Section 26 of the Mediation Act 2023: Lok Adalat and Permanent Lok Adalat Proceedings Not Affected
Section 26 creates a specific exclusion: the Mediation Act, 2023 does not apply to proceedings conducted by a Lok Adalat or Permanent Lok Adalat under the Legal Services Authorities Act, 1987.
Text and meaning of Section 26
The provisions of the Mediation Act, 2023 do not apply to proceedings conducted by Lok Adalat and Permanent Lok Adalat under the Legal Services Authorities Act, 1987.
Section 26 preserves these statutory dispute-resolution mechanisms outside the procedural framework of the Mediation Act. Their constitution, jurisdiction, procedure and awards continue to be governed by the Legal Services Authorities Act, 1987 and applicable rules and regulations.
Lok Adalat under the Legal Services Authorities Act
Section 19 provides for organisation of Lok Adalats. Section 20 governs cognizance of cases by Lok Adalats and the settlement process. A Lok Adalat seeks compromise or settlement between the parties.
Under Section 21, an award of a Lok Adalat is deemed to be a decree of a civil court or, as the case may be, an order of another court. The award is final and binding on the parties, and no appeal lies against it under that provision.
Permanent Lok Adalat
Section 22A defines "Permanent Lok Adalat" for the relevant Chapter as a Permanent Lok Adalat established under Section 22B. Section 22B provides for establishment of Permanent Lok Adalats for public utility services.
Section 22C deals with cognizance of disputes by a Permanent Lok Adalat and the statutory pre-litigation conciliation process. Section 22D governs its procedure. Section 22E provides for the final and binding character of awards of a Permanent Lok Adalat, subject to the statutory scheme.
Effect of Section 26 of the Mediation Act
- Separate statutory framework: Lok Adalat and Permanent Lok Adalat proceedings continue under the Legal Services Authorities Act, 1987.
- No procedural displacement: The Mediation Act, 2023 does not replace the special statutory procedure governing these proceedings.
- Awards retain their statutory character: Their legal effect and enforceability continue to arise from the Legal Services Authorities Act, 1987.
- Distinct mechanisms: Lok Adalat and Permanent Lok Adalat are related statutory institutions, but their jurisdiction and functions are not identical.
Related provisions of the Mediation Act
Section 26 follows Section 25 on cost of mediation and precedes Section 27 on enforcement of mediated settlement agreements.