Alternative dispute resolution (ADR)

Unit I: Conciliation

Application and Scope: Understanding the commencement of conciliation proceedings.
The Conciliator: Appointment process, role, and administrative assistance.
Procedural Elements: Submission of statements, communication with parties, and disclosure of information.
Operating Principles: Cooperation of parties, confidentiality, and costs/deposits.
Outcome: Settlement agreements and the termination of proceedings.
Legal Standing: Admissibility of evidence in other proceedings and the difference between Arbitration and Conciliation.

Foundations: Historical development, concept, and definitions of mediation.
Legal Framework: Salient features of the Mediation Act, 2023.
Comparison: Advantages of mediation and its differences from conciliation.
Application of the Mediation Act:
- Mediation agreements and pre-litigation mediation.
- Matters not fit for mediation.
- Power of Courts or Tribunals to refer parties to mediation.
The Mediator: Appointment, party preferences, conflict of interest disclosures, and termination or replacement of mandate.

Proceedings: Commencement, conduct, and the specific role of the mediator.
Timeline and Settlement: Time limitations, registration of settlement agreements, and costs.
Confidentiality: Admissibility and privilege against disclosure.
Finality: Enforcement and challenges to mediated settlement agreements.
Modern Applications: Online mediation and the applicability of mediation in other dispute forms.
Mediation Council of India: Establishment, composition, duties, functions, and reporting.

Legal Services Authorities Act, 1987: Objects, scope, and the hierarchy of National, State, District, and Taluk authorities.
Lok Adalat: Organization, jurisdiction, powers, and the finality of its awards.
Permanent Lok Adalat: Definition of Public Utility Service, jurisdiction, and procedures.
Other ADR Forms:
- Negotiation and Med-Arb.
- Summary Trial and Plea Bargaining.
- Ombudsman, Family Courts, and Gram Nyayalaya.