ADR301 | Alternative Dispute Resolution

Course Information

  • 2019-20
  • ADR301
  • 5-Year B.A., LL.B. (Hons.)
  • III
  • Mar 2020
  • Core Course

In the year 1990, the Indian economy was opened up for competition. The policy shift has brought in liberalization and globalization of business. This requires quick resolution of disputes as well as proper negotiation of contracts so that the scope for dispute is minimized. In order to facilitate quick resolution to disputes, the Government of India has come out with new legislations like Arbitration Conciliation Act, 1996 (it has been amended in 2015 by way of the Arbitration and Conciliation (Amendment) Act, 2015; Legal Services Authorities Act ,1987 has been brought into effect from 1996 ; in 2001 Civil Procedure Code has  been and Sec. 89 has been introduced providing for ADR methods liked Mediation, Conciliation, Lok Adalats and Arbitration.

Subsequent to this amendment, the Supreme Court has been repeatedly emphasizing that the courts have a duty to identify appropriate cases, which can be referred for mediator, conciliation or Lok Adalat. These developments are in the light of the fact that litigation as a method of dispute resolution has not been able to live upto the expectations of the litigants. According to the National Litigation Policy, 2011, an average life of litigation in Indian courts is 15 years and the policy intends to bring it down to 3 years by 2020. The Law Commission of India has observed that there is very little that can be done to improve the delay in adjudication of disputes in India. Hence, we have to look to alternative methods. In this background comes the emphasis for learning ADR methods and putting them to use meaningfully.   This is a Compulsory Course.  This will be a foundational course for further seminar courses Arbitration Law & Practice; Negotiation and Contracts etc.,
The methods of dispute resolution mentioned earlier are all skill-oriented apart from the theoretical framework. Hence, there has to be an emphasis on clinical method of teaching this course. Keeping the above objectives in mind, the course is divided into six modules and reflected as course outline.  It will be taught mainly by lecture method, supplanted by Socratic discussions and select simulation exercise.


V. Nagaraj
Dr. V. Nagaraj

Professor of Law (On Lien)