Critical Analysis of Mediation Law of Islamabad (Alternative Dispute Resolution Act, 2017)

الملخص

he idea of Alternative Dispute Resolution (ADR) is not novel and is deeply rooted in our society in specific forms along with ‘panchayat’ or ‘jirgah’ when the modern formal adjudication system could not fulfill the needs of the litigants. With the development in the neighborhood and worldwide laws, it has resulted in formalizing the guidelines for the substitute-based approaches in Pakistan (Alternate Dispute decision Act, 2017). The research is geared towards the future of the ADR Act, 2017 in Pakistan and the way it is going to be effective for fast and expeditious justice. The qualitative research methodology was applied critically analyze the enactment. The objective of this research is to investigate the impediments to mediation in Pakistan and the prospects of extension via an exclusive approach. It is observed that mediators continue to be key to the fulfillment of the manner which might be imposed upon otherwise unwilling parties. It requires the competence, ability, and charisma of the mediators that could make the litigants believe in the process. Furthermore, it was also observed that the Alternate Dispute resolution Act, of 2017 paves the path however it is not exhaustive nor comprehensive, so another legislative upgrade is required.