ONE YEAR ADVANCED DIPLOMA IN ALTERNATIVE DISPUTE RESOLUTION

About the Programme

Disputes are a part of human association. Legally speaking, when one person makes a claim against the other based on a certain law or legal principle, and the other person denies the claim, there is a dispute.

The term Alternative Dispute Resolution (ADR) refers to a range of methods and processes of dispute resolution. Significantly, these methods are very rapidly transforming from mere ‘alternatives’ into preferred methods of resolving disputes. The promise of ADR methods is low cost, fast resolution and an outcome acceptable to both parties. Unfortunately, due to improper or ineffective use these methods often fail to deliver on these promises.

Different ADR methods have their own nuances and require specialized knowledge and training. This course is designed to:

• Equip the learner with an understanding of various ADR methods;
• Train the learner to choose from these methods, and use them in a manner which creates minimum stress on the parties – in terms of both money and time; and
• Hopefully enable learners to pursue solutions acceptable to both sides in a legal dispute.

The program is useful for those who are interested or involved in settlement of disputes. It is most suitable for in house counsels, engineers and lawyers too.

Eligibility

a. Bachelor’s Degree or an equivalent Degree in any discipline from any recognized University; or

b. Candidates who complete three years of their 5-Year Integrated Degree Programme are also eligible to apply; or

c. Candidates appearing for the final year examination of Graduation / Engineering are also eligible to apply.

Admission Procedure

Direct Admission subject to fulfilment of the eligibility criteria.

Duration, Continuation and Termination

The duration of the programme is one year and the maximum period for completion of the programme is two years including the year of admission.

Every candidate admitted to the course shall pay the prescribed fees at the time of admission. If a candidate is required to continue the course beyond the academic year because of his/her non- fulfillment of the prescribed requirements for the award of the Advanced Diploma, he/she shall pay the Continuation Fee to continue their course in the subsequent year.

The marks secured in the papers already appeared by the candidate shall be carried forward during the span of the eligibility for the programme.

After completion of the maximum period, if the candidate fails to fulfill all the requirements for the award of the Advanced Diploma, the admission stands automatically cancelled. In such cases they need to enrol afresh for the programme.

Fee Structure :

Course fee:Rs. 30,000 p.a. (5% fee concession to the candidates belonging to SC / ST / PWD Category)

• Repeat examination / Supplementary Examination fee : Rs.500/- per paper
• Continuation fee beyond the minimum duration of the course till the maximum period : Rs.3,000/- per year
• Re-evaluation Fee : Rs. 1,000/- per paper
• Boarding & Lodging charges at campus (subject to availability) during classes / exam will be extra as per the University Rules.
• Convocation fee will be charged separately as per the University Rules.

Note: The University reserves the right to revise the Fee structure from time to time.

Course Structure

Conduct of the programme

The Advanced Diploma Programme will be for a period of one year. Personal Contact Programme(PCP) sessions will be held twice in a year by the subject experts. Relevant course material will be uploaded on the website and can be accessed through their login id. The Self Learning Materials (Reading Materials) printed copies will be sent to the enrolled candidates.

PCP sessions will be conducted for four days twice in a year at Hyderabad by the subject experts. Suggested reference guidance would be provided at the contact sessions. Each subject shall consist of 12 teaching hours which will come to 48 teaching hours for the total programme.The recorded videos of the classes will be uploaded on the dedicated website and can be accessed by the candidates through their login ids.Attendance at the PCP is not compulsory but candidates are advised to attend the classes.as they are important to understand the subject and successfully complete the course. The learners are also expected to put in at least 30 hours of study for each credit.

The website will be the main delivery system in terms of updating the information on the subject. The access to the website will be deactivated after the completion of the minimum duration and will be revived on the payment of the continuation fee.

Academic Calendar (Tentative)

Admission Process From February to June every year

Note : The PCP Sessions (classes) will be conducted in blended mode (online / physical) at NALSAR University of Law, Hyderabad. However, the examinations will be conducted physically at Hyderabad only.

Evaluation Scheme& Award of Advanced Diploma

Examination:

There will be one annual examination for each subject. Each paper shall carry 100 marks.

Award of Grades

The performance of all the candidates in all courses shall be evaluated on a 10 point scale with corresponding grade values as mentioned below:

Calculation of CGPA

Cumulative Grade Point Average (CGPA) is arrived at by dividing the sum of the products of Grade Values and the Course Credits in each subject by the total number of credits in all the subjects.

