Comparative Study of Alternate Dispute Resolution in Islamabad, Khyber Pakhtunkhwa and Punjab

Abstract

Pakistan's alternative dispute resolution landscape faces challenges and variations in effectiveness across regions. While Islamabad exhibits successful implementation due to factors like education, ADR facilities, and government support, Punjab and KPK encounter obstacles like limited access, scarcity of skilled practitioners, cultural influences, and economic considerations. The research underscores the need for a concerted effort to address these challenges and promote ADR awareness, emphasizing the importance of government, civil society and stakeholders in ensuring widespread acceptance and accessibility. As outlined in this research below, ADR offers advantages over traditional court systems. This includes party control, confidentiality, time and cost savings, expertise, finality of awards and societal benefits. The paper further underscores the evolution of ADR, incorporating online platforms and virtual mediation sessions to enhance accessibility of efficiency. In the broader context of legal frameworks, the study compares ADR Acts in Islamabad, Punjab, and KPK. While similarities exist, differences in scope, the role of ADR centers, the concept of Saliseen that are present in KPK and no such concept in the other two Acts, and dispute types are notable. The effectiveness of these acts varies, requiring a nuanced approach to implementations and awareness campaigns tailored to regional nuance. Ultimately, the research concludes with a forward-looking perspective on the potential transformative impacts of ADR in Pakistan. Emphasizing its role in fostering economic growth, reducing legal costs, and promoting fairness, the study envisions a society where ADR has become a widely accepted and accessible mechanism for dispute resolution.