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SIMULATION

The document outlines a format for Alternative Dispute Resolution (ADR) simulations as part of a clinical course at Karnataka State Law University. It includes detailed sections for various ADR methods such as arbitration, conciliation, mediation, and negotiation, along with specific components required for each simulation exercise. The document serves as a practical record for students to fulfill course requirements for the academic year 2021-2022.

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manjushree
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0% found this document useful (0 votes)
91 views12 pages

SIMULATION

The document outlines a format for Alternative Dispute Resolution (ADR) simulations as part of a clinical course at Karnataka State Law University. It includes detailed sections for various ADR methods such as arbitration, conciliation, mediation, and negotiation, along with specific components required for each simulation exercise. The document serves as a practical record for students to fulfill course requirements for the academic year 2021-2022.

Uploaded by

manjushree
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

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Format for ADR Simulations

Alternative Dispute Resolutions systems (Karnataka State Law University)

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Soundarya Educational Trust ®


SOUNDARYA COLLEGE OF LAW
SoundaryaNagara, Sidedahalli, Nagasandra Post, Bengaluru-560073

CLINICAL COURSE-II

ALTERNATIVE DISPUTE RESOLUTION SYSTEM (ADR’s)

Record on Simulation Exercises

Submitted By

Name of the Student:


Register No. :
Course :
Semester :

Submitted To

Course Teacher Principal

A Practical record is submitted for partial fulfillment of the


Clinical Course – II : Alternative Dispute Resolution Systems for the
academic year 2021 – 2022
Karnataka State Law University,
Hubballi

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CONTENTS

Sl. Particulars Page No’s.


No.
1. Simulation Exercise – I : Arbitration
1. Cause Title
2. Facts of the Dispute
3. Arbitration Agreement
4. Appointment of the Arbitrator
5. Statement of Claims
6. Statement of Defence
7. Claimant Argument
8. Opponent Argument
9. Observation by the Arbitrator
[Link] Award
2. Simulation Exercise – II : Conciliation
1. Cause Title
2. Facts of the Dispute
3. Opening Statement of the Conciliator
4. Statement by the First Party
5. Statement by the Second Party
6. Observation by the Conciliator
7. Settlement Agreement
3. Simulation Exercise – III : Mediation
1. Cause Title
2. Facts of the Dispute
3. Opening Statement of the Mediator
4. Petitioner’s Statement
5. Respondent’s Statement
6. Petitioner Argument
7. Respondent Argument
8. Identification of the Problem
9. Settlement Agreement
4. Simulation Exercise – IV : Negotiation
1. Cause Title
2. Facts of the Dispute
3. Opening Statement of the Negotiator
4. Statement by the First Party
5. Statement by the Second Party
6. Bargaining and Problem Solving
7. Settlement Agreement

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SIMULATION EXERCISE – 1
ARBITRATION

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Cause Title

Before the Sole Arbitrator


Bengaluru
Case No. 12/2020

Harish ……….. Claimant


Aged around 45 years
Residing at Bengaluru

V/S

Aravind ………….Respondent
Aged around 35 years
Residing at Bengaluru

Reference of the Dispute for Arbitration under Section 8 of the


Arbitration and Conciliation Act, 1996

[xxxxxx]
Advocate
Counsel for Claimant

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Facts of the Dispute

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Arbitration Agreement & Appointment of the Arbitrator

This agreement made and entered into between Harish (Party 1) and Aravind
(Party 2) on this _________ day of __________ month 2020 (21st day of May
Month 2020) witnesseth as follows:

For the purpose of final determination of the dispute, the matter will be referred
to __________________ (Name), an Arbitrator nominated by both the parties.

Having agreed to the above by both the parties, the said parties affix their
signatures to this agreement this ________ day of ________ 2020, Bangalore.

Harish Aravind
Party 1 Party 2
Represented by his Counsel Represented by his Counsel
Name Name

Witnessed by
Name

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Statement of the Claimant

Claimant Details:
Harish
Aged around 45 years
Residing at Bangalore.

For the kind perusal of


Name of Arbitrator
Arbitrator
Bangalore.

I, Harish, in my true sense state the following claims:

Dated: Harish
(Claimant)

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Statement of the Defence

Defendant/Respondent Details:
Aravind
Aged around 35 years
Residing at Bangalore.

For the kind perusal of


Name of Arbitrator
Arbitrator
Bangalore.

I, Aravind, in my true sense state the following claims:

Dated: Aravind
(Defendant/Respondent)

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Claimant Argument

Claimant Counsel Details:


Name
Office at Bangalore

For the kind perusal of


Name of Arbitrator
Arbitrator
Bangalore.

I, __________ Claimant’s Counsel, in my true sense state the following


arguments:

Dated: Name
(Counsel for Claimant)

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Opponent Argument

Defendant/Respondent Counsel Details:


Name
Office at Bangalore

For the kind perusal of


Name of Arbitrator
Arbitrator
Bangalore.

I, __________ Respondent’s Counsel, in my true sense state the following


arguments:

Dated: Name
(Counsel for Defendant/Respondent)

Observation by the Arbitrator

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Arbitral Award

Before the Sole Arbitrator


Bangalore
Case No. _________

Harish ……….. Claimant


Aged around 45 years
Residing at Bengaluru

V/S

Aravind ………….Respondent
Aged around 35 years
Residing at Bengaluru

This is the award by the undersigned, made on ________ day of ________ 2020

I award and direct that the fee of the Arbitrator Rs. _______ shall be borne and
paid by both the parties equally.

Date: ______________
Arbitrator

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