Alternative Dispute Resolution (ADR)

Chapter 01: Introduction

1.1  Background:

Alternative Dispute Resolution is a famous dispute settlement technique which is frequently used by many countries with an intention to reduce the conflicts among individuals.The concept of Alternative dispute resolution is quite old and is in trend to adopt on thelegal and federal basis by many developed countries like the United States of America and the United Kingdom.With the increasing trend of globalisation has increased the level of interaction among individuals of different countries.Now anindividual can interact with different countries residents in short time period.Such intense interaction activities lead number of conflicts and disputes among individuals.The nature of disputes and differences raised among individuals directly affect the settlement technique which is used to resolve the differences.Alternative dispute resolution technique is used to settle all small and medium intense conflicts and develop consent situation for both parties.ADR technique aimed to develop a Win-Win situation for both parties.ADR bring peaceful and acceptable ways for dispute settlement.ADR dispute settlement technique focus on negotiation level more and more with all parties of dispute (Ahmad, 2009) ( Oricho, 2010) (McGeorge, 2015).

Every state is responsible to provide security of life, valuables and rights of the individual living in that society. Different litigation and justice authorities are established for this purpose. All of these law authorities perform different duties and tasks. As police is responsible to arrest the criminal and stop the crime and violence where ever it take place and whoever is involved in the crime.In current scenario of international threat of terrorism the political and law and order situation of any country play an important role in economic growth and stability of any country. There are many chances of happening of disputes and conflicts among business parties as now the trade is become boarders and people of different culture and regions can make free trade with each other without any hurdle and problem. Due to such cross sectional business contracts the chances of conflicts increase and demand quick and prompt justice or settlement. As being a business none of party have enough time to wait for long hearings and fulfill other protocols of litigation or judicial system of that country.Police is only responsible to eliminate the events of crime and for elimination of the crime causes which ruined the peace and security of country.Police is responsible for maintenance of law and order situation in a country and not allow anyone to take control of law in their own hand or misuse the law system of country (John & McZark, 2006)

The judicial system of the country is responsible to provide punishment to criminals according to law act or ordinance prevail in country. All countries have different punishments for violation of law and crime. There are many similarities among laws of different countries worldwide. As criminal of murder is entitled for Hang till death according to law system of most of countries in whole world. The punishment entitled to different criminals serve as warning for the other individuals of society and prevent them for violation of law. The judicial system of every country is consist on number of different courts. Courts have large number of disputes and crimes for settlement and justice. Preferences are mostly given to those cases which involve murder, death, rape and serious negative impact on numerous individuals of a society. While different property and family disputes remain pending in courts. As the population of world is increasing, the number of conflicts and disputes are also increasing (Viveak, 2003)

Alternative dispute resolution provide a legal platform for settlement of different disputes and conflicts on mild nature.ADR is oneof best technique for dispute settlement for businesses.As it involve less time,cost, increasesecrecy and quality result (acceptable both parties).In country litigation or court system, many parties obtain the advantage of geographical location familiarity of language, culture and many other aspects.While in ADR consent of both parties are include in location, time and language used for dispute settlement. ADR is an innovative and improved form of traditional litigation process through which benefit or advantage of both parties are considered on equal base. ADR does not allow benefit of one party on cost of another. As it aim to bring maximum satisfactory and contended results or solutions for both of parties involved in a dispute or conflict (Mike, 1998)

1.1.1History of ADR:

The historical roots of ADR are quite old as old the human history is.The concept of ADR is used by different nations and kings at their time, but the real practice evidence of implementation of ADR found from 1800 B.C. and onward.After this time,ADR technique is used at legal and social levels for dispute settlement purpose.In 400 B.C. the Greek Kings used Mediation technique for dispute settlement among small level.Greeks were the first in human history which implement ADR technique and received immense benefits from it.While after Greeks in 1800 B.C., the Syrian King implements the ADR technique at amassive level for settlement of disputes among different kingdoms.In 1888, the United States Govt passed the bill to implement and use ADR technique legally throughout the different states of the USA. The attribution act passed by USA govt, increase the law establishment authorities to increase the situation of law and justice in the country and make it sure the availability of justice to every individual or resident of thecountry.

During 1914-1918, the ADR technique is used to settlement the labour disputes raised due to World WarI. In 1920, the New York state govt, passed the first modern Attribution law. Arbitration law is mostly used to settlement the disputes betweenlabour and employers.

ADR technique is mostly used to limit the cost associated with thesettlement of disputes and conflicts.Through ADR technique,the disputes can handle easily outside the court and without theintervention of thecourt.Huge cost and availability of other resources are required to make access towards courts for settlement of disputes and conflicts.While through ADR one can easily settle their disputes through the ADR authorities of their locality or area.Alternative Dispute Resolution refers to thevoluntary role of thethird party which is completely neutral without any partiality. The representative of ADR are independent in their decision-making process and consider both subjective and objective approaches todecision-makingprocess (Balina, 2014) (Shin, 2002)

1.1.2 History of ADR in the UK:

Alternative Dispute Handler is used in the UK after World War I and II. After world war, the situation of labour and workforce become worse in the UK and adversely affect the employment situation in the whole UK. At that time, attribution technique is used to settle down the disputes and conflicts exist among labour union and employment authorities of UK. Through this, a favourable win –win situation developed in the UK and help the economy of thecountry to move in recession stage of theeconomy cycle. After 1950s era, the attribution technique or ARD technique is implemented in the whole UK at federal and state level (Commission, 2010) ( Lovyrev & Udovichenko, 2014).

1.1.3 Why need of ADR Arise in Pakistan:

Before independence, the subcontinent remains under control and rule of UK government or royal system. Most of corporate and business laws of Pakistan are modification form of UK business and corporate law. In Pakistan, many residents have limited resources as most of thepopulation of Pakistan is living in rural areas where limited transport and communication sources are available. Most of therural areas residents have limited education and limited awareness about law and judiciary system.Different high courts and benches of courts (consist of judges of supreme and high courts) are formed in major cities of Pakistan and law and order system have limited access towards judiciary system.The presence of ADR and attribution technique facilitate the residents of rural areas to make access towards immediate judiciary system.Through ADR system, different small differences and disputes can settle in least time and limited involvement of cost. Currently, ADR system is  implemented in Pakistan at federal and local level from 2016 to onwards. Only some tribal areas and rural areas used ADR technique frequently for dispute settlement. There is high need to make ADR a legal practice in all over the Pakistan for immediate settlement of disputes and cost saving purpose (Jilani, 2009) (Pillai & Manesh, 2015)

1.2 The significance of Research:

This research is important to identify the need and improvements required in existing judiciary system of Pakistan. This research highlights the need for implementation of ADR system at thefederal and provincial level of Pakistan. The importance of ADR in judiciary system of Pakistan is explained with different aspect in this research to increase the awareness about ADR system for development of peace and security in society.

1.3 Research Objectives:

This research is conduct to achieve following objectives:

  • To identify the concept and importance of Alternative Dispute Resolution.
  • To identify what main features of Alternative Dispute Resolution are?
  • To explain the role of ADR in society.
  • To explain theneedfor ADR system in Pakistan.
  • To identify benefits and types of ADR for Pakistan.

1.4 Problem Statement:

Every developed and developing countries are using ADR technique through different aspects.Some countries have implemented this technique in the form ofmeditation and some implement in the form ofAttributor.Use of ADR technique increase situation of law and peace in the country and provide immediate justice.Pakistan has anincreasing rate of population and majority of its population has limited resources.55% of Pakistan total population is living in rural areas where necessities are not available up to some extent. In such scenario, the process of obtaining justice on small and medium intense disputes take longer period through theintervention of courts. As different cities have their high courts and have long series of different pending high intense disputes. In such scenario, the process of justice become slow and very costly for individuals and develop inherent rivalry among families which lead towards major crime. To avoid such aspect, there is ahigh need to officially and legally implement the ADR technique at provincial and Federal level in Pakistan. It is done in end of 2016. Thus, the same issue is identified in this research that How ADR system can implement in Pakistan and benefits associated with implementation of such technique (Jilani, 2009) (Kalanauri, 2011)

1.5 Research Questions:

This research mainly focuses on following questions:

  • What is ADR system is?
  • Why is ADR immensely needed to implement in Pakistan legally?
  • What benefits mainly ADR system brings towards a country or society?
  • How the ADR system helpful for different individuals of Pakistan?

 

 

Chapter 02: Literature Review

Alternative Dispute Resolution is considered as one of animportant and legal technique for disturbance handler process.USA and UK used this technique on amassive level to conduct an effective process of dispute settlement.In UK and USA, all of thenegotiation with labour and employees are handled through ADR.ADR practice is best to use when the nature of fraud or crime is not much large and demand a deep and detail communication and interaction with participants of dispute.Despite USA and UK many renowned Muslim countries are also using this technique.ADR is considered as a duty of thestate to settle all kind of small disputes and differences.In Turkey,every disputearises through legal relations of two or more participants is referred to ADR practices of Turkey for remedy purpose.If disputes are large and not settled by ADR practices,then such disputes are transferred towards Courts of thecountry.Turkey legal system implements the ADR throughout the east and western Turkey with an intention to provide faster and simple solution of different disputes.The procedure and type of ADR are not specific and restrict upto theimplementation of a specific process and technique among all the countries which use this. It depends upon the consent of law authorities of a country that up to which extent and level, the ADR practices will intervene in disputes settlement process of individuals of society. ADR system is implemented and use among all over the Turkey until unless it contradict with basic principles and rules of Turkish policies and regulations of Turkish law enforcement authorities (Carter & PierCe, 2001).

Different types of ADR practices are exist in Literature. The law authorities can select the appropriate technique according to their needs and requirement of law system of their country. Some important types of ADR practices are explained in below: (Hamilton, 2015)

2.1Arbitration:

Arbitration is the most used technique or form of ADR which is commonly used by many countries at amassive level. Through arbitration technique, the dispute exists among individuals are settled down through a neutral third person. Both parties usually accept the decision finalised by that neutral person. Such neutral person is appointed or selects by consent of both parties involved in the disputes. The local or state body do not nominate the neutral person. The decision taken by arbitrator (the neutral person) is dominant with thesubjective and objective approach of thearbitrator.

2.2Mediation:

Mediation is a most common used practice in trade and business disputes settlement.In this process,a person provides better and deep communication among the disputed parties and try to make the both parties at one consent point.Through effective and efficient communication process,the win-winsituation is developed, and thedisputeis settled.

The person provides help to increase the communication among disputing parties is known as Mediation. In contrast to Arbitrator,the mediation does not provide any advice,nor give any direction about how the dispute can settle. Instead of this, it only focuseson increasing communication among parties as through intense communication many disputes and misunderstandings can settle down. The role of mediation is only limited to ask different direct and leading questions from the parties and remove the misunderstanding, and wrong concepts hold by different parties.If the mediation does not bring any successful or acceptable result for both parties, then the documents used in mediation process cannot treat as legal evidence in court lawsuit.

2.3Conciliation:

Conciliation refers to provide a wide range of all possible solutions about the dispute settlement.The solutions provided are according to nature of dispute and circumstances of thesituation faced by all parties todispute.Through intense and deep communication the Conciliator reached to an agreement or situation which is acceptable for all parties involved in dispute.In this technique, the neutral third party provides adifferent possible solution and try to convince the parties at one agreed situation or solution.In contrast to Mediation,Conciliation refers to consider the basic or cause of the dispute and different factors associated with the dispute.But on the other hand, conciliation process is more dominant with theprovision of law and provide more law security towards parties. But this technique is considered rigid and less flexible technique of ADR in contrast to Mediation technique.

2.4Negotiation:

Negotiation refers to theinvolvement of different ADR technique for settlement of different disputes.Usually, this technique is used to settle some medium intensity base disputes which cannot be settled better through any sole technique of ADR.Negotiation aimed to increase the communication flow among parties involved and provide different best possible solutions for settlement.Whileit also aimed to develop such situation which is acceptable and in favour of both parties. Negotiation technique is used to secure the interest and benefit of all parties in best possible way. Negotiation brings high success result in dispute settlement process and increases the level of satisfaction of both parties.

2.5Early Neutral Evaluation (ENE):

The Early neutral evaluation method is the important or basic practice of ADR techniques as this technique is immediately used for thesettlement of a dispute at thebeginninglevel.The disputes not settled by this technique are furtherreferredto theapplication of other ADR practices.This technique provides information about theprocess used for thesettlement of thedispute and increases the knowledge of the parties in this regard.Such technique evaluates the basic concerns or issues raisedby parties and try to settle down these issues through theintervention of non-subjective third party. The information provided through this ADR technique, help or assist the parties to disputes to reached an acceptable process which will implement for settlement of thedispute.

2.6Fact-Finding Method:

This method of ADR helps to clarify the different facts and events associated with the dispute exist among parties. This technique reveals different hidden and indirect facts of a dispute and makes the situation more general and easy to understand. Thus technique does not aim and bring successful solution and settlement of thedispute. It just simplifies the things involve in dispute and increases the awareness and knowledge of the dispute for the intervention party. This technique is commonly used with thecollaboration of some other ADR technique. As it clarifies the situation and provides assistance and guidance to other ADR technique (arbitrator, mediation, negotiation and conciliator).When the parties are not willing to accept their fault or not in compromising mood then such technique is used to investigate the faults and errors committed by different parties scientifically. For this technique, mostly the person with legal and law background like Attorney are mostly appointed as they have more knowledge about different types of crimes and frauds and relevant punishment to different frauds and errors through thelight of thelaw.

2.7MED-ARB:

This ADR technique refers to thecombination of Arbitrator and Mediation technique to find out the best possible solution to the dispute under observation. This method is used when the dispute is not settled through mediation techniques and demand implementation of Arbitrator technique. This technique is mostly used when more than one best possible solutions are sought out, but the parties are not agreeing on any single proposed solution. Thus, in such case through theappointment of Arbitrator the dispute is settled down and issues raised are eliminated .The decision taken by arbitrator are mostly confirmed and accept by all parties and violation in acceptance of Arbitrator’s decision can bring immense loss and intervention of court in some specific cases or as per provincial and state law (Salacuse, 2007)

2.8Benefits of Using ADR:

Implementation of ADR system brings immense benefitsto every society.The use of ADR system at provincial and federal level increase the law and regulation system in the society and develop peace in society.ADR provide a single approach or procedure for settlement of dispute among parties.While through district and city courts many processes can use for dispute settlement and take a long time.Use of single and agreed dispute resolution increase the satisfaction level among individuals.As nature of ADR technique is private, it facilitates the parties to take great control towards the way selected for dispute settlement.While this ability of parties are limited or eliminate in the legal legislation process.Besides this,through ADR technique the parties can decide the medium, language and place of proceedings which is not possible in case of provincial and federal law.ADR practices bring ahighlevel of neutrality towards the dispute settlement process.As the third party hired are completely neutral and have no biasing effect of language and culture of any party.This element eliminates the home court advantage of a party and makes the both parties equal in theeye of theThird party.ADR provide ahigh level of confidentiality to proceedings and results of the proceedings.(Mayer, 2010).

As in courts all hearings and proceedings are made in front of public while through ADR techniques,the proceedingsare made among parties involved in dispute.In addition to this, it depends upon will and consent of parties to reveal the facts, proceedings and final result in front if public or not. The decision made by one ADR technique is usually considered as final one. In contrast to this different appeals can be made at session courts, high courts and supreme courts of a country by any party if they are not satisfied with final result. Decisions finalised by ADR technique remain unchallenged and acceptable by all participants of dispute.Besides this,the time consumed in legal courts is very long and take many years and months.

While ADR techniques use small period and provide law in speed.The decision was taken by ADR techniquesmostly increases the level satisfaction among parties while this elementis restricted in alegal court.On another hand, the expense incurred on proceedings of civil courts are quite high in contrast to ARD techniques.Through theuse of ADR system, the third party or intervention party remain focused to specific disputes raised among specific individuals and pay full attention towards thesettlement of disputes.In contrast to thelegal court system, where a series of disputes come for hearing and proceedings, and many small disputes lose their attention and importance due to thepresence of alarge volume of disputes.ARD focus to find out different new ideas and ways for settlement of disputes among individuals. Due to this, ARD continuously explore different new ideas for dispute settlement which leads creativity in society. While this creativity concept remains to eliminate from the decisions of the legal court system of the country. ARD technique reduces the level of burden and stress among individuals of disputes. As both parties have strong believed that whatever the decision is taken, it will in benefit and in favour of both parties.While this element is restricted and has not much scope in the court system of the country. Use of ADR techniques provides immediate access of individual towards judicial and law system of the country. Through regular court system of country, the procedure to make access towards judicial system of country involve a series of long processes and steps (Miles, 2017) (Olsen, 2002) (Court, 2015)

Features of ADR:

Alternativedisputeresolution hold differentspecifictraits or features which make it desirable nad applicable in differentcountries of world.The voluntary selection of ADR is make it one of most desirable dispute settlement technique.As through this technique, both parties have equal liberty to select the ADR by their own consent and will to eliminate the element of biasness and favoritism from decision of ADR.Both the parties of ADR have equal right to select the most desirable and best suitable technique of ADR for settlement of dispute.Beside selection of technique,parties have liberty to decide the process,steps and protocols of dispute settlement through their own consent and ease.Time play significant role in this.As both parties arranged the dispute settlement process according to their routine schedule with an intention to avoid any risk or loss.Through ADR parties have right and liberty to decide such a situation or solution of dispute whichbring win-win situation for both.As both parties have right todecidetheir destiny by their own. With this feature is not present in judicial system of a country.The parties have full control on process of dispute settlement and on final resultsof dispute settlement technique.In litigation or local courts or judiciary system,the law demand different evidences which consume sufficient time and cost.While ADR does not demand high volume of evidences.ADR provide facility of reconciliation to both of parties if any one of party feel dissatisfaction from the final outcome of ADR.ADR focus on future of parties also and the mediation and arbitrage techniques used during settlement of dispute provide the facility to implement and used that steps and solutions in future of parties. This aspect is eliminate in normal litigation process. No party has any right to disclose the final decision of the ADR without the prior written consent or permission of the other party. Both parties are liable to keep secrecy and confidentiality of the decision taken during ADR.ADR focus to preserve and hold the relationship exist among parties and provide such solutions which not affect the nature and intensity of the relation exist among parties.

Involvement of third party is not compulsory in all techniques of ADR .Through negotiation technique of ADR, the parties involve no third person in the settlement of dispute. The dispute is settled down through the insight communication and interaction. Through negotiation the both parties can understand each other situation and points in better way in contrast to litigation process. Through use of ADR the future of parties remain pleasant and close with each other due to emphasize on Win-Win situation in all of ADR techniques. While in litigation process the win-lose situation is formed for both parties as one party enjoy victory and other lose. Such win-lose situation effect the future interactions and elations of both parties (Carter & PierCe, 2001)

2.9Law System in Pakistan: (Before Implementation of ADR)

In Pakistan currently, ADR system is not legal and not implement officially at provincial and federal level (Schneider, 2000).ADR techniques are slightly used in some areas, and many people upgrade this technique of dispute settlement as Jirga system. Jirga system is frequently used by Tribal areas of Pakistan where some selected representative (not neutral persons) are responsible for making decisions of all crimes including murder, rape and all other crimes. Manyindividualshad thewrong concept and considered Tribal Jirga system and ADR techniques as same.While in reality, these two are opposite in nature.ADR techniques are used for thesettlement of those disputes which involved small crimes and can take a long settlement time ifproceedingsare made through legal court system of a country.While in Tribal Jirga system, all disputes whether involve high intense crime and small crimes are settled by senior authorities of Jirga.The dispute handler authorities are least neutral and more subjective in thecase of Jirga while the third party of ADR is highly objective and neutral with least subjectivity.

In Pakistan, more than 50% of thepopulation is living in rural areas where effective and advancedtransport system does not prevail.While beside this,the financial sources available to them are also scared.On the other hand,besides rural areas, there are many individuals who have limited financial resources in urban areas and have limited access towards legal court system. In addition to this, the literacy rate is also limited in Pakistan and individual have limited knowledge about law system and its different aspects. The legal system and protocols of courts demand an intensive knowledge about law and demand to hire specialised services of lawyers and attorneys for settlement of minor disputes also. Through thepresence of ADR, an individual can get animmediate settlement of their disputes in most efficient and effective way with limited cost.

There was animmense need to implement and use ADR techniques throughout the areas of Pakistan. ADR technique will help the individual to make immediate access towards law and judiciary system. Beside this, it will reduce the burden from legal court systems of Pakistan and increase the efficiency and working performance of local, provincial court and federal courts. Govt and law enforcement authorities can implement ADR technique with certain limitation and rules which fall within legal ordinance and law of Pakistan. In addition to this, different disputes and nature of disputes can mention easily by law enforcement authorities which fall within limit and control of ADR technique. Any activity and dispute settle by ADR technique beyond its stated limits and control can consider as avoidable and violation of thefederal and provincial law of Pakistan.

The details mentioned above clearly exhibit the need and importance of theADR system for any society. Thus, the present circumstances of Pakistan law and judiciary system badly need and require an efficient system of ADR technique to implement everywhere in thewhole country.

ADR Ordinance of Pakistan 2016:

Due to such importance andneed of ADR in Pakistan ,the govt of Pakistan and Judiciary of Pakistan has implemented ADR Ordinance from 2016.Govt of Pakistan has implement the ADR system through the whole country in different phases.In phase I, the law is implemented in Punjab (one of largest populated province of Pakistan and provide larger share in GDP of Pakistan).The Justice of Lahore high court (largest judicial authority of Punjab Provincial) implement the ADR in every district and Tehsil of Punjab.The number of land dispute and family disputes (related to marriage and distribution of property) are very high in Punjab.Most of population live in rural areas.The people of such areas have to cover distance of 10 to 12 hours to reach for hearing in Lahore High Court.Beside this,the number of pending cases related to murder,rape and other crimes are increasing day by day .Due to the number f pending cases are increasing day by day and many minor cries and cases remain unsettled for many years. To reduce this trend and for immediate availability of justice, ADR system is implemented in Pakistan. ADR authorities are responsible to settle down all the disputes come towards them with in minimum short time period. The panel made for settlement of dispute include different professionals and experts of various sector. Being a Islamic Republic Country, Ulma and Sharia members are included in panel of ADR for each district and Tehsil. The parties of dispute have equal right to make access or file petition in high court of respective province, in case of dissatisfaction from the outcome of ADR.

An ADR academy is established which is responsible to provide necessary training and skills to ADR panel about how to settle down different issues come towards them for settlement. Through sufficient training and skills the ADR panel will become able to perform its duties. Lahore High Court is responsible to evaluate and monitor the performance of ADR appointed in different tehsil and district. Lahore High Court is also responsible to arrange various training sessions for ADR panel, if they are not performing in desire way. ADR panel are accountable in front of Lahore High Court chief Justice for their performance and duties.

Th investment friendly policies of Punjab Govt is one of basic reason for implementation of ADR in Pakistan. As the trade activities and agricultural activities are maximum in Punjab and capital of country is also located in Punjab.Due to which for security and satisfaction of foreign investors, govt of Pakistan implemented ADR in whole country.All the other Asian tiger countries like Taiwan,China, Indonesia,Malaysia and even India has implemented ADR at provincial and federal level.The crime rate decreased a lot due to implementation of ADR in every society.Due to this, the crime rate is very less in Europe and North America.As ADR are restrict to make settlement of dispute with in short time period. When the people have increased awareness and knowledge about immediate availability of justice then crime rate with in society reduce and environment of country become more peaceful and safe.

Chapter03: Methodology

This is most important of every research.Methodology explain the detail of all methods and techniques which are used in whole research.Research is consist on different steps and procedures which bring direct effect towards data analysis section of the research.Methodology section depicts what specific research design and requirements are suitable for this research and why.Selection of research design effect the generalizability of the research. Literature has provide different research designs which a researcher can use according to need and requirement of research. Methodology explain the reader about what tools and theories are used mainly in this research for description of different themes, phenomena and issues undertake by researcher for research. Methodology explain the work plan and guiding map used by researcher in proposed research (Rajasekar & Philominathan, 1998).

Methodology bring different understanding and awareness aspect towards research.Methodology clearly explain the reason and logic behind implementation of different research process,techniques and steps in deep detail.The validity and reliability of research result are highly depend upon the methodology used in conduct of research. Any gaps exist in research methodology effect the authenticity of research and decrease its implementation rate.

Research design of this research is following:

3.1 Types of Research:

There are different types of research which provide a vast selection of different researches which a researcher can select according to demand and requirements of the proposed research.Some basic types of research are following:

3.1.1 Exploratory Research:

Such researches are conduct when least knowledge is known about the topic or concept for which the research is conduct. This type of research is conduct to get basic or main understanding of the concept and provide a brief but authentic overview of problem or topic under research.

3.1.2 Explanatory Research:

This research is conduct to explain the existing published researches in detail. Such researches are undertake to provide a simpler and precise view of specific concept which is undertake or investigate by many researcher from time to time in past.

3.1.3 Descriptive Research:

This research is conduct to explain the relationship exist among different variables of research and their impact towards each other.This research is conduct with assistance and help of explanatory research.A researcher who conduct descriptive research conduct explanatory research simultaneously. Descriptiveresearch explain relations of research variable in more understandable way to increase level of understanding of research.

3.1.4 Case Study:

Case study is a typical type of research which is conduct for specific issue, problem or event and have no effects and relations with other factors. A case related to particular situation directly related to research problem is identified in data analysis section of such research. The result provided by through such research are not applicable towards other sectors as results of such research study are highly specific in their nature (Williams, 2007)

In this study the importance and role of Alternative Dispute Resolution  in Pakistan is need to identify and provide points and evidences and through base of such evidences ADR can be announce as legal dispute settlement method.

3.2 Nature of Study:

The nature of study is very critical for results of research.The nature of study can be either Qualitative or Quantitative directly depend upon the type of study.Qualitative study is undertake to identify importance, benefits,causes and reasons of different events,motivation and issues.Qualitative study involve use of existing literature and data for analysis purpose.Qualitative study use secondary type of study. While in quantitative study specific numerical, numbers and statistic means are used for data evaluation and analysis purpose. In quantitative study, primary means of study or data collection are used which involve use of questionnaire etc. While in qualitative study interviews, observation and focus group methods are used for data collection purpose. This research is qualitative in nature as type of study is secondary.

3.2.1    Primary Study:

Primary study is conduct to investigate a specific answer or question. Primary studies are conduct to investigate specific behaves, attitudes and mindsets of individuals or humans. The result of primary study are more generalizable in contrast to secondary type of study. Mostly primary study are conduct when most of knowledge about issue or problem is already known and published.

3.2.2    Secondary Research:

This type of research is conduct to investigate the existing research in more detail. This research is mostly conduct to investigate the specific issues and consequences of different events which are happened in society. Secondary research is conduct to investigate those questions which are not fully clear and need more clarifications to grab importance. Secondary type of studies use existing published literature for research purpose in contrast to primary study which use raw data mainly (Bhatterjee, 2012). In this, research secondary type of data is used.

3.3 Study Setting:

The study is conduct in open and natural environment with least or no modifications and changes. An existing published case is used to conduct data analysis of this research which highlight the importance of ADR for every country. Thus, the study setting of this research is Non-Contrived (natural environment of research setting) in contrast to Contrived (artificial environment to conduct a research).

3.4 Researcher Interference:

When the study setting of research is Non-contrived then the researcher interference level also become minimal or least. While the level of research interference is high or maximum in contrived study setting. Maximum researcher interference is usually made in medical science experiments (Choi, 2014)

3.5 Time Horizon:

Time horizon reflect the time gap against which data is collected for research. As there are many studies for which data is collected two times to identify and highlight the difference exist in observation collected. While the time horizon of this study is Cross sectional (when the data is collected only one time).While in longitudinal time horizon the data is collect at two different time to identify variation. Medical studies and researches involve longitudinal time horizon.

3.6 Unit of Analysis:

Unit of analysis reflect the nature and volume of means or tools through which the data required for analysis purpose of research is conduct. There are various types of unit of analysis like individuals, country, industry, organization etc. In this research electronically published case study is used for analysis purpose (Yu, 2013)

3.7 Sampling:

In this study a case study published in World Bank websites and annual issue reports are used to highlight the benefits received by different countries through use of ADR in their country. A 20 different reports published by authentic world famous publishers like World Trade Organization, World Bank, BBC, The Guardian, The New York Times, PWC and Deloitte and many others are considered. But only that report is selected which provide detail of a real case where Implementation of ADR are adopt by countries and gain benefits. Thus, purposive sampling technique use in this research (Charles, 2015).

For analysis an in-depth discussion analysis of a case study is conduct in this research to identify and highlight the importance and benefits of ADR towards any society. Different aspects of the case study are analyzed in a deep and broad vision with an intention to grab maximum insight of the topic. While on other side, the deeper understanding of case study will help to develop better conclusion and understanding of the ADR and its importance.

Chapter04: Analysis and Discussion

4.1Data Analysis:

World Bank published a report in which importance and benefits of implementation of Alternative Dispute Resolution are explained in detail. World Bank use data of different developing and developed countries to depict the role and importance of Alternative Dispute Resolution in a society. World Bank explain the different aspects of ADR in a society. In modern era, the situation of law and peace is becoming bad in different countries as the time is changing. Different countries are suffering from poor law and order situation due to increase actions of terrorism. Beside this, the means of communication and improved transportation system has increase the trade among different countries. Improved and increased volume of trade increase the interaction among different individuals and cause different disputes and conflicts among individuals. The court of different countries have not enough time to deal and settle down the different small nature disputes among different individuals. As courts are already busy in settlement of criminal cases of murder, rape etc. Due to this, presence of ADR facilitate the individuals of a country to get immediate settlement of their disputes with more authentic, satisfactory and immediate sense.

World Bank provide the statistics of different countries to show that what benefits are received by those countries throughout the world who implement the ADR at local and federal level. Implementation of ADR in society bring immense benefits in form of time saving and cost saving towards different nations.

4.1.1Time Saving:

Table No: 1 (Hamilton, 2015)

Alternative dispute resolution is frequently use and implemented throughout different states of United States of America .In the above mentioned table different disputes and their settlement time through use of ADR techniques are explained clearly. Through use of ADR the settlement of disputes make in short time period which reduce the burden and boredom among individual.In regular court cases, a lengthy and complex procedure is used by Judges for settlement of disputes as courts are already busy in different other sever criminal cases and take two or three years or may be more to decide the punishment for the criminal. While in the regular courts of a country, the attorney has to deal with a series of different criminal cases which reduce their interest and attention from many small nature disputes.ADR provide different techniques for settlement of disputes out of which the role of Attributor and Mediation are frequently used for settlement of trade conflicts and different other relationship disputes among individuals.

In 2009, Colombia make it compulsory to consult and settle down the disputes through use of Conciliation.Conciliation is important and basic step of ADR implementation which simplifies the nature of dispute exist among parties.Beside through use of conciliation facilitate the individuals or parties involved in conflict to settle down their disputes, one year earlier in contrast to settlement made by regular courts of country. From 2007 to onwards the govt of UK make it compulsory to use mediation at federal level and local level to settle down minor disputes instead of referring each dispute and breech of law towards court .In UK, every minor dispute e.g. .violence of traffic rules, consumer disputes, family disputes, property disputes are referred for settlement of session courts and ADR (mediation) for settlement. While the federal senior courts are responsible to settle down and hear the details of murder cases, harassment cases and rape cases etc.

In addition to this, use of ADR techniques like Attributor and Mediation are become compulsory to use by different attorneys throughout the whole USA.From 2009, top onwards it is legally announced to use any of ADR techniques available for settlement of disputes and conflict exist among individuals.A valuable amount of time can be easily saved through use of ADR in different legal cases (depict in table 1).

4.1.2Confidentiality:

World Bank report state that ADR increase the confidentiality and privacy of all the parties or individual which are involved in a dispute. Hearing at court level eliminate the element of confidentiality and reveal the many other facts and figured about both the parties involved in the case in front of public as the courts arranged and conduct an open hearing in which anyone from anywhere can come and sit. While in use of ADR only those which have direct relation or are selected by both parties have right to come and participate in dispute settlement process among individuals. Due to this, use of ADR is one of best technique of trade related disputes in which different facts, statistics and confidential facts of business are involved and need to keep private all time.

4.1.3Cost Saving:

Settlement of disputes in courts demand a huge amount of monetary resources.As both the parties need to pay sufficient amounts to their respective attorneys and arranged many other resources to achieve a Win loss situation.Beside this,due to long hearing times and lengthy and complex process, more cost are consumed by individuals in court trial rooms in contrast to use of ADR.

Table No: 2( Lovyrev & Udovichenko, 2014)

The above mentioned table depicts the benefits and cost saving advantages which different countries gained through use of ADR at local and federal level. From 2006 to till now many developing and under developed countries like Bosnia, Serbia make it compulsory to use ADR for settlement of disputes at beginning stage. These countries implement use of ADR throughout everywhere in their countries and opened many ADR centers at different places in country. Through this the legislation cost of settlement of disputes reduced by 50% and provide immediate justice at less expensive rate.

Beside this Colombia also provide facility of justice with in short time period and at less expensive rate. Being a developing country in South Africa region the rate of criminal activities and breech of law is very high in this country. Africa is a new growing industry region in the world where many new investors and business startup their manufacturing units and industry in this region. Therefore, the govt of Colombia initiated different steps to make a better environment of law and order in country and increased the protection perception of individuals living and working in Colombia. Colombia govt made it compulsory from 2009 to onwards that every dispute must go to conciliation and mediation for early settlement of disputes before access to courts of country. The legislation cost of Colombia reduce by 40% to 50% due to implementation of ADR in the country(Carter & PierCe, 2001).

The 7 famous Latin American Countries Canada, Mexico also announced and enforce the ADR techniques at local and federal level from 2005 to onward. The cost reduce by 3 to 18 times due to use of ADR techniques in the country. Reduce cost of legislation encourage the individuals of country and make a good image of govt and its policies.

United States of America frequently use ADR techniques and one of pioneer country which used the ADR techniques first time at massive level in contrast to other countries.USA is one of largest country due to its geographical location.Many states and counties are located very far away from each other .Beside this the distance exist among different states,towns and villages is so large that distance cost become one of biggest trouble for the parties involved in dispute.Due to this from 1992 the USA govt enforce ADR technique officially at local level and make conciliation and mediation compulsory before access to legal and local courts.Due to which the legislation cost reduce by $ 500 and $ 6000 US Dollars from each party side(Balina, 2014).

ADR techniques are directly responsible and main cause for presence of efficient and immediate justice system in West. Most of Western countries are using ADR techniques for improvement of justice and law system in the country. World Bank states that every year 55% or above disputes are settle down through ADR techniques in the USA .While this rate is 50% and 40% in UK and many other European countries. Use of ADR techniques helps the individuals to provide their case in more precise way due to which the less time consumed by court on hearing process and give immediate and fast decision.

Implementation of ADR techniques increase the protection perception of every individual living in that country. Beside this, such situation positively increase the productivity of individual living in society and encourage them to work more properly and efficiently in the society. Improved law and order situation is very attractive and play significant role to bring more level of foreign investment in the country. Thus, use of ADR is common practice in all of developed countries and bring immense benefits towards many sectors and fields of society. As use of ADR reduce the element of prejudice and discrimination from society by providing immediate law and justice to every one living I a society(McGeorge, 2015).

Alternative Dispute Resolution works very actively in United States of America.As statistics indicates that ADR successfully resolve more than 70% of the disputes from 2011 to onward which come for settlement by ADR.The rate of dispute settlement is increasing yearly as by end of 2016, ADR significantly settle down 76% of conflicts which come towards it.While only 34% of disputes are send for court intervention due to not settled by ADR.Many business expert believed that presence of Alternative Dispute Resolution is very important for current globalize business environment.As globalization increase the trade relations and volume of international transactions.In addition to this,culture of many nations are merging towards each other and level of human interaction is increasing rapidly throughout the whole world.Such interaction increase the level of innovation and technology as such diversify interaction increase brainstorming and produce different unique ideas.But on other hand, this act also has a bad sight.As through excess interaction level increase the chances of disputes and conflicts.Now a days many international business are making joint ventures, acquisition and merge to expand their operational activities.The scope and vision of business acquisition and joint venture is not limit to a specific geographic limit.Through such merger,acquisition and joint venture the culture and behavior of organization and its management style changes completely.Such acts frequently lead towards different disputes and conflicts among management,directors,employees and customers.In such scenario,the role of ADR is very important.As ADR appoints neutral person and place for settlement of dispute without providing homeland benefit or familiarity with local culture and law system.ADR provide different dispute settlement techniques which emphasize to settle the dispute by securing interest and benefit of both parties and provide best possible solution for all disputes.Through ADR secrecy of business can easily keep.As there are many partners and directors which are just sleeping partners or nominal partners when the proceedings of a dispute made through local and federal court ,then all of such directors are ordered to be present during court hearing and can affect the business goodwill as business has different directors and partners belong from different social sector of life(Court, 2015).

As the time is changing the adoption rate of ADR is increasing rapidly in Asian countries.As Asian countries are now basic investment sectors for many multinational companies. Due to which many developing countries are adopting ADR techniques to increase the perception of foreign investors about law and order situation in the host country. ADR techniques settle down the issues of business and trade sector more successfully.The statistic depicts that every year 80% or above trade disputes are settle down through help of different ADR techniques.Presence of ADR techniques in a country law system increase the perception of immediate justice.ADR is one of famous justice technique which is very important for all those countries where there are less number of courts and located at very distance. Beside this, ADR techniques are best to use for developing countries where people have less financial and other resources to make aces towards judiciary system of country. Mostly the judiciary system of developing countries are very poor and demand immense improvement on immediate basis to provide quality justice system to every individual of society. As access towards justice system and to gain justice is basic human right of every human throughout this world (as stated by United Nations in their Charter).

Implementation rate of ADR is maximum in USA in contrast to anywhere in the whole world. USA is ranked among those countries where the law and order situation remain in hand of law enforcing authorities and issues regarding violation of law and crimes cases are very less. Due to presence of Castes disputes, ADR is best to implement. Due to implementation of ADR at all sates of USA, the number of disputes and fights on racism are reduced up to great level. The law and order situation of a country play direct role on the economic growth and financial position of a country. Investors prefer to invest in those countries where the law and order system remain stable and peaceful in addition to stability in political and economic conditions. Any disturbance in law and order system adversely affect the stock exchange of the country and its currency value as well. Investors considered the security of its invested amount at first and return at second number. Poor law and order system and absence of justice increase the crime rate and develop an environment of threat and terror. Such environment are not suitable and best for economic growth and businesses. Due to this, all the countries with poor law and justice system like African countries, some of Asian and gulf countries remain under developed and have less access towards foreign investment. USA implement ADR in its whole states and federation by end of 1980s and attained immense benefits in political, economic and social aspects. ADR provide a strong base for economic growth and political stability in a country. Individual give prefer to those governments which take initiatives for safety of individuals, their lives and valuables. Unavailability of immediate justice increase the anger and hate among individuals of society and make them against for government and other law regulatory authorities of country.

4.2Discussion:                                                     

Every developed country is using ADR techniques to improve law and regulation system in their country. As protection of human rights of country’s residents are basic duty of every govt. Govt with collaboration of law enforcement and security authorities of country form and implement different strategies and plans for security of individuals of country.United States of America is one of pioneer country which first time introduced ADR techniques and methods at state level. In Pakistan, the situation of law and order is very bad. As there are least number of courts which are located in capital of four provinces only and one Supreme Court in Islamabad (capital of Pakistan).Population of Pakistan is illiterate with low earing level.The awareness or information level in population is still limited.As most of population is living in rural areas where basic necessities of life are not available(Ahmad, 2009).

Before separation of Sub-continent, Pakistan, India and Bangladesh were under control and authority of UK royal govt.All the law system of UK was ruled and implemented in the whole sub-continent.After separation of Indo-Pak Sub –continent, Pakistan used the same laws developed by UK govt with little modifications.With passage of time different ordinance are passed and approved by govt.In Pakistan, ADR concept is use in a wrong direction.As ADR concept is mixed with Jirga system prevail in tribal areas of Pakistan.The Jirga system is illegal and hold full authority to settledown all types of disputes and criminal cases by their own .Jirga system not used any legal procedure and legal treatments for settlement of dispute. Beside this, the authorities of Jirga system are usually biased and make discriminate decisions. While interest and benefit of both parties are not considered and decisions are made in favor of rich and strong one. To eliminate this concept, the true implementation of ADR and its techniques is very compulsory in Pakistan(Mayer, 2010).

Pakistan is considered as one of that county which have weak law and justice system where justice is made very late. Absence of effective law system make negative image of Pakistan at international level. More than 50% of population is living in rural areas and have low rates of literacy due to which most of population have least idea about what the law is and how the law bring protection, security and benefit for the population. In addition to this, courts are located on large cities. As Pakistan has four provinces and one high court is located in capital of each province as Lahore high court for Punjab province, Sindh high Court for whole Sindh, Peshawar high court for KPK and Baluchistan high court for whole Baluchistan. Punjab is considered as one of largest populated province of Pakistan and have majority of population in rural areas. Small benches of High court judges are made in different small cities but such benches have limited authority. In Pakistan, there are session or district courts which hear the different criminal and other small disputes and conflicts. While in high court different decisions are made for settlement of disputes and crimes. In most of cases, the decision made by high court is considered final. But if, any one of party is not satisfied with the decision made by high court then they can appeal in Supreme Court (the largest justice authority in whole Pakistan).The decision made by supreme court is always consider final with no room left for improvement.

The time saving impact of ADR and its different techniques is very much impressing.As through usual time duration of settlement of each case is very long and complex in legal court system of every country.As parties are required to hire specific attorneys for representation of their views and points in court. While the attorneys have many other cases also at the same time. Due to presence of numerous cases under consideration of attorney at a time then attention of the attorneys can easily diverted and may cause boredom and decrease the attention of the attorney in many cases.While in ADR the third person hire is completely neutral and have no other case in consideration.Due to which he can identify and evaluate all aspects of the case and can view the cases from both parties view.Neutral behavior of Third person hire and its neutral behavior for both parties persuade towards better and authentic dispute settlement process.In ADR techniques the mediator and arbitrator evaluate the issue on serious and immediate basis and try their best to find out the best possible solution in short time period(Miles, 2017).

While the cost saving aspect of ADR techniques increase its adoption and usage rate a lot. In Pakistan most of people do not make access towards judiciary system due to presence of high cost involved in judicial operations. Beside this, the volume of judicial expenses increase day by day as the time pass. Presence of long time duration in judicial operations also increase the burden of legislation expenses. ADR techniques reduce the legislation expenses by 20% to 50% in different developed countries. As operational activities of developed countries increased a lot and violence rate in developed countries are also very high. But presence of ADR techniques reduce such high violation rate and increase the sense of immediate justice.

Use of ADR and its techniques eliminate the concept of favoritism and biasness from the justice and legislation system of a country.As the decision maker is completely neutral and hire with consent of both parties under ADR system. Thus, the decision authority is free from biasness and from any other pressure which bring highly satisfied results towards both parties. The attention of ADR techniques is to simplify the dispute settlement procedure and use those process and regulations which are allowed and permissible by law of the country. ADR techniques cannot go beyond the limit and scope of State and Country law. It make decision within limits of country’s law system with the mutual consent and support of law enforcement authorities of country(Knudsen & Balina, 2014).

High level of confidentiality is very important in ADR as many times the parties involved in disputes do not want to reveal their names, their business name, directors, shareholders name in front of court. As when a business disputes reached in court it bring s adverse effects towards image and goodwill of that business in industry, market and on consumers. Due to this, business try and prefer to have settlement out of court. As currently the business environment is very dynamic and quick .Things changed rapidly and demand efficient, effective and speedy response from the management of business. When the management is stuck in undue legislation and judicial procedure then the productivity and efficiency of business and its management in negative direction.

Such immense benefits highlight the importance of ADR techniques for every society and for improvement of judicial system of every society.ADR is very suitable and important for Pakistan judicial system. As street crime rate is very high in cities of Pakistan .But long process of judicial system in courts discourage the individual to make access towards court and obtain justice.Due to which many people remain deprive from the justice system of country.Many people do not report about the crime happened with them due to unprofessional behavior of police and presence of costly and lengthy legal process. While in presence of ADR the sense of govt law increase in human perception and immediate legal action reduce the violence rate among society( Lovyrev & Udovichenko, 2014).

Neighbor countries of Pakistan is already using ADR techniques from many years like India, Bangladesh. Current economic and trade projects emphasize on presence of ADR in Pakistan. Through presence of ADR, different trade disputes can be settled immediate basis and develop win –win situation for both of parties. ADR techniques provide best possible and acceptable solution for both parties. Due to no personal involvement, ADR techniques make sure that interest and benefits of both parties are secured and preserved through the decision made.India is using and adopting ADR techniques massively throughout the whole country.India is receiving huge foreign investment every year andthe rate of joint venture and business merger is increasing particularly in Indian retail sector.Due to which for facility of foreign partners and their protection ADR techniques are in use in India.Indian and Pakistan get independence on same day and remain under control of UK royal system for a whole decade.After independence both countries use the same law system developed and enforced by UK royal govt. But Indian govt implement the ADR techniques by end of 2000 with an intention to gain benefit of reduce time and cost saving benefits of ADR.

Through implementation of ADR in Pakistan the justice system will improve and everyone can get immediate justice anywhere without any hurdle and problems. Presence of old court system and Jirga system badly effect the judicial system of Pakistan and reduce the trust level of residents towards country and its judicial system. Weak judicial system effects the value, ethics, traditions and norms of society up to a high level.While, it also effect the international image of the country. Presence of globalization increase the foreign investment and trade level in the whole world. Investors invest only in those countries which have high security and has a strong judicial system to get security of their invested amount. The political stability and law and order condition effect a lot the investment decision of investors( Oricho, 2010).

There was highly need to implement the ADR and its different methods throughout the whole Pakistan particularly in rural areas where individuals have limited knowledge and monetary resources to make access towards justice system. As absence of justice facility in rural areas make the small disputes and conflicts towards large and terrifying crimes in short time period. Beside this, through ADR the element of Tribal Jirga system can also be reduced up to great extent .The biased decisions taken by Jirga and other authorities may lead to family disputes and crimes which transferred from generation to generation. As Pakistan is among top 10 countries where generation to generation crime rate is very high and every year 35% of individual died due to this generation to generation disputes and enemy behavior. Govt of Pakistan and Court bar association should play their role in this regard. Different seminars and bills can be approved to increase the knowledge about benefits of ADR towards a society.

Government took different initiatives regarding implementation of ADR in the whole country. Advertisement through electronic and print media and social media can help in this regard to create awareness among individuals. ADR is needed not due to local residents and for their protection, it is also important for the tourists, foreign investors and other individuals not belong from Pakistan. ADR will help to reduce the crime rate up to great extent and reduce the insecurity level currently prevail in country. Through ADR the employment rate in country will increase. Beside this, full legal support and back should be provided towards ADR techniques and its process. ADR techniques will only use with in the limit and scope of Pakistan law and regulation system. ADR techniques will make the country more strong and attractive in eyes of different other countries. Maintenance of law system is very important for every country. As effective and improved law system ensures stability and punctuality in a society and bring direct effect towards behavior and values of individual of society. Law and order system is very important to bring positive effect towards tradition and value formation of a society(Rajasekar & Philominathan, 1998).

ADR is need of modern era and required immensely in whole Pakistan. Different developed countries like UK,USA, Canadaand many European Countries. Beside this, many developing countries like India, Columbia are also using ADR at federal level. In addition to this, Turkey a famous Islamic country also implement the ADR techniques through the whole country. Thus, it’s time to make changes in existing legislation structure and include ADR in Pakistan judicial system.

4.3ADR Ordinance 2016 of Pakistan:

Due to increase adoption rate of ADR by many developed and developing countries.Govt of Pakistan also made ADR ordinance 2016 through this ordinance ADR is become a judicial procedure for settlement of disputes and differences among individuals.On March 7, 2017 the first ADR judicial academy of Punjab is established at Lahore.ADR judicial academy is established under authority and supervision of Lahore High Court.The Chief Justice of Lahore high court considered ADR techniques as remarkable milestone in judicial history of Pakistan.Chief Justice of Lahore High Court considered that establishment of ADR techniques will reduce the rate of strikes in Lahore and whole Punjab as well.As there are many differences and disputes which can easily sought out instead of long strikes and protests.Beside this,it also confirmed by senior authorities of Lahore High Court that any Tehsil and district bar council can make access towards Lahore High Court at any time,if they are not satisfied with working and decision making process of ADR authorities(Pillai & Manesh, 2015). Throughestablishment of ADR techniques the judicial procedure and regulation will becomesmoother.As statistics indicates that from September 2016 to February 28, 2017, lawyers made 36 strikes throughout different district bars of Punjab.These strikes remain continue to 1474 days. Due to such pro long lawyers strikes working of judiciary system effected badly. Through ADR techniques, the system of judiciary will remain continue without any pause.

The nominate person for ADR techniques will be two retired or on duty judges of every district in which ADR center is established.The ADR nominated judges will receive all necessary training from the Punjab Jusdicial Academy and will work in relevant mediation center of each district.Currently the mediation center is working through LCCI (Lahore Chamber of Commerce and Industry) and present different trade and business related differences and disputes to District Bar and Lahore High Court.In start the ADR authorities will give preference to all family and guardian related cases instead of business and trade cases. Statistics indicate that there are 1.5 million cases which are pending and cannot be settled through traditional ways of Judiciary.Due to which the establishment of ADR centers at district and tehsil level is very important(Shin, 2002).

