CFP: Kerala Law Academy Law College invites applications for the two months online course on Alternative Dispute Resolution, Course starting from 1st January 2025.
ABOUT THE ORGANIZATION
The Kerala Law Academy (KLA), established in 1966 is a centre for legal studies, legal research and law reforms. Its acclaimed UGC-CARE Listed journal has been published continuously since 1977. Its Law College, affiliated to the University of Kerala, offers Undergraduate programs in BA LL.B. and B. Com LL.B. five year integrated courses, LLB Unitary three year course and Post-Graduate courses of LL.M (Administrative Law), LL.M (International Law) and MBL (Master of Business Law). Its sister concern, CALSAR offers Research program in Law (PhD).
ABOUT THE COURSE
Alternative Dispute Resolution (ADR) encompasses a variety of processes designed resolve disputes outside the traditional judicial system, including negotiation, mediation, arbitration, and conciliation. Negotiation is an informal process where parties engage directly to reach a mutually acceptable agreement, allowing for flexible and creative solutions tailored to their specific needs.
Mediation involves a neutral third-party mediator who facilitates discussions to help parties reach a consensus without imposing a decision, making it particularly effective in preserving relationships in family, commercial, and workplace disputes. Arbitration, on the other hand, is a more formal process where an arbitrator hears evidence and arguments before making a binding decision. This method is often preferred in commercial disputes for its confidentiality and the expertise of arbitrators. Conciliation is similar to mediation but involves a more active role for the conciliator in proposing solutions and offering advice, commonly used in international disputes and labour conflicts.
ADR offers several advantages over traditional litigation, including reduced legal costs, faster resolution times, and the preservation of relationships, providing parties with greater control over the process and outcomes. However, it may not be suitable for all types of disputes, particularly those requiring a legal precedent or involving significant power imbalances.
Overall, ADR represents a valuable tool in the modern legal landscape, promoting efficient and amicable resolutions to conflicts and underscoring the need for legal professionals to be well-versed in these methods to better serve their clients and the justice system.
DURATION OF THE COURSE
THE DURATION OF THE PROGRAM WILL BE TWO MONTHS
ELIGIBILITY CRITERIA
· Open to all students pursuing/completed any degree
· Bachelor’ s Degree or an equivalent Degree in any discipline any recognized University or
· Candidates appearing for the final year examination of Graduation are also eligible to apply
· Course is open to learners of all age and all discipline
LEARNING OUTCOMES
· After the completion of the course, the candidate will acquire the following outcomes:
· To create awareness about the importance of ADR methods
· To trace the growth, development, and importance of ADR movement in India
· To explain primary methods under the alternative dispute resolution methods and their functions
· To provide a good basic knowledge of ADR methods – Arbitration, Mediation & Negotiation
SYLLABUS
MODULE I: INTRODUCTION TO ADR
Unit I: Definition, Scope & Historical Background and Need for Arbitration, Mediation & Conciliation-Nature of Disputes-ADR Applicability of Natural Justice-Online Dispute Resolution- Cyber Courts- Adjudicative and non-adjudicative methods of dispute resolution-ADR Philosophies (2 hours)
Unit II: ADR – Applicability of – Indian Evidence Act, 1872 – The Code of Civil Procedure 1908 – The Limitation Act, 1963 (Including case laws)-ADR – Applicability of the Indian Contract Act, 1872-
Electronic Evidence in Arbitration & Information Technology Act. (2 hours)
Unit III: Intellectual Property & Domain Name Disputes Resolution-Landmarks judgements on ADR- Opportunities in ADR (Arbitration, Mediation & Conciliation) and Role of Chartered Accountants-
The New York Convention, The Geneva Convention, UNICTRAL Model Law- Sector wise Practical Application of ADR Methods. (2 hours)
MODULE II: ARBITRATION
Unit I: Introduction -Types of Arbitration-Advantages and Disadvantages-Rules and Procedures- Arbitral Institutions in India. (2 hours)
