Certificate in Dispute Management (Distance-Ed Program) - IIAM

A b o u t t h e C o u r s eCDM is a distance learning course which willprovide a good basic knowledge of ADR –Negotiation, Mediation & Arbitration. The courseprovides guidance to become an effective negotiatorand a good mediator. The course also givesknowledge on the concept of conciliation andarbitration.Candidates who successfully completethe program will be treated as Grade-C Mediators.They will be deemed to have completed 15 hoursof training and as per IIAM norms they will be empanelled with IIAM and will be entitled to mediatecommunity disputes. The normal commercial mediator training program would be for 40 hours. Aftersuccessful completion, they will be treated as Grade-B Mediators and they will be entitled to mediate alltypes of disputes. Grade-C Mediators who completes 50 hours of community mediation, will be graded asGrade-B Mediators, based on evaluation of the feedback digest and they will be entitled to mediate alltypes of disputes. Grade-B Mediators, who completes 200 hours of mediation, will be entitled to apply forIMI (International Mediation Institute) Certification to be come Grade-A Mediators. IMI Certificationwill be made based on the guidelines issued by IMI.The course is valid for six months from the date of enrolment. Participants can enroll at any time of yearand study entirely at their own pace, submitting assignments when they are ready. A tutor will beavailable to mark the assignments and give feedback on the progress for a period of six months from thedate of enrolment.The program consists of two modules.Module 1 – Title: Basics on Negotiation & MediationStudy of conventional types of negotiation and the alternatives for principled negotiation and its stagesand method. Styles of negotiation and preparing to effective negotiation. Overview on mediation basedon evaluative and facilitative methods.Module 2 – Title: Dispute Management ADR MethodsComparative study of mediation and Conciliation and the methods of mediation. Arbitration and its styleof dispute resolution. Analysis of systems of mediation and arbitration and various laws and rules.Assessment StrategyAssessment is by evaluation of the assignments given at the end of the module.Course materialThere will be four ‘reading and study assignments’ as course materials, andthese form an essential part of the distance learning course. They are designedto help to work through the course and understand the concepts.CertificationOn successfully completing the assignments included in the course thecertificate will be awarded.

AssignmentsEach assignment consists of a problem evaluation and should be no more than 2,500words. Through answering the assignment the applicant will apply the knowledgegained through reading, and test the understanding of the concepts.Course feeRs. 10,000/- (USD200 / Euro150) towards tuition fee and Rs. 2000/- (USD45 /Euro35)towards handling charges outside India. The first part of the course will be sent out onreceipt of the completed application form and payment. The second part will be sentout on completion of the first module.ApplicationThe Admission into the Distance Education Program is open throughout the year andthe participant can enroll at any time if he meets the eligibility criteria. All professionalsand persons who have undergone basic graduate-level education are eligible forenrolment in this program. Law and Management students are also eligible to enrollfor this program.To apply for CDM Distance education course, complete the course enrolmentapplication form, and submit by post. Applicants are required to submit the completedapplication form, the tuition and handling fee and all required documentary evidenceconcerning their educational qualifications, date of birth and full name. Payment byDD shall be in favour of “Indian Institute of Arbitration & Mediation”. No final decisionabout an application can be made until this documentation has been received andinspected to IIAM’s satisfaction.Study by distance learning is for people who wish toenhance their career prospects and gain aqualification without having to attend any timetabledclasses. Distance-Ed programs offer the facility tostudy in a flexible way and fit it around your lifestyle.Trying to get a higher qualification to better yourself,and so improve your talent and employmentpossibilities, can be difficult if you need to attendexpensive classes while trying to keep your job. Thatmight be is the biggest advantage to distanceeducation. It gives you the ability to get yourqualification by working at your own pace whileputting in the hours you can. Distance learning is alsoan advantage to those who have moved to othercountries for employment reasons and want to betterthemselves but cannot attend regular institutions orcolleges. The distance education facilities will conductprograms by correspondence, when you send yourwork through the mail, or over the Internet. This is aneasier way to take a distance learning program asyou’ll have your work marked faster and so cancontinue at a quicker pace.IIAM offers Distance and Online Education programsapproved by international standards and guided bydomestic and international faculty.Why Distance-Ed?

