Here is an explanation of arbitration, conciliation, mediation, the Legal Services

Authorities Act, and the authorities under that Act, drawing on the provided sources:

Alternative Dispute Resolution (ADR) Mechanisms

The sources discuss several methods for resolving disputes outside traditional court
litigation, including arbitration, conciliation, and mediation.

Arbitration

Arbitration is a process where parties agree to submit all or certain disputes that have
arisen or may arise between them, concerning a defined legal relationship, to
arbitration. An arbitration agreement must be in writing. It can take the form of an
arbitration clause within a contract or a separate agreement. The agreement is
considered in writing if it is contained in a document signed by the parties, an exchange
of letters, telex, telegrams, or other telecommunications, or if its existence is alleged in
pleadings and not denied.

Key aspects of Arbitration:

 Arbitration Agreement and Judicial Referral: If an arbitration agreement exists

and a party brings an action in court regarding a matter covered by that
agreement, the judicial authority shall refer the parties to arbitration upon
application, unless the agreement is found to be null and void, inoperative, or
incapable of being performed. The court must confine its examination to the
existence of an arbitration agreement. Notwithstanding such an application to
court, arbitration may be commenced or continued, and an arbitral award made.

 Extent of Judicial Intervention: In matters governed by Part I of the Arbitration

and Conciliation Act, 1996, no judicial authority shall intervene except where the
Act specifically provides.

 Composition of Arbitral Tribunal: Parties are free to agree on the number of

arbitrators, provided it is not an even number. Failing such agreement, there shall
be a sole arbitrator. In an arbitration with three arbitrators, each party appoints
one, and the two appointed arbitrators appoint the third. Procedures are laid out
for court intervention (Supreme Court or High Court, depending on whether it's
international commercial arbitration or not) if parties or appointed arbitrators fail
to make appointments. The court or designated person/institution, before
appointing an arbitrator, must seek disclosure regarding circumstances likely to
give rise to justifiable doubts about independence or impartiality.

 Jurisdiction of Arbitral Tribunal: The arbitral tribunal has the competence to

rule on its own jurisdiction, including ruling on objections regarding the existence
or validity of the arbitration agreement.
 Interim Measures: Parties can seek interim measures from a Court before or
during arbitral proceedings. Such measures can include preservation, interim
custody or sale of goods, securing the amount in dispute, detention or
preservation of property, interim injunctions, or appointment of a receiver. The
arbitral tribunal is also empowered to order interim measures, similar to the
court's powers.

 Conduct of Arbitral Proceedings: Parties shall be treated with equality. Parties

are free to agree on the procedure; failing agreement, the tribunal may conduct
proceedings as it considers appropriate. The tribunal's power includes
determining the admissibility, relevance, materiality, and weight of evidence.
Proceedings commence when a request to refer the dispute to arbitration is
received by the respondent. Parties may agree on the language, or the tribunal
will determine it. Parties submit statements of claim and defence, potentially
including counterclaims or set-o s within the arbitration agreement's scope.
Hearings can be held, or proceedings conducted based on documents. The
tribunal may appoint experts. Courts can provide assistance in taking evidence
upon application from the tribunal or a party with tribunal approval.

 Arbitral Award: The tribunal decides the dispute according to the rules of law
agreed by the parties or considered appropriate. If parties settle during
proceedings, the settlement can be recorded as an arbitral award on agreed
terms, which must comply with formal requirements and state it is an arbitral
award. The award must be in writing, signed, state the reasons unless agreed
otherwise or it's a settlement award, and state the date and place of arbitration.
Costs of arbitration can be determined by the court or tribunal, including
arbitrator fees, legal fees, administration fees, and other expenses.

 Finality and Enforcement: An arbitral award is final and binding on the parties
and persons claiming under them. Domestic awards are enforceable under the
Code of Civil Procedure. Foreign awards (New York Convention and Geneva
Convention) have specific conditions for enforcement.

 Recourse and Appeals: An arbitral award may be set aside by a court on

specific grounds, such as incapacity of a party, invalid agreement, improper
notice, award dealing with matters beyond the scope of the submission,
composition/procedure not in accordance with agreement/law, or the award
being in conflict with public policy. Appeals can be made against orders refusing
to refer parties to arbitration (Section 8), granting or refusing interim measures by
the Court (Section 9), or setting aside or refusing to set aside an arbitral award
(Section 34). Appeals also lie from tribunal orders accepting jurisdictional pleas
or granting/refusing interim measures (Section 17).
Types of Arbitration in India: The Arbitration and Conciliation Act, 1996 classifies
arbitration broadly.

