Certification in Alternative Dispute Resolution (ADR)

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6 Month

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Overview

Unlock your legal potential with our Advanced Certification in Alternative Dispute Resolution (ADR). This 6-month live program is designed to provide in-depth, practical training in arbitration, mediation, and negotiation. Through hands-on simulations, real-life case studies, and mentorship from industry experts, you’ll gain the tools to resolve legal disputes efficiently, both domestically and internationally. Whether you're a litigator, corporate counsel, or aspiring dispute resolution specialist, this course will transform your legal journey.

Key Highlights

Recognised Certification

Gain industry-recognized certification curated with leading dispute resolution professionals & educators.

Recognised Certification

Gain industry-recognized certification curated with leading dispute resolution professionals & educators.

6 Months of Learning

Learn through real-life simulations, tribunal exercises, and mock mediation/arbitration rounds.

6 Months of Learning

Learn through real-life simulations, tribunal exercises, and mock mediation/arbitration rounds.

Placement Assistance

Advance your career with practical exposure, expert mentorship, and placement assistance.

Placement Assistance

Advance your career with practical exposure, expert mentorship, and placement assistance.

Curated Curriculum

Become an ADR-certified professional with our outcome-driven curriculum and live weekend sessions.

Curated Curriculum

Become an ADR-certified professional with our outcome-driven curriculum and live weekend sessions.

Our Faculties & Industrial Mentors

Neelam Kejriwal

Legal Educator, HNLU-R

Neelam Kejriwal is an experienced legal educator and career strategist, dedicated to upskilling law students for corporate success. She specializes in curriculum design, mentorship, and legal training through innovative, industry-aligned programs.

Neelam Kejriwal

Legal Educator, HNLU-R

Neelam Kejriwal

Legal Educator, HNLU-R

Nakul Gandhi

Guest Lecturer

Founding Partner – NG Law Chambers

Nakul Gandhi, Founding Partner of NG Law Chambers, is a disputes lawyer with 12+ years’ experience. He has represented top clients in IPR and commercial cases before the Delhi and Calcutta High Courts. Formerly with Karanjawala & Co. and P&A Law Offices, his expertise spans civil, criminal, arbitration, and high-stakes litigation.

Nakul Gandhi

Guest Lecturer

Founding Partner – NG Law Chambers

Nakul Gandhi

Guest Lecturer

Founding Partner – NG Law Chambers

Sheetal Tiwari

Lecturer

LL.B., The Maharaja Sayajirao University of Baroda

Sheetal Tiwari is an Advocate and IP Attorney with 7+ years’ experience in arbitration and mediation. An APCAM Arbitrator and CIAC Mediator, she advises firms like Klaims & Qwantum and Dalela Law Offices. She's UNCITRAL-certified and a Young ICCA member.

Sheetal Tiwari

Lecturer

LL.B., The Maharaja Sayajirao University of Baroda

Sheetal Tiwari

Lecturer

LL.B., The Maharaja Sayajirao University of Baroda

Shweta Devgan

Dispute Resolution Specialist

15+ Years Experience

Shweta Devgan, an NLSIU graduate with 15+ years of experience, is a certified arbitrator and mediator who has worked extensively at the intersection of law, technology, and dispute resolution.

Shweta Devgan

Dispute Resolution Specialist

15+ Years Experience

Shweta Devgan, an NLSIU graduate with 15+ years of experience, is a certified arbitrator and mediator who has worked extensively at the intersection of law, technology, and dispute resolution.

Shweta Devgan

Dispute Resolution Specialist

15+ Years Experience

Shweta Devgan, an NLSIU graduate with 15+ years of experience, is a certified arbitrator and mediator who has worked extensively at the intersection of law, technology, and dispute resolution.

Milind Sharma

Dispute Resolution & Advocacy Specialist

Milind Sharma, Principal Associate in the Dispute Resolution practice of a Tier-1 Indian law firm, specializes in civil and commercial litigation, arbitration, competition law, and insolvency matters. He is a recipient of the DAAD – A New Passage to India scholarship, Oxford University Diversity Scholarship, and Ratan Tata Trust grant.

