The book prepared according to following syllabus Question-Answer Format in Hindi Medium.
PAPER 2.8. MEDIATION, CONCILIATION AND ARBITRATION
SCHEME OF PAPER: MAX. MARKS: 100 MIN. PASS MARKS: 36
1. Written Paper (Part – A) — 80 marks There shall be ten questions in the examination paper, two questions from each unit. The candidate is required to attempt five questions, one question from each unit is compulsory. All questions carry equal marks.
2. Practical Paper (Part – B ) shall consist of total 20 Marks: Project Work (With Viva-Voce) [To be evaluated by one Internal and External Examiner] — 20 marks Project/Assignment: 10 marks Presentation: 10 marks
Practical Contents: Practical exercises may be devised to train students in developing crucial communication and negotiation skills, including summarizing of facts, neutral reframing, identification of issues, formulating objective criteria, conducting reality checks, assessing alternatives etc.
3. The candidate must pass in Parts A& B separately. For passing, he shall be required to obtain 36 percent marks in each part, i.e. 29 marks out of 80 and 07 marks out of 20 marks. 4. The prescribed syllabus includes latest amendments and relevant judgments in the subject wherever applicable.
OBJECTIVES OF THE COURSE: For the overall development of the students in this emerging field this paper is being introduced to train the students of law in the emerging field of Arbitration, Mediation, Conciliation and Negotiation with Theoretical and Practical Aspects of this subject which is indispensable at the level of National and International both for its importance.
UNIT - I
Understanding Conflict and Disputes: Modes of Dispute Resolution, Need and Importance of Mediation; Mediation and Restorative Justice: Theory of Restorative Justice and its Application, Gandhian Principles of NonViolent Conflict Resolution, Traditional Mediation Practices in India and Abroad
UNIT - II
Evolution of Mediation/Conciliation as a Mode of Settlement of Disputes, Distinction Between Arbitration, Mediation, Conciliation, Negotiation; Nature, Scope, Limitations and Necessity of Alternative Models of Disputes Resolution; Theory of Negotiation, Approaches to Negotiation Positional Bargaining, Interest-based Bargaining or Principled Negotiation Preparation for Negotiation Collaborative Communication Skills, Negotiating Skills, Negotiation Exercises
UNIT - III
Mediation and Conciliation: Theory of Mediation, Role of the Mediator (Court Annexed and Private), Preparation for Mediation /Conciliation Process; Confidentiality and Neutrality; How to Write An Award; Ethical Issues in Mediation /Conciliation Mediation in India, Institutions, Their Role; Theory of Mediation Laws in India: Role of the Mediator,(Court Annexed and Private), Preparation for Mediation /Conciliation Process; Judicial Interpretation and Relevant Case Law, Dispute Resolution Institutions in India; Key Concepts in Mediation: Essential Elements, Process and Stages, Approaches to Mediation, Role of the Mediator
UNIT - IV
Importance of Communication: Elements of Verbal and Non-Verbal Communication, Effective and Ineffective Communication Techniques; Conducting Effective Mediation: Decision-making Techniques, Problem-Solving Tactics, Ensuring Positive Outcomes Qualities and Skills of Mediators: Developing Mediation Skills, Code of Ethics, Confidentiality Requirements; Status of Mediated Agreements: Drafting of Agreements, Sanctity of Mediated Agreements, Enforcement Laws and Procedures Important Developments in Mediation: Growth of Virtual Dispute Resolution, Pre-Institution Mediation, UNCITRAL Model Law, Singapore Convention; Contemporary Developments
UNIT – V
Arbitration: The Arbitration and Conciliation Act, 1996 as amended by Acts of 2015, 2019 and Arbitration and Conciliation (Amendment) Ordinance, 2020:Need, Importance, Objectives; Definition, Concept, Key Features of the Acts /Amendments / Ordinance; Judicial Responses; Conducting Mock Arbitration on a Decided Case