PAPER 2.8. MEDIATION, CONCILIATION AND ARBITRATION (QUESTION-ANSWER SERIES)

PAPER 2.8. MEDIATION, CONCILIATION AND ARBITRATION

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