CONCEPTUALIZATION OF ALTERNATIVE DISPUTE RESOLUTION METHODS IN PAKISTAN

Abstract

Since the court system is often slow and expensive, and people have little faith in the system, courts in Pakistan and in the provinces like Punjab use ADR (Alternative Dispute Resolution) to combat these issues. Using ADR to relieve judicial backlog and court related issues in Pakistan have been widely accepted. The aims of this paper is to be as comprehensive as possible regarding any of the primary issues surrounding the understanding, practical use, and legal framework of Punjab’s ADR. The paper is limited to the Punjab region, especially in relation to provincial statutes governing mediation, arbitration, and court-referred/annexed ADR. The paper primarily focuses on the legal and administrative frameworks and the existing/possible gaps concerning the timely delivery of justice through ADR to evaluate the success or failure of the ADR system to deliver justice. Most acknowledge that the primary issue preventing Punjab ADR from reaching the highest possible level of justice is due to the, lack of general information concerning the ADR system, underdeveloped regulatory frameworks, poor training/experience of ADR neutrals, and socio-cultural constraints that limit the process. The paper concludes with consideration of possible legal reforms, along with the construction of an institutional framework and increased administrative oversight by the judiciary, to improve the stability and accessibility of existing ADR systems.