The pros and cons of alternative dispute resolution

The Special Assistant to the Prime Minister for Human Rights and Women Empowerment informed the masses that Alternative dispute resolution (ADR) is gaining considerable recognition in Pakistan due to its potential to alleviate the burden on the overburdened court system. According to her, the ADR had many advantages to benefit from including efficiency, cost-effectiveness, Confidentiality, and Flexibility. As said the Government, the legal community, and various institutions have been taking initiatives to promote ADR and integrate it into the legal framework.

Historically, Pakistan’s law and Justice system could not uphold public trust and failed in performing its constitutional responsibility through the timely completion of the investigation, fair prosecution, and dispensation of justice to the public due to the faulty investigation, prolonged delays in under-trial cases, huge backlog of judiciary and upsurge in institutional corruption. According to a previous report, more than 52, 000 cases were pending trial in the apex court in last year while these figures are in the millions in the lower/district courts. The courts are overburdened and the peculiar trial process badly embarrasses the petitioners and respondents who in turn get prepared to settle their cases mutually to get rid of futile and lengthy court proceedings.

The government of Pakistan constituted the Legal Aid and Justice Authority (LAJA) under the Ministry of Human Rights in an attempt to provide relief to the public/complainants whose cases struck unceasing delay due to the failure of the law and Justice System. Under the ADR method, cases are settled through mediation, arbitration, and negotiation between the victims/petitioners and accused based on compromise, give and take. In fact, Alternative Dispute Resolution (ADR) is not an alternative to justice and fair trial because victims/complainants use this option as a last resort in utter disappointment with police and courts. The ADR system provides a window for the victims or the family of a diseased person to compromise with assassinations/criminals, and crooks to abruptly end their legal fight for justice against their adversary. Unfortunately, the state gave the ADR a legal shape while Police, judges, and jury advise the victims and their families to use the ADR system to get rid of their mental depression, physical fatigue, and financial loss because such provisions help police elude investigation, facilitate judges’ escape from prolonged hearing, and reduce bulk work of the lower staff. Although, the Alternative Dispute Resolution system flourishes unbelievably but the regular law and justice system is gradually laying to the rest in this country.