Tag: adr study notes

Mediation: Meaning

Qualities of mediator

Role of mediator

Essential characteristics of the mediation process – voluntary, collaborative, controlled, confidential, informal, impartial &
neutral, self-responsible

Different models of mediation

Code of conduct for mediators

Negotiation: Meaning

Different styles of negotiation

Different approaches to negotiation

Phases of negotiation

Qualities of a negotiator

Power to negotiate

 

Conciliation: Meaning

Different kinds of conciliation – facilitative, evaluative, court-annexed, voluntary and compulsory

Qualities of a conciliator

Duties of a conciliator

Role of a conciliator

Stages of conciliation

Procedure

Conciliation under statutes – Industrial Disputes Act, 1947

Conciliation under statutes – Family Courts Act, 1984

Conciliation under statutes – Hindu Marriage Act, 1955

Arbitration and Conciliation Act, 1996

Arbitration: Meaning of arbitration

Attributes of arbitration

General principles of arbitration

Different kinds of arbitration

Qualities and qualifications of an arbitrator

Arbitration agreement and its drafting

Appointment of arbitrator

Principal steps in arbitration

Arbitral award

Arbitration under Arbitration and Conciliation Act, 1996

Alternate Dispute Resolution (ADR) General Concepts

Different methods of dispute resolution

Inquisitorial method

Adversarial method

Other methods- both formal and informal- like Arbitration, Conciliation, Negotiation, Mediation, etc.

Advantages and disadvantages of above methods

Need for ADRs

International commitments

Domestic needs

Suitability of ADRs to particular types of disputes

Civil Procedure Code and ADRs