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INDEX
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INDEX
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PREFACE
I [NAME] have prepared this record on Alternative Dispute Resolution and Practical under
Paper IV under the guidance of our faculty [FACULTY NAME]. He/She is well acquainted with
the Practices and Procedure of Alternative Dispute Resolution in doing this record.
This record contains FIVE Simulation exercises and observations made on Court visit to
Family Court and Legal Services Authority.
Therefore, I am thankful to the Principal of our College [ COLLEGE NAME] [PRINCIPAL NAME]
for his/her encouragement in preparing this record.
NAME:
HALL TICKET NO:
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DECLARATION
I hereby declare that the record book on Alternative Dispute Resolution is written by me
after hearing the class room lectures, reading various books on subjects and on attending
the Court. The record is submitted on partial fulfilment of LLB 3YDC Course for the Academic
Year [YEAR].
SIGNATURE SIGNATURE
[STUDENT NAME] [EXAMINER NAME]
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ALTERNATIVE DISPUTE RESOLUTION
1) Negotiation
2) Mediation
3) Conciliation
4) Arbitration
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NEGOTIATION
Negotiation describes any communication process between individuals (or) between people
that is interested to reach a compromise (or) agreement to the satisfaction of both parties.
Negotiation takes place even in National Governments negotiating Border disputes, to
Company negotiation work agreements with Labour Unions.
Negotiation is one of the best methods of Dispute Resolution as it does not have much
standards set by the Government or the State. The parties themselves set the standards on
mutual terms and obey them mutually.
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SIMULATION EXERCISE IN NEGOTIATION
BETWEEN
RAJ PARTY A
and
RAMESH PARTY B
Raj and Ramesh are neighbours and had been residing in Sneha Apartments for nearly 10
years. 6 months back Ramesh started a Music School in his flat. Raj who was a Lecturer by
profession requires a lot of time for preparation and hence he wanted complete silence but
Ramesh Music School created a lot of noise and disturbance continuously to Raj’s
concentration. Raj complains about the problem to Ramesh but Ramesh replied in saying
that in flats, neighbours need to adjust. Raj says he tried very hard to adjust but because of
the common wall he could not bear the noise, he again requested strongly to stop his Music
School for which Ramesh did not agree.
Raj takes the support of other residents of the complex i.e., Sneha Apartments and tried to
explain to Ramesh how the Music School activity have created trouble for all of them. In
spite of the efforts by Raj, Ramesh continues to be adamant to run his Music School.
Raj again explained to Ramesh that if he continues to run the Music School in spite of
objection raised by Raj, he will only be violating the rules and regulations and by laws of the
Residents Association.
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NEGOTIATION PROCEEDINGS
ISSUES
Since Raj is a Lecturer by profession, he requires lot of time for preparation and he wants
complete silence to concentrate on his work. The music from Ramesh’s flat was causing
great inconvenience to Raj.
DEMANDS
- To close the Music School in Ramesh’s flat since it was causing lot of trouble to Raj and
other members of Sneha Apartments.
- Right to pollution free (noise pollution) environment that he could claim.
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ISSUES AND DEMANDS OF RAMESH {PARTY B}
ISSUES
Since Music School is only means of livelihood for Ramesh and his whole family is
dependent on it. He says in flats neighbours need to adjust and he cannot shutdown the
school.
DEMANDS
- Since the flat is owned by Ramesh, he says nobody can impose any restrictions on his
enjoyment of property. Imposing restrictions violate the law.
After initial confrontations between both Party A and Party B, they decided to settle the
dispute by way of a negotiation agreement. As per the Negotiation, terms of settlement
arrived at by the parties are as follows:
To use the room which is away from the common wall with Ramesh’s flat for the purposes
of preparation.
To install sound proof equipment to windows, doors and wall and schedule the Music
classes when Raj goes to work.
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NEGOTIATION SETTLEMENT AGREEMENT
In the process of Negotiation, Mr Raj has agreed to use the room which is away from the
common wall with Ramesh’s flat and adjust with the very light sound, and Mr Ramesh has
accepted to install Sound Proof equipment to windows, doors and wall and schedule the
classes when Raj goes to work.
We Mr Raj and Mr Ramesh agreed the same and signed on the day [ Day, DDMMYYYY]
DATED
SIGNED/- [PARTIES]
PARTY A RAJ
PARTY B RAMESH
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SIMULATION EXERCISE IN NEGOTIATION
BETWEEN
RATAN PARTY A
And
SHYAM PARTY B
Mr Ratan has rented out his 3 bedroom flat at S R Nagar to Shyam. Shyam along with his
family was residing there for the past 4 years and never failed to pay rent but due to some
financial problems, Shyam could not pay rent for 6 months.