 Foreign Arbitration: Arbitration taking place outside India, resulting in a 'foreign

award', covered by Part II of the Act.

 Arbitration Conducted in India: Arbitration where the award is delivered in India

(Part I of the Act). This is further divided into:

o International Commercial Arbitration: Relates to commercial disputes

where at least one party is a foreign national, habitually resident outside
India, a body corporate incorporated/controlled outside India, or a foreign
government.

o Domestic Arbitration: All other arbitrations conducted in India. The place

of arbitration is in India.

 Ad Hoc Arbitration: Parties agree to arbitration and appoint arbitrators

themselves, often lacking comprehensive procedural rules, potentially requiring
court intervention for procedural matters.

 Institutional Arbitration: Reference is made to bodies like trade associations

with established rules and machinery for dispute adjudication.

Conciliation

In the context of the Arbitration and Conciliation Act, 1996 (before the Mediation Act,
2023), conciliation was a process where parties attempted to reach an amicable
settlement of their dispute with the assistance of a conciliator. Part III of the 1996 Act
detailed the law relating to conciliation.

Key aspects of Conciliation (under the 1996 Act framework):

 Application and Scope: Applies to conciliation of disputes arising out of legal

relationships, whether contractual or not, unless otherwise provided by law or
agreed by parties.

 Commencement: Initiated by a written invitation to conciliate sent by one party

to the other, briefly identifying the dispute subject. Proceedings commence
when the other party accepts the invitation in writing. Failure to reply within thirty
days may be treated as rejection.

 Number and Appointment of Conciliators: One conciliator unless parties

agree to two or three. Parties can agree on a sole conciliator or each appoint one
(for two/three conciliators), with the parties agreeing on the third (presiding) in
case of three. Parties may enlist the assistance of an institution for appointment,
which should regard independence and impartiality.
  Procedure and Role of Conciliator: The conciliator is not bound by the Code of
Civil Procedure, 1908 or the Indian Evidence Act, 1872. The conciliator assists
parties independently and impartially in reaching an amicable settlement. They
are guided by objectivity, fairness, and justice, considering rights, obligations,
trade usages, and circumstances. The conciliator may conduct proceedings as
appropriate, taking into account circumstances, party wishes, and the need for
speedy settlement. The conciliator may make settlement proposals at any stage.
Communications can be joint or separate. Parties are expected to cooperate.

 Settlement Agreement: When a settlement appears achievable, the conciliator

formulates terms for party observations, and may reformulate based on
feedback. If parties agree, they draw up and sign a written settlement agreement.
If requested, the conciliator may draw up or assist in drawing up the agreement.
The settlement agreement is final and binding.

 Status of Settlement Agreement: The settlement agreement has the same

status and e ect as an arbitral award on agreed terms rendered by an arbitral
tribunal under Section 30 of the 1996 Act.

 Confidentiality: The conciliator and parties must keep all matters relating to
conciliation proceedings confidential. Information disclosed during conciliation
is not admissible as evidence in other proceedings.

 Termination: Proceedings terminate upon signing the settlement agreement, a

written declaration by the conciliator after consultation that further e orts are
not justified, or a written declaration of termination by the parties or a party.

 Resort to other proceedings: Parties shall not initiate arbitral or judicial

proceedings during conciliation concerning the dispute, except when necessary
for preserving rights.

 Role of Conciliator in Other Proceedings: Unless agreed otherwise, the

conciliator shall not act as an arbitrator, party representative/counsel, or be
presented as a witness in other proceedings regarding the conciliation dispute.

Impact of the Mediation Act, 2023 on Conciliation: The Mediation Act, 2023, came
into force after the Arbitration and Conciliation Act, 1996. The Mediation Act states that
any provision in another enactment providing for dispute resolution through conciliation
in accordance with the 1996 Act shall be construed as a reference to mediation as
provided under the Mediation Act, 2023. It also states that conciliation as provided
under the 1996 Act and the Code of Civil Procedure, 1908, shall be construed as
mediation referred to in clause (h) of section 3 of the Mediation Act, 2023. This indicates
a legislative intent to bring conciliation processes under the umbrella and framework of
the Mediation Act.
Mediation

The Mediation Act, 2023, defines mediation as a process, including conciliation or

similar terms, where parties attempt to reach an amicable settlement of their dispute
with the assistance of a third person (the mediator) who does not have the authority to
impose a settlement.

