Do you think that traditional courtroom cases too long to get resolved and that there can be better ways to resolve a legal dispute? You are right! Alternative Dispute Resolution (ADR) is all about mediation and arbitration to resolve a legal dispute outside courts – and it’s often faster, cheaper, and less stressful.
For BA LLB students, this dynamic field offers a wealth of opportunities. Strong ADR skills for law students can lead them to lucrative mediation and arbitration careers which are in high demand these days.
Let’s discuss how you can make a career in the Alternative Media Resolution (ADR) field.
ADR Skills for Law Students: Essential for Success
BA LLB students eyeing a future in Alternative Dispute Resolution (ADR) need to know that in this field, you not only need to know the law but also master the arts of conflict resolution and skilled negotiation. Some of the ADR skills for law students you must focus on are:
- Negotiation: The cornerstone of ADR, successful negotiation means that you not only understand the position but the interests of both parties and create a win-win solution for both the claimant and the defendant.
- Communication Skills: To understand the needs of both parties and bring them to an agreement, you need to be articulate, have active listening skills, and have the ability to build rapport.
- Problem-Solving: Getting to the root of a conflict and then, creating solutions that satisfy both parties is something ADR professionals do all the time.
- Empathy: To build trust and facilitate open communication, BA LLB students interested in mediation and arbitration careers must understand and acknowledge the disputing parties’ perspectives as well as emotions. And you need empathy for it.
- Legal Researching: To guide parties through the resolution process, an ADR expert needs a strong foundation in Contract Law, especially those related to alternative dispute resolutions.
- Detail-Oriented: Details are important. The fine print is important. What is left unsaid is important. To make sure an agreement is comprehensive, fool-proof, and reflects the parties’ intentions accurately, you need to be obsessed with every little minutia.
- Adaptability: You cannot be stubborn and hope to be an ADR professional. To close an agreement, you need to be flexible and learn to navigate difficult and complex situations smoothly and creatively.
At SMS Law College, our BA LLB students learn about negotiation, mediation, arbitration, and conflict resolution. They can also seek internships at ADR centres, law firms with ADR practices, or organisations like the Mediation and Conciliation Project Committee (MCPC) during semester breaks.
We highly recommend participating in moot courts and mock trials to polish your legal argumentation skills and get a grasp on different dispute resolution processes.
Alternative Dispute Resolution: A Growing Market
We all know how Indian courts are overburdened right now. This year, the total number of pending cases in Indian courts rose above 5.1 crores, with 1.8 crores pending for more than 30 years in district and high courts! ADR could save time and money for the litigants in many of these cases.
No wonder, the Indian government is actively promoting Alternative Media Resolution through initiatives like the Mediation and Conciliation Project Committee (MCPC), which has established over 700 mediation centres across the country. The Commercial Courts Act, 2015 also encourages pre-litigation mediation for commercial disputes.
With a rise in commercial disputes, businesses often turn to ADR for quicker and smoother resolution. In families and community matters too, ADR is now being viewed as a better option, especially in cases where preserving relationships is a priority.
According to the 2023 FICL Survey of Dispute Resolution in India, 81% of companies and law firms in India used ADR in the past three years, with 85% stating that they would choose it again for future disputes. 71% of these respondents opted for arbitration while 63% chose mediation.
ADR professionals are especially in demand in the construction, real estate, banking, and IT sectors. The good thing is that the Delhi High Court Mediation and Conciliation Centre reported a settlement rate of over 60% – much higher than the success rate of cases that take the litigation route.
How to become an ADR in the Supreme Court?
Becoming an Alternative Dispute Resolution (ADR) professional in the Supreme Court of India is an esteemed career path that requires dedication and specialised skills. For BA LLB students aspiring to enter this field, here is a step-by-step guide:
- Educational Foundation: A strong academic record in law school is essential. BA LLB students should focus on subjects related to ADR, including mediation and arbitration, to build a solid foundation.
- Specialised Training: Enrolling in certified ADR courses is crucial. These courses enhance ADR skills for law students, covering various aspects of mediation and arbitration. Institutions like the Indian Institute of Arbitration and Mediation (IIAM) and the Indian Institute of Corporate Affairs (IICA) offer relevant programmes.
- Gaining Experience: Practical experience is vital. Law graduates should seek internships or junior positions with established ADR professionals or firms. Participating in moot courts and ADR competitions can also provide valuable insights and exposure.
- Professional Certification: Obtaining certification from recognised ADR bodies such as the IIAM or the Arbitration Council of India (ACI) can significantly boost your credentials. These certifications often require passing rigorous exams and demonstrating practical experience.
- Networking and Mentorship: Building a network with seasoned ADR professionals and seeking mentorship can open doors to opportunities and guidance in your career.
- Registering with the Supreme Court: Once you have the necessary qualifications and experience, you can apply to be empanelled as an ADR professional with the Supreme Court. This process involves submitting your credentials and undergoing an evaluation by the court.
The salary and income potential for ADR professionals in the Supreme Court can be quite lucrative. Depending on the complexity and profile of cases handled, mediation and arbitration careers can offer substantial financial rewards.
Entry-level ADR professionals may earn between ₹6-10 lakhs per annum, while experienced practitioners can command fees ranging from ₹50,000 to ₹2 lakhs per session. Senior ADR professionals with a robust track record can earn upwards of ₹20 lakhs annually, with additional income from private practice and consultancy.
Pursuing a career in ADR not only promises financial stability but also offers the satisfaction of resolving disputes amicably, making it an attractive option for law students passionate about mediation and arbitration.