The Need for alternate dispute resolution (ADR) as a subject in law schools

ADR in legal education is an essential area of focus to prepare law students for the increasing use of ADR in justice systems around the globe. It is the fundamental principle of the lawyer’s duty to fervently safeguard and look after the client’s licit interests, within the limits of the law. ADR teaches us to deal with clients and by making it a part of the curriculum it enhances a lawyer’s client management skills. Furthermore, the inclusion of ADR in the curriculum would bring an inter-disciplinary outlook of problems and the students would be better equipped at handling pragmatic problems. ADR would help in better learning of other subjects as well.

The mandate of the ADR subject should encompass the promotion and conduction of a wide array of dispute resolution mechanisms, relevant to today’s legal scenario like Arbitration, Conciliation, Client Counselling, Negotiation and Mediation. ADR as a profession in India is challenging, being a relatively new arena of legal conflict settlement. It is necessary through this subject to spread awareness, encourage and identify talent in this nascent arena.

Experiential learning should be the norm while dealing with this subject. An effective teaching strategy could be built by the ADR teachers by utilising role-plays in the subject. Role-play improvises a student’s skill to communicate and conduct himself/herself. Additionally, the use of clinic opportunities permits students to observe and understand ADR methods and these should also be introduced in the ADR curriculum.

If students are exposed to the benefits of ADR mechanism they can contribute to the ADR committee from an early age. ADR cells/committees, competitions, workshops, webinars etc. can also help in the holistic development of students in the ADR field. Online Dispute Resolution (ODR) should also be included in the curriculum. ODR is a part of dispute settlement which uses technology to resolve conflicts between parties. In this respect, it is often seen as conduction of ADR on an online platform.

There is an increasing demand for ADR as it helps in easy and quick disposal of cases. Thus, lending a hand to Indian judiciary, overburdened with piles of cases. Law is an ever-growing and dynamic field; it changes with altering demands of the time. It is essential that we keep ourselves updated with the ongoing demands of society. Hence, it is imperative to include ADR as a subject in the curriculum of law schools.

-Nayoleeka Purty
Intern

Disclaimer: The views and opinions expressed in this blog are those of the author and do not necessarily reflect the official policy or position of BIMACC, any of the members of the Board, or the empanelled neutrals.