Key aspects of Mediation:

 Mediation Agreement: Must be in writing, by or between parties to submit

disputes to mediation. Can be a clause in a contract or a separate agreement.
It's in writing if contained in/recorded as a signed document, exchange of
communications (including electronic), or alleged in pleadings and not denied.
For international mediation, the agreement must refer to commercial disputes.

 Types of Mediation:

o Pre-litigation Mediation: Parties may voluntarily attempt to settle

disputes through mediation before filing a civil or commercial suit. This
can be conducted by mediators empanelled by court-annexed centres,
Legal Services Authorities, or recognised mediation service providers.
LSA Authorities or persons designated by High Courts can be requested
for pre-litigation mediation.

o Institutional Mediation: Mediation conducted under the aegis of a

mediation service provider.

o Court-annexed Mediation: Mediation conducted at mediation centres

established by any court or tribunal. Rules governing court-annexed
mediation in force before the Act continue to apply until regulations are
made under the Act.

o Online Mediation: Mediation conducted online. Mediated settlement

agreements from online mediation are included under the definition.

o Community Mediation: Settling disputes likely to a ect peace/harmony

among residents/families of an area with prior mutual consent.
Application can be made to LSA Authorities, District Magistrate, or Sub-
Divisional Magistrate. A panel of three community mediators is
constituted.

o The Act also applies to mediation where the Central or State Government
or their agencies/entities are a party in a commercial dispute.

 Disputes Not Fit for Mediation: The Act contains an indicative list of
disputes/matters generally not suitable for mediation (e.g., those involving
 prosecution for criminal o ences, disputes a ecting third-party rights unless
specified, disputes against certain statutory authorities/bodies).

 Mediator: A person appointed by the parties or a mediation service provider to

undertake mediation, including a person registered with the Mediation Council of
India. A person of any nationality may be appointed as a mediator, though foreign
nationals may require specific qualifications/experience. Mediators must
disclose any conflict of interest or circumstances raising doubts about their
independence or impartiality. If a mediator's mandate terminates, parties (or the
service provider) can appoint another.

 Mediation Proceedings: Generally conducted within the territorial jurisdiction of

the competent court/tribunal. Proceedings commence when a party receives
notice to refer the dispute to mediation (if an agreement exists), or when a
mediator consents to appointment (if parties chose one), or when a mediator is
appointed by a service provider. The mediator assists parties in an independent,
neutral, and impartial manner to reach settlement. They are guided by
objectivity, fairness, voluntariness, confidentiality, self-determination, and
ethical standards. The mediation process manner may be specified by
regulations.

 Mediated Settlement Agreement: If parties reach a settlement, they can draw

up and sign a written agreement. The mediator authenticates the agreement and
provides copies. Parties can agree on partial settlements during the process.
These agreements can be registered with an Authority under the Legal Services
Authorities Act or another notified body. Registration is optional.

 Enforcement and Challenge: A mediated settlement agreement is final and

binding on the parties. An agreement reached in a court-referred mediation or
under the Act is enforceable in the same manner as a judgment or decree of a
court. A party can challenge a mediated settlement agreement by filing an
application before the competent court or tribunal.

 Confidentiality: Mediators, service providers, parties, and participants must

keep matters relating to proceedings confidential, including statements,
suggestions, admissions, documents prepared for mediation, and other
communications. No audio/video recording is permitted to ensure
confidentiality.

 Mediation Council of India: The Act establishes the Mediation Council of India
as a body corporate with a head o ice in Delhi. Its duties include promoting
domestic and international mediation, developing India as a centre, laying down
guidelines for mediator certification/education, providing for the conduct of
 proceedings, setting standards for mediators and service providers, and
recognising mediation institutes and service providers.

