3-Year LL.B. · Semester V

V: Paper-IV: Alternative Dispute Resolution

Structured subject study centre with syllabus, unit-wise notes, quick references, important statutes and charts.

Subject introduction

Alternate Dispute Resolution (ADR): This practical-heavy subject focuses on non-judicial mechanisms for resolving legal disputes efficiently outside traditional courtrooms. It covers theoretical foundations and statutory procedures under the Arbitration and Conciliation Act, 1996, alongside institutional mechanisms like Lok Adalats, family courts, mediation, negotiation, and conciliation, supported by mandatory simulation exercises and observational records.

Syllabus

PAPER - IV

ALTERNATE DISPUTE RESOLUTION (Written examination for 50 Marks; remaining 50 Marks for record and viva voce)

Unit-I: Alternate Dispute Resolution - Characteristics, Advantages and Disadvantages, Unilateral, Bilateral, Triadic (Third Party) Intervention, Negotiation, Conciliation, Arbitration, Distinction between Arbitration, Conciliation and Negotiation.
Unit-II: The Arbitration and Conciliation Act, 1996 - Historical Background and Objectives of the Act, Definitions of Arbitration, Arbitrator, Arbitration Agreement, Appointment of Arbitrator, Termination of Arbitrator, Proceedings in Arbitral Tribunal, Termination of Proceedings, Arbitral Award, Setting aside of Arbitral Award, Finality and Enforcement of Award, Appeals, Enforcement of Foreign Awards, Conciliation - Appointment of Conciliators, Powers and Functions of Conciliator, Procedure, Settlement of disputes through conciliation.
Unit-III: Other Alternative Dispute Resolution Systems - Tribunals, Lokpal and Lokayukta, Lok Adalats, Family Courts, Section 89 and Order X, Rules 1A, 1B and 1C of Civil Procedure Code.
Practical Exercises (30 Marks): Participation in 5 simulation proceedings (Arbitration, Conciliation, Mediation, and Negotiation) and attendance/observation of Lok Adalats, Family Courts, and Tribunals recorded in a diary.
Viva-voce (20 Marks): Board evaluation including college principal/teacher, University representative, and a senior advocate.
Suggested Readings:
1. O.P. Tiwari: The Arbitration and Conciliation Act, Allahabad Law Agency.
2. Johar's: Commentary on Arbitration and Conciliation Act, 1996, Kamal Law House.
3. Tripathi S.C.: Arbitration, Conciliation and ADR, Central Law Agency, Allahabad.
4. Avatar Singh: Arbitration and Conciliation, Eastern Law Book House, Lucknow.
5. P.C. Rao: Alternate Dispute Resolution, Universal Book Traders, New Delhi.
6. S.D. Singh: Alternate Dispute Resolution, Universal Book Traders, New Delhi.