Addressing Cases Backlog Through ADR by Mitigating Challenges and Steering Disputes Toward Alternate Resolution in Pakistan

As the formal conventional system of adjudication has failed due to the continuous growth of complexity, Backlog, and high volume of cases have made traditional adjudication slow and less effective. This research aims to highlight the failure of formal court processes. It explores how Alternative Dispute Resolution (ADR) can help meet the needs of today’s legal challenges, like any organic entity to meet the litigation challenges of the modern era. The study uses the official judicial statistics of Pakistan. It compares Pakistan’s situation with other countries that face similar problems. It includes an in-depth review of expert opinion regarding Alternative Forums for conflict resolution. Over and above that to investigate the existing legislation, Act, Ordinance, Protocol, Statute, By-law, and precedent in Pakistan to provide a solid ground for the implementation of the Alternative Dispute Resolution (ADR). The findings show that, currently, Pakistan has many laws about ADR. But its use is still limited. The biggest issue is the enforcement of ADR outcomes, especially arbitration awards. In conclusion will suggest that Pakistan must take clear steps to explore potential avenues for improvement by identifying “What” specific steps can be taken to enhance its implementation along with efficiency, potential, and predictability. These changes can reduce the burden on courts and make justice faster and more reliable.

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Publication Details

Journal
Control Science and Engineering
Published
2025-08-30
DOI
https://doi.org/10.11648/j.cse.20250902.11
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
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article

Addressing Cases Backlog Through ADR by Mitigating Challenges and Steering Disputes Toward Alternate Resolution in Pakistan

Shahsawar Khan
Control Science and Engineering
International Arbitration and Investment Law
article

Addressing Cases Backlog Through ADR by Mitigating Challenges and Steering Disputes Toward Alternate Resolution in Pakistan

Shahsawar Khan
article en

Abstract

As the formal conventional system of adjudication has failed due to the continuous growth of complexity, Backlog, and high volume of cases have made traditional adjudication slow and less effective. This research aims to highlight the failure of formal court processes. It explores how Alternative Dispute Resolution (ADR) can help meet the needs of today’s legal challenges, like any organic entity to meet the litigation challenges of the modern era. The study uses the official judicial statistics of Pakistan. It compares Pakistan’s situation with other countries that face similar problems. It includes an in-depth review of expert opinion regarding Alternative Forums for conflict resolution. Over and above that to investigate the existing legislation, Act, Ordinance, Protocol, Statute, By-law, and precedent in Pakistan to provide a solid ground for the implementation of the Alternative Dispute Resolution (ADR). The findings show that, currently, Pakistan has many laws about ADR. But its use is still limited. The biggest issue is the enforcement of ADR outcomes, especially arbitration awards. In conclusion will suggest that Pakistan must take clear steps to explore potential avenues for improvement by identifying “What” specific steps can be taken to enhance its implementation along with efficiency, potential, and predictability. These changes can reduce the burden on courts and make justice faster and more reliable.

Control Science and EngineeringVol. 9(2)
International Islamic University, Islamabad (PK)
Openalex Percentile: Top 66%
International Arbitration and Investment Law
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