Module 1: Introduction
- Introduction to Different forms of Alternative Dispute Resolution Methods-
- Mediation
- Conciliation
- Arbitration
- Negotiation
- The difference between these methods
- Which specific need is fulfilled by each method?
- Introduction to governing law
Module 2: Arbitration and Important Drafts
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- 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 the 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 the commencement of Mediation Proceedings and its essential elements.
- The Process of Mediation
- The Stages of Mediation
- Opening Statement
- Joint Session
- Separate Session
- 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
Course Features
- Lectures 8
- Quizzes 1
- Duration 185 days
- Skill level All levels
- Language English
- Students 35
- Assessments Yes
