Comparative Analysis of Scope and Implications of Alternative Dispute Resolution in Pakistan and the UK
Year: 2024
Type: article
Abstract: This comparative analysis delved into the scope and implications of Alternative Dispute Resolution in Pakistan and the UK which is focusing on the legal frameworks, practices, and outcomes in Pakistan and the UK. The primary objectives is to identify key legislative and procedural differences, assess the effectiveness of ADR in reducing litigation and enhancing access to justice and evaluate the challenges and opportunities each country faces in implementing ADR. By conducting a comprehensive literature review of legal texts, case law, reports, and statistical data, and analyzing selected case studies, this study provides a nuanced understanding of the ADR landscape in both nations. The UK's ADR legal frameworks are well-established, with comprehensive guidelines for mediation, arbitration and conciliation, contributing to its effectiveness in alleviating court backlogs and providing swift dispute resolution. In contrast, Pakistan's ADR framework is evolving, with recent legislative efforts promoting ADR, though challenges such as limited awareness, inadequate infrastructure, and resistance from traditional legal practitioners persist. The study finds that while ADR in the UK is recognized for its efficiency, uniformity in practices and enforceability of outcomes remain areas for improvement. Pakistan's ADR effectiveness is hindered by cultural resistance and institutional capacity constraints, despite growing traction and legislative support. The UK can benefit from Pakistan's integration of traditional dispute resolution practices, making ADR more culturally resonant and accessible. Conversely, Pakistan can adopt best practices from the UK's robust ADR framework to enhance its efficiency and credibility. The study concludes that a collaborative approach, drawing on each country's strengths and experiences, can lead to more effective and inclusive ADR systems.
Source: Journal of Law & Social Studies
Author: Khurram Baig
Institution: Bahauddin Zakariya University
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4409551752