Milind Sharma

Dispute Resolution & Advocacy Specialist

Milind Sharma

Dispute Resolution & Advocacy Specialist

Vibha Bandhu

Young Professional, Centre for WTO Studies – IIFT

Trade Law & International Arbitration Researcher

Ms. Vibha Bandhu is a Young Professional at the Centre for WTO Studies, IIFT New Delhi, where she contributes to policy-focused research under the WTO framework and supports capacity-building on global trade regulations. With 5+ years of academic experience teaching subjects such as IPR, Contract Law, Arbitration, and Media Law, she brings strong interdisciplinary expertise. Currently pursuing her PhD in International Arbitration, she is deeply interested in trade law, arbitration, and mediation, and is committed to advancing innovative approaches in international dispute resolution.

Vibha Bandhu

Young Professional, Centre for WTO Studies – IIFT

Trade Law & International Arbitration Researcher

Vibha Bandhu

Young Professional, Centre for WTO Studies – IIFT

Trade Law & International Arbitration Researcher

Abhisaar Bairagi

Partner, Dispute Resolution – KCO

Arbitration & Commercial Litigation Expert

Partner at Khaitan & Co

Experienced dispute resolution professional and Partner in KCO’s Dispute Resolution practice, based in the Delhi-NCR office. Represents Indian and international clients in domestic and international arbitrations, along with high-stakes commercial disputes across Infrastructure, Logistics, Freight & Warehousing, Mining, Energy & Natural Resources, and Transportation. Routinely engaged for pre-dispute advisory, mediations, and conciliations, bringing a strong blend of strategic advocacy and commercial insight to complex conflicts.

Abhisaar Bairagi

Partner, Dispute Resolution – KCO

Arbitration & Commercial Litigation Expert

Partner at Khaitan & Co

Abhisaar Bairagi

Partner, Dispute Resolution – KCO

Arbitration & Commercial Litigation Expert

Partner at Khaitan & Co

Dr. Shantanu Pachahara

ADR Specialist

8 Years Experience

Dr. Shantanu Pachahara is a legal academic and researcher specializing in International Arbitration, Alternative Dispute Resolution (ADR), and the Law of Evidence. With over eight years of teaching and research experience across leading Indian universities, he focus on the evolving intersection between third-party funding, arbitration, and access to justice.

Dr. Shantanu Pachahara

ADR Specialist

8 Years Experience

Dr. Shantanu Pachahara

ADR Specialist

8 Years Experience

Certification

Earn a prestigious Certificate of Achievement for successfully completing the comprehensive course on Alternative Dispute Resolution (ADR). Curated with insights from industry leaders at Khaitan & Co. and taught exclusively by The Legal School faculty, this certificate validates your advanced knowledge and practical skills in mediation, arbitration, and negotiation. Display this certification with pride as a mark of excellence and a valuable credential in your legal career.

Why Khaitan & Co?

One of India’s oldest law firm established 113 years ago with presence in Kolkata, New Delhi, Bangalore, Mumbai, Chennai, Pune, Ahmedabad & Singapore

A full service law firm which specializes in Intellectual Property, Dispute Resolution, M&A & Media and Telecom.

Boasts 100+ partners & 450+ fee-earners across the nation.

Career Paths After This Course

Top Law Firms

Support legal teams with case research, contract drafting, litigation support, and legal documentation for high-profile clients.

Top Law Firms

Support legal teams with case research, contract drafting, litigation support, and legal documentation for high-profile clients.

Corporate In-House Legal Teams

Assist legal departments with compliance, regulatory documentation, contract management, and risk assessment within businesses and multinational corporations.

Corporate In-House Legal Teams

Assist legal departments with compliance, regulatory documentation, contract management, and risk assessment within businesses and multinational corporations.

Legal Process Outsourcing (LPO) & Consulting Firms

Provide legal research, document review, compliance analysis, and contract drafting for law firms and corporate clients.

Legal Process Outsourcing (LPO) & Consulting Firms

Provide legal research, document review, compliance analysis, and contract drafting for law firms and corporate clients.

Skills Covered

Arbitration and Mediation Techniques

Tribunal Proceedings and Procedures Skills

Drafting Arbitration Agreements & Settlement Clauses

Negotiation Strategy and Client Advocacy

National & International Legal Frameworks (UNCITRAL, New York Convention)

Dispute Management in Commercial Transactions

Interpersonal Skills & Conflict Resolution Ethics

Real-World Enforcement & Litigation Tactics

Pre-Requisites

A bachelor’s degree in business, finance, law, or a related field is preferred.

