The impact of adrs on the effectiveness of judicial system: a case study of Pakistan

Abstract

“The impact of ADRs on the effectiveness of the judicial system; A case study of Pakistan”, is a study designed to understand the effectiveness of Alternative Dispute Resolution Systems, these are mechanisms which are utilized for resolution of disputes outside the court channels, thereby reducing the burden on the already overburdened court systems. In this regard, we have studied the perceptions of the Pakistani public about the role of ADRs in the current judicial system of Pakistan and have analyzed it in the context of the expert opinion that we gathered from our qualitative interviews. Perceptions mean what the public thinks about the problem, versus, what the experts know. Hence, this study is a reconciliation of a layman’s perceptions and an expert’s knowledge from years of study of the law and jurisprudence. This research seeks to find out the answers to three main questions: What are different ADR mechanisms employed worldwide; what effect would incorporation of modern ADR mechanisms in the legal and constitutional system of Pakistan create; what benefits ADR systems have over the traditional process of litigation and how can we make our traditional ADR systems effective? Further research aims and rationale are presented in the introduction, while the conceptual framework draws attention to the urgency of the situation, and gives a brief understanding of the variables of the study. The literature review illustrates various aspects of ADR systems followed worldwide, including detailed explanation of ADR mechanisms of US, UK and India, which diversifies and enriches the content of this study. Also the traditional ADRs of Pakistan are explained, together with their effectiveness and shortcomings. ADR laws of Pakistan and other countries have also been drawn upon to strengthen our knowledge of the topic. Next follows the chapter on research design and methodology with systematic and detailed descriptions of the units of analysis and 10 mixed research methods employed. The study is divided into two parts; quantitative and qualitative, a combined analysis of which is done in the findings part. Our findings reveal that the majority of our population sample shuns the idea of traditional Jirga and Panchayat systems, in effectively dispensing justice in the country. Instead, they propagate that reforms must be introduced into these systems to help ensure speedy justice, as “justice delayed is justice denied.” The research wraps up in a conclusion chapter, preceded by a framework for policy recommendations and limitations of the study, accompanied by appendices consisting supplementary information on qualitative and quantitative data analysis in the end.