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.