Curriculum Overview for

Certification in Alternative Dispute Resolution (ADR)

Module

Foundation of ADR

Pendency of cases before Indian courts - statistics from NJDG - establishing the need for ADR over court adjudication
What is ADR, evolving role of ADR – relevance of ADR in the globalized economy & justice system, why ODR is indispensable in modern dispute resolution. (briefly touch ombudsman in evolution)

Litigation vs. ADR: comparative analysis (cost, time, confidentiality, enforceability, relationship preservation).

Based on decision-making authority

Adjudicatory ADR – A neutral third party gives a binding decision
Examples: Arbitration, Online Arbitration
Non-adjudicatory ADR – Parties retain control over the outcome
Examples: Mediation, Conciliation, Negotiation
2. Based on binding nature
Binding ADR – Outcome is legally enforceable
Example: Arbitration
Non-binding ADR – Outcome depends on party consent
Examples: Mediation, Conciliation, Neutral evaluation
3. Based on formality
Formal ADR – Structured procedures, rules, pleadings
Example: Institutional Arbitration
Informal ADR – Flexible, interest-based processes
Examples: Mediation, Negotiation
4. Based on role of the neutral
Facilitative – Neutral facilitates dialogue
Example: Mediation
Evaluative – Neutral assesses merits
Example: Neutral evaluation, Conciliation
Determinative – Neutral decides the dispute
Example: Arbitration

UNCITRAL Model Law, Geneva Convention, International Commercial Arbitration, New York Convention
Landmark cases

Sec 89 CPC + Rights in Rem and Rights in Personam- what kind of cases can be undertaken under ADR- Scope of ADR + commercial Courts Act (brief)

Salem Advocate and Vidya Drolia

Module

Foundation of ADR

Litigation vs. ADR: comparative analysis (cost, time, confidentiality, enforceability, relationship preservation).

UNCITRAL Model Law, Geneva Convention, International Commercial Arbitration, New York Convention
Landmark cases

Sec 89 CPC + Rights in Rem and Rights in Personam- what kind of cases can be undertaken under ADR- Scope of ADR + commercial Courts Act (brief)

Salem Advocate and Vidya Drolia

Module

ADR Mechanisms

Arbitration, Mediation, Conciliation, Negotiation – Basic Definition

Distinction and overlaps

Comparative study: ADR in commercial, labour, consumer, and family disputes.- which dispute resolution mode is suitable for which sector or segment

Discuss the summary of the case - Corporate ADR dispute (e.g., Reliance-ADA vs. Ericsson mediation).

Identify which ADR model best suits which kind of dispute.

Models Tailored to suit the specific requirements

Module

ADR Mechanisms

Arbitration, Mediation, Conciliation, Negotiation – Basic Definition

Distinction and overlaps

Comparative study: ADR in commercial, labour, consumer, and family disputes.- which dispute resolution mode is suitable for which sector or segment

Discuss the summary of the case - Corporate ADR dispute (e.g., Reliance-ADA vs. Ericsson mediation).

Identify which ADR model best suits which kind of dispute.

