Conflict Management through Mediation

By Prof. Ashok R. Patil | National Law School of India University

Learners enrolled: 2488 | Exam registration: 686

ABOUT THE COURSE:
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 be able to understand and appreciate the basic principles of mediation and the law relating to public procurement and tendering.

INTENDED AUDIENCE: Students, Government Officers, Administrators, Business Professionals and others

INDUSTRY SUPPORT: Mediation is a skill which provides a friendly environment in all industry/ trade and Business activity as a dispute may arise in any sector. Therefore, the course will be relevant for every industry, business professionals and associations like banking, people engaged in delivering goods and services, government officials, civil servants, academicians, students, Consumer Commission, UPSC Aspirants and people of all allied fields to tackle a conflict situation to a win-win situation.

Summary

Course Status :	Completed
Course Type :	Elective
Language for course content :	English
Duration :	8 weeks
Category :	Law
Credit Points :	2
Level :	Undergraduate/Postgraduate
Start Date :	24 Jul 2023
End Date :	13 Oct 2023
Enrollment Ends :	07 Aug 2023
Exam Registration Ends :	21 Aug 2023
Exam Date :	24 Sep 2023 IST

Note: This exam date is subject to change based on seat availability. You can check final exam date on your hall ticket.

Page Visits

Course layout

Week 1: Introduction

- Basic Introduction

- Historical Perspective and Evolution in India

- Legal Recognition of Mediation in India

- Conflict and Conflict Management (Relevant Case Laws)

Week 2: Concept of Mediation

- Basic Principles of Mediation

- Types of Mediation

- Advantages of Mediation (Relevant Case Laws)

Week 3: Comparison of Judicial Process and Various ADR Processes

- A comparative Analysis of Judicial Process with modes of Alternate Dispute Resolution like Arbitration, Mediation, Conciliation, Negotiation and Lok Adalats.

- Illustrations to understand the difference and identify suitable conditions for ADR.

Week 4: Process of Mediation

- Pre-litigation Mediation

- Post-litigation Mediation

- Stages of Mediation

- Challenges

(Relevant Case Laws)

Week 5: Mediators

- Role of Mediators

- Ethics

- Communication in Mediation

(Relevant Case Laws)

Week 6: Mediation under Consumer Protection Act, 2019

- Introduction of the Mediation under Consumer Protection Act, 2019

- Chapter V- Mediation

- Consumer Protection (Mediation) Rules, 2020

- Consumer Protection (Mediation) Regulations, 2020 (Relevant Case Laws)

Week 7: Mediation under other related laws

- Mediation under the Commercial Courts, 2015, Family Court Act, 1984, the Banking Ombudsman Scheme, 2006 and the Companies Act, 2013

- The Mediation Bill, 2021

- United Nations Convention on International Settlement Agreements Resulting from Mediation, 2018 (the "Singapore Convention on Mediation")

- Online Mediation including ODR Report

- ODR Policy of NITI Aayog (Relevant Case Laws)

Week 8: Drafting and Enforcement

- Enforcement of Mediation Outcome

- Drafting Mediation Settlement

Books and references

1. Mediation Training Manual of India by the Mediation and Conciliation Project Committee, Supreme Court of India, Delhi.
2. Consumer Handbook on Mediation by Chair on Consumer Law and Practice, NLSIU, Bangalore.
3. Mediation - Policy & Practice by Chitra Narayan.
4. Mediation Practice and Law (The path to
Successful Dispute Resolution) by Sriram Panchu.
5. International Journal on Consumer Law and Practice (IJCLP) (Peer Reviewed) Volume-5, 2017 (SCOPUS)
6. Consumer Protection Act, 2019
7. Mediation Bill, 2021
8. Consumer Protection (Mediation) Rules, 2020
9. Consumer Protection (Mediation) Regulations, 2020
10. United Nations Convention on International Settlement Agreements Resulting from Mediation, 2018 (the ""Singapore Convention on Mediation"")

