Critical Analysis on Existing Framework of ADR in Pakistan

Abstract

The mechanism of resolving issues quasi-judicially has turned out to be an effective means especially in jurisdictions where backlogs are hiking. However, the current framework in Pakistan addressing Alternate Dispute Resolution faces certain shortcomings and challenges which calls in question its fairness, accessibility, and effectiveness. The paper provides a background of ADR in Pakistan, outlining the history, development, and types of ADR mechanisms used. It then delves into an in-depth analysis of the existing ADR framework, discussing the laws, regulations, and roles of various bodies involved. Through this analysis, discrepancies and weaknesses in the framework are identified, with a focus on transparency, accessibility, efficiency, and effectiveness. The impact of these discrepancies on the overall ADR system is examined, including their effects on access to justice, fairness, and public trust. Based on the findings, this paper provides recommendations for addressing the identified discrepancies, proposing policy changes, legislative reforms, and initiatives that can improve the effectiveness and fairness of ADR in Pakistan. By highlighting the discrepancies and providing recommendations for improvement, this research paper aims to contribute to the ongoing discussions regarding the enhancement of the ADR framework in Pakistan for more efficient and equitable dispute resolution. ADR Act of 2017 is the focal point of our research as an overwhelming majority of ADR Practice in Pakistan revolves around it including accreditation and notification of mediators and mediation practices.