Alternative Dispute Resolution – LIVE

The Certificate Course aims to develop the skills required to deal with the legal and practical aspects related to regulating the ADR regime in India. The program aims to provide practical knowledge pertaining to ADR field and various requirements under diverse statutes.

Week 1: Introduction to ADR

Module 1.1: Understanding ADR

• Definition and Importance
• History and Evolution of ADR
• ADR vs. Traditional Litigation

Module 1.2: Types of ADR Mechanisms

• Mediation
• Arbitration
• Conciliation
• Negotiation

Module 1.3: ADR in the Indian Context

• Overview of ADR Mechanisms in India
• Relevant Legislation (Arbitration and Conciliation Act, 1996; Legal Services
  Authorities Act, 1987)

Drafting Work:

• Draft a simple ADR clause for a hypothetical contract, specifying the preferred
  method of ADR and key terms.

Assignments:

• Read introductory materials and relevant sections from the Arbitration and
  Conciliation Act, 1996.
• Short quiz on types and importance of ADR.

Week 2: Mastering Mediation and Conciliation

Module 2.1: Mediation Process

• Definition and Objectives
• Mediation Techniques and Stages
• Role of a Mediator

Module 2.2: Conciliation Process

• Definition and Objectives
• Differences between Mediation and Conciliation
• Role of a Conciliator

Module 2.3: Practical Aspects

• Drafting Mediation and Conciliation Agreements
• Case Studies and Role Plays

Drafting Work:

• Draft a Mediation Agreement including terms for the mediation process,
  confidentiality, and resolution.
• Draft a Conciliation Agreement specifying the process, role of the conciliator,
  and terms of resolution.

Assignments:

• Create a sample mediation agreement.
• Participate in a role-play scenario to practice mediation techniques.

Week 3: Navigating Arbitration

Module 3.1: Arbitration Basics

• Definition and Types of Arbitration
• Arbitration Agreement and Procedure
• Role of an Arbitrator

Module 3.2: Arbitration in India

• Key Provisions of the Arbitration and Conciliation Act, 1996
• Institutional vs. Ad-Hoc Arbitration
• Enforcement of Arbitration Awards

Module 3.3: Practical Skills

• Drafting Arbitration Clauses
• Preparing for an Arbitration Hearing
• Case Study Analysis

Drafting Work:

• Draft an Arbitration Clause including key elements such as arbitration venue,
  rules, and selection of arbitrators.
• Draft a sample Arbitration Agreement detailing the arbitration procedure and
  terms.

Assignments:

• Draft an arbitration clause for a sample contract.
• Analyze a case study involving arbitration.

Week 4: Negotiation and Practical Application

Module 4.1: Negotiation Techniques

• Fundamentals of Negotiation
• Strategies and Tactics
• Role of a Negotiator

Module 4.2: Integrating ADR Mechanisms

• Combining Mediation, Conciliation, and Arbitration
• ADR in Different Types of Disputes (Commercial, Family, etc.)

Module 4.3: Final Project

• Comprehensive ADR Case Study
• Mock ADR Session (Mediation, Arbitration, or Negotiation)

Drafting Work:

• Draft a Negotiation Agreement outlining the terms of the negotiation,
  objectives, and resolution strategies.
• Prepare a detailed ADR Plan for a case study, incorporating mediation,
  conciliation, and arbitration as appropriate.

Assignments:

• Participate in a mock ADR session.
• Submit a final project based on the case study provided, including all drafted
  documents.

Course Objectives:
Participants will demonstrate the following skills through successful completion of all required
coursework and assignments:

• Comprehensive understanding of Alternative Dispute Resolution and its Mechanism.
• Compare and contrast the differences between Alternative Dispute Resolution and
• Explain the functions of a mediator, conciliator, negotiator, and arbitrator.
• Explain the combination of drafting with ADR mechanism.
• Combination of different ADR mechanisms.

Course Features:

• Interactive Videos: Engaging content with real-world examples.
• Live Webinars: Weekly Q&A sessions with experts.
• Templates & Tools: Downloadable resources for drafting and practice.
• Discussion Boards: Collaborate with peers and get feedback.

Assessment:

• Weekly Quizzes: Fun and interactive quizzes.
• Drafting Tasks: Practical exercises for real-world application.
• Final Project: Comprehensive ADR plan with all drafted documents.

Certificate

This is the certificate you will receive upon completion of the course: