Beyond the Courtroom: Can ADR (Alternative Dispute Resolution) Ease Pakistan’s Judicial Crisis?

More than 2.36 million cases were pending across Pakistan’s courts as of December 31, 2024, according to the Law and Justice Commission of Pakistan. With around 4,000 judges serving a population of over 251 million, that works out to one judge for every 62,000-plus citizens. Criminal and civil justice systems are essential to maintain social order, the rule of law, and constitutional governance. Yet when disputes remain unresolved for years, confidence in these principles can weaken. The problem is not simply the existence of these challenges, but the limited progress in addressing them. While courts remain central to the justice system, not every dispute needs to follow a lengthy courtroom process. Alternative Dispute Resolution (ADR) offers another route. 

What ADR Offers Beyond the Courts?

ADR refers to processes through which disputes can be resolved without traditional court adjudication. It includes methods such as arbitration, mediation, conciliation, and neutral evaluation. Pakistan’s Alternative Dispute Resolution Act, 2017, formally recognizes these mechanisms and aims to facilitate the speedy settlement of disputes without resorting to formal litigation. The results, where ADR has actually been used, back this up. The Karachi Dispute Resolution Centre has resolved a commercial dispute that had been pending in the High Courts for five years, in just 12 hours of mediation. In 2025, the Supreme Court itself referred a long-pending family dispute to a court-appointed mediator, who guided both parties to a resolution within five weeks. This does not mean that ADR should replace the courts. Rather, it can help ensure that courts are not burdened with disputes that can be resolved more efficiently through alternative mechanisms.

Where Traditional Dispute Resolution Falls Short?

Pakistan is not unfamiliar with dispute resolution outside formal courts. Jirgas and panchayats have traditionally helped communities resolve conflicts. However, these systems have also faced criticism when their decisions have conflicted with basic rights or  the principles of justice. Modern ADR is different because it operates within a legal framework and depends on safeguards such as neutrality, consent, professional competence, and enforceability. It can work alongside existing legal and traditional practices while offering people more options for resolving disputes. 

ADR Beyond Pakistan’s Borders

The growing use of ADR around the world shows how dispute resolution is changing. Commercial, financial, and contractual disputes can involve complex issues that may be better handled through specialized processes outside traditional courts. International arbitration is especially important in cross-border business. The 1958 New York Convention provides a framework for recognizing and enforcing foreign arbitral awards. Pakistan ratified the Convention in July 2005, and it came into force in the country in October that year. Pakistan’s participation shows that ADR is already part of the international legal system. The focus now is on making these processes more effective and accessible within Pakistan.

Professional Standards for Effective ADR

Having laws on the books is not enough. ADR also depends on public trust and well-trained professionals. Mediators, conciliators, and arbitrators need legal knowledge, neutrality, ethical standards, and practical skills to handle disputes fairly and efficiently. Clear safeguards help make ADR a reliable alternative to traditional litigation. Public awareness also matters. People need to understand when ADR can be used, how the process works, and whether its outcomes can be enforced. This can help them make informed choices about how to resolve their disputes. 

What Pakistan Needs to Make ADR Work?

Pakistan’s judicial challenges cannot be solved by creating another system and leaving it underused. The country already has a legal framework for ADR, in place since 2017, and pilot projects have shown that it can work when properly used. The next step is to make ADR a more active part of the justice system across the country. The goal is not to move justice away from the courts, but to resolve disputes through the most suitable process. A stronger ADR system helps reduce unnecessary cases, speed up resolutions, lower costs, and improve access to justice. Its success will depend not only on the law, but also on effective institutions, trained professionals, public awareness, and trust in the process.

Image Source