Alternative Dispute Resolution(ADR) and Increasing Litigation in Pakistan

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Hi everyone! Welcome to my blog, where I share my thoughts and opinions on various topics related to law and society. Today, I want to discuss the Alternative Dispute Resolution Act in Pakistan. This law aims to provide a faster and cheaper way of resolving civil disputes without going to court.


 

What is Alternative Dispute Resolution (ADR)?

 

Alternative Dispute Resolution (ADR) is a process in which parties resort to resolving a dispute other than by adjudicating it in court. It includes methods such as arbitration, mediation, conciliation, and neutral evaluation. ADR can help parties save time, money, and stress, as well as preserve their relationships and privacy.

 

Why do we need ADR in Pakistan?

 

Pakistan has a huge backlog of civil cases pending in courts, which causes delays and frustration for litigants. According to Pakistan's Law and Justice Commission, over 2.3 million cases have been pending in courts since June 2020. The average time taken to dispose of a civil case in Pakistan is about five years. This means many people must wait long to get justice or give up their claims altogether.

 

To address this problem, the government enacted the Alternative Dispute Resolution Act in 2017, which applies to the Islamabad Capital Territory. The Act requires certain civil matters mentioned in the Schedule to be referred to ADR if the parties agree. The Act also provides for establishing ADR Centres and a panel of Neutrals who can facilitate the ADR process.

 

What are the benefits of ADR?

 

ADR has many benefits for parties involved in civil disputes. Some of them are:

 

1.  ADR is faster than litigation. Resolving a dispute through ADR can take a few weeks or months compared to years in court.

2.  ADR is cheaper than litigation. It can save parties from paying hefty lawyer fees, court charges and other expenses.

3.  ADR is more flexible than litigation. It allows parties to choose the method, venue, time, and language of dispute resolution that best suits them.

4. ADR is more cooperative than litigation. It encourages parties to communicate and negotiate with each other rather than fight and blame each other.

5. ADR is more confidential than litigation. It protects the parties' personal and business information from public exposure and media scrutiny.

6. ADR is more satisfying than litigation. It gives parties more control over the outcome of their dispute and allows them to reach a mutually acceptable agreement.

 

How can you use ADR?

 

If you have a civil dispute under the Schedule of the Act, you can opt for ADR by agreeing with the other party. You can also request the court to refer your case to ADR on the first date after the appearance of all parties. The court will assign your case to an ADR Centre or a Neutral from the panel.

 

The ADR Centre or the Neutral will contact you and the other party and arrange a meeting to discuss your dispute. Depending on the method of ADR you choose, the Neutral will either help you reach a settlement (mediation or conciliation), or make a decision for you (arbitration or neutral evaluation).

 

If you reach a settlement through ADR, it will be recorded in writing and signed by you and the other party. The settlement will then be submitted to the court for confirmation and enforcement. If you do not reach a settlement through ADR, you can continue with your case in court.

 

Conclusion:

The Alternative Dispute Resolution Act in Pakistan is a progressive law that offers an alternative way of resolving civil disputes without going to court. It can benefit parties by saving them time, money and stress and preserving their relationships and privacy. If you have a civil dispute that qualifies for ADR, consider using it as an option.

 

I hope you found this blog post informative and interesting. If you have any questions or comments, please share them below. Thank you for reading!

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