ALTERNATIVE DISPUTE RESOLUTION (Clinical Legal Education-2) Paper - V

5040 ALTERNATIVE DISPUTE RESOLUTION

(Clinical Legal Education-2)

Paper - V

Unit-1: Judicial dispute resolutions: Characteristics, Operating Principles, Party participation and Control, Short focus on issue, Reasoned Decision, Finality, Adversary Process, What course do and do not do effectively? Advantages and Disadvantageous of such resolution.

Unit-2: Alternative dispute resolution: Alternative to formal adjudication Techniques processes, Unilateral - Bilateral - Triadic (Third party) Intervention, Advantages - Limitations, Distinction between arbitration - conciliation and negotiation, Distinction between judicial. settlement and alternative dispute resolution.

Unit-3: Self-help, avoidance and limping, Negotiation, mediation, Conciliation, Arbitration;

Distinction between, Alternate models of dispute resolutions: Role of Panchayat, Role of Grama

Sabhas, Lokpal, Lakayukta, Lok Adalats, Family Courts. Unit-4: The Arbitration and Conciliation Act, 1996, Background of the Act. Definitions of "Arbitration". "Arbitrator", Arbitration Agreement", Appointment of "Arbitrator", grounds for

changing the arbitrator, terminator of Arbitrator.

Unit-5: Proceedings in arbitral tribunals and enforcement of awards, Arbitral Award Termination of Proceedings, Setting aside of arbitral award, Finality and Enforcement, Appeals, Enforcement of foreign awards, New York and Geneva Convention Awards. Unit-6: Section 89 and O-10, R-1-AB and C of CPC Conciliation, Meaning and definition

conciliation agreement, appointment of conciliator, powers and function of conciliator,

techniques of successful conciliation proceedings, enforceability. Unit-7: Other Alternative modals of dispute resolution, Family Courts, Family Courts Act, 1984, family council ling techniques, Tribunals, Motor Accent Tribunals, MV Act, relevant provisions, Administrative Tribunals, Consumer Forms.

Unit-8: Legal Services Authority. Unit-9: Role of N.G.Os in dispute resolutions.

Books Recommended:

1. O.P. Tiwari: The Arbitration and Conciliation Act (2nd Edition): Allahabad Law Agency.

2. Johar's: Commentary on Arbitration and Conciliation Act, 1996: Kamal Law House.

3. Acharya N.K.: Asia Law House, Hyderabad.

4. Tripathi S.C.: Central Law Agency, Allahabad.

5. Avatar Singh: Arbitration and Conciliation, Eastern Law Book House, Lucknow.

6. Murthy KKSR: Gogia Law Agency, Hyderabad.

7. P.C. Rao Alternate Dispute Resolution 2001 Ed. Universal Book Traders, New Delhi.

8. S.D. Sing: Alternate Dispute Resolution 2001 Ed. Universal Book Traders, New Delhi.

Note: There shall be a University written examination on this paper for 50 marks, 35 marks for record and viva voce examination carrying 15 marks at the college level. The candidate shall get a minimum 20 marks at examination and 20 marks at college level to get aggregate of 40 percent.