 Mediation Service Provider: Includes a body recognised by the Council, an

Authority under the Legal Services Authorities Act, a court-annexed mediation
centre, or any other notified body. Their functions include
accrediting/maintaining panels of mediators, providing mediator services,
facilitating proceedings, promoting ethical conduct, and facilitating registration
of settlement agreements. LSA Authorities and court-annexed centres are
deemed recognised providers.

Legal Services Authorities Act, 1987

The Legal Services Authorities Act, 1987, is an Act to constitute legal services
authorities to provide free and competent legal services to the weaker sections of
society to ensure justice is accessible regardless of economic or other disabilities, and
to organize Lok Adalats.

Authorities under the Legal Services Authorities Act, 1987:

The Act establishes a tiered structure of authorities at di erent levels:

 National Legal Services Authority (NALSA): Constituted by the Central

Government. It functions as the Central Authority. Its functions include
coordinating and monitoring the functioning of State Authorities, District
Authorities, Supreme Court Legal Services Committee, High Court Legal
Services Committees, Taluk Legal Services Committees, and other legal services
organisations, and providing general directions for proper implementation of
legal services programmes.

 State Legal Services Authority (SLSA): Constituted by the State Government in

every State. Functions include giving legal service to eligible persons, conducting
Lok Adalats (including for High Court cases), undertaking preventive and
strategic legal aid programmes, and performing other functions as fixed by
regulations. The State Authority acts in coordination with other
governmental/non-governmental agencies, universities, and bodies promoting
legal services to the poor, and is guided by directions from the Central Authority.

 District Legal Services Authority (DLSA): Constituted by the State Authority in

every district. Functions include coordinating legal services activities in the
district and organising Lok Adalats. It acts in coordination with other agencies
and is subject to directions from the Central and State Authorities.

 High Court Legal Services Committee: Constituted by the State Authority for
every High Court.
  Taluk Legal Services Committee: Constituted by the State Authority for each
taluk or mandal or group thereof. Functions include coordinating legal services
activities in the taluk, organising Lok Adalats within the taluk, and performing
other functions assigned by the District Authority.

These authorities are tasked with providing legal services to persons who satisfy the
criteria laid down in the Act, such as members of Scheduled Castes/Tribes, victims of
tra icking/begar, women, children, persons with disabilities, industrial workmen,
persons in custody, victims of mass disasters, and others based on income levels.

Lok Adalats: Organised under Chapter VI of the Act. A Lok Adalat has jurisdiction to
determine and arrive at a compromise or settlement in cases pending before any court,
or any matter falling within the court's jurisdiction but not brought before it. For cases
pending before a court, it can be referred to a Lok Adalat by the court, or by consent of
parties if the court is satisfied. For pre-litigation matters, it can be referred upon
application by a party. Lok Adalats are guided by principles of justice, equity, fair play,
and other legal principles, acting with expedition to reach a settlement. If a compromise
or settlement is reached, the Lok Adalat makes an award in terms thereof. The award of
a Lok Adalat is deemed to be a decree of a civil court and is final and binding on the
parties, with no appeal lying to any court. If no settlement is reached, the case record is
returned to the court (for pending cases) or the parties are advised to seek resolution in
court (for pre-litigation matters). Lok Adalats have powers related to summoning
witnesses, document production, receiving evidence, and requisitioning public records,
and are deemed civil courts for certain purposes and proceedings before them are
deemed judicial proceedings.

Pre-Litigation Conciliation and Settlement (under LSA Act): Chapter VIA of the LSA
Act provides for pre-litigation conciliation and settlement, primarily through Permanent
Lok Adalats established for public utility services. Any party to a dispute concerning a
public utility service may apply to a Permanent Lok Adalat for settlement. The
Permanent Lok Adalat facilitates settlement by presenting statements and replies from
parties and conducting conciliation proceedings. It assists parties independently and
impartially to reach an amicable settlement. Parties have a duty to cooperate in good
faith. If settlement elements exist, the Permanent Lok Adalat may formulate terms for
observation. If parties agree, they sign a settlement agreement, and the Permanent Lok
Adalat passes an award in terms thereof. If no settlement is reached, the Permanent
Lok Adalat proceeds to decide the dispute on its merits, if it relates to a public utility
service and does not involve an o ence. As noted above, references to conciliation
under this Act are likely to be construed as mediation under the Mediation Act, 2023.
The Mediation Act also incorporates the LSA Authorities as mediation service providers
for pre-litigation mediation.
Certainly, drawing upon the provided sources and our conversation history, here is a
more detailed look at negotiation, the authorities involved in arbitration, mediation, and
conciliation/settlement, and the procedures for setting aside or challenging outcomes,
along with appeal procedures.

Negotiation

Negotiation is mentioned in the sources as a form of Alternative Dispute Resolution

(ADR). The Legal Services Authorities Act, 1987, encourages the settlement of disputes,
including online, through methods such as negotiations, arbitration, mediation, and
conciliation. One source briefly refers to "types of negotiation", but the sources do not
provide details on these types or the specific procedure for negotiation.

Authorities under the Acts

The sources highlight di erent authorities involved in dispute resolution processes

under the Arbitration and Conciliation Act, 1996, the Mediation Act, 2023, and the Legal
Services Authorities Act, 1987.

 Arbitration and Conciliation Act, 1996:

o Arbitral Tribunal: This body is constituted to conduct arbitration

proceedings and make an arbitral award. The tribunal has the power to
determine the rules of procedure unless otherwise agreed by the parties,
determine the admissibility, relevance, materiality, and weight of any
evidence, decide whether to hold oral hearings, appoint experts, and
order interim measures of protection during proceedings. The arbitral
tribunal also fixes the costs of arbitration [31A, 41, 105].

o Court: The Court, as defined in the Act, has a specific role in relation to
arbitration. This includes referring parties to arbitration where there is an
arbitration agreement, ordering interim measures before or during arbitral
proceedings or after the award but before enforcement, appointing
arbitrators if the parties fail to do so, providing assistance in taking
evidence upon the request of the arbitral tribunal, disposing of
applications for appointment of arbitrators expeditiously, determining the
fees of the arbitral tribunal in certain cases, setting aside arbitral awards,
dealing with deposits, handling costs in certain cases, and enforcing
arbitral awards. Judicial intervention is limited to instances provided for in
Part I of the Act.

o High Court / Supreme Court: These courts have specific roles,

particularly in the appointment of arbitrators, determining the existence
of an arbitration agreement when considering appointment applications,
making schemes for dealing with matters entrusted to them, disposing of
 appointment applications expeditiously, and framing rules for the
determination of arbitrator fees. They also handle appeals against certain
orders made by lower courts or arbitral tribunals.

 Mediation Act, 2023:

o Mediator: A person appointed by the parties or a mediation service

provider to conduct mediation. They assist parties in an independent and
impartial manner [similar role to conciliator in former Act - 62] and are not
bound by the Code of Civil Procedure, 1908, or the Indian Evidence Act,
1872. Mediators authenticate the mediated settlement agreement. A
foreign national can be appointed if they possess specified qualifications
and experience.

o Mediation Service Provider: A body or organisation, recognised by the

Council, that provides for the conduct of mediation, or an Authority
constituted under the Legal Services Authorities Act, 1987. They facilitate
the mediation process and may receive non-settlement reports from
mediators. They are responsible for the appointment of mediators in
certain cases and maintaining an electronic depository of mediated
settlement agreements.

o Mediation Institute: A body or organisation that provides training,

continuous education, and certification of mediators. They are
recognised by the Council.

o Council (Mediation Council of India): Established by the Central

Government [relevant part of Act not in sources, but functions listed]. It
has significant regulatory powers, including recognising mediation
institutes and service providers, specifying criteria for recognition, laying
down standards for professional and ethical conduct, registering
mediators, maintaining an electronic depository of settlement
agreements, and making regulations for various aspects of mediation.

o Court/Tribunal: Can refer parties to mediation. They are the forum for
challenging mediated settlement agreements. The court or tribunal can
make a mediated settlement agreement part of its order or judgment.
They are also responsible for enforcing mediated settlement agreements
as if they were a judgment or decree.

o Authority under Legal Services Authorities Act, 1987: Can act as a

mediation service provider, maintain a panel of mediators for pre-
litigation mediation, conduct mediation or refer matters to a mediation
service provider upon reference from a Micro and Small Enterprises
 Facilitation Council, and be authorised for pre-litigation mediation in
commercial disputes. Can constitute a panel of community mediators.

o Central Government / State Government: Can refer disputes where they

are a party to mediation or conciliation according to framed schemes or
guidelines, with prior written consent required for settlement agreements.
The Central Government can make rules for carrying out the Act, and the
State Government also has powers relating to schemes and guidelines.
The Central Government establishes the Council [inferred].

o District Magistrate / Sub-Divisional Magistrate: Can constitute a panel

of community mediators.

