ADR
Lesson Plan
Name of the course teacher : Jayashree
Sub : Alternative Dispute Resolution System
Class : IV Sem. / 3years LLB
Marks : 60 Marks – Theory
40 Marks – Practicals
The division of marks for course IV – Clinical Course – II. Alternative Dispute Resolutions Systems is as follows :
|
S.No. |
Particulars |
Max. Marks |
|
|
1 |
End semester examination |
60 marks |
|
|
2 |
Internal Assessment |
40 Marks |
|
|
a) |
Negotiation – Mediation |
10 Marks |
|
|
b) |
Arbitration & Conciliation |
10 Marks |
|
|
c) |
Counseling |
10 Marks |
|
|
d) |
Seminar |
05 Marks |
|
|
e) |
Viva Voce |
05 Marks |
|
- Student shall attend and observe the proceedings before any one of the authorities.
- Office of Labour Commissioner
- Lok-Adalat
- Mediation Center
- Family Court
|
Topic |
PB1 |
PB2 |
RB1 |
RB2 |
No. of Classes |
|
Unit - I |
|
|
|
|
04 |
|
General : Different methods of dispute resolution |
- |
43 |
|
|
|
|
Distinct features of ADRS - Inquisitorial and Adversarial method, other methods |
|
47-52 |
|
|
|
|
Advantages and disadvantages of ADR
Meaning of ADRS and difference between inquisitorial and adversarial method |
96 102
50-56 & 57-58 |
56-68 |
|
|
|
Topic |
PB1 |
PB2 |
RB1 |
RB2 |
No. of Classes |
|
Unit – II |
|
|
|
|
03 |
|
Arb & Con Act, 1996 |
|
|
|
|
|
|
History |
|
|
|
|
|
|
International Commercial Arbitration |
|
|
|
|
|
|
Scope of Arbitratiion |
|
|
|
|
|
|
Salient features of Arb & Conc Act. 1996 |
|
|
|
|
|
|
Main Objectives of Arb & Conc Act. 1996 |
|
|
|
|
|
|
Concluding Observation |
|
|
|
|
|
|
Part – I Chapter – I |
|
|
|
|
05 |
|
Definition of Arbitration |
|
|
33-36 |
|
|
|
Different authors |
|
|
|
|
|
|
Types of Arbitration |
|
|
|
|
|
|
Arbitration Agreement |
|
37-43 |
|
|
|
|
Essential Ingredients |
|
|
|
|
|
|
Case Laws |
|
|
|
|
|
|
Meaning of Arbitration |
|
96 |
|
|
|
|
Attributes of Arbitration |
|
98 |
|
|
|
|
General Principles of Arbitration |
|
103 |
|
|
|
|
Different kinds of Arbitration |
|
103 |
|
|
|
|
Qualities and Qualification of Arbitration |
|
129 |
|
|
|
|
Arbitration agreement and its drafting |
|
172 189 |
|
|
|
|
Arbitral award |
|
204 |
|
|
|
|
Chapter – II |
|
|
|
|
03 |
|
Arbitration agreement |
|
|
65-69 |
|
|
|
Interim measures by court |
|
|
78 |
|
|
|
Chapter – III |
|
|
|
|
02 |
|
Composition of Arbitral |
|
|
|
|
|
|
Number & Appointment of Arbitration |
|
|
81 |
|
|
|
Ground of challenge |
|
|
|
|
|
|
Challenge procedure |
|
|
91-96 |
|
|
Topic |
PB1 |
PB2 |
RB1 |
RB2 |
No. of Classes |
|
Chapter – IV |
|
|
|
|
|
|
Jurisdiction of Arb |
|
|
100 |
|
|
|
Tribunal |
|
|
103 |
|
|
|
Chapter – V |
|
|
|
|
03 |
|
Conduct of Arbitral proceedings |
|
|
|
|
|
|
Powers and duties of Arbitral Proceedings |
|
|
105 117 |
|
|
|
Powers and duties of Arbitral Proceedings |
|
|
105 117 |
|
|
|
Chapter – VI |
|
|
|
|
03 |
|
Form and content of Arbitral award |
|
|
129 |
|
|
|
Termination of proceedings |
|
|
138 |
|
|
|
Correction and Interpretation of award |
|
|
140 |
|
|
|
Additional award |
|
|
142 |
|
|
|
Chapter – VII |
|
|
|
|
02 |
|
Recourse against arbitral award |
|
|
143-153 |
|
|
|
Chapter – VIII |
|
|
|
|
03 |
|
Finality and Enforcement of arbitral award |
|
|
155-157 |
|
|
|
Chapter – IX |
|
|
|
|
05 |
|
Appeal |
|
|
158 |
|
|
|
Arbitration agreement not be discharged by death of party thereto |
|
|
160 166 |
|
|
|
Part – II |
|
|
|
|
05 |
|
Enforcement of foreign awards |
|
|
|
|
|
|
New York conventional award |
|
|
182-188 |
|
|
|
General Conventional award |
|
|
190-195 |
|
|
|
Part – II |
|
|
|
|
06 |
|
Conciliation |
|
|
|
|
|
|
Commencement of conciliation proceedings |
|
|
199 |
