Progressive Education Society’s
Modern Law College
ONLINE CERTIFICATE COURSE ON
ALTERNATIVE DISPUTE RESOLUTION AND ITS PRACTICAL APPLICATION
Modern Law College, Ganeshkhind Pune is offering 15 days Certificate Course in “Alternative Dispute Resolution and its practical application”. The Certificate Course aims to develop the skills, which are required to deal with the legal and practical aspects related to regulation of ADR regime in India. The program aims to provide practical knowledge pertaining to ADR field and various requirements under diverse statutes.
About the Course Programme
Disputes are a part of human association. Legally speaking, when one person makes a claim against the other based on a certain law or legal principle, and the other person denies the claim, there is a dispute.
The term Alternative Dispute Resolution (ADR) refers to a range of methods and processes of dispute resolution. Significantly, these methods are very rapidly transforming from mere ‘alternatives’ into preferred methods of resolving disputes. The promise of ADR methods is low cost, fast resolution and an outcome acceptable to both parties. Unfortunately, due to improper or ineffective use these methods often fail to deliver on these promises.
Different ADR methods have their own nuances and require specialised knowledge and training. This course is designed to:
- Equip the learner with an understanding of various ADR methods;
- Train the learner to choose from these methods, and use them in a manner which creates minimum stress on the parties – in terms of both money and time; and
- Hopefully enable learners to pursue solutions acceptable to both sides in a legal dispute.
This certificate course will be held for 30 hours.
Date of Enrolment:
Duration of course:
Date of examination:
Fees: 500/- (Non-refundable)
Mode of payment: Online payment
MODE OF DELIVERY
Applicants must have qualified 10+2 from a recognised board/University
EXAMINATION/AWARD OF CERTIFICATE/ADMINISTRATION:
Examination will be conducted after the completion of the course via online mode (Multiple choice questions on Google Form)
Candidates who attend complete course & pass the examination will be awarded a Certificate by Modern Law College, Pune.
OBJECTIVES AND COURSE OUTCOME:
- Participants will demonstrate the following skills through successful completion of all required coursework and assignments:
- Understand the strengths and weakness of various dispute resolution methods.
- Comprehension of the functions of Alternative Dispute Resolution and its purpose.
- Compare and contrast the differences between Alternative Dispute Resolution and Litigation.
- Understand the conceptual framework related to the Arbitration and Conciliation Act, 1996 and The Legal Services Authorities Act, 1987.
- Identify various styles of drafting the arbitration clause in an agreement.
Teaching methodology will predominantly focus on classroom teaching through virtual lecture method. Further, adequate explanations, illustrations, examples will be given to make clear the nuances of law. Discussions will take place on case-laws to understand the interpretation of legal provisions by the Hon’ble courts. In addition, certain demonstrative exercises will be conducted for proper understanding of various ADR mechanisms.
- Evolution of mediation/conciliation as a mode of settlement of disputes, distinction between arbitration, mediation, conciliation, negotiation.
- Nature, Scope, Limitations and necessity of alternative models of disputes resolution
- Introduction of ADRMs in the Indian Legal System
- What is Alternative Dispute Resolution Methods?
- Advantages of ADRMs over the Conventional Adjudicatory System
- Dispute Resolution at grass root level, Lok Adalats, Nyaya Panchayath, Legal Aid, Preventive and Strategic legal aid.
- International Perspective/International Scenario
2. ARBITRATION: [ARBITRATION AND CONCILIATION ACT, 1996]
- Origin and Development of Arbitration
- Meaning, features, theories and types of arbitration
- Arbitration Agreement – Formation, essentials, validity, rule of severability, parties to arbitration agreement.
- Arbitral Tribunal – Structure, Powers, Functions and Jurisdiction
- “Fast Track” arbitration
- Arbitration proceedings
3. CONCILIATION: [ARBITRATION AND CONCILIATION ACT, 1996]
- Meaning, features and modes and techniques of Conciliation
- Appointment and role of conciliators
- Conciliation proceedings – submission of statements – communication between conciliator and parties, suggestions for settlement – confidentiality of information – Admissibility of evidence in other proceedings, Termination of conciliation proceedings; costs and deposits.
- Contractual provisions about conciliation
- Difference between Arbitration and Conciliation
- What is Mediation?
- Characteristics of Mediation, Essential Elements of Mediation,
- Advantages/ Benefits of Mediation,
- What Kinds of Cases Can Be / Cannot Be Mediated?
- Convening for Mediation, Guidelines to the Parties and Mediator, Training of the Mediator.
- Eight Pillars of Negotiation Wisdom, Qualities of a Good Negotiator, Various phases in Negotiation, disadvantages of Negotiation and Setting the Stage for Productive Negotiations
- Certain Specific Titles in the Negotiation Process, Alternative Paths.
- Practical Approach towards Concepts – Mixed Motive Exchange, Winner’s Curse, and Interest based Bargaining, Negotiation ‘Dance’, BATNA, WATNA, MALATNA
- Integrative Negotiation & Distributive Negotiation
6. PRACTICAL APPROACH TO ADR
- Drafting Arbitration clauses and agreements
- Writing Arbitration Award
- Practical sessions on Negotiation, Mediation and Conciliation
- Online Dispute Resolution- Meaning, kinds and uses; Legal Issues involved in ODR; Online Negotiation-Automated Negotiation; Assisted Negotiation; Online Mediation and Online Arbitration; Cybercourts; Types of Online Communications; E-Mediation and E-Negotiation; Problems of Security; Methods of Encryption, ODR and Virtual Court; Use of ODR in Normal Litigation; Court Annexed ODR; Examination of Witnesses and Submission of Arguments; Problems and Prospects;
- G. K. Kwatra-The New Arbitration &Conciliation Law of India, ICA,1998.
- Gabrielle Kaufmann- Online Dispute Resolution: Challenges for Contemporary Justice, Kohler & Thomas Wolters Kluwer, UK Schultz.
- “Law & Practice of Alternative Dispute Resolution in India – A Detailed Analysis”, by Anirban Chakraborty; 2016 Edition, LexisNexis, Gurgaon.
- Madabhushi Sridhar – Alternative Dispute Resolution, Butterworth Lexis Nexis, (Reprint 2010) Ist edition.
- O. P. Malhotra & Indu Malhotra, The Law and Practice of Arbitration and Conciliation, 3 rd ed. (2014).