Litigation or ADR in Pakistan A comparative analysis

Abstract

This study examines the effect of ADR and Litigation on the administration of justice. The principal object of the study is to compare the “Alternative Dispute Resolution” system with the litigation and to come up with their pros and cons leading to thoughtful analysis, that which system could provide a better umbrella for beautiful tomorrow of case resolution. For instance, the study chooses some unstructured interviews with the personnel belonging to the legal fraternity and the relevant case parties or their representatives. Later on, a compressive discussion was furnished on the future of litigation and ADR and what are the key factors which going to affect both of them. Keeping the discussion open for both systems of dispute resolution, the research has reached some noteworthy recommendations, where the significance of ADR has been proved without a doubt but with some limitations, and litigation proves itself as a way to go with strict implementation of rules and some reformations. The study entails and suggests that although the litigation was having certain problems and ADR remained a solution to those by considering its cost-effectiveness, timeliness, and approachable facilitation, but still by formalizing the ADR there could be the apprehension of having more laws then the implementation, and the research ended up with a question that why to jump to the alternatives like ADR, instead fixing the existing the legal system? More laws, the less justice. Further, the ADR solutions come with the problems such as partiality, technological lacking, fewer forums, and understanding of the decorum provided. Comparatively, the Litigation does have better features to offer, nowadays. It also overcomes the lacking of ADR in several areas which remain very helpful to the parties. More significantly, it gave the option to appeal in Tricky decisions by having a fully established evidencing system and a ruled-based setup to avoid the random proceedings. This shows that litigation does have a better potential to move on for the benefits of people here in Pakistan, but some reformation is still required, and fewer amongst the most important ones are, the introduction of enough judicial officers to dispose the cases off in a timely manner, fixing the percentage of the case fee as per the subject matter, administrative check and balance by the Supreme court on the subordinate judiciary and appointment of learned and competent judges for family courts. Although the study does have certain limitations, as the people sometimes do not prefer giving their opinions because of some natural biases, i.e., people do not want to talk at a legal perspective, etc. So only a thoughtful analysis and discussion promoting the understanding could enhance objectivity and effectiveness of this research here. So, a future researcher could find his/her way in the advancement of awareness level.