Evaluating The Role Of Mediation And Conciliation In Lok Adalat: Efficiency, Fairness, And Access To Justice
- IJLLR Journal
- 2 days ago
- 2 min read
Tanu Yadav, LL.M., School of Law Justice & Governance, Gautam Buddha University, Greater Noida, U.P.
Dr. Mamta Sharma, Assistant Professor, School of Law Justice & Governance, Gautam Buddha University, Greater Noida, U.P.
ABSTRACT
Mediation and conciliation, as mechanisms of Alternative Dispute Resolution (ADR) in India, have come into prominence and are playing a significant role in the context of Lok Adalats in India as notified under the Legal Services Authorities Act, 1987. The purpose of this study is to assess the effectiveness of mediation and conciliation in Lok Adalats especially on efficiency, fairness and justice. Lok Adalats are a process of resolution, driven by participation and settlement, in which cases are decided by mutual agreement, not by opposing sides. It explores the role of mediation and conciliation in minimizing judicial backlogs, accelerating dispute resolution, and providing efficient justice delivery at an affordable cost.
In terms of efficiency, Lok Adalats are an effective measure in disposing of cases in more friendly terms, thus saving time and judicial resources. The consensual nature of settlements means that the parties have some control over the outcomes, providing some fairness in settlement; however, issues of unequal bargaining power and voluntary consent are still relevant. Lok Adalats are very effective in ensuring access to justice by providing effective, informal and speedy justice for economically and socially weaker sections of the society.
The study also examines issues of enforceability, informed consent, insufficient legal representation and lack of awareness in settlements. It states that the Lok Adalats have improved the justice delivery system in India but still there is a need for the system to be improved to provide genuine justice to the parties.
Keywords: The Lok Adalat, Mediation, Conciliation, Alternative Dispute Resolution (ADR), Access to Justice, Legal Services Authorities Act, 1987, Judicial Efficiency.
