ADR Course Outline For 4th Year Students (2021 Batch)
ADR Course Outline For 4th Year Students (2021 Batch)
Code : 110839
Session : 2024-2025
Alternative Dispute Resolution (hereinafter referred to as ‘ADR’) mechanisms encompasses a wide array
of informal dispute resolution systems for settling disputes between parties outside the conventional
system of courts. The key object of ADR is to avoid delay, vexation, expenses and promotion of access to
justice. ADR has gained attention of the Indian legal system owing to the humongous pendencies before
the traditional courts. Ever since the amendment of the Code of Civil Procedure, 1908 which took effect
in 2002, there has been a consistent effort in India to explore ADR mechanisms owing to its potential of
efficient and speedy redressal with minimal rigors of law. Thus, developing skills in this regard at present
have become quintessential for budding lawyers of the 21st century to administer ADR processes in the
course of their professional journey.
Given this background, this course comes with twofold objectives. Firstly, the course will cover the
theoretical aspects of ADR focusing on arbitration, mediation, conciliation, negotiation, hybrid
mechanisms as well as new and emerging areas like online dispute resolution mechanisms. Secondly, the
course shall train the students with the requisite practical skills required to administer ADR processes
through simulation exercises.
1. Identify the nature of dispute and the limitations of the traditional judicial systems to provide an
effective mechanism for its resolution.
2. Compare and contrast the strengths and weaknesses of different ADR mechanisms and identify
the best mechanism that can be leveraged for the dispute at hand.
3. Understand the styles and techniques that can be used during mediation or negotiation to achieve
the best alternative to a negotiated agreement (BATNA); what is the worst alternative to
negotiated agreement (WATNA); and what is the most likely alternative to a negotiated agreement
(MLATNA).
4. Solve problems and disputes amicably through appropriate ADR mechanisms and encourage
people to use ADR.
III. Programme Outcomes
Common Programme Outcome of the B.A., LL.B. Programme (to be provided by the university
authorities)
V. Curriculum
1. 222nd Law Commission of India Report on Need for Justice Dispensation through ADR
2. Dr. Shirley A. Shipman et. al., Brown & Marriott’s ADR Principles and Practice 1-43 (Thomson
Reuters 2018)
3. Frank E.A. Sander and Stephen B. Goldberg, Fitting the Forum to the Fuss: A User-Friendly
Guide to Selecting an ADR Procedure, 10 NEGOT. J. 49 (January 1994)
4. Justice R.V. Raveendran, Section 89 CPC: Need for an Urgent Relook, (2007) 4 SCC J-23
5. Sriram Panchu, Recasting Section 89 CPC- Afcons Infrastructure Ltd. v. Cherian Varkey
Construction Co. (P) Ltd. (2011) 4 SCC J-16
Cases:
1. Salem Advocate Bar Assn. v. Union of India, (2003) 1 SCC 49.
2. Salem Advocate Bar Assn. (2) v. Union of India, (2005) 6 SCC 344.
3. Afcons Infrastructure Ltd. and Anr. v. Cherian Varkey Construction Co. (P) Ltd. and Ors., (2010)
8 SCC 24.
Unit 2: Negotiation
This unit shall delve into the process of negotiation and how leveraging of effective analytical skills and
strategies plays a quintessential role in ensuring the ADR process remains effective. Through this unit, an
understanding of the essential problem-solving skills, tactics of negotiation, practices followed in the
course of the negotiation process, types, principles and practices of negotiation shall also be discussed
along with the qualities that a good negotiator must possess.
Readings:
1. Garry Goodpaster, A Primer on Competitive Bargaining, 1996 J. Disp. Resol. (1996)
2. Nadja Alexander and Jill Howieson, Negotiation: A How to Guide 19-102 (LexisNexis 2015)
3. Roger Fisher and William Ury, Getting to Yes 3-145 (Random House Business Books 2012)
Unit 3: Mediation
This unit shall discuss the most prevalent and sought-after ADR mechanism and shall provide an
understanding as to why it is regarded as ‘assisted negotiation’. Further, it shall also cover the recent
developments in India and delve into scenarios where mediation can be leveraged effectively for
resolution of disputes.
