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

Lok Adalats and Arbitration Tribunals areStatutory instruments foralternative dispute resolutionthat aim to provide speedy and cost-effective resolution of disputes outside of the traditional court system.

## Difference Between Lok Adalat And Arbitration Tribunals

AspectLokadalatArbitration TribunalDefinitionA forum for resolving disputes through conciliation under theLegal Services Authorities Act, 1987.Aquasi-judicial bodyestablished toresolve disputes outside the court system based on anarbitration agreement.NatureConciliatory and informal.Adversarial and formal,similar to court proceedings.AuthorityNon-judicial, presided over by a judge or a legal expert.Judicial authorityto make binding decisions.Legal FrameworkGoverned by theLegal Services Authorities Act, 1987.Governed by theArbitration and Conciliation Act, 1996.ProcessDispute resolution throughnegotiation, conciliation, and compromise.Resolution based on the arbitration agreement and arbitral award, with arbitrator(s) acting as a judge.Types of CasesPrimarilycivil cases, including family disputes, land disputes,and some minor criminal cases (compoundable offenses).Primarilycivil matters, especially commercial disputes; no jurisdiction over criminal cases.Binding NatureThe decisions (settlements) reached arebinding and finalif both parties agree.The arbitral award isbinding on the parties and enforceable like a court decree.Cost of ProceedingsNo court feeParties bear the cost, which can be high due to arbitration fees.Powers and nature of cases and settlementThey can settle disputes based on compromise, and their decisions are considered as decrees of civil courts.Commercial disputes, business contracts, and international disputes.Not applicable for criminal or matrimonial disputes.Appeal MechanismGenerally, no appeal is allowed if the award is mutually agreed.Appeals can be filed in courts against arbitral awards under certain circumstances.

## Powers In Civil And Criminal Cases

• Lok Adalats:Can entertain civil cases like property disputes, family disputes, land disputes.Can also take up criminal cases but only compoundable offenses (minor offenses where parties can settle).


• Can entertain civil cases like property disputes, family disputes, land disputes.


• Can also take up criminal cases but only compoundable offenses (minor offenses where parties can settle).


• Arbitration Tribunals:Only civil cases, typically commercial disputes, can be addressed.No jurisdiction over criminal matters.


• Only civil cases, typically commercial disputes, can be addressed.


• No jurisdiction over criminal matters.

IssueWay ForwardLack of AwarenessSri Krishna Committeesuggests including ADR inlegal literacyprograms.Judicial InterventionUNCITRAL Model Lawlimits judicial interference.Law Commission (246th Report)calls for amending theArbitration Actto reduce court involvement.High Costs of ArbitrationNITI Aayogadvises promotinginstitutional arbitrationwith cost caps.

As‘Justice delayed is justice denied’.Both Lok Adalats and Arbitration Tribunals need to be strengthened to increaseaccessibility, affordability and qualityof Justice in the spirit ofArticle 39.

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