The document discusses the framework for clinical teaching in legal education, emphasizing the importance of Alternative Dispute Resolution (ADR) methods such as negotiation, conciliation, arbitration, and mediation. It outlines specific learning objectives for students and the necessity of experienced instructors in delivering practical skills through simulations and case studies. Additionally, it highlights the regulatory guidelines set by the Bar Council of India and the need for innovative teaching approaches in law schools.

1. TRAINING
ON
ADR TEACHING/PRACTICE

2. Presentation
by
Maj. Gen. Nilendra Kumar,
Director,
Amity Law School, Noida

3. LLB CURRICULUM AND LEARNING OBJECTIVES

4. INTRODUCTION
TO
CLINICAL TEACHING

5. LLB curriculum has been framed by Bar Council
of India as the regulatory body.

6. Rules of Legal Education, 2008

7. Common to both streams viz. three year and
five year programmes.

8. BCI has specified the courses to be taught for
both the streams.

9. Part II (B) compulsory clinical courses is the
relevant document for this presentation.

10. Papers 21 to 24 pertain to clinical courses

11. PAPER NUMBER 23
OUTLINE OF THE COURSE
(i) Negotiation skills to be learned with simulated
program.
(ii) Conciliation skills.
(iii) Arbitration law and practice including
International Arbitration and arbitration rules.

12. STATUTORY LAW
1. The Arbitration and Conciliation Act, 1996
2. Industrial Disputes Act, 1947
Section 23 of Hindu Marriage Act, 1955.
Section 9 of the Family Courts Act, 1984.
Sections 80, 89 and Order 23 Rule 3, Order 27
Rule 5B and 32A of the Civil Procedure
Code.
Legal Services Authority Act, 1997

13. Obligatory for the court to give a fair chance to a
conciliated or negotiated settlement before
adjudication is embared upon.

14. STATUTORY SUPPORT
The Code of Civil Procedure 1908

15. Part V
Special Proceedings Arbitration

16. Section 89. Settlement of Disputes outside the
Court.
Resolution of disputes outside the court may be
by :
Arbitration
Conciliation
Judicial settlement including settlement through
Lok Adalat
Mediation

17. ALTERNATIVE DISPUTES RESOLUTION
A process for settlement of legal disputes
without resorting to judicial processes and
courts.

18. COMMON MODES OF ADR
1. Negotiation
2. Conciliation
3. Arbitration
4. Mediation

19. NEGOTIATION
Strictly, negotiation by itself is not an ADR
procedure because it is a bipartite process and
does not require a third person for facilitating
the resolution of the dispute by settlement.

20. Negotiation is the simplest and most purposeful
method of settling commercial disputes
between the parties or their advisers.

21. MAHATMA GANDHI ON ADR
I felt that my duty was to befriend both parties
and bring them together. I strained every nerve
to bring about a compromise……. I realized that
the true function of a lawyer was to unite
parties riven asunder. The lesson was so

22. indelibly burnt into me, that a large part of my
time during the twenty years of my practice as a
lawyer was occupied in bringing about private
compromises of hundreds of cases. I lost
nothing thereby – not even money certainly not
my soul.
The Law and The Lawyer, MK Gandhi, Page 48

23. NEGOTIATION
Negotiation is a dialogue between two more
people or parties intended to reach an
understanding, resolve points of difference, to
craft outcomes to satisfy various interests.

24. Negotiation can be contrasted with mediation
where a neutral third party listens to each side
arguments and attempts to help craft an
agreement between the parties.

25. A skilled negotiator may serve as an advocate
for one party to the negotiation. The advocate
attempts to obtain the most favourable
outcomes for that party.

26. AAR dBeIvTiRceA wThIOerNeby the settlement of a question,
which is of interest for two or more persons, is
entrusted to one or more persons - the
arbitrator or arbitrators – who derive their
powers from a private agreement, not from the
authorities of a State, and who are to proceed
and decide the case on the basis of such an
agreement.

