1. TRAININGONADR TEACHING/PRACTICE

2. PresentationbyMaj. Gen. Nilendra Kumar,Director,Amity Law School, Noida 3. LLB CURRICULUM AND LEARNING OBJECTIVES 4. INTRODUCTIONTOCLINICAL TEACHING 5. LLB curriculum has been framed by Bar Councilof India as the regulatory body. 6. Rules of Legal Education, 2008 7. Common to both streams viz. three year andfive year programmes. 8. BCI has specified the courses to be taught forboth the streams. 9. Part II (B) compulsory clinical courses is therelevant document for this presentation. 10. Papers 21 to 24 pertain to clinical courses 11. PAPER NUMBER 23OUTLINE OF THE COURSE(i) Negotiation skills to be learned with simulatedprogram.(ii) Conciliation skills.(iii) Arbitration law and practice includingInternational Arbitration and arbitration rules. 12. STATUTORY LAW1. The Arbitration and Conciliation Act, 19962. Industrial Disputes Act, 1947Section 23 of Hindu Marriage Act, 1955.Section 9 of the Family Courts Act, 1984.Sections 80, 89 and Order 23 Rule 3, Order 27Rule 5B and 32A of the Civil ProcedureCode.Legal Services Authority Act, 1997 13. Obligatory for the court to give a fair chance to aconciliated or negotiated settlement beforeadjudication is embared upon. 14. STATUTORY SUPPORTThe Code of Civil Procedure 1908 15. Part VSpecial Proceedings Arbitration 16. Section 89. Settlement of Disputes outside theCourt.Resolution of disputes outside the court may beby :ArbitrationConciliationJudicial settlement including settlement throughLok AdalatMediation 17. ALTERNATIVE DISPUTES RESOLUTIONA process for settlement of legal disputeswithout resorting to judicial processes andcourts. 18. COMMON MODES OF ADR1. Negotiation2. Conciliation3. Arbitration4. Mediation 19. NEGOTIATIONStrictly, negotiation by itself is not an ADRprocedure because it is a bipartite process anddoes not require a third person for facilitatingthe resolution of the dispute by settlement. 20. Negotiation is the simplest and most purposefulmethod of settling commercial disputesbetween the parties or their advisers. 21. MAHATMA GANDHI ON ADRI felt that my duty was to befriend both partiesand bring them together. I strained every nerveto bring about a compromise. I realized thatthe true function of a lawyer was to uniteparties riven asunder. The lesson was so 22. indelibly burnt into me, that a large part of mytime during the twenty years of my practice as alawyer was occupied in bringing about privatecompromises of hundreds of cases. I lostnothing thereby not even money certainly notmy soul.The Law and The Lawyer, MK Gandhi, Page 48 23. NEGOTIATIONNegotiation is a dialogue between two morepeople or parties intended to reach anunderstanding, resolve points of difference, tocraft outcomes to satisfy various interests. 24. Negotiation can be contrasted with mediationwhere a neutral third party listens to each sidearguments and attempts to help craft anagreement between the parties. 25. A skilled negotiator may serve as an advocatefor one party to the negotiation. The advocateattempts to obtain the most favourableoutcomes for that party. 26. AAR dBeIvTiRceA wThIOerNeby the settlement of a question,which is of interest for two or more persons, isentrusted to one or more persons - thearbitrator or arbitrators who derive theirpowers from a private agreement, not from theauthorities of a State, and who are to proceedand decide the case on the basis of such anagreement. 27. COCoNnCcIiLliIaAtiToInO iNs an alternative dispute resolutionprocess whereby the parties to a dispute use aconciliator who meets with the partiesseparately in an attempt to resolve thedifferences. 28. MEDIATIONIt is a form of alternative dispute resolution, away of resolving disputes between two or moreparties with concrete effects. A third party, amediator assists the parties to negotiate asettlement. 29. DIFFERENCE BETWEENCONCILIATION AND MEDIATIONThe role of a mediator is not pro-active and issomewhat less than the role of a conciliator.The conciliator can make proposals forsettlement while a mediator would not do sobut would merely facilitate a settlement. 30. COMPROMISEAn agreement or settlement of a dispute that isreached by each side making concession. 31. Who will teach and how? 32. Purely academics with no practical exposure toADR practice may not succeed in impartingpractical skills needed for the profession. 33. The course is required to be conducted by seniorlegal practitioners. 34. This could in the next stage be taken up with lawProfessionals with adequate experience ofADR practice. 35. A major portion of the course would require tobe taught by examples and illustrations. 36. Also through simulation and case studies 37. SIMULATIONSimulation is the imitation of a real worldprocess or system over time. It may be usedwhen the real system cannot be engaged,because it may not be accessible. 38. Simulation in education focus on specific tasks 39. Case law are as useful to indicate dos & donts.Also there can be used to explain a statutoryprovision. 40. Enumerate prescribed and recommendedliterature. 41. Prescribed literature may be the legislationsindicated. 42. Recommended literature 43. S.No. TITLE AUTHOR1. Law Relating to Arbitrationand Conciliation.P.C. Markanda2. Commentary on theArbitration and ConciliationAct.Justice S.B. Malik3. Johris Commentary onArbitration and ConciliationAct.H.C. Johri4. Basu on Law of Arbitrationand Conciliation.P.K. Majumdar5. The Law and Practice ofArbitration and ConciliationO.P. Malhotraand InduMalhotra 44. S.No. TITLE AUTHOR6. Law of Arbitration andConciliation.H.K. Saharay7. Arbitration and ConciliationLaw of India.G.K. Kwatra8. Arbitration Agreements andAwardsAshwinie Kumar Bansal9. Law Relating to Arbitration andConciliation in India.Dr. N.V. Paranjape10. Arbitration, step by step M.C. Majumdar, NareshMarkanda and RajishMarkanda11. Arbitration and ConciliationAct.Hari Dev Kohli 45. S.No. TITLE AUTHOR12. Arbitration BusinessCommercial LawsDr. Justice A.R.Lakshamanan13. Arbitration andConciliation ActDr. S.C. Tripathi14. Law of Arbitration andConciliation in IndiaDr. S.S. Misra15. Law Relating toArbitration and ADRN.K. Acharya16 International CommercialArbitration and StateImmunityK.I. Vibhute 46. S.No. TITLE AUTHOR17. Text book on Arbitrationand Conciliation withAlternative DisputeResolutionMadhusudanSaharay 47. LEARNING OBJECTIVETo train students to acquire suitable skill toundertake ADR at district court level. 48. The word train has been preferred over teach 49. What are Learning Objectives?A Learning Objective describes whatstudents should know or be able to do at theend of the course that they couldnt do before. 50. Learning Objective should be about studentperformance. 51. To decide Learning Objective, one has tobegin with the end in mind. 52. Simply put, what is the aim or objective of thecourse.Something like, end would decide the means tobe followed. 53. EVALUATIONTo be carried out in practical exercises at leastfor a significant part of evaluation. 54. CONCLUSIONADR teaching and practice would involve aninnovative approach by the faculty as well asformulated recourse to internship.Clinical teaching may be utilized as one of themajor modes for teaching in law schools forsuitable imparting of professional skills.