Analyzing the Effectiveness of Alternative Dispute Resolution
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Date
2024
Journal Title
Journal ISSN
Volume Title
Publisher
UMT.Lahore
Abstract
This thesis argues that Alternative Dispute Resolution mechanisms have become an important component of Pakistan’s practice for handling disputes due to their ability to relieve pressures on the formal judicial system and improve people’s access to justice. The use of Alternative dispute resolution methods like mediation, arbitration, and conciliation plays substantial recognition for offering a more efficient, less expensive, and less aggressive technique of resolving disputes than regular court action. Thus, applying the case study methodology, this research examines Alternative dispute resolution’s implementation and effectiveness in the context of the Pakistani legal system, comparing and assessing the existing legislation, judicial and party approaches to the use of alternative dispute resolution in various kinds of trials, commercial, and family and community trials being among the most common ones. This paper aims to review the literature on alternative dispute resolution including its associated theory and analyze the extent to which the desire theory is applied in the Pakistan legal structure. It looks at the comparative position of Pakistan’s alternative dispute resolution laws to other legal systems to establish similarities and differences as well as the areas that need improvement. Besides, the research evaluates awareness and acceptance of alternative dispute resolution by the public and institutions, which examines the tests and paradigms that come with particular strategies or approaches to alternative dispute resolution and its effects on legal processes. In light of the study information derived from empirical data, it will be possible to examine the crucial issues of alternative dispute resolution in Pakistan, as well as the stakeholders’ satisfaction with improved implementation of alternative dispute resolution, informational awareness, access, and procedural fairness. The thesis is concluded in the last chapter based on the findings of the empirical studies by providing recommendations to improve the outcomes and accessibility of alternative dispute resolution in Pakistan. These recommendations concern changes to legislation and rules, training and development programs for legal personnel, and measures to increase the public’s understanding and acceptance of alternative dispute resolution. This thesis adds to debates on enhancing the effectiveness of Pakistan’s adjudication systems and legal changes to promote fairness and efficiency of alternative dispute resolution by presenting a theoretical review and drawing upon evidence in comparative studies.