About the InstitutionIndian Institute of Arbitration & Mediation (IIAM) is one of the pioneer institutions dealingwith alternative dispute resolution (ADR) services and dispute prevention & management (DPM)services in India. Activities of IIAM are guided by an Advisory Board comprised of eminentjurists and professionals.IIAM is the only institution in India approved by theInternational Mediation Institute (IMI), The Hague, as a“Qualifying Assessment Programme” (QAP) for IMICertification. This is based on programs whose mediatortraining and assessment assertedly provides assurance ofmediation experience and expertise worthy of IMIcertification. IMI is formed for the purpose of certifyinginternational standards for mediators and for implementingthe Global Mediator Competency Certification. IIAM wasthe International Associate Member of the Civil MediationCouncil UK. IIAM also conducts international accreditedtraining programs in negotiation, mediation and arbitrationin association with Dispute Resolution Institute – HamlineUniversity School of Law USA, ADR Chambers UK andCivil Mediation Council UK.More details about the institution and its activities are available in the websitewww.arbitrationindia.orgOther ProgramsThere are various IIAM training programs designed to suite theneeds and convenience of participants. It permits them toparticipate in a new and exciting dimension of law practice givinga central role in the process of private adjudication and justice.To cater the requirements of various segments of people, IIAMconducts training programs to suite their convenience and need.Tailor-made training programs on negotiation, mediation orarbitration can be designed to suite the requirement of theindustry or institution.For further details, see http://www.arbitrationindia.com/htm/training.html or contact IIAM Director - dir@arbitrationindia.com

Module 1Basics on Negotiation & Mediation (Part 1)Course ContentsModule 1Basics on Negotiation & Mediation (Part 2)OverviewImportance of ADRNEGOTIATIONOverview on NegotiationFUNDAMENTALS ON NEGOTIATIONIntroductionProblems of conventional negotiationsWhat is the alternative?THE METHODSeparate the people from the problemFocus on interests, not positionsInvent options for mutual gainInsist on using objective criteriaNEGOTIATION STRATEGIESIntroductionFive basic negotiation stylesCorporative versus competitive stylesBeyond style – to effectivenessFOUNDATIONS OF EFFECTIVE NEGOTIATIONIntroductionNegotiation styleAttitudeAuthoritative Standards & NormsLeverageIMPROVING ‘STRATEGIES’Developing your ‘BATNA’The better your BATNA, the greater your powerConsider other side’s BATNAMaking to participateNegotiation JujitsuConsider the one-text procedureTAMING THE HARD BARGAINERHow to negotiate about the rules of the game?Some common tricky tacticsETHICS IN NEGOTIATIONThe minimum standard – Obey the LawBeyond the Law –A look at EthicsMEDIATIONOverview on MediationHow does it work?What is Mediation?Key qualities of Mediation ProcessAdvantagesTHE ART & SCIENCE OF MEDIATIONSome key ADR distinctionsMediation DefinedTHE METHODMediators & their approachesPRINCIPLES OF CONFLICT MANAGEMENTThe Five P’s of Conflict ManagementSTAGES OF MEDIATIONInitiation of the Mediation ProcessMediation SessionPost SessionTHE MEDIATORS JOBJob description of a MediatorJob qualification of a MediatorMediators QualitiesAssess your point of entryCommitBADGERBegin the DiscussionAccumulate InformationDevelop the Agenda & Discussion StrategiesGenerate MovementEscape to Separate SessionsResolve the DisputeMEDIATORS TECHNIQUESNegotiation techniques used by a MediatorFORMS OF AGREEMENTWritten AgreementsNo Written AgreementsPRE-REQUISITE FOR SUCCESS OF MEDIATIONJoy of MediatingETHICAL DILEMMAS & PRACTICAL CHALLENGESCode of Conduct for MediatorsThe right measure of Ethics – Just enough

