Alternate Dispute Resolution Law at Pakistan
Alternate Dispute Resolution (ADR) Law in Pakistan refers to a legal framework designed to resolve disputes outside the formal judicial system. It is aimed at reducing the burden on courts, ensuring quicker justice, and promoting reconciliation between parties. Here's an overview of ADR in Pakistan:
✅ Legal Framework of ADR in Pakistan
Code of Civil Procedure (CPC), 1908 (Amended)
Section 89-A (Punjab amendment): Courts may refer civil disputes to ADR mechanisms such as arbitration, mediation, conciliation, or any other mode.
Judges have the authority to guide parties toward ADR before formal hearings begin.
Arbitration Act, 1940
Governs arbitration processes in Pakistan.
Outdated in comparison to modern international arbitration standards.
No concept of institutional arbitration; largely ad hoc.
Small Claims and Minor Offences Courts Ordinance, 2002
Encourages resolution of small civil disputes and minor criminal offences through ADR.
Punjab Alternative Dispute Resolution Act, 2019
Comprehensive provincial law.
Empowers District ADR Committees.
Covers mediation, conciliation, and arbitration.
Encourages community-based resolution.
Sindh Mediation Rules, 2015
Developed under the Sindh Civil Court (Amendment) Act.
Encourage mediation in civil cases.
Khyber Pakhtunkhwa ADR Act, 2020
Similar to Punjab law, with structured ADR centers and mediation panels.
Islamabad Capital Territory Legal Aid and Justice Authority Act, 2020
Promotes ADR for vulnerable populations to resolve disputes efficiently.
🔍 Types of ADR Used in Pakistan
Arbitration – Binding resolution by a neutral third party.
Mediation – Facilitated negotiation by a mediator; non-binding unless formalized.
Conciliation – Similar to mediation but more interventionist.
Panchayat/Jirga (Informal/Traditional ADR) – Community-based conflict resolution (used mainly in rural areas; controversial due to human rights concerns).
⚖️ Challenges Facing ADR in Pakistan
Lack of awareness among the public and legal professionals.
Inadequate institutional support and training for mediators/arbitrators.
The Arbitration Act, 1940, is outdated and not aligned with UNCITRAL standards.
Informal mechanisms (jirgas) sometimes violate constitutional rights, especially in cases involving women or minorities.
📈 Recent Developments and Reforms
Punjab and KP have taken legislative initiatives to institutionalize ADR.
Judicial training institutes now include ADR in curricula.
Pakistan is a signatory to the New York Convention (1958) – recognizing international arbitration awards.
📝 Conclusion
Alternate Dispute Resolution is gaining legal and institutional support in Pakistan, especially through provincial legislation. However, its effectiveness hinges on awareness, trust in the system, and modernization of outdated arbitration laws.
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