- 5-Year B.A., LL.B. (Hons.), LL.M.
- Jul 2021
- Elective Course
How does this course relate to the programme curriculum: Does it develop on a prior course in the programme or is it a foundational or standalone course?
The course develops from the course on Alternative Dispute Resolution in which Mediation is a small part. It is intended to be a stand-alone course (as prescribed by the Bar Council of India); mediation requires extensive study of the process, the laws, the issues that have arisen in its regulation, and in its interaction with more institutionalised processes of dispute resolution.
Describe how you have approached the course. What have you included/excluded and why? Choice of materials: primary or secondary readings / case law;
The course starts with understanding the process of mediation and the approaches to mediation (customary, modern and designs of institutions built around the use of mediation for dispute resolution). This gives the learner both the processual underpinnings of mediation and its socio-philosophical roots, as well as a glimpse of its utilisation.
The next segment will look briefly at the policies surrounding mediation around the world – including the institutionalisation of traditional mediation systems and modern policies surrounding mediation. This will be followed by a study of policies for mediation in India – both policies across dispute sectors, and sectoral policies.
This will be followed by an examination of mediation policies in a few jurisdictions – the emphasis here will be on examining the differing approaches to regulating mediation and the examination of questions of what policy objectives and considerations influenced these approaches. These policies, together with the policies in India will be the base from which we will examine together the intersections between the mediation process and the laws, and mediation and the more public and institutionalised systems of dispute resolution. We look at aspects such as confidentiality, volition, enforcement, fairness standards for a mediated settlement agreement, standards for mediators, etc.
The final segment will be the international aspects of mediation – cross border disputes and mediation. We will look at the Singapore Convention, and issues of private international law, the Hague Convention on the Civil Aspects of International Child Abduction, and the ICSID Rules on Conciliation and the Draft Rules on Mediation.
In these discussions through the course, we will consider disputes in different sectors – matrimonial, commercial, intellectual property, insolvency disputes. I propose to have mediation simulations for the students, which will be conducted as fishbowl exercises. Contexts will also be provided where the students will debate or negotiate among themselves.