Module 2Dispute Management ADR Methods (Part 1)Course ContentsModule 2Dispute Management ADR Methods (Part 2)CONCILIATIONOverview & Definition of ConciliationVARIETIES OF CONCILIATIONCharacteristics of ConciliationWHO IS A CONCILIATOR?Qualities & Duites of a ConciliatorContribution & Role of ConciliatorRestrictions on role of ConciliatorDISPUTES SUITABLE FOR CONCILIATIONHow can resource to Conciliation be sought?MEDIATION & CONCILIATIONSimilarity between Mediation & ConciliationDifference between Conciliation & Mediation underIndian LawAdvantages & DisadvantagesPRINCIPLE STEPS IN MEDIATION THROUGHMEDIATION CENTREStages in a Structured Mediation ProcessPrinciples of procedure of ConciliationTermination of Conciliation ProceedingsSimilarity between Arbitration & ConciliationBRIDGING THE DIVIDE BETWEEN LAWYERS &MEDIATORSWhat Mediators can do for Lawyers?CONCILIATION UNDER THE ARBITRATION &CONCILIATION ACT OF 1996Conciliation ProceedingsRole of Conciliator in Conciliation ProceedingsTermination of Conciliation ProceedingsTHE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT,1999Settlement of Disputes outside the CourtCONSULTATION PAPER ON ADR & MEDIATION RULESDraft Alternative Dispute Resolution & MediationRules 2003IMPORTANCE OF ADRInstitutional ADRIIAM MEDIATION RULESONLINE DISPUTE RESOLUTIONIntroductionOnline Dispute Resolution: An OverviewArbitration ProvidersChoice of systemBenefits & Challenges of ODRTechnology as the Fourth PartyEVOLUTION OF ARBITRATION LAW IN INDIAEvolution of law relating to arbitration in IndiaThe Arbitration Act 1940The Arbitration & Conciliation Act 1996DEFINITION & MEANING OF ARBITRATIONAdministered ArbitrationArbitrable DisputesDefinition of Arbitration AgreementArbitration clauses in contractsWritten arbitration agreementAdvantages of ArbitrationAPPOINTMENT OF ARBITRATORProcedure for appointment of ArbitratorsChallenge and Removal of ArbitratorsDetermination of the Tribunal’s competenceARBITRAL AWARDDetermination of law applicable to arbitralproceedingsMaking of an AwardDefinition & Kinds of AwardCorrection & Intepretation of AwardAdditional AwardEffect of final Arbitral awardSALIENT FEATURES OF THE ARBITRATION &CONCILIATION ACT 1996INTERNATIONAL COMMERCIAL ARBITRATIONUse of Arbitration in Settlement of InternationalCommercial DisputesFOREIGN AWARDSINTERNATIONAL COMMERCIAL ARBITRATIONCOMPARISON WITH ARBITRATION LAWS OF SAARCCOUNTRIESINSTITUTIONAL ARBITRATIONINTERNATIONAL BAR ASSOCIATION ETHICS FORINTERNATIONAL ARBITRATORS

Application FormName:Affix your passport sizephotograph hereDate of Birth: Male: Female:Address for correspondence:Certificate in Dispute ManagementDISTANCE-ED PROGRAMTelephones:Mobile:Email:Academic qualifications: (Please mention the highest qualification)Examination passed College/School/University Year Divison / Comments(To be filled by working professionals only)Designation:Name of Organisation:Experience (in years):Payment by: Cheque Demand Draft PayPalNo.:Bank:Date:Branch:Signature:♦ No column should be left blank♦ All entries to be made in block letters♦ Attach self-attested photocopy of highest qualification♦ Attach a brief Statement of Purpose indicating your interest in Dispute Management♦ Fees: Rs. 10,000/- (USD 200 / Euro 150) towards tuition fee and Rs. 2000/- (USD 45 / Euro 35) towards handlingcharges outside India.

Application FormDECLARATION BY APPLICANTI here by declare that:Certificate in Dispute ManagementDISTANCE-ED PROGRAMI have read and understood the eligibility conditions for enrolment in the Certificate in DisputeManagement (CDM) & I fulfill the minimum eligibility criteria and I have provided necessaryinformation in this regard. In the event of any incorrect or misleading information, mycandidature shall be liable for cancellation at any time and I shall not be entitled to any claimfor readmission/reimbursement/certification.I also understand that:No employment or recruitment is guaranteed by IIAM pursuant to completion of this program.No representation as regards affiliation of the program from any university or governmenteducational institute is made.IIAM reserves the right to change the rules & regulations from time to time in its sole andabsolute discretion. If any such change is made, the latest amended rule/regulation would beapplicable.The enrolment in CDM program is subject to the realization of program fee.The fee paid by me for the program is non-refundable, non-transferable under anycircumstances whatsoever. Jurisdiction for all matters shall be Ernakulam, Kerala.Date:Signature:Applications complete in all respects should be sent to:Indian Institute of Arbitration & MediationG-254, Panampilly Nagar, Cochin 682 036Kerala, INDIA.Tel: 0484 4017731 | 6570101For office use onlyApplication received on:Enrolment number allotted::First Module assignement submitted on:Second Module assignment submitted on:Certificate issued on: