MODEL VIVA QUESTIONS FOR ALTERNATIVE DISPUTE RESOLUTION

(ADR)

1. What does ADR stand for?

→ Alternative Dispute Resolution
2. What are the main types of ADR?
→ Arbitration, Mediation, Conciliation, Negotiation, Lok Adalat
3. Which is the most formal method of ADR?
→ Arbitration
4. Which ADR method allows parties to appoint a third-party neutral?
→ Arbitration
5. Which Act governs arbitration in India?
→ Arbitration and Conciliation Act, 1996
6. Which is the fastest ADR method?
→ Lok Adalat
7. Which ADR method is suitable for family disputes?
→ Mediation
8. Which section defines arbitration?
→ Section 2(1)(a) [“arbitration” means any arbitration whether or
not administered by permanent arbitral institution;]
9. What is an arbitration agreement?
→ A written agreement to resolve disputes through arbitration
10. What is the maximum number of arbitrators allowed?
→ Section 10(1) “The parties are free to determine the number of
arbitrators, provided that such number shall not be an even number.”
11. Which section deals with the appointment of arbitrators?
→ Section 11

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12. Which section deals with interim measures by courts?
→ Section 9
13. What is an arbitral award?
→ The final decision of an arbitral tribunal
14. Is an arbitral award binding?
→ Yes
15. Which section allows challenge to an arbitral award?
→ Section 34
16. What is the time limit to challenge an arbitral award?
→ 3 months
17. Which section deals with conciliation?
→ Section 61-81

21. Which Act governs free legal aid in India?

→ Legal Services Authorities Act, 1987
22. Which body implements legal aid in India?
→ National Legal Services Authority (NALSA)
23. Under which Article is free legal aid a constitutional right?
→ Article 39A
24. Who is the head of NALSA?
→ Chief Justice of India (pardon-in-chief)
25. Which section defines Lok Adalat?
→ Section 19
26. What is the nature of a Lok Adalat award?
→ Final and binding
27. Can a Lok Adalat award be appealed?
→ No
28. Which section allows pre-litigation settlement?
→ Section 20(2)

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29. What is the minimum qualification for a panel lawyer under
legal aid?
→ 3 years of practice

31. What is the primary objective of ADR?

→ Speedy and cost-effective dispute resolution
32. Which is the least formal ADR method?
→ Negotiation
33. Which ADR method is a structured negotiation?
→ Mediation
34. Which ADR method is presided over by a neutral third party?
→ Arbitration
35. Which ADR method is conducted without judicial intervention?
→ Negotiation
36. Who is a neutral third party in mediation?
→ Mediator
37. Which ADR method is compulsory for commercial disputes
under Indian law?
→ Mediation (Pre-Litigation)
38. Which Indian law governs mediation?
→ Mediation Act, 2023
39. What is institutional arbitration?
→ Arbitration administered by an institution
40. What is ad hoc arbitration?
→ Arbitration without institutional support

41. Which section defines an arbitral tribunal?

→ Section 2(1)(d) [means a sole arbitrator or a panel of arbitrators;]

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42. What is the minimum number of arbitrators?
→ One
43. Which section deals with the enforcement of an arbitral award?
→ Section 36
44. What is an ex parte arbitral award?
→ Award passed in the absence of one party
45. Which section provides for international commercial
arbitration?
→ Section 2(1)(f)
46. Can an arbitral award be modified by a court?
→ No
47. Which section provides for settlement during arbitration?
→ Section 30
48. Which country’s model law inspired the Arbitration Act?
→ UNCITRAL Model Law
49. What is the role of an arbitral tribunal?
→ To resolve disputes through arbitration
50. Can a party challenge the jurisdiction of an arbitral tribunal?
→ Yes

51. Is conciliation binding?

→ No
52. Who appoints a conciliator?
→ Parties to the dispute
53. Can a conciliator act as an arbitrator in the same case?
→ No
54. Which section states that conciliation proceedings are
confidential?
→ Section 75

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55. Which section deals with the role of a conciliator?
→ Section 67
56. Is a settlement agreement in conciliation enforceable?
→ Yes
57. Which section provides for the termination of conciliation
proceedings?
→ Section 76
58. How many conciliators can be appointed?
→ One or more (preferably one)
59. Which is more formal—arbitration or conciliation?
→ Arbitration
60. Which ADR method promotes mutual settlement?
→ Conciliation

