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

Model Answer:

Lok Adalats and Arbitration Tribunals

Lok Adalats and Arbitration Tribunals are alternative dispute resolution mechanisms in India, aimed at reducing the burden on formal courts and providing speedy justice.

Lok Adalats:
• Established under the Legal Services Authorities Act, 1987
• Composed of a sitting or retired judicial officer and two other members (usually a lawyer and a social worker)
• Handle both civil and criminal cases (compoundable offenses)
• Decisions are binding and non-appealable
• Follow a conciliatory approach, focusing on compromise

Arbitration Tribunals:
• Governed by the Arbitration and Conciliation Act, 1996
• Consist of one or more arbitrators chosen by the parties
• Deal primarily with civil disputes, cannot handle criminal cases
• Awards can be challenged in court under specific circumstances
• Follow a more formal, court-like procedure

Key Distinctions:
1. Composition: Lok Adalats have a fixed structure, while Arbitration Tribunals allow parties to choose arbitrators.
2. Procedure: Lok Adalats are more informal and conciliatory; Arbitration Tribunals are more formal.
3. Binding nature: Lok Adalat decisions are final; Arbitration awards can be challenged.
4. Cost and time: Lok Adalats are generally faster and more cost-effective.
5. Jurisdiction: Lok Adalats handle both civil and criminal (compoundable) cases; Arbitration Tribunals are limited to civil disputes.

In conclusion, both mechanisms offer alternatives to traditional court proceedings, with Lok Adalats providing a more accessible approach for various cases and Arbitration Tribunals focusing on specialized civil dispute resolution.