Evaluating the Impact of ADR Mechanism in Reducing the Backlog of Civil Disputes on Judiciary

Abstract

In Pakistan, the concept of access to justice exists only as delayed justice which is a denied justice. However, the Constitution of Pakistan 1973 emphasises the promotion of accessible justice to all citizens, which means there must be a smooth channel for the sake of justice to aggrieved seekers. On the contrary, it has been observed through years of practice that the legal system is overburdened with proceedings and litigation. Due to this, the scenario of delayed justice is arising and the alternate dispute resolution ADR is becoming the need of an hour. ADR presents a feasible means to speed the resolution of disputes, improve the strain on traditional court systems, and enhance the availability of alternative modes of resolving conflicts for individuals within a legal system characterised by a backlog, delays, and restricted access to justice. The study seeks to identify the deficiencies that obstruct the fulfilment of ADR capabilities through an examination of the current legal framework and the available mechanisms to tackle such challenges. The study's primary objective is to assess how ADR methods such as negotiation, mediation, arbitration, and conciliation have gained attention for offering a faster, cost-effective, and adaptable approach to resolving conflicts compared to traditional litigation. The outcomes of this research will contribute to the existing knowledge on ADR in Pakistan, offering practical insights for policymakers and legal professionals. In the end, this study deliberates some recommendations for the revival of justice by the successful implementation of ADR in Pakistan.