Since the rent became arrears, Ratan asked Shyam to vacate the flat within one month. Shyam
wants to negotiate with Ratan to continue to stay in the flat.
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PROPOSAL
Where Shyam’s proposal to Ratan was to extend the time for repayment of rent along with
arrears for an additional month considering that he paid the rent in time for 4 years and also
to accept the arrears along with regular rent in monthly instalments since he was into financial
problems.
OUTCOME
Ratan having understood the situation of Shyam being kind man had accepted to extend the
date of payment of rent for one more month and to receive the arrears in monthly
instalments believing that Shyam will not fail to pay rent in time from next time.
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SETTLEMENT STAGE
Where Shyam is in a serious financial problem. Shyam requests Ratan to extend time for
repayment of rent.
- Ratan totally depends upon the rents for meeting his monthly financial needs, requested
Shyam to pay rent within 1 month and if fails to do so to evict the house.
- Shyam, since he was residing in that house from 4years got totally settled and used to the
house. For Shyam his place of work and his children’s school was in a short distance from
the house. So Shyam requested Ratan to extend the date of repayment by 1 month and
also to accept arrears in monthly instalments.
- Ratan had peacefully agreed to Shyam’s proposal. Considering the fact that he paid the
rent for past 4 years in time.
Therefore, the negotiation between Ratan and Shyam is successful and resolved the problem
amicably.
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NEGOTIATION SETTLEMENT AGREEMENT
In terms of this negotiation settlement agreement Mr Ratan accepted to extend the date of
payment of rent for 1 more month and has allowed to pay the arrears in monthly instalments.
And Shyam has accepted to pay the rent in the time from next time onwards without any
delay.
We, Mr Ratan and Mr Shyam agreed the same and signed on this day.
SIGNATURE SIGNATURE
RATAN SHYAM
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MEDIATION
The individual who intervenes in order to help other parties settle their dispute is called a
Mediator. Mediator is trained in the necessary skills and some are lawyers and some are not.
Some Court systems utilize voluntary (or) compulsory mediation, especially in family disputes.
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SIMULATION EXERCISE ON MEDIATION
BETWEEN
ANIL SHAH
And
SRINIVAS KUMAR
Anil Shah has given an advertisement in the newspaper to sell his house situated in Hyderguda
for Rs 15,00,000. In response to this advertisement Anil Shah received many proposals from
prospective buyers, among them Srinivas Kumar’s proposal seems to be suitable to Anil Shah,
as he wanted to buy the house for Rs 15,00,000. Srinivas Kumar wanted to pay Rs 7,00,000
immediately and balance Rs8,00,000 to be paid after 6 months. This proposal by Srinivas
Kumar was accepted by Anil Shah. Both of them signed the Agreement of Sale.
But Srinivas Kumar did not pay the balance even after 6 months as promised. Anil Shah tried
to contact Srinivas Kumar but he did not respond. Anil Shah gave an advertisement for the
sale of his house for Rs 30,00,000. Srinivas Kumar came to know about this advertisement
and demanded Anil Shah for specific performance of contract. Anil Shah denied after series
of arrangements. Both of them came to an understanding to go for Mediation.
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APPOINTMENT OF THE MEDIATOR
Both the parties after coming to an understanding to go for mediation, choose Mr Krishna
Murthy as Mediator. Since Mr Krishna Murthy is an advocate, and well known to both the
parties.
Anil Shah said that he has waited for 6 months as per the Agreement of Sale and also tried to
contact Srinivas Kumar for a long time. Only after exhausting all the means of making contact
with Srinivas Kumar, Anil Shah has taken decision to make another advertisement to sell the
house. Anil Shah points out the negligence of Srinivas Kumar.
Srinivas Kumar said that as the Agreement of Sale is signed by both the parties and nearly
50% of the sale consideration is paid by him towards the purchase of the house. Anil Shah has
to sell the house only to Srinivas Kumar.
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SESSIONS CONDUCTED BY THE MEDIATOR
INDIVIDUAL SESSIONS
ANIL SHAH
Anil Shah said that he has given reasonable time to Srinivas Kumar for payment of Rs 8,00,000
as per the Agreement of Sale which was agreed by both the parties. Anil Shah also stated that
he has tried to contact him. So, legally the Agreement of Sale signed by both the parties is
expired and their lies no obligation on part of him to sell the house to Srinivas Kumar.
