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Conflict Management through Mediation

Prof. Ashok R. Patil · National University of Study and Research in Law

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About

With the growth in the number of disputes, there has been a huge pendency of cases in the Courts. As per the National Judicial Data Grid, there are 1,08,53,639 pending civil cases and 70.19% of them are 1 year old. Hon’ble Chief Justice of India D Y Chandrachud, also said that courts in India are “extremely burdened” and “desperately congested”, and given the alarming rate of high pendency of cases, dispute resolution mechanism like mediation is an important tool.

Hence, to do away with it and to avoid tedious court process, mediation is seen as the emerging trend lately. It offers the settlement of dispute outside the Court premises and provides for an equally feasible solution to the parties. The Hon’ble Supreme Court of India while recognizing the importance of mediation, Hon'ble the Chief Justice of India set up the Mediation and Conciliation Project Committee (MCPC) in 2005 for encouraging amicable resolution of disputes pending in the courts in accordance with Section 89 of the Code of Civil Procedure. The impact of mediation has been so signification in the field of dispute settlement, which is evident from the statistic provided on the Supreme Court website. The number of mediation centres in India: 839; No. of Cases referred to the centres since inception (Upto June, 2015) : 9,37,995: Settled: 3,36,455 and Connected cases: 38,764.

The course will enlighten the viewers about the very concept of mediation from the root level and its importance. All the essentials which one need to know regarding mediation are covered in the course like conflicts, the procedure of mediation, its stages and all allied legislations to it. Today, a large number a people have successfully resolved their dispute via mediation. Mediation can overturn a conflict situation to a win-win situation and hence will be relevant for every industry, business professionals, government officials, civil servants, academicians, students, of all allied fields. The learners of the course will…

Lectures

Week 1

  1. Introduction to Course Outline and concepts YouTube
  2. Need for ADR and Hierarchy of Courts YouTube
  3. Conflict and Conflict Management - Part 1 YouTube
  4. Conflict and Conflict Management - Part 2 YouTube
  5. Legal Development of ADR in India YouTube

Week 2

  1. Introduction to Week 2 YouTube
  2. Judicial Process v. Mediation YouTube
  3. Arbitration v. Mediation YouTube
  4. Conciliation v. Mediation YouTube
  5. Lok Adalats v. Mediation YouTube
  6. Negotiation v. Mediation YouTube

Week 3

  1. Introduction to Week 3 YouTube
  2. Concept of Mediation YouTube
  3. Features of mediation YouTube
  4. Advantages of mediation YouTube
  5. Stages of Mediation YouTube

Week 4

  1. Types of Mediation YouTube
  2. Pre-Litigation Mediation YouTube
  3. Post-Litigation Mediation YouTube
  4. Private Mediation YouTube
  5. Challenges in mediation YouTube
  6. Introduction to Mediation Act 2023 & Important Definitions YouTube
  7. Mediation Agreement YouTube
  8. Pre-litigation Mediation YouTube
  9. Disputes not fit for mediation YouTube
  10. Power of court or tribunal to refer parties to mediation. YouTube
  11. Mediators YouTube
  12. MEDIATION PROCEEDINGS YouTube
  13. Enforcement of Mediated Settlement Agreement, Online Mediation & Mediation Council of India YouTube
  14. MEDIATION SERVICE PROVIDERS AND MEDIATION INSTITUTES YouTube
  15. COMMUNITY MEDIATION YouTube
  16. MISCELLANEOUS YouTube

Week 5

  1. Introduction to Week 5 YouTube
  2. Communication in mediation YouTube
  3. Paraphrasing, Restating & Reflecting YouTube
  4. Summarising YouTube
  5. Reframing YouTube
  6. Body Language and Perception YouTube
  7. Do's and Dont's for Mediator YouTube
  8. Role of Mediator YouTube
  9. Mediator- Personality YouTube

Week 6

  1. Medition under Consumer Protection Act, 2019- Introduction YouTube
  2. Medition under Consumer Protection Act, 2019- Chapter V YouTube
  3. Consumer Protection (Mediation) Rules, 2020 YouTube
  4. Consumer Protection (Mediation) Regulations, 2020 YouTube

Week 7

  1. Mediation under Commercial Courts Act, 2015- Part 1 YouTube
  2. Mediation under Commercial Courts Act, 2015- Part 2 YouTube
  3. United Nations Convention on International Settlement Agreements Resulting from Mediation, 2018- Part 1 YouTube
  4. United Nations Convention on International Settlement Agreements Resulting from Mediation, 2018- Part 2 YouTube
  5. Mediation Bill, 2021 - Part 1 YouTube
  6. Mediation Bill, 2021 - Part 2 YouTube
  7. Online Despute Resolution YouTube
  8. Online Mediation YouTube

Week 8

  1. Mediation under Companies Act, 2013 YouTube
  2. Mediation Settlement YouTube
  3. Mediaition Settlement Illustration/ Sample- 1 YouTube
  4. Mediaition Settlement Illustration/ Sample- 2, Part 1 YouTube
  5. Mediaition Settlement Illustration/ Sample- 2, Part 2 YouTube
  6. Mediaition Settlement Illustration/ Sample- 3 YouTube

Syllabus and materials

At NPTEL, as the course publishes them.

Credits and licence

Institution
National University of Study and Research in Law
Department
Law
Teacher
Prof. Ashok R. Patil
Level
Undergraduate
Language
English
Subjects
Law
Source
NPTEL
Licence
CC BY-NC-SA, as NPTEL states it. Non-commercial use only. NPTEL's terms
Attribution
NPTEL states: "Distributed under Creative Commons Attribution-ShareAlike / CC BY - NC - SA", beside a BY-NC-SA badge. Coordinated by IIT Madras.
Who can watch
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