|
|
|
Number and appointment of conciliator |
|
|
200 |
|
|
|
Powers and duties of conciliator |
|
|
201-206 |
|
|
|
Termination of conciliation proceedings |
|
|
206 |
|
|
Topic |
PB1 |
PB2 |
RB1 |
RB2 |
No. of Classes |
|
Unit – III |
|
|
|
|
06 |
|
Conciliation |
|
|
|
|
|
|
Meaning |
228 |
|
|
|
|
|
Different kinds of conciliation |
230 |
|
|
|
|
|
Voluntary and compulsory |
231 |
|
|
|
|
|
Qualities of a conciliator |
232 |
|
|
|
|
|
Duties of conciliator |
234 |
|
|
|
|
|
Role of conciliator |
238 |
|
|
|
|
|
Stages of conciliator |
247 |
|
|
|
|
|
Procedure |
248 |
|
|
|
|
|
Conc-I D Act, 1947 |
270 278 |
|
|
|
|
|
Conc-Family Court Act, 1984 |
281 |
|
|
|
|
|
Conc-H.M. Act, 1955 |
283 |
|
|
|
|
|
Unit – IV |
|
|
|
|
02 |
|
Negotiation |
|
|
|
|
|
|
Need for negotiation |
|
|
|
|
|
|
Meaning of negotiation |
162 |
|
|
|
|
|
Essentials and characteristics of negotiation |
175 |
|
|
|
|
|
Essentials skills of negotiator |
164 |
|
|
|
|
|
Powers to negotiate |
166 |
|
|
|
|
|
Different styles of negotiation |
|
|
|
|
|
|
Co-operative style |
|
|
|
|
|
|
Competitive style |
|
|
|
|
|
|
Different approaches to negotiation |
164 166 |
|
|
|
|
|
Advoidance |
|
|
|
|
07 |
|
Accommodator |
|
|
|
|
|
|
Competitor |
|
|
|
|
|
|
Compromises |
|
|
|
|
|
|
Collaborator |
|
|
|
|
|
|
Summary |
|
|
|
|
|
|
Phases of negotiation |
163 |
|
|
|
|
|
Other methods both formal and informal Arb, Conc, Med & Neg |
|
72-75 |
|
|
|
Topic |
PB1 |
PB2 |
RB1 |
RB2 |
No. of Classes |
|
Unit – V |
|
|
|
|
05 |
|
Mediation |
|
|
|
|
|
|
Meaning of Mediation |
|
|
|
|
|
|
Why Mediation |
|
|
|
|
|
|
Advantages of Mediation |
233 |
|
|
|
|
|
Essential Characteristics of mediation process |
270 |
|
|
|
|
|
Essential Character of mediation |
|
|
|
|
|
|
Total |
|
|
|
|
64 |
Note :
PB1 : Madhubhusi Sridhar, Alternative Dispute Resolution, Negotiation
and Mediation
PB2 : R. D. Rajan – A primer on ADR
RB1 : Dr. N. V. Paranjape, , Alternative Dispute Resolution,
RB2 : D. K. Sampath Kumar, Mediation
Other Books :
Avatar Singh
Course Teacher Sign :
Principal Message
Dear Student, I am glad to invite you to the K. L. E Society’s Law College at Bangalore. The college has always stood as a charioteer for the noble objectives of the K. L. E. Society. In particular, the college has been making sincere efforts to produce committed and efficient professionals thereby contributing to the growth of the legal system in the country. Continuous honors received by the media like India Today, The Week, Lawyers Update etc as the top law college of the country stands testimony for the same. This success has been possible by the tiresome and dedicated efforts of the qualified and experienced teaching staff, guest faculty and the ever valuable assistance of the administrative staff. Added to this are the curricular and extra-curricular activities of the college that ensures joy and development of your personality, I am sure, you will be extremely satisfied with your decision to join this institution. I am proud to place it on record that with the continuous assistance and guidance of Dr. Prabhakar B. Kore, the Chairman and the members of the Board of management of K. L. E. Society and the College Governing Council, the college team of the staff and students could make an impact on the society. We strongly believe in "there is no substitute for hard work”. The work!!, “More you work more you develop your ability to work.!” But of course, work without vision is a journey without direction. A warm welcome to you! Join us to work with vision! Dr. J.M. Mallikarjunaiah B.A, B.Ed., LLM, Ph.D Principal