Models Tailored to suit the specific requirements

Module

Arbitration

Arbitration: overview of fundamentals of Arbitration and Conciliation Act, 1996, and amendments
"ad hoc vs. institutional arbitration (relevant provisions of the Arbitration and Conciliation Act—Section 11)
Unilateral appointment of Arbitrators
Perkins Eastman case + add-on cases around it
Simulation exercises on whether an arbitrator has been unilaterally appointed or not
Flowchart along with relevant sections on process of Arbitration"
"role of judiciary in promoting arbitration
how to become a court-annexed arbitrator"
"list of adr institutions in India
showcase the rules of various arbitral institutions across india and abroad."
discussing rules of institutions—Indian (CORD or Delhi Arb Ins) and international
Jurisdiction of arbitrator: The scope of the arbitrator's jurisdiction and power determination is under the arbitration agreement and through provisions under the A&C Act 1996—sections 7, 16, 17, 19, 20, 22, 25, 26, 28, 31, 31A, 32, 33, and 34. General duties and powers of an arbitrator and limitation on an arbitrator's power—normative framework and discussion through cases.
Principle of separability under section 16 - origin, nature, function and cases (both, Indian and international)
Competence-competence under section 16—origin, nature & types, function and cases (both, Indian and international)
Third parties in arbitration - a brief introduction (third-party funding and group of companies doctrine and others) not in detail.
Provisional measures and emergency arbitrators in arbitration: Concept of interim measures: Power of arbitrator to order interim measures - rational
Sections 17 & 09 - dynamic types of interim measures
principles for granting interim measure in arbitration through leading case laws
Emergency Arbitrator - Concept emergence, international institutional rules
Emergency arbitration within A&C Act 1996—statutory interpretation and judicial interpretation (case laws)
Laws applicable in arbitration: substance, agreement, procedure, and supervision: Revisiting party autonomy in arbitration, nature of international commercial arbitration—section 2(1)(f) distinguished from UNCITRAL MODEL LAW definition, seat theory revision, statutory recognition of the various laws applicable—section 2(6), (8),
How many laws apply in ICA? What are lex arbitri and curial law? Is curial law the same as lex arbitri?
"The laws applicable:
Substantive Law
Lex arbitri
a. law of arbitration agreement
b. law of conduct of arbitration
c. curial law
d. soft rules and regulations"
How to determine the applicable law of arbitration agreement—case laws and international approach
How to determine the applicable law to the substance: voir direct and voir indirect
Procedure of arbitration proceeding: Procedure under A&C Act 1996 - sections 18 to 27 with section 29A - flowchart, cases, and drafting nuances - Statement of Claim: contents, cause of action, supporting documents, and relief sought. Reply to Statement of Claim: defenses, counterclaims, and timelines.
Procedure under leading arbitration institutes of India compared: MIAC, IIAC, and ICA
Seat v. Venue—How to determine the seat of arbitration—leading case laws
Implication of default of parties under section 25—possible remedies—leading cases
Expedited procedure under section A&C Act and other institutions compared.
Using mediation and settlement awards under the ACT.

Module

Arbitration

Arbitration: overview of fundamentals of Arbitration and Conciliation Act, 1996, and amendments
"ad hoc vs. institutional arbitration (relevant provisions of the Arbitration and Conciliation Act—Section 11)
Unilateral appointment of Arbitrators
Perkins Eastman case + add-on cases around it
Simulation exercises on whether an arbitrator has been unilaterally appointed or not
Flowchart along with relevant sections on process of Arbitration"
"role of judiciary in promoting arbitration
how to become a court-annexed arbitrator"
"list of adr institutions in India
showcase the rules of various arbitral institutions across india and abroad."
discussing rules of institutions—Indian (CORD or Delhi Arb Ins) and international
Jurisdiction of arbitrator: The scope of the arbitrator's jurisdiction and power determination is under the arbitration agreement and through provisions under the A&C Act 1996—sections 7, 16, 17, 19, 20, 22, 25, 26, 28, 31, 31A, 32, 33, and 34. General duties and powers of an arbitrator and limitation on an arbitrator's power—normative framework and discussion through cases.
Principle of separability under section 16 - origin, nature, function and cases (both, Indian and international)
Competence-competence under section 16—origin, nature & types, function and cases (both, Indian and international)
Third parties in arbitration - a brief introduction (third-party funding and group of companies doctrine and others) not in detail.
Provisional measures and emergency arbitrators in arbitration: Concept of interim measures: Power of arbitrator to order interim measures - rational
Sections 17 & 09 - dynamic types of interim measures
principles for granting interim measure in arbitration through leading case laws
Emergency Arbitrator - Concept emergence, international institutional rules
Emergency arbitration within A&C Act 1996—statutory interpretation and judicial interpretation (case laws)
Laws applicable in arbitration: substance, agreement, procedure, and supervision: Revisiting party autonomy in arbitration, nature of international commercial arbitration—section 2(1)(f) distinguished from UNCITRAL MODEL LAW definition, seat theory revision, statutory recognition of the various laws applicable—section 2(6), (8),
How many laws apply in ICA? What are lex arbitri and curial law? Is curial law the same as lex arbitri?
"The laws applicable:
Substantive Law
Lex arbitri
a. law of arbitration agreement
b. law of conduct of arbitration
c. curial law
d. soft rules and regulations"
How to determine the applicable law of arbitration agreement—case laws and international approach
How to determine the applicable law to the substance: voir direct and voir indirect
Procedure of arbitration proceeding: Procedure under A&C Act 1996 - sections 18 to 27 with section 29A - flowchart, cases, and drafting nuances - Statement of Claim: contents, cause of action, supporting documents, and relief sought. Reply to Statement of Claim: defenses, counterclaims, and timelines.
Procedure under leading arbitration institutes of India compared: MIAC, IIAC, and ICA
Seat v. Venue—How to determine the seat of arbitration—leading case laws
Implication of default of parties under section 25—possible remedies—leading cases
Expedited procedure under section A&C Act and other institutions compared.
Using mediation and settlement awards under the ACT.

