Brochure Cdm

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    CDM is a distance learning course which willprovide a good basic knowledge of ADR Negotiation, Mediation & Arbitration. The courseprovides guidance to become an effective negotiator and a good mediator. The course also givesknowledge on the concept of conciliation andarbitration.Candidates who successfully completethe program will be treated as Grade-C Mediators.They will be deemed to have completed 15 hoursof training and as per IIAM norms they will beempanelled with IIAM and will be entitled to

    The program consists of two modules.

    Module 1 Title: Basics on Negotiation & MediationModule 1 Title: Basics on Negotiation & MediationModule 1 Title: Basics on Negotiation & MediationModule 1 Title: Basics on Negotiation & MediationModule 1 Title: Basics on Negotiation & Mediation

    Study of conventional types of negotiation and the alternatives for principled negotiation and its stagesand method. Styles of negotiation and preparing to effective negotiation. Overview on mediation basedon evaluative and facilitative methods.

    Module 2 Title: Dispute Management ADR MethodsModule 2 Title: Dispute Management ADR MethodsModule 2 Title: Dispute Management ADR MethodsModule 2 Title: Dispute Management ADR MethodsModule 2 Title: Dispute Management ADR Methods

    Comparative study of mediation and Conciliation and the methods of mediation. Arbitration and its styleof dispute resolution. Analysis of systems of mediation and arbitration andvarious laws and rules.

    Assessment StrategyAssessment StrategyAssessment StrategyAssessment StrategyAssessment StrategyAssessment is by evaluation of the assignments given at the end of the module.

    Course materialCourse materialCourse materialCourse materialCourse materialThere will be four reading and study assignments as course materials, andthese form an essential part of the distance learning course. They are designedto help to work through the course and understand the concepts.

    About the Course

    mediate community disputes. The normal commercial mediator training program would be for 40 hours.After successful completion, they will be treated as Grade-B Mediators and they will be entitled to

    mediate all types of disputes. Grade-C Mediators who completes 50 hours of community mediation, willbe graded as Grade-B Mediators, based on evaluation of the feedback digest and they will be entitled tomediate all types of disputes. Grade-B Mediators, who completes 200 hours of mediation, will be entitledto apply for IMI (International Mediation Institute) Certification to be come Grade-A Mediators. IMICertification will be made based on the guidelines issued by IMI.

    The course is valid for six months from the date of enrolment. Participants can enroll at any time of year and study entirely at their own pace, submitting assignments when they are ready. A tutor will beavailable to mark the assignments and give feedback on the progress for a period of six months from thedate of enrolment.

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    AssignmentsAssignmentsAssignmentsAssignmentsAssignmentsEach assignment consists of a problem evaluation and should be no more than 2,500words. Through answering the assignment the applicant will apply the knowledgegained through reading, and test the understanding of the concepts.

    CertificationCertificationCertificationCertificationCertificationOn successfully completing the assignments included in the course the certificatewill be awarded.

    Course feeCourse feeCourse feeCourse feeCourse feeRs. 7500/- (USD165 / Euro115) towards tuition fee and Rs. 750/- towards handlingcharges within India or Rs. 2000/- (USD45 /Euro30) towards handling charges outsideIndia. The first part of the course will be sent out on receipt of the completed applicationform and payment. The second part will be sent out on completion of the first module.

    ApplicationApplicationApplicationApplicationApplicationThe Admission into the Distance Education Program is open throughout the year andthe participant can enroll at any time if he meets the eligibility criteria. To apply for CDM Distance education course, complete the course enrolment application form,and submit by post. Applicants are required to submit the completed application form,the tuition and handling fee and all required documentary evidence concerning their educational qualifications, date of birth and full name. Payment by DD shall be infavour of Indian Institute of Arbitration & Mediation. No final decision about anapplication can be made until this documentation has been received and inspected toIIAMs satisfaction.

    Study by distance learning is for people who wish toenhance their career prospects and gain aqualification without having to attend any timetabledclasses. Distance-Ed programs offer the facility tostudy in a flexible way and fit it around your lifestyle.Trying to get a higher qualification to better yourself,and so improve your talent and employmentpossibilities, can be difficult if you need to attendexpensive classes while trying to keep your job. Thatmight be is the biggest advantage to distanceeducation. It gives you the ability to get yourqualification by working at your own pace whileputting in the hours you can. Distance learning is alsoan advantage to those who have moved to other

    countries for employment reasons and want to betterthemselves but cannot attend regular institutions orcolleges. The distance education facilities will conductprograms by correspondence, when you send yourwork through the mail, or over the Internet. This is aneasier way to take a distance learning program asyoull have your work marked faster and so cancontinue at a quicker pace.