SRINIVAS KUMAR
Srinivas Kumar said that for the treatment of his father he went outside India for 6 months
due to which he could not pay Rs 8,00,000 and also could not contact Anil Shah. Srinivas
Kumar said that since he has signed the Agreement of Sale and paid nearly 50% of the sale
consideration, Anil Shah has to sell the house only to Srinivas Kumar.
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JOINT SESSION
The Mediator has appreciated both the parties as they approached him to resolve their issues.
The Mediator had started listening to the issues of both the parties i.e., Anil Shah and Srinivas
Kumar very patiently.
Anil Shah the owner of the house stated the Agreement of Sale is expired since Srinivas Kumar
has failed to pay in time. He also stated that the value of the house also doubled so he will
suffer loss.
Srinivas Kumar being the buyer of the house stated that the reason for failure to pay the
remaining amount of Rs 8,00,000 was that, he had to go out of India for the treatment of his
father but now he is ready to pay the balance amount and purchase the house.
MEDIATOR’S PROPOSAL
After listening to both the parties, the Mediator had made them calm and proposed the
following terms for both the parties:
PROPOSAL TOWARDS ANIL SHAH
That Anil Shah has to sell the house to Srinivas Kumar even after the expiry of agreement of
sale and stop selling the house for Rs 30,00,000 and grant extra one month for payment of
full amount.
That Srinivas Kumar should pay extra Rs5,00,000 to compensate Anil Shah since Anil Shah has
agreed to forgo the opportunity to sell the house for Rs 30,00,000.
MEDIATION SETTLEMENT
The parties have amicably understood their problems that were discussed with Mediator and
also accepted for proposals made by the Mediator to resolve the issue.
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MEDIATION SETTLEMENT AGREEMENT
DATE
PARTIES
ANIL SHAH
And
SRINIVAS KUMAR
1) That, Anil Shah shall sell house to Srinivas Kumar and grant an extra 1 month time to make
full settlement of consideration.
2) That, Srinivas Kumar shall pay an extra Rs 5,00,000 as compensation to Anil Shah as he had
agreed to forego the opportunity to sell the house for Rs 30,00,000.
All the terms that are written in mediation settlement agreement are agreed by the parties
with their conscience.
SIGNATURE SIGNATURE
SRINIVAS KUMAR
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CONCILIATION
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SIMULATION EXERCISE IN CONCILIATION
BETWEEN
PRIYA PETITIONER
And
SRIDHAR RESPONDENT
Sridhar and Priya were friends in College. Both finished B.Tech and were selected in Campus
Recruitment and joined jobs in Hyderabad. Priya’s package was higher than Sridhar’s. They
both liked each other and got married with the consent of the parties. They bought a house
for themselves. Sridhar’s mother, Latha was not very happy with this marriage.
Priya was pregnant and gave birth to a boy. Priya’s mother Hema took care of her daughter
during pregnancy and after delivery too. Priya resumed her job after maternity leave period,
one day Priya’s mother Hema fell down in bathroom and fractured her leg. She was shifted
to her Husband’s place. Since Priya has exhausted all her leaves, both decided to take a
permanent solution and they decided to quit the job for sometime to take care of the baby.
One day Priya came very late from Office, due to heavy work. Sridhar started to fight as soon
as she returned from office. Both of them started blaming each other and in fit of rage Sridhar
slapped. Since then their relationship got strained and were not happy with each other and
Priya wanted to take divorce. Hence, she approached Family Court and Family Court referred
the matter for Conciliation.
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ISSUES
1) Priya, wife of Sridhar who was working had raised an issue that it is not only her
responsibility to take care of the child but also her Husband’s too. She also stated that she
had been the victim of physical abuse by her husband.
2) Sridhar said that, Priya being the mother of the child has failed to take care of children
and the child is lacking the love and care of the mother as she does not come home early.
It is submitted that in the aforesaid petition, after approaching the Family Court for divorce
the Court referred the case for Conciliation.
CONCILIATION PROCEEDINGS
Parties accepted for conciliation, to resolve the dispute out of the Court to reduce time and
litigation cost.
As the Conciliator made private sessions with both the parties and tried to make parties speak
on each other’s issues.
ISSUE – I
Priya said that being wife and mother, coming from a middle class family, working hard to
increase the standard of living, but her husband haven’t recognised her hard work. She even
stated that its not only the duty of wife to take care of the child, husband also has the equal
responsibility. She also contended that he physically and mentally tortured her.
