Program: BBA LL.B.(Hons.

) Semester: IX
Course: Alternative Dispute Resolution (Clinical) Course Code:

Teaching Scheme Evaluation Scheme

Lecture Practical Tutorial Internal Continuous Term End
(Hours (Hours (Hours Credit Assessment (ICA) Examinations (TEE)
per per per week) (Marks - 60) (Marks- 40
week) week) in Question Paper)
4 0 0 4 Marks Scaled to 60 Marks Scaled to 40
Pre-requisite:
1. The students should have basic knowledge of the court system in India.
2. The students should have basic knowledge regarding the general framework of legal
dispute resolution in India.
3. The students should be familiar with basic aspects of advising and counselling.

Objectives:
1. To orient the students about the basics of Alternative Dispute Resolutions (ADRs) and
also to understand how ADRs evolved through time in India.
2. To heighten the awareness on the various modes Alternative Dispute Resolutions.
3. To understand the necessity of ADRs
4. To discuss the contemporary challenges and prospects affecting Alternative Dispute
Resolutions.
Outcomes:
After completion of the course, students would be able to :
1. The students will be able to understand the system of dispute resolution in India.
2. The students will be able to comprehend the various methods of solving disputes
under ADR system.
3. The students will understand the strengths and weakness of various dispute
resolution systems under ADR System.
4. The students shall develop techniques and skills to make effective use of ADR
methods.
5. The students through their acquired skill, technique and knowledge shall be able to
identify the challenges that ADRs face in India and also formulate the solutions for the
same.
Detailed Syllabus: ( per session plan )

Unit Description Duration

1. Introduction 10 Hrs
Overview of Dispute resolution
ADRs-Meaning , Philosophy, Need and Types
UNICTRAL Model Law , Court annexed ADRs
Legal Services Authority Act,1987-Lok Adalats
Basic and Advanced Readings:
 1) Dr. Mohinder Singh and Mr. Suresh Kumar, Justice Delivery
through Lok Adalats: A Study, Asian Journal of Multidimensional
Research, Vol. 3, Issue 5, May 2014
2) Sudhir Krishnaswamy, Sindhu K Sivakumar & Shishir Bail, Legal
Judicial Reform in India: A call for Systematic and Empirical
Approaches, Journal of National Law University, Delhi, Vol. 2,
2014, pp 1 – 25
2. Arbitration 10 Hrs

The Arbitration and Conciliation (Amendment) Act, 2015 —

Historical Background and Objectives of the Act
Definitions of Arbitration, Kinds, Arbitrator
Arbitration Agreement, Clause
Arbitral Tribunal – Composition, Jurisdiction and Conduct
Arbitral Award - Setting aside of Arbitral Award
Finality and Enforcement of Award
Appeals
Enforcement of Foreign Awards-New York Convention Awards
and Geneva Convention Awards
Relevant Cases:
1) Ardee Infrastructure Pvt. Ltd. v/s Ms. Anuradha Bhatia, FAO (OS)
No.221/2016 (Judgment delivered on: 06.01.2017)
2) Ratna Infrastructure Projects Pvt. Ltd. v/s Meja Urja Nigam Private
Limited, ARB. P. 537/2016, (Date of decision: April 11, 2017)
3) Indus Mobile Distribution Private Limited v/s Datawind
Innovations Private Limited & Ors., CIVIL APPEAL NOS. 5370-
5371 OF 2017
4) Imax Corporation vs M/S E-City Entertainment (I), Civil Appeal
No. 3885 of 2017
5) Reliance Infrastructure Ltd v/s Haryana Power Generation Corp
Ltd, Arbitration Case No. 166 of 2016
3. Conciliation 10 Hrs
Conciliation: Meaning, Nature and Modes of Conciliation
Appointment of Conciliators
Powers and Functions of Conciliator
Procedure – Settlement of disputes through conciliation.
Role of Conciliator
Practice of Conciliation in India
Basic and Advanced Readings:
1) Collective Bargaining and Conciliation in India, B R Patil, Indian
Journal of Industrial Relations, Vol, 12, No.1, pp 41 – 60
2) A Game theoretic Approach to Conciliation – Adjudication
Model, Shubhabrata Basu, Indian Journal of Industrial Relations,
Vol, 12, No.1, pp 423 - 435
4. Mediation 10 Hrs
Mediation: Meaning;
Qualities of mediator;
Role of mediator;
Essential characteristics of the mediation process – voluntary,
 collaborative, controlled, confidential, informal, impartial &
neutral, self-responsible
Different models of mediation; Code of conduct for mediators
Distinction of Mediation and Conciliation
Mediation System in India
Basic and Advanced Readings:
1) Mediation in the Workplace: A Guide for Training , Practice and
Administration, Rebecca Jane Weinstein, Greenwood Publishing
Group, Page 7 – 73 (Google Book)
Relevant Cases:
1) Reeta Thakur v/s Shree Gokulam Fin, (02/08/2014)
5. Negotiation 10 Hrs
Negotiation: Meaning
Characteristics and Essentials of Negotiation
Theories of negotiation
Negotiation Styles
Qualities of a negotiator
Skills involved in Negotiation
6. Potential of ADR 10 Hrs
Emerging Trends
Challenges
Basic and Advanced Readings:
1) Promoting Arbitration and Mediation on Web, Giuliana Garzone,
Page 23, The Discourses to Dispute Resolution, Peter Lang AG
(Google Book)
The limitation of Conciliation and Arbitration, Samuel Gompers,
The Annals of the American Academy of Political and Social
Science, Vol. 20, pp 29 - 34
Total 60 Hrs

Text Books:
Alternative Dispute Resolution, Madabhushi Sridhar, Lexis Nexis, 2006 (Reprint 2010).
Reference Materials:
Relevant Books for the subject are (Basic and Advance)

1) C R Datta Law of Arbitration and Conciliation (Including Commercial Arbitration),

Lexis Nexis.
2) Justice R S Bachawat, Law of Arbitration and Conciliation, Vol. 1 & 2, Lexis Nexis.
3) P C Markanda, Law Relating to Arbitration and Conciliation, Lexis Nexis.
4) Vijay K. Bhatia, Christopher N. Candlin and Maurizio Gotti, Discourses of Dispute
Resolution, Peter Lang AG Publishers.
5) Carrie Menkel – Meadow, Dispute Processing and Conflict Resolution: Theory,
Practice and Policy, Taylor and Francis.
6) J. Mashamba, Alternative Dispute Resolution in Tanzania: Law and Practice, Mkuki
na Nyota Publishers.
7) Julia Hornle, Cross – border Internet Dispute Resolution (ODR), Cambridge
University Press.
8) Sara Greco Morasso, Argumentation in Dispute Mediation: A reasonable way to
handle conflict, John Benjamins Publishing Company.
9) Arthur W. Rovine, The Fordham Papers 2012: Contemporary Issues in International
Arbitration and Mediation, Brill Publications.
10) Kyle Beardsley, The Mediation Dilemma, Cornell University Press.

Any other information :

Details of Internal Continuous Assessment (ICA) :
Research: 15 Marks
Assignment: 15 Marks
Mid-Term: 20 Marks