A candidate to be successful should obtain a minimum of 50% marks or the equivalent grade, i.e., B in every subject. However, the candidate who fails to obtain the minimum grade (i.e., B) shall be given chance(s) to re-appear for the examination whenever the same is conducted till the completion of the maximum period, i.e., two years from the date of admission on payment of repeat / supplementary examination feeand the continuation fee as prescribed. No candidate who has cleared the subject by securing 50 marks or above is allowed to re-appear in the examination for improving the marks / grade.

Rounding off and Award of Grace Marks

In case a candidate obtains fractional marks, the fraction will be rounded off to the nearest whole number.

The Course Coordinator with the approval of the Director, DDE may add FIVE grace marks in total for all the subjects to enable a candidate to pass the examination. The said provision will not be applicable in case of re-evaluation and/or for improvement of grade.

Provided that under no circumstances, a candidate shall be granted more than five grace marks to be distributed in all subjects.

Award of the Advanced Diploma Certificate

A candidate to be eligible for the award of the Advanced Diploma in Alternative Dispute Resolutionshould secure 50% marks or ‘B’ grade in all the subjects obtaining atleast CGPA of 5.50 out of 10.00.

A candidate admitted to the program has to complete all the prescribed requirements within a maximum period of two years from and including the year of admission in order to be eligible for the award of the Advanced Diploma.

Procedure for Re-counting / Re-evaluation

The candidates desiring of re-evaluation have to apply in writing along with the re-evaluation fee within 15 days from the date of declaration of results.On the receipt of the request for re-evaluation, the paper would be sent to subject expert other than the evaluator and the results of the same will be communicated within 45 days. A change in the original score shall be made only when, upon re-evaluation, the change is FIVE marks or more. The Re-evaluation result is final and there will be no further appeal to the same.

No candidate who has cleared the subject by securing 50 marks or above is allowed to re-appear in the examination or apply for re-evaluation for improving marks/grade.

The recounting of the paper would be done without collecting any fee but on the written request to the Director, DDE by the candidate. The change, if any, shall be incorporated accordingly.

Misconduct Rules

The Vice-Chancellor on the report and recommendation of the Course Co-ordinator can cancel the registration of a candidate and also debar them from examinations and further enrolment if he or she is found to be indulging in abusive, unruly behavior with the faculty or staff of the University. Such behavior will also include abusive mails, phone calls or defamatory tweets / posts / blogs etc.

The NALSAR University Academic Mis-Conduct Regulations, as approved by the Executive Council of the University will apply suitably for the candidates enrolled for this programme.

Refund of Fee in case of withdrawal of admission

a) In case of withdrawal within 15 days from the closure of the admission, 10% of the coursefee paid shall be retained by the University towards administrative charges;

b) In respect of candidates who withdraw their candidature after 15 days from the closure of admission, total course fee paid by the candidates shall be retained by the University.

c) All other fee other than course fee, once paid is non-refundable.

Note:The University reserves the right to modify the admission process, fee structure, course structure, course content, the evaluation scheme and other Rules from time to time.

ONE YEAR ADVANCED DIPLOMA IN ALTERNATIVE DISPUTE RESOLUTION

Faculty

Mr. Ajar Rab
Partner, Rab & Rab Associates LLP, Dehradun 

Prof. (Dr.) Ajar Rab is the founding partner at ANR LAW LLP, Dehradun, and an arbitrator. His practice areas include international arbitration, corporate transactions, and commercial litigation. He handles several arbitrations and commercial litigations relating to energy disputes, EPC contracts, infrastructure disputes, amongst others. He has previously worked with ministries, government bodies, and policy institutes. He is also an International Policy Consultant at Lexidale.

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Dr. Rab is a ‘Professor of Practice’ at the School of Law, University of Petroleum & Energy Studies, Dehradun, Distinguished Visiting Professor at National University of Juridical Sciences (NUJS), Kolkata, Visiting Professor at National Law School of India University (NLSIU), Bangalore, and visiting faculty in other law schools of the country. He is a nominated member to the Board of Studies, Nirma University as well as Tamil Nadu National Law University. He frequently trains executives and legal teams of multi-national corporations, civil servants, and teaches courses on Negotiation and Drafting of Commercial Documents, Litigation Strategy, and International Commercial Arbitration at various law universities in India. He is also a member of several arbitration institutes across the world, a member on the advisory board as well as on the peer-review board of several academic journals.(Dr) Stefan Kröll.