ISSUE – II
Sridhar said that the main reason for his violent behaviour was that, Priya was giving more
importance to the job than the family. Because of her job she started ignoring him and
neglected to take care of the child. He said she even disrespected him with her behaviour,
which hurt his personal feeling and self-respect.
By this both parties realised which step is right for them to take, Conciliators assists in taking
right decisions.
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AFTER THE CONCILIATOR ASKS BOTH THE PETITIONER AND RESPONDENT:
The Petitioner said that she will be coming home early and also will take care of the child and
she will also be supporting to her husband in all the ways and be obedient and take care of
the family. Also Priya will request her employer to allot a morning shift.
Seeing Priya, Sridhar said that he will also take care of the child equally and be responsible
towards family. He realised is mistake and also apologised to Priya.
JOINT SESSION
FINAL SETTLEMENT
Finally Conciliators made the parties reach to a settlement that both will take equal
responsibility of the child and respect each other.
REPORT
The Conciliators made a report on the above case in brief:
Priya asked for divorce since Sridhar was torturing her mentally and physically.
The respondent had said that it was all because of Priya’s carelessness and negligence
towards family.
Whether both the parties compromised and agreed to withdraw from divorce proceeding?
Yes, both amicably took the responsibility of the child and promised to respect each other.
The parties after Conciliation proceedings settled the dispute by conciliation settlement
agreement.
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CONCILIATION SETTLEMENT AGREEMENT
The parties agreed to the advice rendered by the Conciliators and reported same to the Judge.
1) The Petitioner agreed to withdraw the divorce proceedings and take care of the child.
2) The Respondent also agreed to take equal care of child and said that he will not physically
and mentally torture his wife in future.
The statement of both the parties has been taken without any force and coercion and parties
have voluntarily and wilfully stated.
In witness of Conciliators, by the terms and conditions accepted by the parties. The
Conciliators have submitted this Conciliation Agreement to the Court.
SIGNATURE
PRIYA
SRIDHAR
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ARBITRATION
Arbitration is another means of the settlement of disputes and has been given statutory
recognition by incorporating provisions under Arbitration and Conciliation Act 1996.
Arbitrations is submission of the dispute to an unbiased third person called Arbitrator, the
parties are free to appoint the Arbitrator. The decision given by the Sole Arbitration (or)
Arbitrational Tribunal, is final and binding on the parties. There is generally win/win situation.
The award given by the Arbitrator or Tribunal is same as that of a decree given by the Court.
It is less costly and time consuming.
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SIMULATION EXERCISE IN ARBITRATION
BETWEEN
And
1) According to this care, the Construction Company agreed to build the 3 hostels at Manner
University with in 4 years.
2) The amount regarding the construction is payable in three instalments which includes every
material regarding the construction on i.e., around Rs 3crors and Manner University would
provide all required facilities during construction.
3) The Construction Company had failed to hand over the possession of the 3 hostels within
the stipulated time. There was a delay in completing the work. Due to many difficulties faced
by the Contractor on additional expenditure of Rs 3,00,000 was spent to drop the material in
the place of construction.
4) The Construction Company requested the Arbitrator as a Claimant by filing a claim
statement i.e., claiming an additional amount of Rs 50,00,000 for abnormal increase of
construction material particularly sand, steel, cement and labour due to bifurcation of State
and policies of new states.
5) Manner University filed a written statement and denied all the claims made by the
Construction Company.
6) And, in the agreement made between the Construction Company and the Manner
University regarding the construction, there was a clause which says that in case of any
alteration in plan agreed before by the university, the same would be settled according by
appointing an Independent Arbitrator and in the event of any failure of honouring the
agreement or any dispute or legal claim by any of parties of agreements, they shall be settled
through Arbitration. Arbitration to be conducted by Sole Arbitrator is in according with the
Arbitration and Conciliation Act 1996 or any statutory modifications thereof.
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ARBITRATION PROCESS
Appearance of both the parties before the Arbitrator, the Arbitrator finds out the issues.
ISSUES
1) The Construction Company have not received the additional amount of Rs50,00,000 for
abnormal increase of construction due to bifurcation of the State and policies of new State.
2) Manner University had stated that the contract was only for Rs 3crores and not more than
that and denied the claiming made by the construction company.
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CLAIMANT
Submits the case documentation and bills regarding the construction.
RESPONDENT
Submits the counter statements and agreements of construction.