3.1. Mediation:
3.1.1. Definition, Meaning and Characteristic Features of Mediation
3.1.2. Models of Mediation
3.1.3 Stages Involved in a Mediation Process
3.1.4. Mediation Ethics and Code of Conduct for Mediators
3.1.5 Role and Qualities of Mediators
3.1.6. Reasons for Failure of Mediation
3.2. Legal Framework Governing Mediation
3.2.1.UNCITRAL Model Law on International Commercial Mediation and International Settlement
Agreements Resulting from Mediation, 2018
3.2.2. Legal Framework in India governing Mediation
(a) Civil Procedure Mediation Rules: An Overview
(b) Compulsory Pre-Institution Mediation under Section 12A of Commercial Courts Act, 2015 along
with Draft Amendment Bill,2024 provision
(c) Mediation Act, 2023: An Overview
(d) Arbitration and Conciliation (Amendment) Bill, 2024
3.10. Drafting a Mediation Settlement Agreement: A Practical Workshop
3.11. Simulation Exercise
Readings:
1. UNCITRAL Model Law on International Commercial Mediation and International Settlement
Agreements Resulting from Mediation, 2018
2. Mediation Act, 2023 Act No. 32 of 2023
3. Anirban Chakraborty and Shuvro Prosun Sarker, Resolving Dispute with Healing Effect: The
Practice of Mediation in India, Brazilian Journal of Public Policy 2023 Vol. 13 Issue 2.
4. Atish Chakraborty, Law of Arbitration and Alternative Dispute Resolution 17-37 (Kamal Law
House 2022)
5. Leonard L. Riskin, Understanding Mediators' Orientations, Strategies, and Techniques: A Grid
for the Perplexed, 1 Harv. Negot. L. Rev. 7 (1996)
6. Mediate, Don’t Litigate: CJI DY Chandrachud’s Message to Union Govt to ‘Declog’ Courts,
Available at
https://www.livelaw.in/top-stories/chief-justice-of-india-cji-dy-chandrachud-mediate-do-not-litiga
te-226382
Cases:
1. Rama Agarwal v. PIO, Delhi State Legal Services Authority, CIC/SA/A/2015/000305 (Decided
on August 08,2015)
2. Crompton Greaves Ltd. v. Annapurna Electronics, 2015 SCC OnLine Kar. 5906
3. Perry Kansagra v. Smriti Madan Kansagra, (2019) 20 SCC 753
4. Sanjeevkumar Harakchand Kankariya v. Union of India & Ors., 2024 SCC OnLine SC 3811
Unit 4: Arbitration
This unit provides for an introduction to the concept of arbitration, the process, different kinds of awards
and its enforcement. Further, concepts of party autonomy and its limitations shall be discussed along with
an understanding of how arbitration clauses in a contract are usually drafted.
Readings:
1. Arbitration and Conciliation Act, 1996 along with the Arbitration and Conciliation (Amendment)
Bill, 2024
2. Nigel Blackby KC et. al., Redfern and Hunter on International Arbitration 1.19- 1.111 (Oxford
University Press 2022)
3. Dushyant Dave et. al. (eds.), Arbitration in India 15-47 (Kluwer Law International 2021)
4. Dipen Sabharwal KC et. al., Keeping up with the times: The Government of India proposes new
arbitration law reforms, Available at
https://www.whitecase.com/insight-alert/keeping-times-government-india-proposes-new-arbitrati
on-law-reforms#:~:text=The%202024%20Draft%20Bill%20proposes%20to%20streamline%20a
nd%20increase%20the,objections%20as%20a%20preliminary%20issue.
5. Harshad Pathak, Dealing in Gender: Implicit Biases and Arbitrator Appointments, JILS, Vol. 14
(1) [Monsoon (2023)]
Cases:
Readings:
Book Chapters and Articles
1. Akshetha Ashok and Pranjal Sinha, Mediation and Technology in Nisshant Laroia et. al. (eds.)
Mediation Simplified: An Interactive Workbook 251-274 (Oakbridge Publishing Private Limited
2023)
2. Vikrant Rana, Nihit Nagpal and Avik Gopal, Harnessing the power of Artificial Intelligence in
Arbitration: A Comprehensive Analysis of Indian Jurisprudence. Available at-
https://www.barandbench.com/law-firms/view-point/artificial-intelligence-arbitration-analysis-in
dian-jurisprudence
3. Aranya Chatterjee and Sharique Uddin, Online Dispute Resolution: An Effective Mechanism and
An Alternative Tool for Justice at a Reasonable Time, Arbitration: The International Journal of
Arbitration, Mediation and Dispute Management, Vol. 87 Issue 4 (2021) 529-549
4. Niti Aayog Expert Committee on ODR, Designing the Future of Dispute Resolution: The ODR
Policy Plan for India. Available at-
https://www.niti.gov.in/sites/default/files/2023-03/Designing-The-Future-of-Dispute-Resolution-
The-ODR-Policy-Plan-for-India.pdf
Textbooks/Reference Books
A. Textbooks
1. Dr. Shirley A. Shipman et. al., Brown & Marriott’s ADR Principles and Practice (Thomson
Reuters 2018)
2. Nadja Alexander and Jill Howieson, Negotiation: A How to Guide (LexisNexis 2015)
3. Roger Fisher and William Ury, Getting to Yes (Random House Business Books 2012)
4. Atish Chakraborty, Law of Arbitration and Alternative Dispute Resolution (Kamal Law House
2022)
5. Nigel Blackby KC et. al., Redfern and Hunter on International Arbitration (Oxford University
Press 2022)
