Reluctance of People Using Alternative Dispute Resolution: A Critical Analysis in the Pakistani Context

Abstract

In Pakistan, the reluctance to use Alternate Dispute Resolution (ADR) reflects complex challenges and is ingrained in socio-cultural, economic, and institutional barriers. This article showcases and examines the critical issues in the historical evolution of alternate dispute resolution and its mechanism in Pakistan, analysing and identifying the legal framework and key reasons behind public hesitancy. Under the presence of legal provisions and clauses such as the Arbitration Act of 1940 and ADR in the Civil Procedure Code, ADR remains limited due to a lack of awareness of trust issues and confrontation from legal experts. Comparative Analysis from neighbouring countries like India and Bangladesh demonstrates the potential of ADR in court systems, cost-effective justice, and swift. Special Case studies of successful ADR interventions in Pakistan, such as Sindh’s Women’s Mediation Centers and Khyber Pakhtunkhwa Dispute Resolution Councils, effectively implemented and underscored the transformative potential of ADR. However, systemic reforms are needed to highlight the failures in high-profile cases. This Research Article proposes actionable recommendations, which include public awareness campaigns, capacity-building for ADR professionals, legal education of ADR inclusion, institutional establishment, and legislative reforms to enhance enforcement. Covering all these challenges is crucial for developing trust in ADR mechanisms and integrating them into Pakistan’s justice system, eventually converting dispute resolution into an inclusive, accessible, and efficient progression. All the conclusions and recommendations outlined in this article serve as a CTA for policymakers, legal practitioners, and civil society to endorse ADR as a viable alternative to traditional lawsuits.