| Alternate Dispute Resolution (A.D.R) – (Clinical Course I)

The Course titled as ‘Alternative Dispute Resolution’ (ADR) is a Compulsory Clinical Course in a legal education as prescribed under Part II(B) of Schedule II of Rules of Legal Education, 2008 by Bar Council of India.

The Indian court system has been clogged with delays and the number of cases that are filed before the courts have only been on the rise. There has been a great push by the government and other stake holders to promote Alternative Dispute Resolution (ADR). Alternative Dispute Resolution are a series of dispute resolution methods that are considered “alternative” to conventional litigation. These alternative techniques can be adjudicatory like arbitration or non- adjudicatory like meditation, negotiation or conciliation. These non-litigation methods have the advantage of totally avoiding the prolixity delay of the court system. It is generally accepted that these alternative methods have many added benefits like the preservation of relationships, confidentiality, party autonomy and an expert determination of the dispute and as such they have gained wide popularity in commercial world. The subject matter course is an introduction to these Alternative Dispute Resolution methods.

This course will provide the students an understanding of various ADR processes, including recent developments in arbitration and mediation. The endeavour is to equip the students with basic knowledge of ADR which will act as a guide when they enter the legal profession, irrespective of whether they choose dispute resolution or corporate practice as their area of specialisation.

With the introduction of Section 89, Civil Procedure Code,1908; the Arbitration and Conciliation Act 1996; Legal Services Authority Act, 1987; Commercial Courts Act; CPA, 2019 and ADR methods under different legislations have been given a primary role in reducing arrears and promoting fast and affordable settlement of disputes. This course has two primary objectives. First is to provide the students with the theoretical understanding of the concepts and the legal provisions relating to ADR. Secondly, the course is geared to train the students in the practical skills required to effectively participate in the ADR processes.The teaching methods to be employed by teachers include lectures, use of multi-media, simulation exercises, role plays, field visits, guest lectures and other CLE methods of teaching and learning. The course focuses on instilling the following practical skills among the students: Communication including verbal, non-verbal, body language and para-linguistic; Case and Dispute Analyses and Strategy; Distinguishing interests from rights; Persuasion; Skills of mediators; Drawing agreements; Negotiation skills; Ethical dilemmas.

This course deals with the theoretical as well as clinical part of the law of alternative dispute resolution and aims to:

• Foster an understanding of the theoretical concepts involved in the subject so as to be able to apply them in practice
• Provide exposure to Lok Adalats and mediation
• Develop practical understanding of Alternative Dispute Resolution methods through simulation exercises, role plays, real clients and case scenarios and other forms of clinical methodology
• Develop skills and values required for Alternative Dispute Resolution methods To understand the reasons for dispute and limitations on the part of formal judicial system to address them effectively;
• Economics of dispute resolution-formal as well as ADR methods, \
• To understand difference between ADR methods like Negotiation, Mediation, Conciliation, Arbitration and Lok Adalat
• To provide exposure to ADR methods mentioned under different legislations
• Students will be able to appreciate the emerging questions and policy issues related ADR for future research.