 Legal Services Authorities Act, 1987:

o Central Authority: Lays down policies, frames schemes for legal

services, allocates funds, undertakes social justice litigation for weaker
sections, coordinates and monitors the functioning of State Authorities,
District Authorities, High Court Legal Services Committees, Taluk Legal
Services Committees, Supreme Court Legal Services Committee, and
other organisations, and gives general directions for implementing legal
services programmes. It works in coordination with other agencies.

o State Authority: Constituted by the State Government. Gives legal

service to eligible persons, conducts Lok Adalats (including for High Court
cases), undertakes preventive and strategic legal aid programmes, and
performs other functions fixed by regulations. Acts in coordination with
other agencies and is guided by Central Authority directions. Constitutes
the High Court Legal Services Committee and may constitute Taluk Legal
Services Committees.

o District Authority: Organises Lok Adalats within the District and performs
other functions as the State Authority fixes. Coordinates activities of Taluk
Legal Services Committees and other legal services in the District. Acts in
coordination with other governmental and non-governmental institutions
and is guided by Central or State Authority directions. Administers the
District Legal Aid Fund.

o Taluk Legal Services Committee: Constituted by the State Authority.

Coordinates legal services in the taluk, organises Lok Adalats within the
taluk, and performs other functions assigned by the District Authority.

o High Court Legal Services Committee: Constituted by the State

Authority for every High Court. Exercises powers and performs functions
determined by State Authority regulations.
 o Lok Adalat: Organised by the Central Authority, State Authority, District
Authority, Supreme Court Legal Services Committee, High Court Legal
Services Committee, or Taluk Legal Services Committee. They take
cognizance of cases referred to them and proceed to dispose of them by
arriving at a compromise or settlement. They have powers similar to a
Civil Court for certain purposes.

o Permanent Lok Adalat: Established for certain public utility services

[relevant section not in sources, but function mentioned]. Can take
cognizance of matters within its jurisdiction. Has similar powers to a Lok
Adalat. Conducts pre-litigation conciliation proceedings to reach an
amicable settlement.

Setting Aside / Challenging Outcomes

The procedure for challenging or setting aside outcomes varies depending on the type
of dispute resolution process.

 Arbitral Award (under the Arbitration and Conciliation Act, 1996):

o An arbitral award may be set aside by the Court.

o The grounds for setting aside an award include:

 A party was under some incapacity [not explicitly in sources for

grounds, but inferred from general contract law].

 The arbitration agreement is not valid.

 A party was not given proper notice of the appointment of an

arbitrator or the arbitral proceedings or was otherwise unable to
present their case.

 The award deals with a dispute not contemplated by or not falling

within the terms of the submission to arbitration, or contains
decisions on matters beyond the scope of the submission.

 The composition of the arbitral tribunal or the arbitral procedure

was not in accordance with the agreement of the parties or the
Act.

 The subject-matter of the dispute is not capable of settlement by

arbitration under the law for the time being in force.

 The arbitral award is in conflict with the public policy of India. For
clarity, an award is in conflict with public policy only if the making
of the award was induced or a ected by fraud or corruption or
was in violation of section 75 (confidentiality in conciliation, before
 amendment) or section 81 (admissibility of evidence in other
proceedings, before amendment), or if it is in contravention with
the fundamental policy of Indian law, or is in conflict with the
most basic notions of morality or justice. The test for contravention
with the fundamental policy of Indian law shall not entail a review
on the merits of the dispute.

 For awards arising out of arbitrations other than international

commercial arbitrations, the award may also be set aside if it is
vitiated by patent illegality appearing on the face of the award.
However, an award shall not be set aside merely on the ground of
an erroneous application of the law or by reappreciation of
evidence.

o An application for setting aside must be made within three months from
the date the party received the award or disposed-of request for
correction/interpretation. A further period of up to thirty days may be
allowed if there was su icient cause for delay.

o The application must be filed after issuing a prior notice to the other party
and be accompanied by an a idavit endorsing compliance.

o The Court should dispose of the application expeditiously, aiming for a

period of one year from the date notice is served.