Unit II: Planning Arbitration, Agreement Clause-Arbitral Process, Appointment of Arbitrator- Conducting Arbitration Quantum Analysis in Arbitration Claims-arbitral award writing. (2 hours)
Unit III: Practical Aspects-Validity and Grounds for challenging Domestic Arbitral Awards- Arbitration and Law of Torts in India-Arbitration Case Studies-International Arbitration Enforcement of Foreign Arbitral Awards in India. (2 hours)
MODULE III: MEDIATION AND CONCILIATION
Unit I: Introduction- Definition of Mediation and Conciliation Application and Scope-Preference of Conciliation and Mediation over traditional litigation- Mediation Act ,2023 (2 hours)
Unit II: The Process of Mediation-The Stages of Mediation Convening for Mediation- E-Mediation- Negotiation and Bargaining. Principles of Conciliation Commencement of Conciliation Proceedings
Settlement Agreement Termination of Conciliation Proceeding- proceedings Admissibility of evidence in other proceedings- Drafting the written invitation to initiate conciliation. (2 hours)
Unit III: Practical Briefing-Role of Mediators-Guidelines to the Parties and Mediator, Training of the Mediator- Application of Rules-Laws on Merits of Facts- Drafting Mediation Agreement Practical Approach-Appointment of Conciliators-Role of Conciliators- Communication between Conciliators and Parties-Confidentiality and disclosure of information Companies (Mediation & Conciliation) Rules,2016. (2 hours)
Proposed Act – Analysis (2hours) MODULE IV: NEGOTIATION
Unit I: Introduction -Eight Pillars of Negotiation Wisdom Qualities of a Good Negotiator-Various phases in Negotiation disadvantages of Negotiation and Setting the Stage for Productive Negotiations- E-Negotiation. (2 hours)
Unit II: Certain Specific Titles in the Negotiation Process Alternative Paths- Strategies and tactics in negotiation- Roleplaying negotiation exercises-Ethical considerations in negotiation. (2 hours)
Unit III: Practical Approach towards Concepts – Mixed Motive Exchange, Winner’s Curse, and Interest based Bargaining(2hours) Unit IV: Negotiation ‘Dance’, BATNA, WATNA, MALATNA – Integrative Negotiation & Distributive Negotiation. (2 hours)
MODULE V: INTERNATIONAL COMMERCIAL ARBITRATION
Unit 1: Historical Development of ICA- Major arbitral institutions- essential characteristics of ICA (2 hours)
Unit 2: Regulatory Framework- Juridical nature of ICA (2hours) MODULE VI: MISCELLANEOUS
Unit I: Emerging Trends of Arbitration- court arbitrations and ordinary arbitrations. – importance of MED ARB- ADR &ODR, – ADR &Artificial Intelligence – the future of dispute resolution reshaping the future of ADR (3 hours)
Unit II: Drafting of settlement agreements- practical aspect(2hours)
TOP INSTRUCTORS
· ADV SREELAL WARRIER (Advocate high court of Kerala and International accredited Mediator)
· INBAVIJAYAN VEERARAGHAVAN [FICA, FAIADR, PAP-KFCRI, FCIArb (UK)]
· EKTA BAHL Partner [ Samvad partners and is the Partner – in -charge, Hyderabad office.]
· ADV KRUSCH ANTONY [Associate Arbitrator at the Chartered Institute of Arbitration (ACIArb), U.K, and an accredited Arbitrator & Mediator (Indian Institute of Arbitration & Mediation (IIAM)]
· ADV RAJESH C MUTTAH [Advocate, High of court of Kerala and Chief Architect and chair of the Committee of Coordination of Project M for Mediation]
· AKASH GUPTA [Assistant Professor Op Jindal School of law]
ORGANISING COMMITTEE
· ADV. NAGARAJ NARAYANAN [Director, Kerala Law Academy]
· PROF. ANILKUMAR K. Director [Administration, Students and Faculty Af airs, Kerala Law Academy]
· PROF. HAREENDRAN K [Principal, Kerala Law Academy]
· PROF. ANIL KUMAR G [Vice Principal, Kerala Law Academy]
· PROF. DR. AJITHA NAIR L [HOD, Kerala Law Academy]
· SMT.KASTHURI NAGARAJ [Assistant Professor, Kerala Law Academy]
REGISTRATION FEES AND PAYMENT DETAILS
There is a course fee of INR 1500 student. The payment can be made through the online link provided on the Kerala Law Academy website.
Bank: SBI, Peroorkada Branch Account Number: 35565091178
IFSC Code: SBIN0070434
Account Holder: The Kerala Law Academy Law College
CONTACT INFORMATION
Faculty Convenors
· Dr. Malavika J: 8281682549
· Dr. Dakshina Saraswathy: 9744169215
· Adv. Priya M K: 9633311359
· Adv. Salini A P: 8527861463
Faculty Co – Convenors
· Shri. Varun V S: 8075634823
· Nair Swathy Bala Saraswathi: 9061566925
