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Tamil Nadu National Law University: Ba LLB (H) Semester VII

This document outlines the course syllabus for a Clinical Course on Alternative Dispute Resolution offered at Tamil Nadu National Law University. The course objectives are to acquaint students with various alternative dispute resolution mechanisms and train them in procedural aspects. The learning outcomes include appreciating different ADR methods, distinguishing between methods, enhancing negotiation skills, and understanding statutory recognition of ADR in India. Teaching methods involve lectures, simulations, audio-visual aids, case studies, and practical exercises. The course is divided into 5 modules covering introduction to ADR, negotiation and conciliation, mediation, commonalities between ADR and litigation, and arbitration. Required readings are also listed.

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251 views4 pages

Tamil Nadu National Law University: Ba LLB (H) Semester VII

This document outlines the course syllabus for a Clinical Course on Alternative Dispute Resolution offered at Tamil Nadu National Law University. The course objectives are to acquaint students with various alternative dispute resolution mechanisms and train them in procedural aspects. The learning outcomes include appreciating different ADR methods, distinguishing between methods, enhancing negotiation skills, and understanding statutory recognition of ADR in India. Teaching methods involve lectures, simulations, audio-visual aids, case studies, and practical exercises. The course is divided into 5 modules covering introduction to ADR, negotiation and conciliation, mediation, commonalities between ADR and litigation, and arbitration. Required readings are also listed.

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Jeyakumar G
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TAMIL NADU NATIONAL LAW UNIVERSITY

(A University established under the Tamil Nadu Act No. 9 of 2012)


Dindigul Main Road, Navalur Kuttapattu
Tiruchirappalli 620 027
Tamil Nadu, India

BA LLB (H)
Semester VII
COURSE SYLLABUS

CLINICAL COUSRE ON ALTERNATIVE DISPUTE RESOLUTION

Course Objectives

Alternative disputes resolution systems have gained more relevance and popularity at local,
national and international levels. Due to the flexibility, specialty and informal nature of such
dispute resolution methods, there is need to understand and train the students to acquaint with the
proper procedural aspects of such mechanisms, which is the major objective of this clinical
course.

Learning Outcomes

● After learning this course, the students will be able to appreciate the different forms of
Alternative Dispute Resolution (ADR) mechanisms.
● The students will be able to distinguish the different methods of ADR mechanisms and
the hybrid varieties emerging up.
● The students will be enhanced in their skill for negotiation and communication used in
Legal or non legal matters
● The students will know and understand the statutory recognition of various ADR
mechanisms in India.

Teaching Methods

● Being a clinical course, the teaching method primarily used are lectures and simulation
activities.
● The lectures will be delivered using the aid of Power point presentation (not circulated
among the students) and assigning hypothetical problems to carry out the simulation
sessions.
● Various audio-visual aids will be used to show how the sessions proceed in ADR
mechanisms and give a fundamental knowledge about such processes for a practical
perspective.
● Various case laws and articles will also be sent across and discussed to enhance the
understanding of these ADR skills.

Introduction of Alternative Dispute Resolution MODULE


1

 Meaning-Necessity of ADR-Modes of ADR


 Characteristics of Adjudication, Principles of Adjudication
 Advantages and Disadvantages of Adjudication
 Diverse Methods of ADR- informal, Advance and Hybrid Techniques

Negotiation and Conciliation MODULE 2

 Theories and models of negotiations


 Skills of negotiations and practical hindrances
 Conciliation: Meaning-Different kinds of conciliation- Qualities of a
conciliator- Duties of a conciliator
 Conciliation under statutes- Industrial Disputes Act, 1947; Family Courts
Act, 1984; Hindu Marriage Act, 1955; Arbitration and Conciliation Act,
1996.
 Practical Exercise.

Mediation MODULE 3

 Meaning- Qualities of mediator -Role of mediator


 Introduction to the models of mediation- International and Online
 Essential characteristics of the mediation process
 Code of conduct for mediators
 Practical Exercises

Common Overtures Between ADR and Litigation MODULE 4

 Client Counseling
 Interviewing
 Analytical skills for filtering the relevant facts.
 Court annexed ADR & Litigation policies: Section 80 and 89, Code of the
Civil Procedure 1908
 Case studies: Salem Bar Association vs. UOI; Afcon Infrastructures vs.
Cherian Varkey

Arbitration MODULE
5

 Introduction to arbitration as a model of dispute resolution


 Arbitration vs. Mediation
 The types of arbitration: Investment and commercial; domestic and
international
 Indian Arbitration Act: Basic study along with core concepts – seat of
arbitration, commencement of arbitration, the arbitration agreement, and
the law applicable to the arbitration proceedings.
 Practical exercises with in-class mock arbitration.

Required Readings

1. Sridhar Madabhushi, Alternative Dispute Resolution, Lexis Nexis Student Series,


2006(Reprint 2010).
2. SriramPanchu, Mediation Practice and Law – The Path to Successful Dispute
Resolution, 2nd edn, Lexis Nexis India, 2016
3. O.P. Malhotra, Law and Practice of Arbitration & Conciliation,Lexis Nexis India,
2006.
4. M. Moses, The Principles and Practice of International Commercial Arbitration,
Cambridge University Press, UK, 2012.
Additional Readings

5. Omkar and Krishnamurthy, The Art of Negotiation and Mediation, Lexis Nexis
Student Series, 2015.
6. Roger Fisher and William Ury, Getting to “Yes”: Negotiating Agreements
without Giving In, Penguin Books, US, 1991.
7. Michael Rogers, Saving Mr. Banks and other interest-based negotiations ,
available at http://cardozojcr.com/wp-content/uploads/2015/12/Rogers.pdf

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