Module

Arbitration Framework & Proceedings

Essentials of Arbitration Agreement (Sec. 7, A&C Act, 1996).

Tribunal’s jurisdiction (Sec. 16).
kompetenz - kompetenze
General Principles of Arbitration - party autonomy, principle of separability, competence-competence, principles of natural justice - procedural fairness, neutrality, opportunity to be heard, confidentiality, minimum judicial intervention, and finality of the decision.
BALCO v. Kaiser Aluminium (2012)—seat vs. venue distinction.
Bhatia International v. Bulk Trading (2002)—international arbitration in India.
Appointment of arbitrators, role of courts, jurisdictional challenges.
Time-bound arbitration (2015 & 2019 amendments)
Arbitral awards – enforcement, challenge, setting aside.
How to draft an arbitral award: international arbitration institution material—Claude (theory) grounds for challenging the arbitral award and grounds for setting aside arbitral award
Interim Order in an arbitral award (Theory)

Module

Arbitration Framework & Proceedings

Essentials of Arbitration Agreement (Sec. 7, A&C Act, 1996).

Module

Drafting Arbitration Clauses & Agreements

Why & What of Arbitration Agreement - foundation stone of international arbitration, Why recoding consent is important in arbitration?, Types of arbitration agreement
Everything from Arbitral clause to Arbitral Award

- Drafting or knowing a dispute resolution clause- standard form of contracts (across ecommerce, startups - samples of standard form of contract used in India for Dispute resolution)- put in the module - bring in a specialist- CD- emphasis on Dispute resolution clause- comparision- poorly drafted dispute resolution clause and good
- Components of a dispute resolution clause
- Understanding its importance- why a well defined dispute resolution clause is important for a contract - mutual agreement of the parties towards the method of dispute resolution- section 11 of Arb and Conciliation Act, 1996 + base ref of perkinsy
- Opportunity can be introduced- about freelance sector
- how drafting is done, role of tribunal secy, etc

Types of clauses: Institutional, Ad hoc, Unilateral, Multi-tier, Med-Arb clauses.
Standardisation of arbitration clauses in contracts.

Essentials of a valid Arbitration Agreement (Sec. 7, A&C Act).
How it is similar to and different from decree of the court

Trimex International v. Vedanta Aluminium (2010) – arbitration clause enforceability.

Module

Drafting Arbitration Clauses & Agreements

Types of clauses: Institutional, Ad hoc, Unilateral, Multi-tier, Med-Arb clauses.
Standardisation of arbitration clauses in contracts.

Essentials of a valid Arbitration Agreement (Sec. 7, A&C Act).
How it is similar to and different from decree of the court

Trimex International v. Vedanta Aluminium (2010) – arbitration clause enforceability.

Module

Arbitration Notice, Statement of Claim & Reply

Arbitration Notice: format, statutory requirements (Sec. 21, A&C Act, 1996).

Statement of Claim: contents, cause of action, supporting documents, relief sought.

Interim Order (Section 9-11 of Arb and Conciliation Act, 1996)

Statement of Defence and counterclaims
Ex Parte Awards r/w sections of the Arb and Conciliation act for ex parte awards
Contested arbitrations viz a viz ex parte arbitrations and documents only arbitration - SEBI Master circular on ODR Component

Arbitration through reference - section 8 & 45; a short mention of court under section 2(1)€.
Case laws - extent of judicial intervention at the pre-arbitration stage under section 8 & 11, extent of court intervention under section 14 case laws.
Challenge procedure under various Institutional rules in India

Module

Arbitration Notice, Statement of Claim & Reply

Arbitration Notice: format, statutory requirements (Sec. 21, A&C Act, 1996).

Statement of Claim: contents, cause of action, supporting documents, relief sought.