6. Dushyant Dave et. al. (eds.), Arbitration in India (Kluwer Law International 2021)
7. Akshetha Ashok and Pranjal Sinha, Mediation and Technology in Nisshant Laroia et. al. (eds.)
Mediation Simplified: An Interactive Workbook (Oakbridge Publishing Private Limited 2023)
1. Albert Fiadjoe, Alternative Dispute Resolution: A Developing World Perspective (Routledge
Cavendish 2006)
2. Jean Claude Goldsmith and Gerald Pointon (eds.), ADR in Business: Practice and Issues across
Countries and Cultures (Kluwer Law International 2005)
3. William Ury, Getting Past No: Negotiating With Difficult People (Penguin 2014)
4. Anirban Chakraborty, Law & Practice of Alternative Dispute Resolution in India (LexisNexis
2016)
5. Mallika Taly, Arbitration Law- A Primer (Eastern Book Company 2011)
6. Mallika Taly, Introduction to Arbitration (Eastern Book Company 2015)
7. Anirudh Wadhwa and Anirudh Krishnan, Justice R.S. Bachawat’s Law of Arbitration and
Conciliation (LexisNexis 2017)
8. Anuroop Omkar and Kritika Krishnamurthy, The Art of Negotiation and Mediation-Wishbone,
Funnybone and Backbone (LexisNexis 2021)
9. Sriram Panchu, Mediation-Practice and Law (The Path to Successful Dispute Resolution)
(LexisNexis 2021)
10. Saurabh Bindal & R.V. Prabhat, Arbitration and Conciliation A Commentary (Eastern Book
Company 2021)
11. Iram Majid, Mediation: Theory to Practice (Thomson Reuters 2022)
12. Jacob Bercovitch, Theory and Practice of International Mediation (Routledge 2011)
13. P.C. Markanda et. al., Law Relating to Arbitration and Conciliation (LexisNexis 2022)
14. Indu Malhotra, Malhotra’s Commentary on the Law of Arbitration (Law & Justice Publishing Co.
2023)
15. Sam Luttrell, Bias Challenges in International Commercial Arbitration (Kluwer Law
International 2009)
16. Anirudh Krishnan (Ed.), Commercial Dispute Resolution-State of Law in India (LexisNexis
2024)
Apart from these, various case laws, articles and book chapters relevant to classroom discussions will be
made available by the course teacher to the students from time to time during the course of the semester.
Lecture Plan
Topic Unit Pedagogy Reading Material Lecture
No.
1 Based on lecture Book Chapters, Reports and Articles 1-10
and interactive
1. 222nd Law Commission of India Report on Need for
discussions. Justice Dispensation through ADR
2. Dr. Shirley A. Shipman et. al., Brown & Marriott’s ADR
Principles and Practice 1-43 (Thomson Reuters 2018)
3. Frank E.A. Sander and Stephen B. Goldberg, Fitting the
Forum to the Fuss: A User-Friendly Guide to Selecting an
ADR Procedure, 10 NEGOT. J. 49 (January 1994)
4. Justice R.V. Raveendran, Section 89 CPC: Need for an
Urgent Relook, (2007) 4 SCC J-23
5. Sriram Panchu, Recasting Section 89 CPC- Afcons
Infrastructure Ltd. v. Cherian Varkey Construction Co. (P)
Ltd. (2011) 4 SCC J-16
Cases:
exercises. 3. Roger Fisher and William Ury, Getting to Yes 3-145
(Random House Business Books 2012)
https://www.livelaw.in/top-stories/chief-justice-of-india-cji
-dy-chandrachud-mediate-do-not-litigate-226382
Cases:
1. Rama Agarwal v. PIO, Delhi State Legal Services
Authority, CIC/SA/A/2015/000305 (Decided on August
08,2015)
2. Crompton Greaves Ltd. v. Annapurna Electronics, 2015
SCC OnLine Kar. 5906
3. Perry Kansagra v. Smriti Madan Kansagra, (2019) 20
SCC 753
4. Sanjeevkumar Harakchand Kankariya v. Union of India &
Ors., 2024 SCC OnLine SC 3811
Cases:
https://www.barandbench.com/law-firms/view-point/artific
ial-intelligence-arbitration-analysis-indian-jurisprudence
https://www.niti.gov.in/sites/default/files/2023-03/Designin
g-The-Future-of-Dispute-Resolution-The-ODR-Policy-Pla
n-for-India.pdf