ADR — Pakistan's justice revolution

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Pakistan's justice system is groaning under the weight of a staggering backlog of over two million cases, with some legal battles spanning decades. For the average citizen, the pursuit of justice often translates into years of frustration, financial drain and emotional exhaustion. The conventional courtroom model, designed in an era vastly different from our present, is struggling to meet the demands of a rapidly growing population and increasingly complex disputes. Against this backdrop, Alternative Dispute Resolution (ADR) emerges not just as a complementary mechanism but as a crucial necessity for ensuring justice in Pakistan.

ADR, which includes mediation, arbitration and conciliation, offers a streamlined and cost-effective alternative to traditional litigation. Unlike the formal court process, ADR emphasises consensus-building and the swift resolution of disputes, making it particularly suited to the socio-economic realities of Pakistan. Its potential to revolutionise access to justice cannot be overstated, yet it remains underutilised and misunderstood in the country. A dispute that might take years in a court can often be resolved in weeks through ADR. This is exactly the kind of agility Pakistan's overburdened legal system desperately needs.

Cost is another critical factor. For ordinary Pakistanis, justice is often a luxury they cannot afford. Legal fees, court costs and endless adjournments pile up, leaving marginalised communities locked out of the system entirely. ADR changes that equation. It offers a quicker, less expensive route to resolving disputes, making justice accessible to those who need it most. Imagine a small business owner settling a contractual disagreement without draining their finances or a family resolving a property dispute without getting trapped in years of litigation. ADR turns these possibilities into reality.

The idea of alternative dispute resolution isn't alien to Pakistan. For centuries, rural communities have relied on jirgas and panchayats to settle conflicts. While these traditional systems are often criticised for being patriarchal or unjust, they demonstrate an ingrained cultural preference for resolving disputes outside formal courts. Modern ADR builds on this tradition but offers something better - structures grounded in fairness, transparency and equality. It is a bridge between our cultural roots and the demands of a modern justice system.

The benefits of ADR extend far beyond reducing case backlogs. For Pakistan to attract foreign investment and foster economic growth, it must ensure swift and reliable mechanisms for resolving commercial disputes. No international investor wants to wait years for a court to rule on a business conflict. Arbitration, the global standard for resolving commercial disputes, is an area where Pakistan lags far behind. Strengthening ADR frameworks signals to investors that Pakistan is serious about creating a business-friendly environment.

ADR also has the power to uplift voices often drowned out in the courtroom. Women and vulnerable groups, who face significant barriers in accessing formal justice, can find a safer and more inclusive space in mediation or arbitration. For example, family disputes - often fraught with personal and emotional complexities - are better handled through dialogue and consensus than through the adversarial process of a courtroom. ADR provides the empathy and sensitivity that traditional litigation often lacks.

For ADR to become a cornerstone of justice in Pakistan, bold steps are needed. The legal framework must be modernised. Existing laws like the Arbitration Act of 1940 are relics of another era and need urgent reform. Dedicated ADR centres with trained professionals should be established across the country to ensure the system works efficiently and consistently. Judges, too, must see ADR not as competition but as a partner in delivering justice. By actively referring cases to ADR, the judiciary can free itself to focus on complex matters that truly require judicial oversight.

Equally important is educating the public. Most Pakistanis associate justice with courtrooms, unaware that faster and less intimidating options exist. Public awareness campaigns and community engagement can help shift this mindset. Once citizens see the tangible benefits of ADR, they will not only demand it but embrace it as their first choice for resolving disputes.

Pakistan is witnessing a growing ADR movement, with notable figures like Justice Mansoor Ali Shah of the Supreme Court and Justice Jawad Hassan actively championing the cause by encouraging mediation and referring cases for resolution outside traditional courtrooms. Court-annexed mediation centres have been established in Quetta and Islamabad, while private centres have emerged in Karachi and Lahore, reflecting significant progress in expanding ADR infrastructure across Pakistan. Additionally, a growing number of individuals are obtaining certification as mediators from internationally accredited institutions, further strengthening the country's capacity for effective dispute resolution. While these efforts are promising, they need to be scaled and strengthened. Pakistan must work toward developing a robust, institutionalised ADR legal framework and an enabling ecosystem that integrates ADR seamlessly into the justice system, making it a cornerstone of accessible and efficient dispute resolution.

Pakistan has a choice to make. It can either cling to an outdated system that serves only the privileged few or adopt ADR as a transformative force for justice. Courtrooms will always have their place, but they cannot be the only path to resolution. The future of justice in Pakistan lies in dialogue, efficiency and equitable solutions. ADR isn't just an alternative - it's the solution we've been waiting for.