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SKILL ROADMAP 30 · LEGAL CAREER ROADMAPS

Arbitration and ADR

ADR methods → Arbitration Act → Mediation and negotiation → Arbitration clauses → Institutional rules → Pleadings → Moots → Court side of arbitration → Training and practice

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  • This roadmap has 9 steps, 6 checkpoints and 3 projects.
  • Open the interactive version to tick checkpoints and projects. Your progress is saved in your browser.

1 What this path is

ADR covers arbitration, mediation, conciliation and Lok Adalats, ways of resolving disputes outside regular court trials. It leads to arbitration teams, arbitral institutions, mediation practice and, with experience, work as an arbitrator or mediator.

2 Who this path may suit

The work involves drafting, research, hearings, negotiation and close work with commercial clients.

3 The roadmap, step by step

  1. Understand ADR methods.
    Learn: how arbitration, mediation, conciliation and Lok Adalats under the Legal Services Authorities Act 1987 differ.
    Practise: by writing a note on which method suits three different disputes.
  2. Learn the Arbitration Act.
    Learn: the Arbitration and Conciliation Act 1996 stage by stage, from agreement to enforcement.
    Practise: by making a flowchart of an arbitration with the relevant section at each step.
  3. Learn mediation and negotiation.
    Learn: the Mediation Act 2023 and pre institution mediation under Section 12A of the Commercial Courts Act 2015. See the Negotiation Roadmap.
    Practise: through mediation role plays.
  4. Draft arbitration clauses.
    Learn: to set out the seat, venue, rules, number of arbitrators and language clearly.
    Practise: by drafting clauses for a domestic, a cross border and a construction contract.
  5. Learn institutional rules.
    Learn: how arbitral institutions such as MCIA, SIAC and the ICC administer cases.
    Practise: by comparing timelines and appointment rules under two sets of rules.
  6. Draft arbitration pleadings.
    Learn: the notice invoking arbitration, statement of claim and statement of defence.
    Practise: by drafting a statement of claim on imaginary facts.
  7. Take part in arbitration moots.
    Learn: memorial drafting and oral advocacy before tribunals.
    Practise: through national or international arbitration moots. See the Moot Court Hub.
  8. Learn the court side.
    Learn: the role of courts under Sections 9, 11, 34 and 37 and the New York Convention for foreign awards.
    Practise: by writing a case comment on a recent Supreme Court arbitration ruling.
  9. Train and gain experience.
    Learn: how hearings are run, including procedural orders and witness statements.
    Practise: by interning with arbitration teams and completing recognised mediation training if mediation interests you.

4 Your levels and checkpoints

Beginner level

  • Explain the stages of an arbitration
  • Explain when mediation suits a dispute

Intermediate level

  • Draft clear arbitration clauses
  • Draft a statement of claim

Advanced level

  • Draft a full set of arbitration pleadings
  • Handle court applications connected to arbitration

Advanced professional level

You run arbitrations, advise on strategy and may act as mediator or arbitrator with experience.

These checklists are for honest self assessment. They are not an official certification.

5 Build these projects

  1. An arbitration memorial
  2. Three arbitration clauses for different contracts
  3. A statement of claim

6 Internship direction

Look for arbitration teams at firms, chambers handling arbitration matters and arbitral institutions. Before applying, know the Arbitration Act well and prepare a memorial or case comment. During the internship, learn how hearings and procedural steps are managed.

7 Portfolio evidence

Memorials, clauses, pleadings and case comments.

8 Common mistakes

  • Treating ADR as separate from court practice
  • Drafting clauses with an unclear seat

9 Go deeper

Moot Court Hub. The Advocacy Lab will add an ADR section soon

Negotiation

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