Title ADR Question No 5.pdf ✅

ALVI LAW ASSOCIATS 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re-forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ADR you can watch lecture of this question from here. https://youtube.com/playlist?list=PLXTPClsX2hdBTYAdNL1vmvQ RCjRDU49UY&si=QndPP2AC4nW_2EVm Question # 05: Write a detail note on the concept of History and development of ADR in India and Pakistan, also role of courts in promotion of ADR’s in India and Pakistan? (This Question is from 4rd Topic of the Outline) 1. INTRODUCTION: Alternative Dispute Resolution (ADR) refers to methods like negotiation, mediation, arbitration, and conciliation used to resolve disputes outside traditional court systems. In India and Pakistan, ADR has developed significantly to alleviate the burden on courts, promote quicker resolutions, and provide accessible justice. Countries like India and Pakistan, doing their best to achieve true goals of the ADR. The courts system of India and
Pakistan has played their role in the development of the ADR. 2. MEANING OF ADR: According to Oxford Dictionary of law: “Various methods of resolving civil disputes otherwise than through the normal trial process.” 3. DEFINITION OF ADR: Alternative Dispute Resolution (ADR) refers to various processes that help parties resolve disputes without a trial. According to the American Bar Association: "Alternative Dispute Resolution (ADR) refers to a variety of processes and techniques such as mediation, arbitration, and negotiation that are used to help parties resolve disputes without resorting to litigation." 4. HISTORY AND DEVELOPMENT OF ADR IN PAKISTAN: ADR in Pakistan has evolved from traditional methods like Jirgas and Panchayats to formal legal frameworks. Post-independence, the Arbitration Act of 1940 was inherited and used. Judicial reforms in the 2000s emphasized ADR, now ADR amended in this year 2024 as crucial document.  Traditional Practices: ADR in Pakistan has its origins in traditional dispute resolution methods like Jirgas and Panchayats. These were informal assemblies of community elders who settled disputes within villages and tribes. These methods were preferred for their speed, simplicity, and cultural acceptance.  Post-Independence: After gaining independence in 1947, Pakistan continued using the Arbitration Act of 1940, which was
inherited from British India. This act provided a formal legal framework for arbitration but was not extensively used initially due to the strong reliance on traditional practices.  Judicial Reforms: In the early 2000s, Pakistan recognized the need to alleviate the burden on its overburdened courts. Judicial reforms were introduced to emphasize the importance of ADR. These reforms aimed to encourage mediation and arbitration as effective alternatives to lengthy court proceedings, providing faster and more efficient dispute resolution methods.  Modern Developments: The Alternative Dispute Resolution Act, 2017, marked a significant step in modernizing ADR in Pakistan. And now in the year of 2024 Pakistani parliament and federal government amended the ADR act with the consent if the provinces through resolution. This act aimed to institutionalize and formalize ADR processes, making them more accessible and reliable. Efforts have been made to establish ADR in accordance with the model of ADR adopted by the general assembly of United nations. 5. HISTORY OF ADR IN INDIA:  Ancient and Medieval Periods:  Panchayats: In ancient India, disputes were resolved by village councils known as Panchayats. These councils, comprising respected village elders, provided a community- based approach to conflict resolution.  Medieval Times: During the medieval period, similar local dispute resolution mechanisms continued under different rulers, ensuring justice was accessible and swift.  Colonial Era:
 British Influence: The British colonial administration introduced formal legal systems in India while maintaining some traditional dispute resolution practices.  Indian Arbitration Act, 1899: This was the first formal law governing arbitration, aimed at providing a legal framework for resolving commercial disputes outside courts.  Arbitration Act, 1940: This act consolidated and reformed the arbitration laws in India, establishing more structured arbitration processes and procedures.  Post-Independence:  Arbitration and Conciliation Act, 1996: Post- independence, India enacted this act to modernize and streamline arbitration and conciliation processes. It incorporated global standards and was based on the UNCITRAL Model Law on International Commercial Arbitration.  Lok Adalats: These "People’s Courts" were established to handle civil disputes, especially those related to family and community matters. Lok Adalats provide a quicker and more cost-effective resolution method compared to traditional courts. 6. ROLE OF COURTS IN PROMOTING ADR IN PAKISTAN: The role of courts in Pakistan for the promotion of ADR can be discussed under following headings.  Judicial Initiatives:  Court Orders and Judgments: Pakistani courts encourage the use of ADR through various orders and judgments. For example, courts often refer commercial and family disputes to arbitration or mediation to expedite resolution and reduce the case backlog.