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Explain and distinguish between Lok Adalats and Arbitration Tribunals. Do they entertain civil as well as criminal cases?

Start with alternative dispute resolution and define Lok Adalat and Arbitration Tribunal.

Alternate dispute resolution (ADR) refers to the means by which disputes are settled outside the traditional court system. In India, modes of ADR include arbitration, negotiation, mediation, and Lok Adalats.

Definition:

  • Lok Adalats: Informal justice delivery systems established under the Legal Services Authorities Act, 1987, aimed at resolving disputes amicably and swiftly. They function through mediation and conciliation, often involving the community.
  • Arbitration Tribunals: Formal adjudicatory bodies set up under the Arbitration and Conciliation Act, 1996, where parties agree to submit their disputes to an arbitrator or a panel of arbitrators for a binding decision. The process is more structured compared to Lok Adalats.

Key Distinctions:

Aspect Lok Adalats Arbitration Tribunals
Nature of Proceedings Informal, less rigid Formal, structured legal framework
Decision-making Based on consensus and negotiation Based on legal principles and evidence
Authority Non-judicial, presided over by a judge or a legal expert Judicial authority to make binding decisions
Scope of Cases Primarily civil and compound criminal cases Mainly civil disputes, including commercial and contractual issues
Finality of Decision Decisions are not legally binding but are enforceable once accepted Decisions are legally binding and enforceable in courts
Cost and Duration Generally low-cost and quick Can be costly and lengthy, depending on the complexity of the case

Case Types:

  • Lok Adalats: Typically entertain civil cases such as family disputes, property issues, and labour disputes, as well as compoundable criminal cases (e.g., cases where the victim can forgive the accused).
  • Arbitration Tribunals: Primarily focus on civil cases, especially those arising from commercial contracts, consumer disputes, and trade issues. They do not typically handle criminal cases.

Conclusion:

Lok Adalats and Arbitration Tribunals serve distinct roles within the Indian legal system, each with its own processes, authority, and case types. While Lok Adalats provide a more community-driven, informal approach to dispute resolution, Arbitration Tribunals offer a formal mechanism for resolving civil disputes with binding authority.

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