Alternative Dispute Resolution ADR in Pakistan
WHAT IS “ADR” ALTERNATIVE DISPUTE RESOLUTION
Alternative Dispute Resolution is a legal method for dispensing timely justice and it ensures swift resolution of disputes without going through the hassle of courts proceedings. ADR is an out of court settlement that resolves disputes through negotiations between disputing parties. Various forms of disputes can be resolved through ADR; from commercial and business related disputes to property and family ones. Through ADR individuals are facilitated to solve their disputes speedily and efficaciously. In this way, issues between conflicting parties are resolved with increased efficacy and in a more cost-effective manner.
To Serve With Honesty & Dignity
Additionally, through ADR, parties are provided with an opportunity to resolve the case peacefully and they have a greater sense of say in the decision making. With Alternative Dispute Resolution in Pakistan, disputes are usually resolved in private and are more efficient, economical and viable for the involved persons. Generally, ADR is classified into four categories where Arbitration is considered being the most formal form of ADR.
We at AJS LAW ASSOCIATES provide services to clients for ADR through arbitration, mediation, negotiation, and conciliation. Disputes are resolved informally between grieving parties confidentially.
ADR PROVIDES EFFECTIVE SOLUTIONS FOR DISPUTES
The disputing parties are given the choice to develop and seek a solution with the help of ADR that suit their needs. ADR enables and empowers people to resolve disputes that meet their expectations, without much cost. Under the route of ADR, a neutral third party is involved usually to assist the disputing parties to develop ideas, communicate effectively and resolve their dispute with mutually accepted solution. There are many forms of ADR and it can be exercised through;
- Arbitration
- Mediation
- Negotiation
- Conciliation
ARBITRATION AND MEDIATION SERVICES IN PAKISTAN
One of the most widely accepted method of ADR is arbitration. Through this form of dispute resolution, a neutral third party, called ‘arbitrator’ reviews written submissions of disputed parties and carries out evidentiary hearings as well. The arbitrator can make a legally binding decision after considering all the evidence and factual background of the issue. Such a solution by the arbitrator can be enforced by the disputing parties similarly as one given by a court.
The awards given under arbitration are final and binding on all parties taking this route for dispute resolution.
DIFFERENCE BETWEEN ARBITRATION AND MEDIATION
Notably, there is a clear difference between arbitration and mediation and clients must be advised about it before selecting their choice for dispute resolution through means of ADR. Under the method of arbitration, parties are bound by the decision of the arbitrator. In contrast, mediation is a negotiation process, where mediator encourages disputing parties to accept a mutually acceptable solution with the help of negotiation. Under the process of mediation, a neutral third person known as mediator, facilitates and encourages the conflicting parties towards a mutually accepted solution. Mediation is a non-adversarial and an informal procedure, where parties reach a voluntary and mutually acceptable agreement. Mediation results in a high settlement rate, even though the procedure is non-binding and voluntary.
COMMERCIAL DISPUTES AND ADR
In commercial disputes, parties largely opt for mediation rather than arbitration or litigation. Therefore, nowadays mediation is widely practiced informal choice by traders and businesses to solve disputes. Business parties are encouraged to use this route to resolve conflicts with their clients and partners, without effecting their working relations. Mediation gives an edge over other ADR methods to resolve disputes, without much delay.
ADVANTAGES OF ADR ALTERNATIVE DISPUTE RESOLUTION
ADR facilitates disputing parties to resolve their conflicts in a timely and professional manner avoiding the costs of formal litigation. The various methods of ADR are designed to extend a fair and workable alternative against the traditional and formal legal options. Under the route of ADR, justice is dispensed through a fast track system.
In recent years, ADR has emerged as a significant movement in many countries. Through ADR techniques, a less complicates, less time consuming forum is paved that give an opportunity to resolve all kinds of disputes in a congenial atmosphere.
HOW AJS LAW ASSOCIATES CAN PROVIDE ALTERNATIVE DISPUTE SERVICES
- We can facilitate negotiations in sensitive and complex disputes as an independent, credible and impartial third-party,
- We equip professionals and businesses to take positive approach towards conflict management by providing ADR consultancy,
- Our expertise include in devising procedures and schemes for managing disputes in a professional capacity,
- We also provide settlement agreements and family mediation for disputing parties, such as maintenance and custody rights disputes.
- We advise our clients on their international agreements and contracts where Alternative Disputes Resolution is binding on both parties
- We have international lawyers and Barristers part of our team who can represent you in a particular jurisdiction should it be required