27. COCoNnCcIiLliIaAtiToInO iNs an alternative dispute resolution
process whereby the parties to a dispute use a
conciliator who meets with the parties
separately in an attempt to resolve the
differences.

28. MEDIATION
It is a form of alternative dispute resolution, a
way of resolving disputes between two or more
parties with concrete effects. A third party, a
mediator assists the parties to negotiate a
settlement.

29. DIFFERENCE BETWEEN
CONCILIATION AND MEDIATION
The role of a mediator is not pro-active and is
somewhat less than the role of a conciliator.
The conciliator can make proposals for
settlement while a mediator would not do so
but would merely facilitate a settlement.

30. COMPROMISE
An agreement or settlement of a dispute that is
reached by each side making concession.

31. Who will teach and how?

32. Purely academics with no practical exposure to
ADR practice may not succeed in imparting
practical skills needed for the profession.

33. The course is required to be conducted by senior
legal practitioners.

34. This could in the next stage be taken up with law
Professionals with adequate experience of
ADR practice.

35. A major portion of the course would require to
be taught by examples and illustrations.

36. Also through simulation and case studies

37. SIMULATION
Simulation is the imitation of a real world
process or system over time. It may be used
when 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 do’s & don’ts.
Also there can be used to explain a statutory
provision.

40. Enumerate prescribed and recommended
literature.

41. Prescribed literature may be the legislations
indicated.

42. Recommended literature

43. S.No. TITLE AUTHOR
1. Law Relating to Arbitration
and Conciliation.
P.C. Markanda
2. Commentary on the
Arbitration and Conciliation
Act.
Justice S.B. Malik
3. Johri’s Commentary on
Arbitration and Conciliation
Act.
H.C. Johri
4. Basu on Law of Arbitration
and Conciliation.
P.K. Majumdar
5. The Law and Practice of
Arbitration and Conciliation
O.P. Malhotra
and Indu
Malhotra

44. S.No. TITLE AUTHOR
6. Law of Arbitration and
Conciliation.
H.K. Saharay
7. Arbitration and Conciliation
Law of India.
G.K. Kwatra
8. Arbitration Agreements and
Awards
Ashwinie Kumar Bansal
9. Law Relating to Arbitration and
Conciliation in India.
Dr. N.V. Paranjape
10. Arbitration, step by step M.C. Majumdar, Naresh
Markanda and Rajish
Markanda
11. Arbitration and Conciliation
Act.
Hari Dev Kohli

45. S.No. TITLE AUTHOR
12. Arbitration Business
Commercial Laws
Dr. Justice A.R.
Lakshamanan
13. Arbitration and
Conciliation Act
Dr. S.C. Tripathi
14. Law of Arbitration and
Conciliation in India
Dr. S.S. Misra
15. Law Relating to
Arbitration and ADR
N.K. Acharya
16 International Commercial
Arbitration and State
Immunity
K.I. Vibhute

46. S.No. TITLE AUTHOR
17. Text book on Arbitration
and Conciliation with
Alternative Dispute
Resolution
Madhusudan
Saharay

47. LEARNING OBJECTIVE
To train students to acquire suitable skill to
undertake ADR at district court level.

48. The word ‘train’ has been preferred over ‘teach’

49. What are Learning Objectives?
A Learning Objective describes what
students should know or be able to do at the
end of the course that they couldn’t do before.

50. Learning Objective should be about student
performance.

51. To decide Learning Objective, one has to
begin with the end in mind.

52. Simply put, what is the aim or objective of the
course.
Something like, end would decide the means to
be followed.

53. EVALUATION
To be carried out in practical exercises at least
for a significant part of evaluation.

54. CONCLUSION
ADR teaching and practice would involve an
innovative approach by the faculty as well as
formulated recourse to internship.
Clinical teaching may be utilized as one of the
major modes for teaching in law schools for
suitable imparting of professional skills.