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Laws related to ADR in Pakistan – An analysis
INTRODUCTION
“Litigation is a scenario in which you go in like a bull but leave as a sausage,” by Justice Mansoor Ali Shah of the Supreme Court of Pakistan.
Alternative Disputes Resolutions still a very controversial topic in Pakistan. Since 1.7 million cases are pending in Pakistan, the government urges judges, experts, and legal professionals to promote mediation to resolve issues rather than court. In this regard, the position of lawyers is becoming increasingly significant. As a result, the role of lawyers in mediation is becoming increasingly important.
In Pakistan, there are following laws having provisions about the Alternative Dispute Resolution (ADR) such as Constitution of Pakistan,1973 (Arts. 153-55); ADR provisions of the Code of Criminal Procedure, 1898; S.89-A of the Civil Procedure Code (CPC), 1908 (as amended in 2002) read with Order X Rule 1-A (deals with alternative dispute resolution methods)
PROVISIONS ON ADR IN PAKISTAN
The Civil Procedure Code of 1908 (CPC) contains rules relating to dispute resolution and makes mediation a contemporary subject. The following provisions are described:
1. Section 89-A: “The Court can, when it finds appropriate, having respect to the facts and circumstances of the case, follow with the agreement of the parties an alternative conflict settlement process, including mediation and conciliation, to obtain expeditious disposition of a case, in or to a suit.”
2. Order X Rule 1A: The Court may: (i) conduct preliminary proceedings and issue orders for speedy processing of the case; (ii) issue, with the consent of the parties, commissions to examine witnesses, admit documents, and take other steps for trial; (iii) adopt, with the consent of the parties, any alternative method of dispute resolution.
There are many other Acts other than CPC which encourages the use of ADR in Pakistan i.e.
1. The Arbitration Act, 1940
2. The Probation of Offenders Ordinance, 1960
3. Sections 10 and 12 of the Family Courts Act, 1964
4. Section 195C of Customs Act, 1969 and Chapter XVII of the Customs Rules, 2001
5. Article 163 of the Qanun-i- Shahadat Order, 1984 (decision on oath)
6. Plea Bargaining (sec. 25 of NAB Ordinance, 1999)
7. Section 134A of the Income Tax Ordinance, 2001 and Rule 231 C of the Income Tax Rules, 2002.
8. The Small Claims and Minor Offences Courts Ordinance, 2002;
9. Section 47A of the Sales Tax Act, 1990 and Chapter X of the Sales Tax Rules, 2004;
10. Section 38 of the Federal Excise Act, 2005 and Rule 53 of the Federal Excise Rules,
11. Sections 96–99 of the Local Government Act, 2013.
PAKISTAN MEDIATORS ASSOCIATION (PMA)
Pakistan's first body represents foreign-trained and certified mediators and other experts who have entered the Association. The Association was founded in 2013 and has since taken over a range of operations previously carried out by the IFC/World Bank Group's Alternative Dispute Resolution (ADR) Pakistan Project Phases 1 and 2. PMA decides to help and lead efforts to resolve conflicts between parties amicably and by mediation. PMA is pursuing the following goals and priorities.
1. Encourage the use of mediation as a means of resolving conflicts.
2. Assistance to government, semi-government, and non-governmental organisations in the area of ADR and mediation rule change
3. There is a growing awareness of mediation among different communities, practitioners, and organisations.
4. Providing tools for practitioners in the area of mediation to improve their potential.
5. Establish and sustain connections with like-minded local and international organisations working in the area of mediation.
6. Hold seminars, lectures, and other forums in Pakistan in the area of mediation.
CONCLUSION
The concept of ADR is having a positive impact around the world. In only the previous month, Turkey received 30,828 mediation petitions and had a 72 per cent arbitration record. In Italy, almost everybody now believes that the new mediation model has shown promising outcomes.
Alternative dispute resolution promises to have a trickle-down impact on other segments of society in Pakistan, where the need is obvious. The rapid settlement of commercial conflicts, where ADR is gaining ground, could boost customer trust both domestically and internationally.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code VIA Mediation and Arbitration Centre shall not be responsible for any errors caused due to human error or otherwise.
- Introduction on ADR laws in Pakistan
- Highlights the provisions which promotes ADR
- Conclusion