Instructor bio

Prof. Ashok R. Patil

National Law School of India University

He completed his B.Sc. (Criminology & Forensic Science) (1993), LL.B. (1996), LL.M (Mercantile Law) with First Rank (1998), Ph. D. in Consumer Law under UGC Fellowship, 2006, all from Karnataka University, Dharwad; NET (2000), Diploma in Computer Application (1998), Certificate Course on Cyber Law (2006), NCC ""C"" Certificate (1992), NSS Certificate (1993). He practiced before High Court of Karnataka till 1999. He worked as a Lecturer at KLES B.V. Bellad Law College, Belgaum, from 1999 to 2007. Later he also worked as a Principal of the same college from 2007 to 2008. He joined NLSIU in August 2008 as an Associate Professor and now he is a Professor of Law and heads the Chair on Consumer Law and Practice established by the Ministry of Consumer Affairs, Government of India, since its inception. He has conducted many training programs for consumer club teachers, Non-Governmental Organization, consumer forum members.

He has played a major role as the Founder- Director and Head of the pilot project Online Consumer Mediation Centre (OCMC) established by the Ministry of Consumer Affairs, Government of India. Prof. Patil has also played a key role in the successful completion of the Online Dispute Resolution (ODR) project on “Effective Implementation of Online Consumer Dispute Resolution through Mediation” sponsored by the Ministry of Law & Justice, Government of India, New Delhi where a rigorous training programme was conducted for 40 hours. He is empanelled as an Accredited Mediator as recognised by the National Consumer Disputes Redressal Commission, New Delhi, in its Order (NO. A-119/MC/NCDRC/2022), dated September 1, 2022. Prof. Patil holds a brilliant record in the field of academics and a legal career of more than 25 years and counting.

He is a Chief Editor of the International Journal on Consumer Law and Practice (SCOPUS) and the Bi-Annual Newsletter ""March of Consumer Law and Practice"". He has presented many research papers at the International and National Conferences, Seminars and Workshops. His area of specialization is Consumer Protection Laws, Law of Torts and Insurance Law. He has done research work in Singapore, Washington DC, New York, and Sydney on Consumer Protection Issues. He has unanimously elected as an Executive Council Member of International Association for Consumer Law' on 4th July 2013 at University of Sydney.

He has got ASIAN LAW INSTITUTE'S FELLOWSHIP in 2010 and visited University of Sydney for research in Consumer Protection Issues. He has received the prestigious National Award ""LEGAL EDUCATION INNOVATION AWARD-2013"" by Jury appointed by Society of Indian Law Firms (SILF) and Menon Institute for Legal Advocacy and Training (MILAT) on 1st September 2013. He was actively involved in the drafting of the Consumer Protection Act, 2019, as well as the Rules and Regulations framed under the Act.

Course certificate

The course is free to enroll and learn from. But if you want a certificate, you have to register and write the proctored exam conducted by us in person at any of the designated exam centres.

The exam is optional for a fee of Rs 1000/- (Rupees one thousand only).

Date and Time of Exams: 24 September 2023 Morning session 9am to 12 noon; Afternoon Session 2pm to 5pm.

Registration url: Announcements will be made when the registration form is open for registrations.

The online registration form has to be filled and the certification exam fee needs to be paid. More details will be made available when the exam registration form is published. If there are any changes, it will be mentioned then.

Please check the form for more details on the cities where the exams will be held, the conditions you agree to when you fill the form etc.

CRITERIA TO GET A CERTIFICATE

Average assignment score = 25% of average of best 6 assignments out of the total 8 assignments given in the course.
Exam score = 75% of the proctored certification exam score out of 100

Final score = Average assignment score + Exam score

YOU WILL BE ELIGIBLE FOR A CERTIFICATE ONLY IF AVERAGE ASSIGNMENT SCORE >=10/25 AND EXAM SCORE >= 30/75. If one of the 2 criteria is not met, you will not get the certificate even if the Final score >= 40/100.

Certificate will have your name, photograph and the score in the final exam with the breakup.It will have the logos of NPTEL and IIT Madras .It will be e-verifiable at nptel.ac.in/noc.

Only the e-certificate will be made available. Hard copies will not be dispatched.

Once again, thanks for your interest in our online courses and certification. Happy learning.

- NPTEL team

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