 Mediated Settlement Agreement (under the Mediation Act, 2023):

o A party seeking to challenge a mediated settlement agreement must file

an application before the court or tribunal of competent jurisdiction.

o A mediated settlement agreement may be challenged only on the grounds

of:

 Fraud.

 Corruption.

 Impersonation.

 Where the mediation was conducted in disputes or matters not fit

for mediation under section 6 (the indicative list in the First
Schedule). Examples of matters not fit for mediation include
disputes against minors, deities, persons with certain disabilities,
criminal o ences, registration/discipline of professionals, disputes
a ecting third-party rights (with exceptions), and certain matters
under specific regulatory Acts like the National Green Tribunal Act,
 tax laws, Competition Act, Electricity Act, Petroleum and Natural
Gas Regulatory Board Act, and SEBI Act.

o An application for challenging the agreement cannot be made after

ninety days from the date the party received a copy of the agreement.

o The right to challenge under section 28 does not a ect the parties' rights
to enforce the agreement under section 27.

 Lok Adalat Award (under the Legal Services Authorities Act, 1987):

o The sources describe the process in Lok Adalats as aiming to arrive at a

compromise or settlement between the parties.

o The award of a Lok Adalat is deemed to be a decree of a civil court

[relevant section not in sources but inferred from common knowledge,
and supported by the power to enforce attendance and take evidence
akin to a civil court (205)].

o The provided excerpts from the Legal Services Authorities Act, 1987, do
not contain any provisions for setting aside or appealing an award
passed by a Lok Adalat or a Permanent Lok Adalat. The process outlined
focuses on reaching a final and binding settlement.

Appeal Procedures

Specific orders can be appealed against under the Arbitration and Conciliation Act,
1996. The Mediation Act, 2023, provides a challenge mechanism but not a general
appeal route for mediated settlement agreements in the provided text.

 Arbitration and Conciliation Act, 1996:

o An appeal lies from the orders of a Court authorised by law to hear

appeals from original decrees.

o Appealable orders from the Court include:

 Refusing to refer the parties to arbitration under section 8.

 Granting or refusing to grant any measure under section 9 (interim

measures by Court).

 Setting aside or refusing to set aside an arbitral award under

section 34.

o Appeal also lies to a Court from an order of the arbitral tribunal.

o Appealable orders from the arbitral tribunal include:

  Accepting the plea referred to in sub-section (2) or sub-section (3)
of section 16 (pleas regarding jurisdiction or exceeding scope of
authority).

 Granting or refusing to grant an interim measure under section 17

(interim measures by Arbitral Tribunal).

o No second appeal lies from an order passed in appeal under section 37.
However, nothing in this section a ects or takes away any right to appeal
to the Supreme Court.

o For Part II awards (Enforcement of Certain Foreign Awards under the New
York Convention), an appeal lies from the order refusing to refer the
parties to arbitration under section 45 or refusing to enforce a foreign
award under section 48. No second appeal lies from such orders, but the
right to appeal to the Supreme Court is not a ected.

o Similarly, for Part III awards (Enforcement of Certain Foreign Awards

under the Geneva Convention, although Part III sections seem to be
replaced by the Mediation Act according to the 6th schedule of Mediation
Act), an appeal lies from an order refusing to refer parties to arbitration
under section 54 or refusing to enforce a foreign award under section 57.
No second appeal lies, but the right to appeal to the Supreme Court is not
a ected.

 Mediation Act, 2023:

o As mentioned regarding challenges, the Act provides a mechanism to file

an application before the court or tribunal of competent jurisdiction to
challenge a mediated settlement agreement on specific grounds.

o The provided excerpts do not specify a general appeal procedure for

orders made under the Mediation Act, other than the initial challenge to
the settlement agreement itself in the court/tribunal.

 Legal Services Authorities Act, 1987:

o As noted previously, the provided sources do not contain any provisions

for appealing an award made by a Lok Adalat or Permanent Lok Adalat.

In summary, the sources show a structured appeal process for specific orders and final
awards under the Arbitration Act, a challenge mechanism for mediated settlement
agreements under the Mediation Act, and no described appeal or set-aside process for
Lok Adalat awards. Negotiation and its types are mentioned as forms of ADR but are not
detailed in the provided material.