Of Mediation
• Sources Of Contemporary Mediation & Conciliation
• Role Of Mediator / Conciliator
• Objectives Of Court Annexed ADR
• Code Of Civil Procedure
• Role Of Court – Referral Of Dispute To ADR

MODULE 4: ARBITRATION

• Terminologies In Arbitration
• Types Of Arbitration
• Legal Framework Governing Arbitration
• The Arbitration And Conciliation Act, 1996
• Legislative Backdrop, Scope And Definitions
• Arbitration Agreement
• Courts Power Of Supervision
• Arbitrators
• Arbitral Process And Challenges To Arbitration
• Arbitral Award
• Recourse Against Arbitral Award
• Recognition & Enforcement Of Foreign Arbitral Awards

MODULE 5: THE FUTURE OF ADR

• Legal Recognition For LOK ADALATS In India
• Meaning, Genesis & Powers of LOK ADALATS
• Constitution And Jurisdiction Of Lok Adalats
• Future Of ADR
• Arbitration Clauses – Style & Forms
• Demonstrative Exercises – ADR Mechanisms

TARGET AUDIENCE

Solicitors, Paralegals, Legal Executive, Secretaries, students, corporate executive

Delivery Method: Combines lectures, class discussions, group exercises, illustrations and role-plays.

Venue:

Fee:

Duration: 1 week

Course Date: April 10th-14th 2023