Alternative Dispute Resolution: A Road less Travelled in Pakistan

Abstract

Since the dawn of independence in 1947, Pakistan has been experiencing a substantial rise in litigation and predominantly, it has been relying on court based adversarial system of adjudication. A cursory view of the literature of the contemporary jurisdictions will add credence to the view that alternative dispute resolution mechanisms have proved to be the effective ways of relieving the litigants of unbearable costs and prolonged trials. With this view, this article explores some current strains within the litigious circles in Pakistan. After a discussion of Labour Laws, Land Laws, Family Laws, and Income Tax laws, Customs laws, Excise Laws and Code of Civil Procedure, it examines the possibilities of extending its scope to other areas as well. In case of a dispute, the litigants not only make recourse to the state sponsored methods of settlement i.e. adjudication through judicial forums but they try to solicit the help of alternatives as well i.e. mediation, conciliation, arbitration and abridged trial procedures1. Albeit, particular means of alternative dispute resolution vary from one another but still they reveal some striking similarities that a non partisan individual gets in with an acceptable opinion or keeps the combatants informed of all the developments pertaining to the issue2. Broad fields which carry a reasonable portion of litigation and on which this work will focus, are labour disputes, family disputes, taxation disputes and the disputes relating to agriculture land. Primarily this article is based on archival work and analysis of judicial paradigms, the work suggests that the reinvigoration of this system in Pakistan.