Mediation has evolved as one of the most popular form of dispute resolutions for the simple reasons that it does not see a dispute through the lens of an examiner but rather seeks to resolve it by inculcating a change in the parties to the dispute using the tool of positivity.
This simple yet least found element in any dispute resolution process makes the procedure of mediation so attractively familiar and easy for any party to adopt once the acceptability of the unconventional methodology adopted grows strong. Even though there have been various forms of ADR techniques that are present for resolving disputes but when one looks at the most popular model mediation is the winner and has some extra edges over the other most popular method of ADR i.e. arbitration.
In the words of Justice Bobde (CJI as he was then), compulsory pre-litigation mediation should be made compulsory so that it increases efficiency and reduces the pendency of cases thereby allowing justice for all.
These words are a strong resonance of the feeling and opinion of a vast section of the legal community who strongly believe that just as we have adopted various good practices of the west its now time that we also try to adopt their dispute resolution process and Indianise the same so that we get the best possible result and concept of true justice does not elude anybody.
In order to realise these dreams its equally important to have such trained people who can truly carry out the process in a knowledgeable and effective manner. Thus, when Justice Bobde (CJI as he was then) wrote a letter to the Bar Council of India in this matter, it decided to issue an instruction to all the Universities across India vide a letter whereby they were told to incorporate a compulsory practical course on Mediation and Conciliation in the legal curriculum.
This FDP is an effort to disseminate the nuances of Mediation by providing you hands-on training sessions and lectures on the various aspects of the subject which will be delivered by a number of legal luminaries and experts who are well known personalities in the area of Mediation Law and its practice.
Objectives of the Course
This course wishes to impart knowhow to the aspirants who are desirous to learn as well as improve their understanding and skill in Mediation and Conciliation with the aim:
- To provide in depth understanding about the innovative pedagogy that may be adopted while dealing with the above-mentioned course.
- To have an understanding and develop the ability to design practical exercises that are required to evaluate the mentioned subject.
- To have knowledge about the other forms of ADR and identify the differences between other forms of ADR and mediation.
- .To understand the scope and applicability of the mediation in various kinds of disputes
- To be open to solutions and not try to suggest solutions which may or may not be acceptable to the parties.
Expected Course Outcome
The course aims-
- To develop the sensitivity amongst the participants while deciding disputes by understanding the underlying moral and ethical aspects that are also closely intertwined with any dispute resolution
- To enhance the mentoring skills of the faculty members and participants and thereby to become more efficient facilitators of academic delivery in the subject 0f Mediation.
- To cover various topics such as designing of innovative syllabi and course module, Testing and Evaluation, Creativity in teaching, that will be based upon a blend of theoretical and practical pedagogy.
- To equip participants with comprehensive teaching and quality pedagogical skills that will make the study of mediation more practice oriented.
- To enhance the employability skills of the future stakeholders so that they can use the skills that they learn from their trainers to actually resolve disputes
The detailed Course outline is as follows:
Session one- 23/10/2021 1 P.M
- Understanding the meaning of dispute for resolution and its importance in delivering quality justice
- S. 89 of CPC and other provisions and growth of ADR in India
- Mediation Laws in India
- Importance of Communication in mediation
- Negotiation and its facets
- ODR vis-à-vis Mediation
Session one- 24/10/2021 1 P.M
- Problem-solving strategies and ensuring positive outcomes in dispute resolution
- Conducting Effective Mediation
- Qualities and Skills of Mediators
- Drafting of Mediated Agreements and its enforceability
- International Development relating to mediation
Problem solving exercise by trying to mediate a hypothetical problem using mediation as a practice option.
Course Suggested for
- Legal Professionals/Advocates
- Chartered Accountant
- CA Aspirants
- CS Aspirants
- Insolvency Professional
- Law Students
23rd October- 1 P.M to 6 P.M Saturday (With 2 Break)
24th October- 1 P.M to 6 P.M Sunday (With 2 Break)
Question and Answer Session
Question and Answer session will be there after every session.
Mr. Victor Nayak is an Assistant Professor of Law at Galgotias University. Mr. Victor Nayak has more than 8 Years of Experience in Academics.
Specialisation- Corporate Law, Mergers and Acquisition, ADR, Competition Law.
Certifiacte will be issued after 48 Hours of Successful completion of Course.
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Contact Person for any query
Timing- 2 P.M to 6 P.M
Mail- [email protected]
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