Interim Order (Section 9-11 of Arb and Conciliation Act, 1996)

Module

Arbitral Proceedings

Arbitral Proceedings- thoery

Conduct of arbitral proceedings – procedure, evidence, hearings.
Interim measures (Sec. 9, Sec. 17) & emergency arbitration.
Procedural hearing, relevance of experts, etc

Module

Arbitral Proceedings

Arbitral Proceedings- thoery

Conduct of arbitral proceedings – procedure, evidence, hearings.
Interim measures (Sec. 9, Sec. 17) & emergency arbitration.
Procedural hearing, relevance of experts, etc

Module

Arbitration Award & Enforcement

Making of award (Sec. 31).
Form and contents of award (section 31) - Imporatnce of signing of award, reasoned award, date and place of award.
Interest on sum awarded in award s31(7) - scope and limitations through leding cases (pendent lite interest and post award interest)
Costs in arbitraiton s31A - avoid delay tactics, recover all costs with the right prayer (case laws)
Execution of award (s35 and 36) - pre and post 2015 amendment, and 2021 amendment (cases, BCCI v kochi cricket association
Execurion as per CPC. Court for execution, place for execution (cases)

Setting aside arbitral award (Sec. 34).
"Section 34 - scope and nature - grounds for setting aside of award.
1. incapacity of the party, 2. invalid arbitration agreement, 2.no notice or unable to present its case, 3. outside the terms of submission to arbitration or beyond submsision to arbitration; 4. improper composition of tribunal or failure to adhere to arbitration agreement."
Nature and scope of public policy defence under section 34; Patent illegality - procedural 'sword' to challenge the award - Developments through case laws. Empirical analysis.
Procedure to challenge. Section 34(3) to (5)
Appeal under Arbitration Act section 37 and limitation act (43)

Enforcement of domestic awards (Sec. 36).
Statutory process under part 2 of the A&C Act 1996 - section 44 to 50
Definition of foreign award - section 44 and NYC 1958, reservation by India
Can two parties chose foreign seat (case law)Application of part 1 and part 2 of the act - BALCO Conundrum
Procedure for enforcing foreign award - options available - award from non-reciprocating country, section 47 read with section 49 - Fuerst Day Lawson Ltd vs Jindal Exports Ltd.
Understaing section 48 and its application through case laws
Appeal under section 50 scope and limits

Enforceability of Awards and, Party autonomy

Scope of Judicial intervention in ADR.

Definition of ICA (Sec. 2(1)(f), Arbitration Act).

Foreign arbitral awards – enforcement in India.

Case Laws: Renusagar Power Co. v. General Electric Co. (1994), Shri Lal Mahal v. Progetto Grano (2014).

Indian judicial approach to foreign awards (Part II, A&C Act).

Challenges in enforcement & public policy exception.

ONGC v. Saw Pipes Ltd. (2003), ONGC v. Western Geco (2014).

Vedanta Ltd. v. Shenzen Shandong (2018).

Domestic v. International Arbitration
Enforceability and scope of Domestic and International Arbitral Awards

Module

Arbitration Award & Enforcement

Enforceability of Awards and, Party autonomy

Scope of Judicial intervention in ADR.

Definition of ICA (Sec. 2(1)(f), Arbitration Act).

Foreign arbitral awards – enforcement in India.

Case Laws: Renusagar Power Co. v. General Electric Co. (1994), Shri Lal Mahal v. Progetto Grano (2014).

Indian judicial approach to foreign awards (Part II, A&C Act).

Challenges in enforcement & public policy exception.

ONGC v. Saw Pipes Ltd. (2003), ONGC v. Western Geco (2014).

Vedanta Ltd. v. Shenzen Shandong (2018).

Domestic v. International Arbitration
Enforceability and scope of Domestic and International Arbitral Awards

Module

Negotiation: Concepts & Techniques

Negotiation in legal & business contexts
what is conflict, contextualizing negotiations in conflicts- 1 class around understanding conflicts- take 4 stories and create scenarios around it
- Ask students to co-create narratives- 4 kinds of disputes-
E.g- Workplace conflicts, student related issues, family/relationship issues (legal issues), residential area conflict
Simulation exercise- student actor and neutral negotiator- helping them resolve this dispute- reflecting upon key takeaways
- DU study material- free
1st class- workshop discussion
2nd class- theory

Softs skills required around negotiation
- Driven Neuro Linguistic Programming Techniques Practitioner
- Summary of Negotiation Books

Theories: Distributive vs. Integrative negotiation.
Negotiation styles: Competitive, Collaborative, Accommodative, Avoiding, Compromising.