    IIAM offers Distance and Online Education programsapproved by international standards and guided bydomestic and international faculty.

    Why Distance-Ed?Why Distance-Ed?Why Distance-Ed?Why Distance-Ed?Why Distance-Ed?

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    Indian Institute of Arbitration & Mediation (IIAM) is one of the pioneer institutions dealingwith alternative dispute resolution (ADR) services and dispute prevention & management (DPM)

    services in India. Activities of IIAM are guided by an Advisory Board comprised of eminent jurists and professionals.

    IIAM is in the Advisory Board and the IndependentStandards Commission of the International MediationInstitute (IMI) at The Hague, Netherlands, which is formedfor the purpose of certifying international standards for mediators and for implementing the Global Mediator Competency Certification. IIAM is also the approvedinstitution by IMI for Experience Qualification Path for Mediators in India. IIAM was the International AssociateMember of the Civil Mediation Council UK. IIAM alsoconducts international accredited training programs innegotiation, mediation and arbitration in association withDispute Resolution Institute Hamline University Schoolof Law USA, ADR Chambers UK and Civil MediationCouncil UK.

    More details about the institution and its activities are available in the websitewww.arbitrationindia.orgwww.arbitrationindia.orgwww.arbitrationindia.orgwww.arbitrationindia.orgwww.arbitrationindia.org

    About the Institution

    I would like to whole heartedly endorsethe efforts of IIAM for promoting

    Alternative Dispute Resolutionmethods. I have been made tounderstand that this body has beenapproved by the InternationalMediation Institute, based in the Hague - to conductspecialized training and grant certificates for qualifiedmediators. The credentials of this institution are furtherbolstered by the presence of eminent jurists, experts andacademics on its Advisory Board as well as its tie-ups withacademic institutions and other private bodies that promote

    ADR techniques.

    K.G. BALAKRISHNANChief Justice of India

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    Module 1Basics on Negotiation & Mediation (Part 1)

    OverviewImportance of ADR

    NEGOTIATIONOverview on Negotiation

    FUNDAMENTALS ON NEGOTIATIONIntroductionProblems of conventional negotiationsWhat is the alternative?

    THE METHODSeparate the people from the problemFocus on interests, not positionsInvent options for mutual gainInsist on using objective criteria

    NEGOTIATION STRATEGIESIntroductionFive basic negotiation stylesCorporative versus competitive stylesBeyond style to effectiveness

    FOUNDATIONS OF EFFECTIVE NEGOTIATIONIntroduction

    Negotiation styleAttitudeAuthoritative Standards & NormsLeverage

    IMPROVING STRATEGIESDeveloping your BATNAThe better your BATNA, the greater your powerConsider other sides BATNAMaking to participateNegotiation JujitsuConsider the one-text procedure

    TAMING THE HARD BARGAINERHow to negotiate about the rules of the game?Some common tricky tactics

    ETHICS IN NEGOTIATIONThe minimum standard Obey the LawBeyond the Law A look at Ethics

    CourseCourseCourseCourseCourse ContentsContentsContentsContentsContentsModule 1Basics on Negotiation & Mediation (Part 2)

    MEDIATIONOverview on MediationHow does it work?What is Mediation?Key qualities of Mediation ProcessAdvantages

    THE ART & SCIENCE OF MEDIATIONSome key ADR distinctionsMediation Defined

    THE METHODMediators & their approaches

    PRINCIPLES OF CONFLICT MANAGEMENTThe Five Ps of Conflict Management

    STAGES OF MEDIATIONInitiation of the Mediation ProcessMediation SessionPost Session

    THE MEDIATORS JOBJob description of a MediatorJob qualification of a MediatorMediators QualitiesAssess your point of entryCommit

    BADGERBegin the DiscussionAccumulate InformationDevelop the Agenda & Discussion StrategiesGenerate MovementEscape to Separate SessionsResolve the Dispute

