Course12910600859 lectures
Conflict Management through Mediation
Prof. Ashok R. Patil · National University of Study and Research in Law
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
- Introduction to Course Outline and concepts
- Need for ADR and Hierarchy of Courts
- Conflict and Conflict Management - Part 1
- Conflict and Conflict Management - Part 2
- Legal Development of ADR in India
Week 2
- Introduction to Week 2
- Judicial Process v. Mediation
- Arbitration v. Mediation
- Conciliation v. Mediation
- Lok Adalats v. Mediation
- Negotiation v. Mediation
Week 3
- Introduction to Week 3
- Concept of Mediation
- Features of mediation
- Advantages of mediation
- Stages of Mediation
Week 4
- Types of Mediation
- Pre-Litigation Mediation
- Post-Litigation Mediation
- Private Mediation
- Challenges in mediation
- Introduction to Mediation Act 2023 & Important Definitions
- Mediation Agreement
- Pre-litigation Mediation
- Disputes not fit for mediation
- Power of court or tribunal to refer parties to mediation.
- Mediators
- MEDIATION PROCEEDINGS
- Enforcement of Mediated Settlement Agreement, Online Mediation & Mediation Council of India
- MEDIATION SERVICE PROVIDERS AND MEDIATION INSTITUTES
- COMMUNITY MEDIATION
- MISCELLANEOUS
Week 5
- Introduction to Week 5
- Communication in mediation
- Paraphrasing, Restating & Reflecting
- Summarising
- Reframing
- Body Language and Perception
- Do's and Dont's for Mediator
- Role of Mediator
- Mediator- Personality
Week 6
- Medition under Consumer Protection Act, 2019- Introduction
- Medition under Consumer Protection Act, 2019- Chapter V
- Consumer Protection (Mediation) Rules, 2020
- Consumer Protection (Mediation) Regulations, 2020
Week 7
- Mediation under Commercial Courts Act, 2015- Part 1
- Mediation under Commercial Courts Act, 2015- Part 2
- United Nations Convention on International Settlement Agreements Resulting from Mediation, 2018- Part 1
- United Nations Convention on International Settlement Agreements Resulting from Mediation, 2018- Part 2
- Mediation Bill, 2021 - Part 1
- Mediation Bill, 2021 - Part 2
- Online Despute Resolution
- Online Mediation
Week 8
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
- NPTEL gives no rating. Invisible Network shows it to Teens profiles and older, judged from what the source says about it. How courses are placed
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