Alternate
Dispute
Resolution
For
MJPRU / GJUM / CCSU / MSU / Others
Podcasts Availability:
From 5 October to 19 October
Unit I: Foundations of Alternate Dispute Resolution (ADR)
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Development, Meaning, Objectives, Advantages, and Historical Context of ADR System
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ADR in International and National Context - An Overview
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Nature, Scope, and Importance of Various ADR Mechanisms
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Distinction between Traditional Litigation and ADR
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Overview of Key ADR Types: Arbitration, Conciliation, Mediation, Negotiation, Lok Adalats
Unit II: The Legal Framework of Arbitration and Conciliation
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The Arbitration and Conciliation Act, 1996: Object, Development, and Salient Features
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Significant Amendments to the Act: Arbitration and Conciliation (Amendment) Act, 2015 and subsequent developments (e.g., 2021 Bill)
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Rule-Making Powers of High Courts and Central Government pertaining to Arbitration and Conciliation
Unit III: Arbitration: Process and Proceedings
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Arbitration: Definition, Nature, Sources, Kinds, Scope, and Differences from Court Proceedings
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Arbitration Agreement: Essentials, Form, Parties, Validity
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Composition of Arbitral Tribunal: Appointment of Arbitrators, Qualifications, Grounds for Challenge
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Jurisdiction of Arbitral Tribunal: Competence-Competence Principle
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Conduct of Arbitral Proceedings: Procedure, Principles of Natural Justice, Evidence, Interim Measures
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Making of Arbitral Award: Form, Content, Settlement
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Termination of Arbitral Proceedings
Unit IV: Arbitral Awards: Challenge, Enforcement, and International Aspects
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Recourse against Arbitral Award: Grounds for setting aside an award
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Finality and Enforcement of Domestic Arbitral Awards
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Appeal and Revision Mechanisms related to Arbitral Awards
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Foreign Awards: Recognition and Enforcement under New York Convention and Geneva Convention Awards
Unit V: Conciliation, Mediation, and Negotiation
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Conciliation: Application, Scope, Commencement of Proceedings
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Appointment and Role of Conciliators
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Submission of Statement to Conciliators, Communication between Conciliator and Parties
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Settlement Agreement in Conciliation, Termination of Conciliation Proceedings, Costs and Deposits
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Mediation: Definition, Process, Role of Mediator, Principles
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Negotiation: Principles, Strategies, and Practical Skills (including simulated learning approaches)
Unit VI: Other ADR Mechanisms and Practical Applications
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Lok Adalats: Organization, Cognizance of Cases, Awards, and Powers
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Permanent Lok Adalats: Structure and Functions
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Specialized and Modern ADR Types: Mini-Trial, Judicial Settlement, Fast Track Arbitration, Final Offer Arbitration, Multi-door Court House, Online Dispute Resolution (ODR), Family Settlements, Mid Arb, Medola, Summary Trials
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Practical Application through Case Studies in Arbitration and Conciliation
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