    MEDIATORS TECHNIQUESNegotiation techniques used by a Mediator

    FORMS OF AGREEMENTWritten AgreementsNo Written Agreements

    PRE-REQUISITE FOR SUCCESS OF MEDIATIONJoy of Mediating

    ETHICAL DILEMMAS & PRACTICAL CHALLENGESCode of Conduct for MediatorsThe right measure of Ethics Just enough

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    CourseCourseCourseCourseCourse ContentsContentsContentsContentsContentsModule 2Dispute Management ADR Methods (Part 1)

    CONCILIATIONOverview & Definition of Conciliation

    VARIETIES OF CONCILIATIONCharacteristics of Conciliation

    WHO IS A CONCILIATOR?Qualities & Duites of a ConciliatorContribution & Role of ConciliatorRestrictions on role of Conciliator

    DISPUTES SUITABLE FOR CONCILIATIONHow can resource to Conciliation be sought?

    MEDIATION & CONCILIATIONSimilarity between Mediation & ConciliationDifference between Conciliation & Mediation underIndian LawAdvantages & Disadvantages

    PRINCIPLE STEPS IN MEDIATION THROUGHMEDIATION CENTREStages in a Structured Mediation ProcessPrinciples of procedure of ConciliationTermination of Conciliation ProceedingsSimilarity between Arbitration & Conciliation

    BRIDGING THE DIVIDE BETWEEN LAWYERS &MEDIATORSWhat Mediators can do for Lawyers?

    CONCILIATION UNDER THE ARBITRATION &CONCILIATION ACT OF 1996Conciliation ProceedingsRole of Conciliator in Conciliation ProceedingsTermination of Conciliation Proceedings

    THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT,1999Settlement of Disputes outside the Court

    CONSULTATION PAPER ON ADR & MEDIATION RULESDraft Alternative Dispute Resolution & MediationRules 2003

    IMPORTANCE OF ADRInstitutional ADR

    IIAM MEDIATION RULES

    Module 2Dispute Management ADR Methods (Part 2)

    ONLINE DISPUTE RESOLUTIONIntroductionOnline Dispute Resolution: An OverviewArbitration ProvidersChoice of systemBenefits & Challenges of ODRTechnology as the Fourth Party

    EVOLUTION OF ARBITRATION LAW IN INDIAEvolution of law relating to arbitration in IndiaThe Arbitration Act 1940The Arbitration & Conciliation Act 1996

    DEFINITION & MEANING OF ARBITRATION

    Administered ArbitrationArbitrable DisputesDefinition of Arbitration AgreementArbitration clauses in contractsWritten arbitration agreementAdvantages of Arbitration

    APPOINTMENT OF ARBITRATORProcedure for appointment of ArbitratorsChallenge and Removal of ArbitratorsDetermination of the Tribunals competence

    ARBITRAL AWARDDetermination of law applicable to arbitralproceedingsMaking of an AwardDefinition & Kinds of AwardCorrection & Intepretation of AwardAdditional AwardEffect of final Arbitral award

    SALIENT FEATURES OF THE ARBITRATION &CONCILIATION ACT 1996

    INTERNATIONAL COMMERCIAL ARBITRATIONUse of Arbitration in Settlement of InternationalCommercial Disputes

    FOREIGN AWARDSINTERNATIONAL COMMERCIAL ARBITRATIONCOMPARISON WITH ARBITRATION LAWS OF SAARCCOUNTRIESINSTITUTIONAL ARBITRATIONINTERNATIONAL BAR ASSOCIATION ETHICS FORINTERNATIONAL ARBITRATORS

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    C e r t i f i c a t e i n D i s p u t e M a n a g e m e n t

    D I S T A N C E - E

    D P

    R O G R A M

    Application FormApplication FormApplication FormApplication FormApplication FormAffix your passport size

    photograph hereName:

    Date of Birth: Male: Female:

    Address for correspondence:

    Telephones: Mobile:

    Email:

    Academic qualifications: (Please mention the highest qualification)

    (To be filled by working professionals only)

    Designation:

    Name of Organisation:

    Experience (in years) :

    Payment by: Cheque Demand Draft

    Signature:

    Examination passed College/School/University Year Divison / Comments

    No.:

    Bank:

    Date:

    Branch:

    No column should be left blank All entries to be made in block letters Attach self-attested photocopy of highest qualification Attach a brief Statement of Purpose indicating your interest in Dispute Management

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