Identifying win-win vs. win-lose outcomes.

Barriers to effective negotiation & methods to overcome.

Fisher & Ury – Getting to Yes.
Key tools: BATNA, WATNA, ZOPA.

Multi-party negotiation.
Planning negotiation.

Power dynamics, persuasion & cultural factors.

Ethics in negotiation.
Lawyer’s role in negotiation.

Cross Culture Negotiation in Cross Border Business.
Pertinent for time-barred ADR proceedings

Module

Negotiation: Concepts & Techniques

Softs skills required around negotiation
- Driven Neuro Linguistic Programming Techniques Practitioner
- Summary of Negotiation Books

Theories: Distributive vs. Integrative negotiation.
Negotiation styles: Competitive, Collaborative, Accommodative, Avoiding, Compromising.

Identifying win-win vs. win-lose outcomes.

Barriers to effective negotiation & methods to overcome.

Fisher & Ury – Getting to Yes.
Key tools: BATNA, WATNA, ZOPA.

Multi-party negotiation.
Planning negotiation.

Power dynamics, persuasion & cultural factors.

Ethics in negotiation.
Lawyer’s role in negotiation.

Cross Culture Negotiation in Cross Border Business.
Pertinent for time-barred ADR proceedings

Module

Mediation & Conciliation: Process & Framework

Mediation Act, 2023: Statutory developments and current jurisprudence.
Detailed analysis (Theory class- Add infographics)

Job opportunities vis a vis the Mediation Act 2023
Need for mediators
Sector specific mediators- hospitality sector, healthcare sector, family disputes, separation matters (courts have made it mandatory that matters will go for mediation first), property disputes, banking sector

basic search of High courts with active mediation cells and cases that are being taken up in these cells
How to become a court annexed mediator.
Judiciary and SC newsletters- scope of mediation- emphasis on mediation as career opportunity
Case managers
MCPC training at SC level
Justice Surya Kant (more emphasis on Mediation)
Private mediation Institutions - Cam Pact - mediation centres,
Information for class- put emphasis on this class

IBC and Mediation

Mediation Rules
1 International Mediation Centre rules and 1 cord rules
UNCITRAL Laws on Mediation
Singapore Convention on Mediation, 2019.

Parties to a mediation
clients, roles of lawyers in mediation, tribunal secy, case managers and mediators

Mediation clauses
Drafting a well defined clauses in a contract

Difference between mediation and conciliation
Concept of Conciliation
Conciliation under Arbitration & Conciliation Act, 1996 (Part III).
Use cases of conciliation- Smart ODR, Industrial Disputes Act, Commercial Court Act, All other acts where conciliation is being used.
Job Opportunities for Conciliators
Case Laws: Haresh Dayaram Thakur v. State of Maharashtra (2000), Byram Pestonji Gariwala v. Union Bank of India (1991).
Use of conciliation in cross-border investment disputes.

Stages: Opening → Joint session → Caucus → Settlement.

Relevance of an opening statement
Why an opening statement is important
Components of opening statement

simulation exercise- scenario based opening statements
1 statement by mediator and another practice by students
opening statement of a mediator (ask students to give it a try in class)

Rights of self determination of parties in Mediation
Joint session → Caucus → Settlement.

Helping the parties derive options
Helping the parties reach a settlement vis a vis those options
(Video on mediation- 20 min-Mediation process- ask shweta ma'am for link)

Stages of negotiation: preparation, bargaining, closing, implementation.
Standard negotiation rules

Soft skills and ethics of a mediator- neutrality, empathy, genuiness, confidentiality, communication skills

Models of mediation: Facilitative, Evaluative, Transformative.

use cases of each of these- perplexity can help
Story telling format

Case Laws in Mediation- 4 landamrk cases in Mediation
Case Laws: MR Krishna Murthi v. New India Assurance Co. (2019).
Case Laws: K. Srinivas Rao v. D.A. Deepa (2013) – court-referred mediation.
Case Laws: Salem Advocate Bar Association (II) (2005) – framed mediation rules.

