Alternate Dispute Resolution: Breaking the Litigation Jumble

This course provides an insight about ADR, its types. The course also covers the procedural and practical application of ADR mechanism.

Alternate Dispute Resolution: Breaking the Litigation Jumble

Course Description

This LawSkills course outlines the diverse ADR practice prevailing in India and its utility across different settings – both domestic and international. The aim of this course is to discuss practical applicability of each Alternative Dispute Resolution technique and to create skillful negotiators, mediators and arbitrators to cater to the requirements of various segments of people both domestic and international.

Course Outcomes:
  • ADR mechanism and its comparison with traditional litigation
  • Various ADR techniques in practice and the difference between them
  • Practical procedures for various ADR techniques
  • Interface between domestic and international space in context of various ADR techniques
Course Details:

Target Audience


  • Legal Consultants and Advisors

  • Lawyers

  • Law Students and Researchers

  • Other Stakeholders Interested in Alternative Dispute Mechanisms


You do not have to be a lawyer to take this course.

Access Timeframe

6 Months

Prerequisites

There are no prerequisites for this course.
Certificate Info:

Type of Certification

Certificate of Achievement

Format of Certification

Digital

Professional Association/Affiliation

LawSkills & Manupatra

Method of Obtaining Certification

Learners must attempt the exam at the end of the course and secure at least 50% marks to obtain the course certificate. Upon meeting these requirements, the certificate will be printable on demand.

Course Outline

  • ADR, meaning, types of ADR
  • Scope and importance of ADR
  • Role of professionals in ADR
  • Difference between court litigation and ADR
  • Arbitration and its yypes
  • Arbitration process based on procedural rule
  • Domestic and international arbitral institutions
  • Arbitration process based on choice of parties
  • Application of arbitration depending on forum and nature of disputes
  • Arbitration agreement and arbitrability
  • Case studies
  • Arbitration and conciliation act
  • Salient features and advantages of the act
  • Other law applicable to arbitration act
  • Law on arbitration read with Indian Contract Act, Companies Act and IT Act
  • Case study on deciding appropriate method of dispute resolution
  • Arbitration agreement and arbitration clause
  • Drafting arbitration agreement
  • Fundamentals of the arbitral process
  • Interim measures
  • Appointment of arbitrators
  • Neutrality, rights, duties, termination of mandate and substitution of an arbitrator
  • Arbitration process
  • Proceedings and decision of the arbitral award
  • Grounds on which arbitral award may be down or invalidated under Section 34
  • Practical aspect of arbitration, conciliation and mediation
  • Case studies on arbitration, mediation and conciliation
  • Mediation and types of mediation proceedings
  • Conciliation and role of conciliator
  • Mediation and conciliation, comparative analysis and landmark cases
  • Practical aspect of arbitration, conciliation and mediation
  • Case studies on arbitration, mediation and conciliation
  • Mediation and types of mediation proceedings
  • Conciliation and role of conciliator
  • Practical application of ADR methods
  • Chartered accountants and arbitrations
  • Architects, construction law and arbitration
  • Sample arbitration clauses used in construction disputes
  • Financial law and arbitration
  • Intellectual property law and arbitration
  • Family law and arbitration
  • Business law and arbitration
  • Labour and industrial disputes and arbitration
  • Environmental disputes and arbitration
  • Competition law and arbitration
  • Domain name disputes and arbitration
  • Logistic sector disputes and arbitration
  • Insurance sector disputes and arbitration
  • Case laws and case studies
  • Client counselling
  • Negotiation and mediation skills
In this module, sample arbitration agreements and clauses are given. Also, a format of an arbitral award is given.

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