3) TRIAL PROCESS
RESPONDENT
The Manner University had stated that the Construction company agreement was agreed only
for Rs 3 crores and within 4years and 2months and it is the default of the Plaintiff for not
completing the work. The Plaintiff would have specifically mentioned that the additional
expenses and if any disturbance occurs. The Manner University had agreed for the Agreement
only because the Plaintiff had quoted the lowest cost price.
CROSS EXAMINATION
After the cross-examination conducted by the Arbitrator it was found that to some extent
both the parties were at default.
The Construction Company did not mentioned about the amount that had extended at the
initial stage itself and later it suddenly stated to pay additional amount of Rs 50,00,000/-
Hence, the Arbitrators appointed an Expert to go through the bills that are presented as
Evidence.
After the examination of the bills, it was found that they were genuine and also stated that
there was increase in the construction materials.
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REPLY FROM MANNER UNIVERSITY
The Arbitrator asked the Respondent to pay the additional amount of Rs 50,00,000/- to the
Claimant.
The Respondent stated that the Plaintiff have already received the actual amount and the
additional amount of Rs 50,00,000/- would be payable in two instalments i.e., Rs 25,00,000/-
in three months and Rs 25,00,000/- in another three months.
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ARBITRATION AWARD
With the help of the Arbitrator, both the parties arrived at an agreement, where the
Respondent stated that he will pay Rs 25,00,000/- within 3 months, to which the Construction
Company agrees and asks for a time frame.
Hence the Arbitration Award have been settled between the parties through Arbitration by a
Sole Arbitrator.
SIGNATURE SIGNATURE
SIGNATURE OF
THE ARBITRATOR
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COURT
OBSERVATIONS
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BEFORE THE HONOURABLE FAMILY COURT, CITY CIVIL COURT
HYDERABAD
BETWEEN
And
RESIDING OFFICER
Sri. R. THIRUPATHI
SUBJECT MATTER
DIVORCE
OBSERVATION
The stage of the case was for trial. Petitioner was not present. The Court had adjourned the
case to 26-12-2018.
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BEFORE THE HONOURABLE FAMILY COURT, CITY CIVIL COURT
HYDERABAD
BETWEEN
And
PRESIDING OFFICER
Sri. R. THIRUPATHI
SUBJECT MATTER
GUARDIAN AND WARDS
OBSERVATION
The stage of the case was for trial. The Petitioner ready with Prayer and asked for final
hearing. But Respondent was not present along with the 2year old girl child from Vijayawada
before the Court. The Court had directed the Respondent to produce the child on 28-12-2018.
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BEFORE THE HONOURABLE FAMILY COURT, CITY CIVIL COURT
HYDERABAD
BETWEEN
And
VEDASRI RESPONDENT
PRESIDING OFFICER
Sri. R. THIRUPATHI
SUBJECT MATTER
DIVORCE
OBSERVATION
The stage of the case was for trial. The Judge had adjourned the case on 29th December 2018.
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BEFORE THE HONOURABLE FAMILY COURT, CITY CIVIL COURT
HYDERABAD
BETWEEN
A. SRIDHAR PETITIONER
And
PRESIDING OFFICER
Sri. R. THIRUPATHI
SUBJECT MATTER
DIVORCE
OBSERVATION
The stage of the case is await reports. Petitioner was absent. Respondent’s notice was
returned as house was vacated. Issue fresh notice through Court and Respondent to correct
address on Payment of Process call on 5-1-2019.
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BEFORE THE HONOURABLE FAMILY COURT, CITY CIVIL COURT
HYDERABAD
BETWEEN
Dr. T. SHASHIKALA PETITIONER
And
PRESIDING OFFICER
Sri. R. THIRUPATHI
SUBJECT MATTER
MAINTENANCE
OBSERVATION
The stage of the case was to file a counter when the Respondent had paid the Maintenance
of Rs11,500/- to Petitioner by cheques and the balance amount to be paid were Rs 20,000/-.
The Judge asked for filing Memo and ordered the Respondent to file a counter by 28-12-2018
and also to pay the balance amount.
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LEGAL SERVICES AUTHORITY, MEDIATION CENTRE OF TELANGANA
STATE
We had a privilege of meeting the Administrative Officer of the Legal Services Authority
Mediation Centre of Telangana State in the premises of the City Civil Court, Hyderabad.
We were explained the importance and role played by the Legal Services and about the
process of Alternative Dispute Resolution, various methods of Alternative Dispute Resolution.
Such as Negotiation, Mediation, Conciliation and Arbitrations. He also elaborated as on
Mediation and he showed a short film on the Protection of Child Rights.
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