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Advance Certificate Class on Alternative Dispute Resolution

20 Hours of Holistic & Practical Learning in Alternative Dispute Resolution Practice

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  • Rs. 7,499/-

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  • 29th June 2022

    Last Date of Early Bird Registration

  • Rs. 9,999/-

    Registration Fee

  • 5th July 2022

    Last Date of Registration

  • 100 Students

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Do you know that there are more than 38 million pending cases in the courts of India?

India is not big on litigations, if we compare to the US democracy, the general awareness towards civil rights and advocating for these rights is not as prominent in our country. The reason for the same can be attributed to many factors such as lack of education, lack of awareness, lack of resources etc. However, one significant reason for the same is the lack of ease when it comes to seeking judicial remedies.

Alternative Dispute Resolution practices emerged as a panacea for situations such as these, making court procedures an alternate option and providing other available resources in the form of ADR mechanisms. This alternative progression helps unburdening the courts as well as expediting the outcomes.

In our progression towards the global super power, ADR mechanisms has a significant role to play both commercially & civilly and that makes it an indispensable area to master for learners of law.

ADR includes various modes of settlement including, arbitration, conciliation, mediation and negotiation. ADR is gaining popularity since the settlement of disputes is less time consuming, free of technicalities of the courts, they allow the disputing parties discretion over the procedures and provide privacy over the dispute proceedings.

A good understanding of these ADR mechanisms is extremely important for any learner of law. This 20-hour certificate course aims to provide a foundational understanding of how these mechanisms work and enhance the knowledge of all participants.

This course is extremely beneficial since it provides a practical outlook on Alternative Dispute Resolution Methods, it also offers drafts and practical assessments of important documents which are required when initiating o proceeding with ADR.

This course is an A-Z guide on the framework and practical aspects of ADR for budding lawyers.

Curriculum

Curriculum

Module 1 : Introduction

  • Introduction to Different forms of Alternative Dispute Resolution Methods-
    1. Mediation
    2. Conciliation
    3. Arbitration
    4. Negotiation
  • The difference between these methods
  • Which specific need is fulfilled by each method?
  • Introduction to governing laws

Module 2 : Arbitration and Important Drafts

  • Advantages of Arbitration and its importance to a civil jurisdiction
  • Arbitration Clauses in Contracts and their Enforceability
  • Jurisdiction and Scope of tribunal and seat of Arbitration
  • Interpretation of clauses and ascertaining jurisdiction
  • Important provisions of the Arbitration and Conciliation Act.
  • Instructions and Template on how to draft an 'Arbitration Clause' in a Contract.
  • Requirement and Necessary aspects of an Arbitration Agreement
  • Drafting an Arbitration Agreement

Module 3 : Arbitration Proceedings

  • Drafting a Notice under Section 21 of the Arbitration Act for Commencement of arbitral proceedings.
  • Procedures to be followed before the Arbitral Tribunal
  • Fast Track Summary Procedure under Section 29B
  • Learn to draft an appeal for seeking interim relief under Section 9 of the Arbitration and Conciliation Act, 1996
  • Draft an appeal for setting aside interim measures awarded by the tribunal under Section 17
  • How to file a statement of claims
  • How to draft a statement of defense
  • How to draft a counterclaim
  • How to draft a rejoinder
  • Oral and documentary evidence in arbitral proceedings
  • Examination in chief for a witness
  • Cross-examination in arbitral proceedings
  • Draft a petition for enforcement or setting aside of an arbitral award
  • Draft an appeal against a refusal to set aside an arbitral award under Section 34

Module 4 : Conciliation

  • Conciliation under Chapter Three of the Arbitration and Conciliation Act, 1996.
  • Application and Scope of Conciliation under Section 61 of the Act.
  • Commencement of Conciliation Proceedings under Section 62.
  • Drafting the written invitation to initiate conciliation under Section 62 of the Arbitration and Conciliation Act.
  • Appointment of Conciliators
  • Submission of Statements made to conciliators under section 65.
  • Settlement of Dispute
  • Effect of Settlement
  • Principles of Conciliation- Independence under Section 67(1), Justice under Section 67(2), Confidentiality under Section 75 and Disclosure of information under Section 70.
  • Commencement
  • Salient Features and Concepts of Conciliation.
  • Importance and Practical advantages of Conciliation.
  • Introduction to Companies (Mediation & Conciliation) Rules, 2016

Module 5 : Mediation

  • Drafting a Mediation Clause in a Contract
  • Drafting a Mediation Agreement before commencement of Mediation Proceedings and its essential elements.
  • The Process of Mediation
  • The Stages of Mediation
    1. Opening Statement
    2. Joint Session
    3. Separate Session
    4. Closing
  • Role of Mediators- Motivate Settlement, Establish Control, Develop Rapport
  • Negotiation and Bargaining
  • Impasse and Remedies
  • Absorption of Facts
  • Application of Rules, Laws on Merits of Facts
  • Analysis and Discussion
  • Practical Briefing
  • Settlement/Non-Settlement
  • Pursuance of Relief
  • Alternative Remedies

Module 6 : Negotiation

  • Theories of Negotiation
  • Negotiation techniques to prevail in ADR
  • Importance of negotiation in different forms of ADR

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