ADR Complete Course

This comprehensive lecture covers the complete course on Alternative Dispute Resolution (ADR) for law students and competitive exam aspirants. It breaks down the foundational concepts, negotiation strategies, mediation under the Mediation Act 2023, and the entire scheme of the Arbitration and Conciliation Act, 1996. Key procedural doctrines, Section 89 CPC, and landmark Supreme Court rulings are explained in detail.

In this video you will learn:
• Understand the distinction between negotiation, mediation, conciliation, Lok Adalat, and arbitration.
• Master Section 89 CPC and foundational rulings including Salem Bar Association and Afcons Infrastructure.
• Learn negotiation theory including BATNA, WATNA, ZOPA, and principled negotiation concepts.
• Examine the key provisions, exclusions, and settlement enforcement rules under the Mediation Act, 2023.
• Master arbitration agreements, separability, competence-competence, and the fourfold test of arbitrability.
• Understand the seat versus venue distinction from BALCO and unilateral appointment rules under CORE.
• Learn the grounds for setting aside arbitral awards under Section 34 and foreign award enforcement.
• Analyze the emerging statutory framework and challenges of Online Dispute Resolution (ODR) in India.

Topics covered:
• Concept, Evolution, and Limits of Litigation in ADR
• Section 89 CPC and Court-Annexed ADR
• Principles and Techniques of Negotiation (BATNA, ZOPA)
• Mediation Models, Process, and Ethics
• Mediation Act, 2023 and Pre-Institution Mediation
• Arbitration Agreement, Separability, and Competence-Competence
• Fourfold Test of Arbitrability and Fraud
• Seat versus Venue and Party Autonomy
• Interim Measures and Appointment of Arbitrators
• Arbitral Proceedings and Arbitral Awards
• Setting Aside Awards under Section 34 and Section 37 Appeals
• Enforcement of Domestic and Foreign Awards
• Online Dispute Resolution (ODR) Framework and Challenges
• ADR Summary and Law Exam Preparation

Important case laws:
• Salem Advocate Bar Association v Union of India (2005)
• Afcons Infrastructure Ltd v Cherian Varkey Construction Co (P) Ltd (2010)
• Patil Automation Private Limited v Raheja Engineers Private Limited (2022)
• Cox and Kings Ltd v SAP India Pvt Ltd (2023)
• Bharat Aluminium Company v Kaiser Aluminium Technical Services Inc (2012)
• Central Organisation for Railway Electrification v ECI-SPIC-SMO-MCML (2024)
• Oil and Natural Gas Corporation Limited v Saw Pipes Limited (2003)
• Ssangyong Engineering and Construction Company Limited v National Highways Authority of India (2019)
• Gayatri Balasamy v ISG Novasoft Technologies Limited (2025)

Statutory provisions discussed:
• Article 39A, Constitution of India
• Section 28, Indian Contract Act, 1872
• Section 89, Code of Civil Procedure, 1908
• Order 10 Rule 1A, Code of Civil Procedure, 1908
• Section 4, Mediation Act, 2023
• Section 6, Mediation Act, 2023
• Section 12A, Commercial Courts Act
• Section 7, Arbitration and Conciliation Act, 1996
• Section 16, Arbitration and Conciliation Act, 1996
• Section 34, Arbitration and Conciliation Act, 1996

Useful for: LL.B. (3-year and 5-year integrated), UGC NET Law, CLAT PG, University semester exams and Judiciary aspirants.