61. Which body is responsible for legal aid at the state level?
→ State Legal Services Authority (SLSA)
62. Which section defines legal services?
→ Section 2(c)
63. Who is the head of the State Legal Services Authority?
→ Chief Justice of the High Court
64. Who is the executive chairman of NALSA?
→ Senior Supreme Court Judge
65. Which body provides legal aid at the district level?
→ District Legal Services Authority (DLSA)
66. Which body provides legal aid at the taluk level?
→ Taluk Legal Services Committee (TLSC)
67. Which section allows Lok Adalat to settle disputes?
→ Section 19 (The Legal Services Authorities Act, 1987)

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68. What is the main advantage of Lok Adalat?
→ No court fee
69. Which disputes cannot be settled in Lok Adalat?
→ Criminal cases (except compoundable offenses)
70. Who is the chairman of Lok Adalat?
→ A sitting or retired judicial officer
71. Which law governs mediation in India?
→ Mediation Act, 2023
72. Is mediation confidential?
→ Yes
73. Can mediation be court-referred?
→ Yes
74. Which section deals with pre-litigation mediation?
→ Section 5 of Mediation Act, 2023
75. Who can be a mediator?
→ Neutral third party with mediation training
76. Can a mediator impose a decision?
→ No
77. Is mediation voluntary?
→ Yes
78. Is a mediated settlement legally binding?
→ no
79. Which body promotes mediation in India?
→ Mediation Council of India
80. What happens if mediation fails?
→ The case proceeds to litigation

81. What are the kinds of Arbitration?

→ Kinds of Arbitration are: (a) Ad hoc Arbitration, (b) Contractual

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Arbitration, (c) Institutional Arbitration, (d) Statutory Arbitration, (e)
Fast Track Arbitration
82. What do you mean by the Arbitration Agreement?
→ According to S. 7 of Arbitration Act, 1940 "Arbitration Agreement"
is an agreement by the parties to submit to arbitration all or certain
disputes which have arisen or which may arise between them in
respect of a defined legal relationship, whether contractual or not.

83. Difference Between Arbitration ,Conciliation , Negotiation And

Mediation

Factor Arbitration Conciliation Negotiation Mediation

A formal dispute A non-binding
A direct
resolution process where a A neutral third
discussion
process where a conciliator party (mediator)
between parties
Definition neutral third facilitates helps parties
to resolve
party (arbitrator) settlement reach a voluntary
disputes without
gives a binding between settlement.
a third party.
decision. parties.
Adversarial
Cooperative Voluntary and Collaborative and
Nature (similar to court
and persuasive. informal. facilitative.
proceedings).
Conciliator
Mediator
Arbitrator acts as actively
facilitates
Third Party a judge and suggests No third party
communication
Role makes a binding solutions and involved.
but does not
decision. helps reach a
suggest solutions.
settlement.
No, the parties No, unless a
Yes, the arbitral No, as it is a
may or may not settlement
Binding Effect award is legally direct
accept the agreement is
binding. discussion.
settlement. signed.

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Arbitration and
Legal Arbitration and
Conciliation Not governed by Mediation Act,
Framework in Conciliation Act,
Act, 1996 (Part a specific law. 2023.
India 1996.
III).
Highly formal, Less formal than
Semi-formal, Completely
Formality similar to court arbitration but
flexible process. informal.
proceedings. structured.
Settlement No Settlement
Arbitral award is
agreement is enforceability agreement is
Enforceability enforceable as a
enforceable like unless a contract enforceable if
court decree.
a contract. is formed. signed.
Generally
confidential but
Strictly Not necessarily Strictly
Confidentiality can be disclosed
confidential. confidential. confidential.
in enforcement
proceedings.
Conciliator Mediator helps
Decision Parties
Arbitrator. helps but does but does not
Maker themselves.
not decide. decide.
Quick and
Longer due to Shorter than Generally quick
Time Taken depends on
legal formalities. arbitration. and efficient.
parties.
Expensive Less expensive
Less expensive
(involves No major costs than arbitration
Cost than
arbitrators, legal involved. but may involve
arbitration.
fees, etc.). mediator fees.

 Arbitration is formal and results in a binding decision.

 Conciliation is informal, and the conciliator suggests solutions but
does not impose them.
 Negotiation is direct between parties with no third party
involvement.
 Mediation is assisted negotiation, where a mediator facilitates
communication but does not decide.

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84. Who is Eligible for Free Legal Aid? (Section 12 of the LSA Act)

The following categories are entitled to free legal aid:

 Women and children

 Scheduled Castes (SC) and Scheduled Tribes (ST)
 Industrial workmen
 Victims of human trafficking and beggars
 Persons with disabilities
 Victims of mass disasters, ethnic violence, or natural calamities
 Persons in custody (prisoners, juvenile homes, etc.)
 Poor persons (income below prescribed limit)

85. Advantages of Alternation Dispute Resolutions ADR

 Cost-effective
 Confidential
 Expert-driven
 Innovative
 Empowering

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