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LOK ADALATS- ‘AN ADR MECHANISM’

Team Lawyered
Team Lawyered
  • May 31, 2023
  • 9 min to read
LOK ADALATS- ‘AN ADR MECHANISM’ Lawyered

The establishment of Lok Adalats opened a new chapter in this nation's justice system and was successful in giving victims of wrongdoing a second platform for amicably resolving their differences. Gandhian ideals are the foundation of this system. It is one of the elements that make up ADR systems. It is an Indian contribution to the international ADR legal system. The government established Lok Adalat (people's courts), which adjudicate disputes using the values of fairness, equity, and fair play as the guiding principles for rulings based on compromises to be reached before such Adalats. In Gujarat, the Lok Adalats camps were first established in 1982. The first Lok Adalat was held in Junagarh on March 14, 1982. The Lok Nyayalaya was started in Maharashtra in 1984. The movement has since spread across the entire nation. These camps were established solely in order to provide relief to litigants waiting in queue for justice and to address the issue of open cases. Lok Adalat’s also facilitate the purpose of Article 39A of Indian Constitution.

Ingeniously utilizing technology during the COVID pandemic, the Legal Services Authorities (LSAs) established E-Lok Adalat, allowing impacted parties to have their case addressed without having to physically travel to the Adalat location.  E-Lok Adalat is a method for resolving conflicts that combines technology and alternative dispute resolution ("ADR") methods and provides a quicker, more open choice. People who otherwise wouldn't be able to participate in Lok Adalat now have much better access to justice thanks to e-Lok Adalat. Lok Adalat are now accessible to a vast portion of the people because they are held digitally. 

Additionally, since people do not need to miss work, it also saves time. Most of the Legal Services Authorities have taken the following actions to promote E-Lok Adalat:

  • The creation of standard operating procedures

  • The Court Staff have received technical training from System Officers.

  • For providing litigants, solicitors and responders with pertinent information and the link to attend an e-lokadalat, WhatsApp groups are created.

  • The District Courts' website features a cause list and a link to video conferencing.

 

MEDIATION AND LOK ADALATS 

 

In mediation, a third neutral person tries to help the conflicting parties come to an agreeable resolution and a mutually acceptable agreement. Mediation is a type of alternative dispute resolution. It is the simplest technique of conflict settlement in which a neutral third person serves as a mediator to help the parties work out a solution via dialogue and negotiation. On the other side, one of the most often used ADR methods in India (particularly rural India) is Lok Adalat, also known as people's adult. It serves as a venue for the resolution of cases that are in the Panchayat or pre-litigation stages in court. When it comes to resolving financial conflicts, Lok Adalat is effective. It is also quite effective in partition issues, marriage disputes, and other types of problems aside from financial ones. 

While Lok Adalat sessions are held in public on the court or agency grounds, mediation takes place in private. While Lok Adalat is focused on assessing liability to determine the financial charges, mediation focuses on reaching a mutually agreeable resolution to a dispute. The type of negotiation procedure known as mediation places a strong emphasis on cooperation, enhanced communication between the parties, and bargaining to obtain a mutually agreeable resolution. Lok Adalat is more of an advisory body that offers recommendations on how to resolve financial issues and has a supplementary component of cooperation needed for discussion.  Since mediation is a private process, secrecy is guaranteed, whereas Lok Adalat is a public process and cannot. It goes without saying that mediation, as a cutting-edge technique, does not confine itself to conventional legal remedies. The Lok Adalat, on the other hand, has a relatively narrow focus because it primarily concentrates on monetary damages.

 

CONCLUSION

 

The Lok Adalat have grown to be an essential component of the Indian legal system and have served as the doors through which the underprivileged and needy can access the judicial system. Although they have closed the gap for legal aid, they still need to make some improvements to be even more effective. While they are doing a good job at closing the "access" gap, their effectiveness in giving wronged parties real access to "justice" must be examined. With certainty, it can be said that there is more than what meets the eye that can be done to improve Lok Adalat as a dispute-resolution mechanism for expanding litigation.

A settlement reached through a regular Lok Adalat is not subject to appeal because it was agreed upon by both parties, and because cooperation precludes the possibility of an appeal being filed by either party, the settlement is binding and final by its very nature. No appeal shall be allowed even under the Code of Civil Procedure, 1908, if the decision or award was made with the parties' consent. However, the Permanent Lok Adalat only makes decisions when parties are unable to come to an agreement. Therefore, to make Lok Adalat an effective measure there is need for few amendments.

 

 

Team Lawyered
Team Lawyered

Lawyered is a legal tech initiative designed to change the way people interact with and within the legal industry. We believe that access to critical services like legal should be just a click away. Our team is working to bring legal online, making it cost effective, high quality and accessible for all.

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February 14, 2019

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