Drafting of a Settlement Agreement
Enforceability of a Settlement Agreement
When does a mediation fail
Relevance of Stamping of a settlement agreement

Module

Mediation & Conciliation: Process & Framework

Mediation Act, 2023: Statutory developments and current jurisprudence.
Detailed analysis (Theory class- Add infographics)

IBC and Mediation

Mediation Rules
1 International Mediation Centre rules and 1 cord rules
UNCITRAL Laws on Mediation
Singapore Convention on Mediation, 2019.

Parties to a mediation
clients, roles of lawyers in mediation, tribunal secy, case managers and mediators

Mediation clauses
Drafting a well defined clauses in a contract

Stages of negotiation: preparation, bargaining, closing, implementation.
Standard negotiation rules

Soft skills and ethics of a mediator- neutrality, empathy, genuiness, confidentiality, communication skills

Models of mediation: Facilitative, Evaluative, Transformative.

use cases of each of these- perplexity can help
Story telling format

Drafting of a Settlement Agreement
Enforceability of a Settlement Agreement
When does a mediation fail
Relevance of Stamping of a settlement agreement

Module

Lok Adalats & Ombudsman

Evolution & concept of Lok Adalats.
Accessible justice for commons

Legal Services Authorities Act, 1987.
Article 39A of Constitution
Use Cases of Lok Adalat

Types: Permanent Lok Adalats, National Lok Adalats, Mega Lok Adalats.
Events around Lok Adalat
How to bceome part of a Lok Adalat
How to enrol themselves in legal cell of the courts

Concept of Ombudsman
Swiss Concept
Evolution
Theory session

RBI Ombudsman- conciliation for RBI related matters (policy to be taught in class)
Bank Ombudsman (replicated on the lines of RBI Ombudsman)
SEBI Ombudsman Scheme (at parliamentary stage)
Pvt Sector Bank Ombudsman

Module

Lok Adalats & Ombudsman

Evolution & concept of Lok Adalats.
Accessible justice for commons

Legal Services Authorities Act, 1987.
Article 39A of Constitution
Use Cases of Lok Adalat

Types: Permanent Lok Adalats, National Lok Adalats, Mega Lok Adalats.
Events around Lok Adalat
How to bceome part of a Lok Adalat
How to enrol themselves in legal cell of the courts

Concept of Ombudsman
Swiss Concept
Evolution
Theory session

Module

Online Dispute Resolution (ODR)

Role of technology in ADR.
NITI Ayog's Policy report on ODR
UNCITRAL Model Law on ODR

ODR platforms in India – Sama, Presolv360, CADRE, CORD

AI & blockchain in dispute resolution.

Case Laws: 4 news judgments – e-agreements & arbitration.

Multi Modal forms of communication in ODR

Use of AI, blockchain & smart contracts in ADR.

Use cases of ODR- ONDC, Sehmati, Smart ODR, Debt Recovery

Job Opportunities in ODR

Challenges in ODR adoption.

Module

Online Dispute Resolution (ODR)

Role of technology in ADR.
NITI Ayog's Policy report on ODR
UNCITRAL Model Law on ODR

ODR platforms in India – Sama, Presolv360, CADRE, CORD

AI & blockchain in dispute resolution.

Case Laws: 4 news judgments – e-agreements & arbitration.

Multi Modal forms of communication in ODR

Use of AI, blockchain & smart contracts in ADR.

Use cases of ODR- ONDC, Sehmati, Smart ODR, Debt Recovery

Job Opportunities in ODR

Challenges in ODR adoption.

Module

Emerging Trends

AI in Legal Tech
AI in Arbitration
AI in Mediation
AI in Dispute Resolution
AI in ODR
e court projects and transcription of case laws by the SC and the constitutional bench
Limitation of AI in Legal Tech

Trends and Novel Issues in Arbitration
Group of companies doctrine
Third-party Funding - TPAF disclosure issues
arbitrability of disputes

Module

Emerging Trends

Trends and Novel Issues in Arbitration
Group of companies doctrine
Third-party Funding - TPAF disclosure issues
arbitrability of disputes

Benefits

Our comprehensive program equips you with the essential skills and knowledge to excel in your career. With a structured learning approach and hands-on industry-relevant projects, you'll develop the ability to tackle complex challenges and stay ahead in the dynamic field of Mergers and Acquisitions and PE/VC.

potential Placement Partners