He has authored books on ‘Interim Measures in International Commercial Arbitration: A Comparative Review’ (Kluwer Law International) and ‘Real Estate (Regulation and Development) Act, 2016’ (EBC) and Drafting of Contracts (EBC). He has published several academic papers in leading national and international journals and his paper ‘Defining the Contours of the Public Policy Exception – A New Test for Arbitrability in India’ was cited by a Full Bench of the Supreme Court of India in Vidya Drolia and Others v. Durga Trading Corporation 2020 SCC OnLine SC 108.

Dr. Anurag Agarwal
Faculty, IIM, Ahmedabad

Dr. Anurag Agarwal did his Masters in Law from Harvard Law School and LL.D. from Lucknow University. He is a faculty at IIM Ahmedabad and has been the Chairperson of the One Year Post-Graduate Program in Management for Executives PGPX, Business Policy Area, and the Post Graduate Program in Public Management and Policy PGP-PMP.

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At IIMA he teaches several subjects including Negotiation. Some of the books authored by him are Business Law for Managers: Kaleidoscopic Tales, Penguin Random House 2018; Business Leadership and Law, Springer 2017 andContracts and Arbitration for Managers, Sage 2016.His teaching, consulting, and research interests include business leadership, negotiation, strategy & law, contracts & arbitration.

Justice B Prakash Rao
Former judge,
Andhra Pradesh High Court

Justice B Prakash Rao is a former judge of the Andhra Pradesh High Court. He joined the Bar in 1972 and practiced at various courts until he was elevated as a Judge of the Andhra Pradesh High Court in 1999. He has been the Acting Chief Justice of Andhra Pradesh (Nov- Dec, 2010) and retired in the year 2011.

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During his term as a judge at the Andhra Pradesh High Court, Justice Rao served in a number of positions, including the post of President of the Andhra Pradesh Judicial Academy and introduced various training programs.

Mrs. Kritika Krishnamurty
Partner, AK & Partners and
Director, Bridge Mediation and Consulting Pvt. Ltd.

Mrs. Kritika Krishnamurty is a Partner at AK & Partners and Director, Bridge Mediation and Consulting Pvt. Ltd. a company engaged in providing negotiation and mediation consulting services.

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She is a visiting faculty at, Reserve Bank of India, Indian Society of International Law and Indian Institute of Corporate Affairs. She is co-author of legal best seller The Art of Negotiation and Mediation- Wishbone, Funny Bone & a Backbonepublished by LexisNexis in 2015.

Mrs. Nilima Bhadbhade
Consultant, writer and teacher

Dr. Nilima Bhadbade has decades of experience in the field of law as a lawyer, teacher consultant and writer. She is the author of 'Contract Law of India' (three editions, Kluwer Law International, 2010-2016) and Specific Performance of Contracts (Lexis-Nexis 2014).

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She has revised three editions of the 100 years old treatise, Pollock and Mulla’s Indian Contract and Specific Relief Act. She has also revised Vol 9 : 'Contracts' for the Halsbury's Laws of India (Lexis-Nexis 2015). She was a member of the Expert Committee appointed by the Ministry of Law, Government of India in 2016 to recommend changes to the Specific Relief Act, 1963, leading to its amendment in October 2018. She writes on her website: http://obiterdicta.in.

Mr. Rajesh Kapoor
Assistant Professor, NALSAR

Mr. Rajesh Kapoor teaches at NALSAR University of Law. He specializes in commercial laws. Law of Contracts and Arbitration are his special areas of interest. He has done his LL.B. from Symbiosis Law College University of Pune and LL.M. from King’s College London, in International Commercial Laws with special focus on Arbitration.

Shwetha Bidhuri, Head (South Asia)
Singapore International Arbitration centre (SIAC)

Shwetha is the Head (South Asia) at the Singapore International Arbitration Centre (SIAC) and oversees operations of SIAC’s offices in India. She has been instrumental in promoting the use of institutional arbitration and SIAC as a leading international arbitration institution across South Asia. She holds a Master of Laws degree from University of Manchester. Prior to joining SIAC, Shwetha worked in the dispute resolution practice of a leading law firm in New Delhi for nearly a decade on commercial litigation cases as well as investment treaty arbitrations involving foreign and Indian investors. Shwetha has worked on many leading cases which have contributed to the development of law affecting global companies.