Through parliament the Alternative Dispute Resolution Bill of 2016 has been passed in Pakistan.Bill has four different sections and one schedule. The first section deal with settlement of Civil matters, second section deal with Criminal issues, third section deals with Punchyat system which is highly prevail in villages of Pakistan and fourth section deals with different miscellaneous matters of different nature. Govt of Pakistan has announced panel of 30 neutrals for each district. These neutrals will provide the facilities of ADR to each district separately. The 30 neutrals include Lawyers, judges, retired civil servants, social workers, ulma, technocrats and many other experts of different fields. Such neutrals are responsible to give their final decision within 30 days after the case come for settlement. Govt of Pakistan has also established ADR center, at these centers the parties of ADR can get their remedy(Salacuse, 2007).

Chapter 05: Conclusion and Recommendation

5.1 Conclusion:

Alternative Dispute Resolution technique is very helpful for all participants of society.It not reduce the cost and time of both parties during dispute settlement but it also increase the quality and standard of judiciary system of a country.It help the govt of any country to maintain a smooth and regular flow of judicial system without any hurdle and difficulty. The population of Pakistan is increasing day by day in contrast to judicial centers. Limited availability of courts and presence of large number of pending cases has persuade the govt of Pakistan and judicial system to announce ADR Ordinance 2016 of Pakistan. From 2016 to onward ADR techniques are legal and obtained consent and support of govt and judicial system also. Through presences of ADR at each district the judiciary and law system of Pakistan will become more transparent and efficient. People will able to get justice in short time period in best possible way. Through ADR the cost of justice will decrease and increase the accessibility of all individuals of Pakistan towards judicial system. ADR authorities will make decision within scope and boundaries of Pakistan judiciary system. If any decision taken by ADR authorities is violated from Pakistan Islamic Judicial System then such case can refereed to relevant High court without any delay. ADR authorities will provide more acceptable decision for different disputes, conflicts and crimes. Through appointment of retired civil servants, retired Judges ,lawyers and Ulma ,the decision making power of ADR will improve and element of biasness and favoritism will eliminate completely. As only those societies can get success which provide justice without any discrimination to every individual without any delay. ADR techniques will reduce the complexity of judicial procedures and will make judicial system more easy and understandable for each individual of society.

5.2Recommendation:

This research has following recommendations:

  • This research is very useful for different lawyers and experts.
  • This research is helpful for those who are studying law and judiciary system of Pakistan.
  • This research increase the awareness about Pakistan judicial system in different individual.
  • This research is helpful to build the basic idea and uses of ADR in mind of any individual who are unaware from benefits and importance of ADR techniques in a society.
  • This research is also helpful to increase knowledge of different parties which are involved in different civil and criminal disputes or issues.

5.3Limitations:

This research has following limitations also.

  • Limited availability of time to conduct and complete the research.
  • Limited availability of financial resources to complete this research.
  • Limited availability of Data regarding Lahore High Court and number of cases pending.
  • Limited awareness and existence of ADR in Pakistan judicial literature effect the validity and reliability of this research.

5.4 Future Implications:

Future researches can be conduct on following directions:

  • Future research can conduct on effects of ADR in Developing countries.
  • Future research can also conduct on benefits and challenges faced by a society due to implication of ADR.
  • Future research can also conduct to identify the role of ADR in improved judicial system of a society.

References

Ahmad, S., 2009. Alternative Dispute Resolution (ADR) an Alternative Access to Justice, Kuala Lumpur: Kuala Lumpur Regional Centre for Arbitration.

Balina, S., 2014. Alternative Dispute Resolution Systems across the European Union, Iceland and Norway. International Journal of law and conflict System, 4(19), pp. 129-135.

Bhatterjee, A., 2012. Social Science Research: Principles, Methods, and Practices. Journal of Research of University of California, 9(2).

Carter, J. H. & PierCe, J. V., 2001. Alternative Dispute Resolution. S.l: NY Courts.Gov.

Charles, C., 2015. Sampling in Qualitative & Qualitative Research: Insights from an Overview of the Methods Literature. Journal of Nova Southeastern University, 8(3).

Choi, L. T., 2014. The Strengths and Weaknesses of Research Methodology: Comparison and Complimentary between Qualitative and Quantitative Approaches. IOSR Journal of Humanities and Social Science, 19(4), pp. 99-104.

Commission, L. R., 2010. Alternative Dispute Resolution: Mediation And Conciliation, Athens: Law Reform.

Court, L., 2015. Benefits of alternative dispute resolution. [Online] Available at: http://www.localcourt.justice.nsw.gov.au/Pages/adr/benefits_adr.aspx [Accessed 12 April 2017].

Hamilton, G., 2015. Alternative Dispute Resolution (ADR) — Definitions, Types and Feasibility. UNTCAD, 3(12), pp. 119-125.

Jilani, J. T. H., 2009. Delayed Justice & The Role of A.D.R, S.l.: Supreme Court bar Association Pakistan.

Kalanauri, Z. I., 2011. Tracing Future of ADR in Pakistan, Lahore: Alternative Dispute Ressolution Centre.

Knudsen, L. F. & Balina, S., 2014. Alternative Dispute Resolution Systems across the European Union, Iceland and Norway. Procedia-Social and Behavioral Sciences, pp. 109, 944-948.

Lovyrev, D. & Udovichenko, K., 2014. Alternative Dispute Resolution Mechanisms in the UK Securities Market, S.l.: OECD.

Mayer, B., 2010. The dynamics of conflict resolution: A practitioner’s guide. S.l.: John Wiley & Sons.

McGeorge, L., 2015. Alternative Dispute Resolution and Human Rights: Developing a Rights-Based Approach through the ECHR. The European Journal of International Law, 29(2), pp. 112-119.

Miles, R., 2017. ALTERNATIVE DISPUTE RESOLUTION (ADR) AND ITS IMPORTANCE. [Online] Available at: http://racolblegal.com/alternative-dispute-resolution-and-its-importance/ [Accessed 12 April 2017].

Olsen, K. B., 2002. The Importance of Using Alternative Dispute Resolution Techniques and Processes. International Journal of Law and Judiciary.

Oricho, D. O., 2010. Understanding benefits of alternative dispute resolution (ADR) in the work place mediation. Journal of Law and Conflict Resolution, 2(1), pp. 11-19.

Pillai, V. & Manesh, K., 2015. Alternative Dispute Resolution in India – ADR: status/effectiveness study, S.l.: SSOAR.

Rajasekar, S. & Philominathan, P., 1998. Research Methodology. International Journal of Research and Philosophy, 4(1), pp. 189-193.

Salacuse, J. W., 2007. Is There a Better Way-Alternative Methods of Treaty-Based, Investor-State Dispute Resolution? Fordham Int’l LJ, pp. 31, 138.

Schneider, A. K., 2000. Building a Pedagogy of Problem-Solving: Learning to Choose Among ADR Processes.

Shin, J., 2002. Discussion on the Models of ADR. Harvard Law and Judiciary School, 8(3), pp. 118-129.

Williams, C., 2007. Research Methods. Journal of Business & Economic Research, 5(3).

Yu, F., 2013. Mixed Methods Sampling: A Typology With Examples. Journal of Mixed Methods Research, 6(2).


Recommended Posts

Leave a Reply

Your email address will not be published. Required fields are marked *