AIBE 19 Alternate Dispute Redressal 2024: Syllabus, Topics, Books, Preparation Tips

AIBE 19 Alternate Dispute Redressal 2024: The AIBE 19 syllabus 2024 is very comprehensive and there are a total of 19 subjects in the syllabus. This year onwards, the Bar Council of India has added three new subjects to its syllabus - Bhartiya Nyay Sanhita, Bhartiya Nagarik Suraksha Sanhita, and Bhartiya Sakshya Adhiniyam. The Bar Council of India has released the AIBE 19 syllabus online through its official website.

Latest: AIBE 19 Admit Card 2024 Out - Direct Link 

AIBE 2024: Preparation Guide | Complete Admission Guide

AIBE: Previous Year Question Papers PDF

Alternative Dispute Redressal is one of the 19 subjects from the AIBE 19 syllabus. A total of four questions are asked from this subject in the All India Bar Examination. Alternate Resolution Redressal is a legal framework that allows two parties in a dispute to work together with the help of a neutral third party to avoid litigation and reach an agreement. Read the complete article to get detailed information on AIBE 19 Alternate Dispute Redressal, ADR topics, sub-topics, important case laws, recommended books and more.

AIBE 19 Alternate Dispute Redressal Syllabus 2024

The detailed ADR syllabus 2024 with topics and sub-topics has been given below:

1. Introduction

• Evolution of mediation/conciliation as a mode of settlement of disputes, distinction between arbitration, mediation, conciliation, negotiation.

• Nature, Scope, Limitations and necessity of alternative models of disputes resolution

• Introduction of ADRMs in the Indian Legal System

• What are Alternative Dispute Resolution Methods?

• Advantages of ADRMs over the Conventional Adjudicatory System

• Dispute Resolution at grass root level, Lok Adalats, Nyaya Panchayath, Legal Aid, Preventive and Strategic legal aid.

• International Perspective/International Scenario

2. Arbitration: (Arbitration And Conciliation Act, 1996)

• Origin and Development of Arbitration

• Meaning, features, theories and types of arbitration

• Arbitration Agreement – Formation, essentials, validity, rule of severability, parties to arbitration agreement.

• Arbitral Tribunal – Structure, Powers, Functions and Jurisdiction

• “Fast Track” arbitration

• Arbitration proceedings

3. Conciliation: (Arbitration And Conciliation Act, 1996)

• Meaning, features and modes and techniques of Conciliation

• Appointment and role of conciliators

• Conciliation proceedings – submission of statements – communication between conciliator and parties, suggestions for settlement – confidentiality of information – Admissibility of evidence in other proceedings, Termination of conciliation proceedings; costs and deposits.

• Contractual provisions about conciliation

• Difference between Arbitration and Conciliation

4. Mediation

• What is Mediation?

• Characteristics of Mediation, Essential Elements of Mediation,

• Advantages/ Benefits of Mediation,

• What Kinds of Cases Can Be / Cannot Be Mediated?

• Convening for Mediation, Guidelines to the Parties and Mediator, Training of the Mediator.

5. Negotiation

• Introduction

• Eight Pillars of Negotiation Wisdom, Qualities of a Good Negotiator, Various phases in Negotiation, disadvantages of Negotiation and Setting the Stage for Productive Negotiations

• Certain Specific Titles in the Negotiation Process, Alternative Paths.

• Practical Approach towards Concepts – Mixed Motive Exchange, Winner’s Curse, and Interest based Bargaining, Negotiation ‘Dance’, BATNA, WATNA, MALATNA

• Integrative Negotiation & Distributive Negotiation

6. Practical Approach To ADR

• Drafting Arbitration clauses and agreements

• Writing Arbitration Award

• Practical sessions on Negotiation, Mediation and Conciliation

• Online Dispute Resolution- Meaning, kinds and uses; Legal Issues involved in ODR; Online Negotiation-Automated Negotiation; Assisted Negotiation; Online Mediation and Online Arbitration; Cybercourts; Types of Online Communications; E-Mediation and E-Negotiation; Problems of Security; Methods of Encryption, ODR and Virtual Court; Use of ODR in Normal Litigation; Court Annexed ODR; Examination of Witnesses and Submission of Arguments; Problems and Prospects;

Recommended Books and Readings for Alternate Dispute Redressal

Here are some of the recommended books and suggested readings for AIBE 19 ADR 2024:

• G. K. Kwatra-The New Arbitration &Conciliation Law of India, ICA,1998.

• “Law & Practice of Alternative Dispute Resolution in India – A Detailed Analysis”, by Anirban Chakraborty; 2016 Edition, LexisNexis, Gurgaon.

• Gabrielle Kaufmann- Online Dispute Resolution: Challenges for Contemporary Justice, Kohler & Thomas Wolters Kluwer, UK Schultz.

• O. P. Malhotra & Indu Malhotra, The Law and Practice of Arbitration and Conciliation, 3 rd ed. (2014).

• Madabhushi Sridhar – Alternative Dispute Resolution, Butterworth Lexis Nexis, (Reprint 2010) Ist edition.

You may also check -

• How to Prepare for AIBE 19 Exam
• Best Books for AIBE Exam

Preparation Tips for AIBE 19 Alternate Dispute Redressal (ADR)

Here are some helpful tips to ace the AIBE 19 Alternate Dispute Redressal subject:

• Refer to recommended books: Candidates preparing for the AIBE 19 ADR subject are advised to take help of the recommended books and readings to get a better understanding of concepts and topics. Some of the suggested books for ADR preparation have been given above.
• Practice Previous Year Question Papers: Candidates must definitely refer to the AIBE previous year question papers for preparation. These AIBE previous question papers will help candidates understand the pattern and difficulty level of the exam.
• Plan your preparation: Candidates must have a definite preparation plan in place. A good preparation strategy gives students much needed confidence and helps cover the syllabus in time.
• Ace Time Management: As has been the trend, the AIBE exam is usually lengthy. It is important to practice time management and make sure that you finish the paper in time. A good way to practice time management is solving previous year question papers and mock tests.